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08-19-2019, 07:55 AM   #1
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Selling a digital photograph

Good morning,

I've never dwelled in this area of the forums, as I am a hobbyist.

However, today I received the following message on my Flickr:

Hello! Would be interested in speaking to you about permissions to use your Kosciuszko Bridge photo. We are a bridge firm and would want a price to use potentially in our annual calendar of projects (with credit given) and in our other project-related documents (the photos our team has provided to us stink!!) You can reach me at [email address]

Now - I checked the email address, and indeed it is from a person within the bridge/construction business.

I am not trying to "make it" or anything like that - I am actually excited anyone would liek to use my photo.

What should I ask - what type of permission they seek, do they want ownership and such....

Based on answers what is a "price" that would be fair to ask?

thanks

08-19-2019, 08:25 AM - 2 Likes   #2
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QuoteOriginally posted by edom31 Quote
What should I ask - what type of permission they seek, do they want ownership and such....
First off, congrats. It is a thrill when someone wants to use your photo AND asks for it first. This is an open ended question. There are too many factors and variations to consider before naming a price. One thing you never want to do is to give up ownership of the image. There are limited and unlimited usage rights you have to consider. How many places they are going to use it beyond the initial intended use is another consideration. I have not looked but I am sure there are online guides that can give you pricing advice.
If I was pressed and had to name a price off-the-cuff, I would say $100-150. I would be curious to see what others suggest as a price for this particular usage.
08-19-2019, 08:46 AM - 1 Like   #3
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QuoteOriginally posted by btnapa Quote
First off, congrats. It is a thrill when someone wants to use your photo AND asks for it first. This is an open ended question. There are too many factors and variations to consider before naming a price. One thing you never want to do is to give up ownership of the image. There are limited and unlimited usage rights you have to consider. How many places they are going to use it beyond the initial intended use is another consideration. I have not looked but I am sure there are online guides that can give you pricing advice.If I was pressed and had to name a price off-the-cuff, I would say $100-150. I would be curious to see what others suggest as a price for this particular usage.
Thanks for your suggestion.

I am also reading around - I'd be specific as to permissions for X or Y use (in this case for a calendar and a brochure).

I am asking them about what media (print vs digital) they intend to use - is that going too far on my end?
08-19-2019, 09:23 AM - 1 Like   #4
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QuoteOriginally posted by edom31 Quote
is that going too far on my end?
If they perceive you as a pro, the answer is no. A pro photographer would send a very detailed request asking lots of questions about usage type, medium, circulation, etc. Then again, if they think you are an amateur, they may be annoyed by "too many questions." Make it simple both in questions and in amount you charge.

08-19-2019, 09:52 AM - 1 Like   #5
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Ask if they want exclusive, unlimited rights to reproduce and if so, ask a lot more than the 150-200. If you retain rights to the image or they want it only for online ads and such, you can give them a deal. Also make sure they give credit!
08-19-2019, 10:02 AM   #6
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QuoteOriginally posted by SSGGeezer Quote
Ask if they want exclusive, unlimited rights to reproduce and if so, ask a lot more than the 150-200. If you retain rights to the image or they want it only for online ads and such, you can give them a deal. Also make sure they give credit!
They do not seek ownership - I would draft the license (very likely) and I would retain the rights to the image. They want the permission statement to say "for marketing purposes w appropriate credit"


On follow up they want to use it:
1. for a printed calendar

2. for a project profile sheet (print them as the company needs them) to be included in proposals and presentations.
3. their web site

Credit will be given (they stress this in many places).
08-19-2019, 10:03 AM - 2 Likes   #7
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Something else to consider, go ahead and explicitly do a copyright registration. Even though it is copyrighted by the act of taking it, you have greater rights and remedies for unauthorized use if it's actually registered.
08-19-2019, 10:17 AM - 1 Like   #8
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We don't get to see the image. Wich is a shame, because we can't see how unique it is. Or is it easy to ask a photographer to make a like wise image for them?

How much to charge? I assume you have a high quality image that can do all things. That it would be a job to do for having a good image like yours. That a photographer would have to travel to the bridge to do such a job. That the company is actually selling stuff - bridges (like in expensive bridges). That you don't want to talk about the image all time.

I would say for a normal image maybe the named 100-150 usd is right. For selling them an endless right to use the image for their own purpose when it is a really unique image I would say 500 usd isn't to much.

