NEED HELP! - DPChallenge Forums

Leica 35mm f/1.4 Summilux M Aspherical MF - Black

04/07/2008 08:22:58 AM · #1

I have a photo (not on here yet) of a factory at night. Now the company has contacted me wanting to buy the image (rather than any prints) for use in various marketing/presentations etc. I originally quoted £100 and they agreed quite quickly (doh!) so I said that if they wanted full use of the image for any purpose then it would be £200, which they seemed OK about.

So my question is about rights/copyright.

If I sell the image for a specific use, how do I enforce that? As once I hand over the image they can produce their own prints etc.

What type of rights is it if they can do whatever they want with the image, but I still own the copyright?

I originally contacted them to sell them a print/canvas but I don't mind selling the image, have I under/overpriced it?

I need to get back to them soon, so thanks in advance.

cheers
Rob

scarbrd

Leica M10

04/07/2008 08:50:16 AM · #2

Since you already agreed to sell the "full use of the image for any purpose" for £200, then I believe you should do so. Under that agreement, there is no "specific use" element.

I would get them to sign an agreement that you can use the image for your portfolio and promotion of your photography if you can. I would also to ask them to give photo credits when and where appropiate.

Congrats on the sale!

Kaveran

Canon EOS-50D

Canon EF 24-70mm f/2.8L USM

04/07/2008 09:17:09 AM · #3

Originally posted by rob_smith:

What type of rights is it if they can do whatever they want with the image, but I still own the copyright?

I originally contacted them to sell them a print/canvas but I don't mind selling the image, have I under/overpriced it?

I need to get back to them soon, so thanks in advance.

cheers
Rob

You always maintain copyright of an image unless you specifically sell it.

As for pricing, only you can really determine if you sold it for a fair price. There are a few online pricing tools where you specify specific use, print size etc and it comes back with a price range for you. If you are giving them unlimited usage rights you may be a bit on the low side for the sale but at the same time its money in your pocket as as scarbrd said if you can get them to agree to give you credit when possible its more publicity for you.

coryxmorton

Canon EOS-5D

Canon EF 16-35mm f/2.8L USM

04/07/2008 10:04:01 AM · #4

Editorialphoto.com has a Rate Estimator which will generate a range of prices that you should charge based in the info you dial in.

I personally think you under priced the photo a little, but no biggie. Hang in there, learn the ropes, and prepare yourself for the next time.

Always, always, always have them sign a contract and agree to your licensing terms or no sale. Make sure it states that you're able to use the photo for your own promotional usage. Also, ask if they want the exclusive usage rights(NOT copyright) for the photo. If they want exclusive rights to it, then you could easily double your price. If they don't, then you're free to sell the photo time after time again. Also, make sure they understand that they do not retain the copyright for the photo. Which leads me to, have you ever registered your work with the copyright office? If you are unfamiliar with it, read this article.

If you have any questions, feel free to send me a PM. I'm in the midst of my second business class at photo school and if there isn't something I can answer, I could always ask one of the photo business teachers here.

Canon EF 16-35mm f/2.8L USM

04/07/2008 10:48:50 AM · #5

Thanks for the advice everyone, is there any standard text I can use to write up a quick invoice. I want to sell them the right to use it for whatever they want, but I want to retain copyright and the right to sell it again.

P.S. Can I retain the right to sell it again if I don't have a property release anyway?

oOWonderBreadOo

Canon EOS-5D

04/07/2008 03:21:46 PM · #6

you'll want to use the term 'unlimited use rights' and give a locale (such as north america) and a date when the use will end. :0)

here's some other terms you might find helpful...

E. GRANT OF RIGHTS: Grant of reproduction rights is conditioned upon Clients written acceptance of the terms of this agreement, receipt of payment in full, and placing of the required copyrighted notice on each use of Photographer�s work. All rights not expressly licensed to Client in writing remain the exclusive property of Photographer. Unless otherwise stated herein, duration of license is one year from date, and license is for English Language use in the United States of America only.

F. COPYRIGHT PROTECTION/ CREDIT LINE: Client must provide the following copyright protection on each use or fee is tripled:
If Non- Editorial proper notice may be either �( Client Name, Year- date of first publication� which protects the whole and all of its component parts, or �( YOUR NAME OR CO. � adjacent to or within the photograph(s) which protects the photograph(s).
If Editorial credit line in the form �( YOUR NAME OR CO. � in type no smaller than that of related text must appear adjacent to or within the photograph(s) on each use.

CLIENT ACKNOWLEDGES THAT SUCH A TRIPLE FEE IS FAIR AND REASONABLE FOR PHOTOGRAPHERS LOSS OF RECOGNITION AND LACK OF COPYRIGHT PROTECTION RESULTING FROM LACK OF, OR IMPROPER COPYRIGHTED NOTICE/ CREDIT LINE.

G. INDEMNITY: Client indemnifies and holds Photographer harmless against any and all liabilities, claims and expenses, including reasonable attorney fees, arising from its use of Photographer�s work.

N. USAGE: No other use may be made in connection with any of the photographs or separation film(s) other than what is stated herein without written consent from the Photographer.

O. MISCELLANEOUS: Client may not assign or transfer this license. No alterations may be made in any of these provisions without the express consent of the Photographer.

Bear_Music

Samsung Galaxy S21, S21+, S21 Ultra

Sony 24-70mm F4 Vario-Tessar T* FE OSS

04/07/2008 03:26:57 PM · #7

You sell them unlimited usage. You maintain the copyright and may sell the same image to others if you wish. If they want to control use of the image, they need to buy exclusive rights. You charge a lot more for those, and IF a client wants exclusive rights then THAT contract needs to include a "portfolio usage" clause. If you are selling unlimited rights, you don't need that clause.

R.

04/07/2008 04:02:38 PM · #8

Thanks everyone, I'm really excited!!!

I have sold a couple of prints of pics before, but only made a small profit. This would be my first proper "image" sale, I have e-mailed the guy back with an "unlimited usage" offer, fingers crossed!!

Here is the image, obviously it looks better bigger but hey ho!

Nikon AF-S NIKKOR 24-70mm f/2.8G ED

04/09/2008 03:55:55 PM · #9

Thanks again for the advice, sold for £150!!

Woohoo!!

Sold on a non-exclusive royalty free licence, who says you can't take good photos with a D40.. ha ha..

citymars

Nikon D700

04/09/2008 04:02:05 PM · #10

Terrific, Rob. I think that sounds like a very good price, especially considering it's your first "real" sale. The photo looks great, too.