I just got a request from a book publisher

**Larrymc** · 10-08-2020, 11:39 AM - **2 Likes**

Hi Folks,

I just got a request from a book publisher regarding one of my photos from 2016 that I posted on Flickr. Apparently they want to use the photo in a book to be published about the region where the photo was taken. How are things like this customarily handled?

Larry

**jatrax** · 10-08-2020, 12:10 PM

Congrats! Usually they will have a license contract to sign, unless you have one. Price will be negotiated. Have they mentioned money yet, or are they just asking if the image is available?

3by2 · 10-08-2020, 12:18 PM

Just be sure it's genuine. I've had one 'commercial offer' email with 3 numbers to call, no real detail, nothing I could look up, so almost certainly a scam. If it isn't a scam, well done and good luck.

**Larrymc** · 10-08-2020, 04:27 PM - **4 Likes**

Originally posted by jatrax

Congrats! Usually they will have a license contract to sign, unless you have one. Price will be negotiated. Have they mentioned money yet, or are they just asking if the image is available?

Thanks, we have worked out compensation, I'm not looking to make a "killing" off the photo my concern will be that I don't give up any rights to my image. My name will be included in the book's credits and honestly that and the compensation works for me.

Larry

**c.a.m** · 10-08-2020, 04:30 PM

Originally posted by Larrymc

Thanks, we have worked out compensation, I'm not looking to make a "killing" off the photo my concern will be that I don't give up any rights to my image. My name will be included in the book's credits and honestly that and the compensation works for me.

Excellent. Congrats! A nice surprise, I'm sure.

- Craig

**Larrymc** · 10-08-2020, 04:44 PM - **1 Like**

Originally posted by 3by2

Just be sure it's genuine. I've had one 'commercial offer' email with 3 numbers to call, no real detail, nothing I could look up, so almost certainly a scam. If it isn't a scam, well done and good luck.

I'm pretty sure its legit, I've checked them out and I'm satisfied that it is.

Larry

**Larrymc** · 10-08-2020, 04:49 PM

Originally posted by c.a.m

Excellent. Congrats! A nice surprise, I'm sure.

- Craig

Thanks, very much a surprise as this was a 2016 photo that has been up on Flickr since June of 2016. The photo editor was looking for photos of a specific area of the country and searched Flickr.

Larry

**jatrax** · 10-08-2020, 05:10 PM

Originally posted by Larrymc

Thanks, we have worked out compensation, I'm not looking to make a "killing" off the photo my concern will be that I don't give up any rights to my image. My name will be included in the book's credits and honestly that and the compensation works for me.

I don't think anybody makes a 'killing' any more.

I've got book covers that I didn't get $50 for. As long as you are happy that's all that matters. You should check the contract, they may want exclusive rights to the image for some period of time. That's customary. Or they may not care.

MarkJerling · 10-08-2020, 05:16 PM

Originally posted by Larrymc

Thanks, we have worked out compensation, I'm not looking to make a "killing" off the photo my concern will be that I don't give up any rights to my image. My name will be included in the book's credits and honestly that and the compensation works for me.

Larry

Generally, your copyright remains your copyright. All you're "selling", is the right for them to use your photo. Unless, of course, you explicitly sign something that says something entirely different. In which case I'd advise "Don't".

Kiwizinho · 10-08-2020, 05:33 PM

Originally posted by Larrymc

Hi Folks,

I just got a request from a book publisher regarding one of my photos from 2016 that I posted on Flickr. Apparently they want to use the photo in a book to be published about the region where the photo was taken. How are things like this customarily handled?

Larry

Congratulations. I've been in the same situation. Make sure you negotiate a licensing agreement where you retain copyright, and the book publisher simply purchases a license to use for the purposes of their book.
Reputable writers should understand copyright and royalties, as that's how they make their money too, however writers don't always have a lot to spend as Amazon and e-books have done for writers what the proliferation of micro-stock websites and the likes of Unsplash have done to photographers.

In my case I negotiated a price with the author, taking into the account the size they wanted to print the image on their book, and expected distribution, after taking a look at a few premium stock photography sites (as opposed to the budget ones) to get an idea of fair pricing and terms of use. I actually found there was some level of consistency in pricing across a variety of more specialist stock photography sites .

PDL · 10-08-2020, 05:43 PM

What you are getting them to agree to is a license to use your image. You control the limits as to what they can do with it and for how long.