08-19-2019, 10:39 AM - 1 Like   #9
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I would think about 350 if they are going to use it on their site in perpetuity, as well as print on demand. Ask for more and accept whatever you are comfortable with. At least they are willing to pay in something other than "exposure!"
08-19-2019, 11:16 AM   #10
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QuoteOriginally posted by RonHendriks1966 Quote
We don't get to see the image. Wich is a shame, because we can't see how unique it is. Or is it easy to ask a photographer to make a like wise image for them?How much to charge? I assume you have a high quality image that can do all things. That it would be a job to do for having a good image like yours. That a photographer would have to travel to the bridge to do such a job. That the company is actually selling stuff - bridges (like in expensive bridges). That you don't want to talk about the image all time.I would say for a normal image maybe the named 100-150 usd is right. For selling them an endless right to use the image for their own purpose when it is a really unique image I would say 500 usd isn't to much.
The shot was previously shared in the "Bridges" thread - Lets see Bridges - Page 111 - PentaxForums.com

It is sort of unique for them, as it shows the development/constructions (see the machinery)


Can it be replicated? Maybe, but the Bridge is in a diffrent phase of construction right now. Also, the site from which I took the shots is kinda off the beaten path (for NYC).

Thanks for your thoughts... all of you are giving me a good ballpark figure - I do not want to be too aggressive either, as I actually want them to use it with my credit
08-19-2019, 01:26 PM - 1 Like   #11
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QuoteOriginally posted by edom31 Quote
i do not want to be too aggressive either, as i actually want them to use it with my credit
amen!!!
08-19-2019, 03:33 PM - 1 Like   #12
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First off I’d like to say congratulations I also sold a photo via Flickr. It was used in a children’s book. They paid me $150 plus a copy of the book. It was pretty cool as I am also a hobbyist. I was also asked by a government agency if they could use one of my photos on their web page. This also came via Flickr and I allowed them to use it for free so long as I received credit for the photo and it wasn’t used in advertising or to make a profit.
08-19-2019, 04:09 PM - 1 Like   #13
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QuoteOriginally posted by edom31 Quote
Good morning,

I've never dwelled in this area of the forums, as I am a hobbyist.

However, today I received the following message on my Flickr:

Hello! Would be interested in speaking to you about permissions to use your Kosciuszko Bridge photo. We are a bridge firm and would want a price to use potentially in our annual calendar of projects (with credit given) and in our other project-related documents (the photos our team has provided to us stink!!) You can reach me at [email address]

Now - I checked the email address, and indeed it is from a person within the bridge/construction business.

I am not trying to "make it" or anything like that - I am actually excited anyone would liek to use my photo.

What should I ask - what type of permission they seek, do they want ownership and such....

Based on answers what is a "price" that would be fair to ask?

thanks
The real answer is: Considering that they may use your image in a calendar or not, how important is it for you to be featured in their calendar? What's their budget for the calendar? If you ask $100-150 that would not, at first glance, seem like much. I think your best bet is to ask them if they had a figure in mind. They may surprise you with a nice high figure, or they may give you a really low figure.

As to use rights, I would stipulate that permission is given for use of the image for the calendar and for use on their website and/or printed material. That does not infer ownership of the image.
08-19-2019, 04:50 PM - 2 Likes   #14
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Great bridge photos in your link and congratulations on the contact for usage.
I think ASMP and APA still have basic right contract templates on their websites.
Definitely give @OldPentaxFan's suggestion of following through with registered copyright some thought before you release anything.
I just finished reading over a contract for photo usage in a "to be published" book and was surprised by the lack of clarified detail the non exclusive, limited rights given were truly explained.
Too often people are more concerned with a price than clarity on rights and how photo is to be used.
Thoughts and questions to ask:
1: How and where are calendars to be distributed and what is the intent of calendar? What size image is to be used and where is your image to be placed?
Not that this is a huge item or publication but you could agree on the amount calendars to be published or a date that rights for such use expire (ex 2yrs)
2: Company project sheets? Are they the firm that was doing the construction at the time of the photo? (for internal use only or to be distributed outside the company? If they are distributing outside the company the thought might be it has more value.)
Again not really a big issue but it might help you decide how many copies are realistically going to be produced. Since your photo is unique you might clarify a time frame for renegotiation.
3: Website = Global distribution (which really equals) how many people are actually going to visit the website - architecture or bridge related companies and individuals will bring that down a lot as well as geographics.
Again, you could always set a time frame to be renegotiated at a later date.

