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09-20-2017, 07:26 AM   #1
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Stock proposal

Sorry about the non related Pentax question, but I would really appreciate the help. I have been in contact with a well known mountaneering company that want to use a photo of mine for a publicity campaign. I have been selling prints for years now but have never sold stock. The company wants me to give them a stock proposal before we go ahead with the collaboration. I am assuming the want me to lay down some conditions for the image and pricing? Any ideas on what I should tell them roughly? They are awaiting my reply and have no idea and what to tell them. Cheers guys!!!!!

09-20-2017, 09:27 AM   #2
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As is always the case in situations like these, the best thing to do would be to talk to an attorney who specializes in such contracts and have them write it up for you, but in a general sense, here are some things to look for:

1) You retain ownerhsip of the image and are free to commercialize it how you see fit (with the exception of #2 below). The company company is given a license to use it in their advertising, not sold the image outright.
2) If the company is giving the exclusive right to use the image within its own commercial field, then you should be given consideration accordingly. Doubly so if they want exclusive rights to all commercial uses.
3) The media in which it may be used and in what ways should be clearly laid out, with compensation adjusted accordingly based on medium, campaign size, length, etc.. Do not do a blanket/perpetual giveaway unless you are paid fairly for it.
4) The company is not given the right to sublicense the image without your prior authorization.
5) Decide what level of credit should be given for each use in particular media.
6) Make sure that the company agrees in writing to pay license fees for transformative uses of the image, not just the original image itself.
09-20-2017, 10:11 AM   #3
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Ok, great feedback. Thank you very much. At the moment they have ask for 2 jpeg images to put forward as a prototype let's say, then they want me to send others from the same angle in different lighting as raw images if possible (which I am not too comfortable with. Although this company is a world renowned hiking brand that you think you should trust. Still they haven't discussed in any way royalities
QuoteOriginally posted by dcshooter Quote
As is always the case in situations like these, the best thing to do would be to talk to an attorney who specializes in such contracts and have them write it up for you, but in a general sense, here are some things to look for:

1) You retain ownerhsip of the image and are free to commercialize it how you see fit (with the exception of #2 below). The company company is given a license to use it in their advertising, not sold the image outright.
2) If the company is giving the exclusive right to use the image within its own commercial field, then you should be given consideration accordingly. Doubly so if they want exclusive rights to all commercial uses.
3) The media in which it may be used and in what ways should be clearly laid out, with compensation adjusted accordingly based on medium, campaign size, length, etc.. Do not do a blanket/perpetual giveaway unless you are paid fairly for it.
4) The company is not given the right to sublicense the image without your prior authorization.
5) Decide what level of credit should be given for each use in particular media.
6) Make sure that the company agrees in writing to pay license fees for transformative uses of the image, not just the original image itself.
09-20-2017, 02:14 PM   #4
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In reading what several professional photographer groups and individuals have to say: "Never give a client RAW images -- ever".

There are exceptions, but those that require RAW images have that written into their contract. In the film days - National Geographic required their photographers to send in their slides. In the early digital days, they required only RAW images be delivered. This was part of the NG workflow (as explained by several NG photographers in their workshops) to see if the photographer was up to snuff. If the slides/RAW photographs showed a basic incompatibility to get it right, they would be replaced. Image manipulation was not allowed at all.

Since this sounds like it is not NG, then if they demand RAW, you should demand at least 10x more money. They should know better.

09-20-2017, 04:10 PM   #5
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Also bear in mind that if they strip the copyright metadata from your Raw images, it can form the basis of a lawsuit under the DMCA, even where your copyright isn't registered. Long story short, double check that your EXIF is intact before you send anything.
09-20-2017, 04:17 PM   #6
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QuoteOriginally posted by Mattox Quote
The company wants me to give them a stock proposal before we go ahead with the collaboration.
The key is in the term "stock". That usually means generic content to be used for a single purchase price. Licensing falls into two broad categories:The former is most favorable to the buyer, but is never exclusive. The latter may be exclusive or non-exclusive and is less favorable to the buyer. I have been approached several times for publication use of my images, but without a successful sale due to my preference for closely managed rights for limited use on a non-exclusive basis.


Steve
09-20-2017, 04:34 PM   #7
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Whether a photograph is considered "stock" or "generic" has zero bearing on the terms of licensing arrangements, exclusivity, variable fee schedules, fee elevators, etc. etc.

Try "buying" an image from Getty and reusing it for another purpose, and you will get a quick and very painful legal lesson in restrictive licensing for stock photography.

QuoteOriginally posted by stevebrot Quote
The key is in the term "stock". That usually means generic content to be used for a single purchase price. Licensing falls into two broad categories:The former is most favorable to the buyer, but is never exclusive. The latter may be exclusive or non-exclusive and is less favorable to the buyer. I have been approached several times for publication use of my images, but without a successful sale due to my preference for closely managed rights for limited use on a non-exclusive basis.


Steve
09-20-2017, 05:07 PM   #8
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Thanks all for the excellent tutorial that fits my similar situation as well.

09-21-2017, 09:49 AM   #9
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I have decided with the client to not give them my RAW as the image as is in jpeg has been pretayled by me the way I think it should be shown. I just don't want to get pushy with them too much as it is an excellent opportunity for me, seeing the company is on such a large global scale. Loyalities for stock? They haven't brought that up yet. I I have done is them them a low resolution image to see if it sits in with there needs.

For those who are interested anyway, this is the image proposed:

MATT BISHOP PHOTOGRAPHY | Italy
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