I have made up a few license's for the non-profit groups I shot for (the virus has shut everything down and my non-profit work is --- gone).

They include words such that I own to Copyright and I am not giving it up.
The end user can use the images I provide to promote their organization and put them on their web site(s), brochures, publications and posters but they can not sell the image to any third parties. In all instances I request that my name be displayed as the creator of the image.

As these groups are non-profits, I do not charge them anything ---- Yeah I am one of THOSE guys.

I suggest that you go out and do a little look see about photo licensing terms and conditions. There is quite a lot out there.
I have not put a time limit on any of my images, but that may depend on your situation.

**UncleVanya** · 10-08-2020, 10:14 PM

Originally posted by PDL

What you are getting them to agree to is a license to use your image. You control the limits as to what they can do with it and for how long.

I have made up a few license's for the non-profit groups I shot for (the virus has shut everything down and my non-profit work is --- gone).

They include words such that I own to Copyright and I am not giving it up.
The end user can use the images I provide to promote their organization and put them on their web site(s), brochures, publications and posters but they can not sell the image to any third parties. In all instances I request that my name be displayed as the creator of the image.

As these groups are non-profits, I do not charge them anything ---- Yeah I am one of THOSE guys.

I suggest that you go out and do a little look see about photo licensing terms and conditions. There is quite a lot out there.
I have not put a time limit on any of my images, but that may depend on your situation.

There's nothing wrong with donating your skills and fees. If you believe in the causes. You should be clear it's a donation and that it has a value so they don't undervalue it in the future.

PDL · 10-08-2020, 10:38 PM - **1 Like**

Each of the non-profits I shot for received biannual itemized reports showing my efforts. I did put a dollar value on total hours shooting, processing, storing along with a flat cost per image delivered. I researched what "pros" cost in the area and based my rate on what I could find out. I gave them a large discount (60%) and summed up the totals and emailed it in.

The directors of "giving" used my numbers as "in kind" donations. Those numbers, while showing up on various institutional lists, as a monetary amount are not applicable to my income tax burden. So - the non-profits get a small tax claim, I get none. My efforts were explicitly listed as donations.

**UncleVanya** · 10-08-2020, 11:58 PM

Originally posted by PDL

Each of the non-profits I shot for received biannual itemized reports showing my efforts. I did put a dollar value on total hours shooting, processing, storing along with a flat cost per image delivered. I researched what "pros" cost in the area and based my rate on what I could find out. I gave them a large discount (60%) and summed up the totals and emailed it in.

The directors of "giving" used my numbers as "in kind" donations. Those numbers, while showing up on various institutional lists, as a monetary amount are not applicable to my income tax burden. So - the non-profits get a small tax claim, I get none. My efforts were explicitly listed as donations.

Smart and kind of you.

Unregistered User · 10-09-2020, 02:46 AM

The magic phrase is, "nonexclusive license". When you convey an exclusive license, that means that the deal excludes YOU, as well as the rest of the world.

My first thought as to payment, viewed from the context of my own situation, would be to ask them for good attribution, rather than money, some blurb adjacent to the picture telling who took the picture and listing some contact information in conspicuous text.

A license agreement for that purpose could be done in one paragraph - be suspicious of anything over one page - and if you have a friend who's an attorney, or even if you have to hire one, get them to read over the agreement before you sign anything and have them explain anything in it that you don't understand, and more importantly, the stuff that looks like it's English but is really "Legalese" because that's the stuff that will bite you - it is written in such a way that you think you understand it, but since you don't know the law that applies to that language, it doesn't mean what it says it means. Sort of like when a judge "interprets" a statute.

10-08-2020, 11:39 AM - 2 Likes	#1
Larrymc Site Supporter Join Date: Jun 2014 Location: Mississippi, USA Posts: 5,251	I just got a request from a book publisher Hi Folks, I just got a request from a book publisher regarding one of my photos from 2016 that I posted on Flickr. Apparently they want to use the photo in a book to be published about the region where the photo was taken. How are things like this customarily handled? Larry

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10-08-2020, 12:10 PM	#2
jatrax Site Supporter Join Date: May 2010 Location: Washington Cascades Photos: Gallery \| Albums Posts: 12,991	Congrats! Usually they will have a license contract to sign, unless you have one. Price will be negotiated. Have they mentioned money yet, or are they just asking if the image is available?