Basic questions but it might give you an idea of how you want to set up the rights so you are free to work with and distribute your photo in the future.
You might also want to clarify if they can manipulate the photo in any way and if so by what means (crop, resolution, etc.) I've seen many a good photograph printed on a brochure with such a low resolution that the photographer was embarrassed and said photo was now going to be a hinderance to their portfolio.
I'd also consider if the contract should state that you have ongoing rights to distribute, sell, manipulate or any other use of your photograph during and after the contract.

It sounds like you are being approached by a company that values the contributions of the artist. My approach?, spend time with them (in person or online) to try and work out what would show them and you in the best light the same as if you were a freelance contractor for them (it sounds like they are proud of their company image and respect your product too, plus it might open a door), then negotiate a price from there after all other items have been addressed. (Some companies do just want a set price but many are happy to work with someone who is wanting to take ownership in the final product.)
I find most companies now are looking for either a one time renewable contract or perpetual usage rights. I try to avoid signing over anything that has value to me for perpetual usage even with limited rights (but if the price was right - who knows).
I personally also tend to give better prices or terms for companies or individuals who get permissions first. Supporting this trend helps the photographic/artistic communities a long way.
08-19-2019, 06:17 PM - 6 Likes   #15
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Thank you all - @pcrichmond - many thanks for your detailed response - this is great info not only for me but for other hobbyist who hopefully get to experience what I did today at least once... This was a great feeling.

I am glad to say that we reached an agreement. It surprised me that they did not flinch at the quote and just said yes. I reckon I should've done/asked more maybe? Well, at the end of the day, I am happy that the photo will be used.

The agreement is basically perpetual use for $350 (one calendar and use on website and proposals to clients) - the client is an engineering firm with over 100 years of existence. They very probably got a bargain here, but again I wasn't looking to sell anything. I believe that the good karma I employed in getting this done, and the good communication employed will lead to other good things in life in general (not necessarily photography-related). I will provide them with .jpg and .tiff 360 dpi versions (sRGB).

I drafted a license agreement as follows (excluding our names as it is not necesary to provide this here)
--------------
Identifying information:
Photograph of the Kosciuszko Bridge at night taken with a Pentax K-50 dSLR and a SMC Takumar 35mm/3.5 lens mounted on tripod triggered by infrared. ISO 100 | f8 | 8-second exposure. Photograph taken at 11:15pm on 10/31/18. Photograph depicts the colors of the Bridge created by lights, in this instance red/purple/white. Foreground and background construction equipment and cranes are perceived. X-Resolution = 360 dpi | Y-Resolution = 360 dpi. Dimensions = 4626 x 3064. Color Profile/Space sRGB.

Agreement:
The photographer grants the licensee the non-exclusive, non-transferable and non-assignable use of “Kosciuszko Bridge at Night” (the image described above) for the period of perpetuity for the purposes of:
1. Potential annual calendar (2020) - printed
2. Project profile sheet – printed (to be produced/printed as necessary by licensee – to be included in proposals/presentations).
3. Licensee’s website (digital media)
The uses described above are for marketing purposes. Appropriate credit shall be given to the photographer. At least one sample of the calendar shall be mailed to the photographer.

Payment:
The amount of $350.00, is to be paid immediately upon receipt of the image.

Provisions:
The photographer retains all copyrights attached to this image as well as any other rights which may not be detailed in this agreement.
Credit/Acknowledgement of the photographer's name [] must be given when the image is published, either with a picture credit, caption or a link/acknowledgement in the publication if the image is used for editorial purposes (newspapers, magazines, newsletters, web or print publications, etc...).
Selling and/or redistribution of this image is forbidden.
Licensee is allowed to crop and/or electronically alter the image to suit their purposes for the usage stated above.

Indemnity:
The Licensee indemnifies and holds harmless [me] against all claims, liability, damages, costs and expenses stemming from a breach of this agreement, the use of the image, your failure to abide by any restriction regarding the use of an image, or any claim by a third party related to the use of the image.

Warranty and Liability:
This image is provided "as is" with no warranty regarding the suitability of the image for any purpose. The artist is not liable to the client or any person or entity for damages, costs or losses stemming from any usage of this image.
------------------

Again thank you all - I hope I did not embarrass or put down any professionals here by what I bargained for. It was a great learning experience, a fun and nervous day. I honestly hope I get to experience this again somehow!!!

Overall I'm thrilled!
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