[sholtzma]

I am negotiating with a small business in town to take about 24 scenics and other shots of their business (a restored house and garden). The owner wants to use these images in ads, a brochure, and her website. In order to determine what to charge, I have proposed some contract conditions to the owner. She accepts some and does not accept others. My question to all you is what, if anything, I should compomise on and what I should not.

So far we agree that I will keep copyright of the images and that I will retain all rights to use the images as I see fit. We also agree that she will be buying some unlimited rights for an unlimited time, such as to use the images as many times as she wants, in any sizes she wants, and in any locations she wants.

The two terms still at issue are these: (1) I asked to receive an inobtrusive photo credit (name and copyright symbol) with any print or web use of any of the images. And (2) I am insisting that she use the images only for advertising purposes. So, for example, she may not put my images on products (cards, pots, mugs, T-shirts, etc) that she sells, even if the sale also indirectly advertises her business. But I will let her use the images on her website even if she ends up selling ad space on her site, since the website is about advertising and she would not be directly selling the images. She could also put the images on a thank you card that she sends (freely) to clients.

I am tempted to offer the following compromise: I will withdraw the condition that any use of images have a photo credit, if she will accept the limitation that she use the images only for advertising.

Is this a good compromise, in your view. And, assuming she were to agree to it, any help with what price I should ask for?

Thanks in advance to any comments you have.