10-08-2020, 12:18 PM	#3
3by2 Closed Account Join Date: Feb 2019 Photos: Gallery \| Albums Posts: 819	Just be sure it's genuine. I've had one 'commercial offer' email with 3 numbers to call, no real detail, nothing I could look up, so almost certainly a scam. If it isn't a scam, well done and good luck.

10-08-2020, 04:27 PM - 4 Likes	#4
Larrymc Site Supporter Join Date: Jun 2014 Location: Mississippi, USA Posts: 5,251 Original Poster	Originally posted by jatrax Congrats! Usually they will have a license contract to sign, unless you have one. Price will be negotiated. Have they mentioned money yet, or are they just asking if the image is available? Thanks, we have worked out compensation, I'm not looking to make a "killing" off the photo my concern will be that I don't give up any rights to my image. My name will be included in the book's credits and honestly that and the compensation works for me. Larry

10-08-2020, 04:30 PM	#5
c.a.m Site Supporter Join Date: Jan 2013 Location: Ottawa, Canada Photos: Gallery \| Albums Posts: 4,188	Originally posted by Larrymc Thanks, we have worked out compensation, I'm not looking to make a "killing" off the photo my concern will be that I don't give up any rights to my image. My name will be included in the book's credits and honestly that and the compensation works for me. Excellent. Congrats! A nice surprise, I'm sure. - Craig

10-08-2020, 04:44 PM - 1 Like	#6
Larrymc Site Supporter Join Date: Jun 2014 Location: Mississippi, USA Posts: 5,251 Original Poster	Originally posted by 3by2 Just be sure it's genuine. I've had one 'commercial offer' email with 3 numbers to call, no real detail, nothing I could look up, so almost certainly a scam. If it isn't a scam, well done and good luck. I'm pretty sure its legit, I've checked them out and I'm satisfied that it is. Larry

10-08-2020, 04:49 PM	#7
Larrymc Site Supporter Join Date: Jun 2014 Location: Mississippi, USA Posts: 5,251 Original Poster	Originally posted by c.a.m Excellent. Congrats! A nice surprise, I'm sure. - Craig Thanks, very much a surprise as this was a 2016 photo that has been up on Flickr since June of 2016. The photo editor was looking for photos of a specific area of the country and searched Flickr. Larry

10-08-2020, 05:10 PM	#8
jatrax Site Supporter Join Date: May 2010 Location: Washington Cascades Photos: Gallery \| Albums Posts: 12,991	Originally posted by Larrymc Thanks, we have worked out compensation, I'm not looking to make a "killing" off the photo my concern will be that I don't give up any rights to my image. My name will be included in the book's credits and honestly that and the compensation works for me. I don't think anybody makes a 'killing' any more. I've got book covers that I didn't get $50 for. As long as you are happy that's all that matters. You should check the contract, they may want exclusive rights to the image for some period of time. That's customary. Or they may not care.

10-08-2020, 05:16 PM	#9
MarkJerling Moderator Site Supporter Join Date: May 2012 Location: Wairarapa, New Zealand Photos: Gallery \| Albums Posts: 20,404	Originally posted by Larrymc Thanks, we have worked out compensation, I'm not looking to make a "killing" off the photo my concern will be that I don't give up any rights to my image. My name will be included in the book's credits and honestly that and the compensation works for me. Larry Generally, your copyright remains your copyright. All you're "selling", is the right for them to use your photo. Unless, of course, you explicitly sign something that says something entirely different. In which case I'd advise "Don't".

10-08-2020, 05:33 PM	#10
Kiwizinho Pentaxian Join Date: Dec 2012 Location: Blenheim Photos: Gallery Posts: 1,290	Originally posted by Larrymc Hi Folks, I just got a request from a book publisher regarding one of my photos from 2016 that I posted on Flickr. Apparently they want to use the photo in a book to be published about the region where the photo was taken. How are things like this customarily handled? Larry Congratulations. I've been in the same situation. Make sure you negotiate a licensing agreement where you retain copyright, and the book publisher simply purchases a license to use for the purposes of their book. Reputable writers should understand copyright and royalties, as that's how they make their money too, however writers don't always have a lot to spend as Amazon and e-books have done for writers what the proliferation of micro-stock websites and the likes of Unsplash have done to photographers. In my case I negotiated a price with the author, taking into the account the size they wanted to print the image on their book, and expected distribution, after taking a look at a few premium stock photography sites (as opposed to the budget ones) to get an idea of fair pricing and terms of use. I actually found there was some level of consistency in pricing across a variety of more specialist stock photography sites .

10-08-2020, 05:43 PM	#11
PDL Pentaxian Join Date: Oct 2006 Location: PNW USA Photos: Gallery Posts: 2,127	What you are getting them to agree to is a license to use your image. You control the limits as to what they can do with it and for how long. I have made up a few license's for the non-profit groups I shot for (the virus has shut everything down and my non-profit work is --- gone). They include words such that I own to Copyright and I am not giving it up. The end user can use the images I provide to promote their organization and put them on their web site(s), brochures, publications and posters but they can not sell the image to any third parties. In all instances I request that my name be displayed as the creator of the image. As these groups are non-profits, I do not charge them anything ---- Yeah I am one of THOSE guys. I suggest that you go out and do a little look see about photo licensing terms and conditions. There is quite a lot out there. I have not put a time limit on any of my images, but that may depend on your situation.

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10-08-2020, 10:14 PM	#12
UncleVanya Loyal Site Supporter Join Date: Jul 2014 Photos: Gallery \| Albums Posts: 28,398	Originally posted by PDL What you are getting them to agree to is a license to use your image. You control the limits as to what they can do with it and for how long. I have made up a few license's for the non-profit groups I shot for (the virus has shut everything down and my non-profit work is --- gone). They include words such that I own to Copyright and I am not giving it up. The end user can use the images I provide to promote their organization and put them on their web site(s), brochures, publications and posters but they can not sell the image to any third parties. In all instances I request that my name be displayed as the creator of the image. As these groups are non-profits, I do not charge them anything ---- Yeah I am one of THOSE guys. I suggest that you go out and do a little look see about photo licensing terms and conditions. There is quite a lot out there. I have not put a time limit on any of my images, but that may depend on your situation. There's nothing wrong with donating your skills and fees. If you believe in the causes. You should be clear it's a donation and that it has a value so they don't undervalue it in the future.

10-08-2020, 10:38 PM - 1 Like	#13
PDL Pentaxian Join Date: Oct 2006 Location: PNW USA Photos: Gallery Posts: 2,127	Each of the non-profits I shot for received biannual itemized reports showing my efforts. I did put a dollar value on total hours shooting, processing, storing along with a flat cost per image delivered. I researched what "pros" cost in the area and based my rate on what I could find out. I gave them a large discount (60%) and summed up the totals and emailed it in. The directors of "giving" used my numbers as "in kind" donations. Those numbers, while showing up on various institutional lists, as a monetary amount are not applicable to my income tax burden. So - the non-profits get a small tax claim, I get none. My efforts were explicitly listed as donations.

10-08-2020, 11:58 PM	#14
UncleVanya Loyal Site Supporter Join Date: Jul 2014 Photos: Gallery \| Albums Posts: 28,398	Originally posted by PDL Each of the non-profits I shot for received biannual itemized reports showing my efforts. I did put a dollar value on total hours shooting, processing, storing along with a flat cost per image delivered. I researched what "pros" cost in the area and based my rate on what I could find out. I gave them a large discount (60%) and summed up the totals and emailed it in. The directors of "giving" used my numbers as "in kind" donations. Those numbers, while showing up on various institutional lists, as a monetary amount are not applicable to my income tax burden. So - the non-profits get a small tax claim, I get none. My efforts were explicitly listed as donations. Smart and kind of you.

10-09-2020, 02:46 AM	#15
Unregistered User Guest	The magic phrase is, "nonexclusive license". When you convey an exclusive license, that means that the deal excludes YOU, as well as the rest of the world. My first thought as to payment, viewed from the context of my own situation, would be to ask them for good attribution, rather than money, some blurb adjacent to the picture telling who took the picture and listing some contact information in conspicuous text. A license agreement for that purpose could be done in one paragraph - be suspicious of anything over one page - and if you have a friend who's an attorney, or even if you have to hire one, get them to read over the agreement before you sign anything and have them explain anything in it that you don't understand, and more importantly, the stuff that looks like it's English but is really "Legalese" because that's the stuff that will bite you - it is written in such a way that you think you understand it, but since you don't know the law that applies to that language, it doesn't mean what it says it means. Sort of like when a judge "interprets" a statute.