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|| SportsShooter.com: Member Message Board
Pricing for commercial use
Max Gersh, Student/Intern, Photo Editor
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St. Louis | MO | USA | Posted: 12:09 PM on 12.10.07 |
->> I have two separate incidents that happened within the same week that I have never encountered before. I would like some input from people who have experience selling their images commercially.
#1 - The marketing department at my school wants to use one of my images on a postcard for undergrad admissions. I assume this means a postcard they will send nationwide to potential students. I was under the impression that they wanted the image for free. I replied that it is common practice to pay for images and asked if they had a budget. They told me they did and wanted to know how much I charge. This is where I ran into a road block. I have no idea what to charge the marketing department of my own school. Also, do I sell it per press run? There will potentially be thousands of these postcards printed. What is a good number to throw out?
#2 - I was recently informed that a relativly high profile performer was using my image on his website without my permission. It was clearly swiped from our newspapers website. There isn't even a credit line. While I could send a threatening letter and get him to remove it, I think I would rather send a polite one requesting payment. But again, I have no idea on what to quote him.
Any advice would be appreciated.
-Max Gersh- |
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Rick Rowell, Photographer, Photo Editor
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Vista | CA | USA | Posted: 12:18 PM on 12.10.07 |
| ->> Max, go to fotoquote.com This is some of the best software available. It will cost you some money, but it will be worth it in the long run. Good luck, Rick. |
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Erik Anderson, Photographer
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Kansas City | MO | | Posted: 12:56 PM on 12.10.07 |
| ->> A second vote for Fotoquote. Use it for both #1 and #2. In case #2, I'd send a nice letter saying how thrilled you are that they chose your photo to feature on the website.....and attach an invoice. |
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Eric S. Swist, Photographer
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Dubai | UAE | Middle East | Posted: 1:00 PM on 12.10.07 |
->> Hi Max:
#1 - Ask for a couple of figures from the in order to accurately calculate the appropriate amount. Proposed circulation (print) number, image size.
Negotiate the price for a one-year license. Always put a time-limit on how long they can use the image for.
Then I recommend using fotoquote as Rick suggested to calculate the appropriate number.
#2 - I would suggest sending a letter requesting that the image be taken down immediately. Then state that you are willing to "license" the image for use on the site. Again, I recommend fotoquote for calculating the appropriate amount. Be sure to send both an email and snail mail letter (registered mail).
Hope that helps. |
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Dave Prelosky, Photographer
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Lower Burrell | Pa | US | Posted: 1:25 PM on 12.10.07 |
| ->> Before anyone else asks, have you filed the Copyright paperwork? Make sure you can verify your ownership before you need to. |
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Clark Brooks, Photo Editor, Photographer
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Urbana | IL | USA | Posted: 1:33 PM on 12.10.07 |
->> On item #1.
You may be jumping the gun, Max. Do you or the university have a model release for anyone identifiable in the photo? The question of price is may be moot without all the needed releases. |
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Max Gersh, Student/Intern, Photo Editor
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St. Louis | MO | USA | Posted: 1:49 PM on 12.10.07 |
->> Clark,
I wasn't sure about that. I was THE ONLY credentialed photographer at the event, which is why they really want the image from me. I shot it for editorial purposes so it wasn't required for me. The school had a contract with the performer and it is the school wanting to buy the image. I figured at this point it was their responsibility to provide the release information or the punishment would fall in their laps. Obviously I am new to this and I could very well be wrong.
Dave,
I have not yet filed copyright paperwork. I do however have the original RAW files with my cameras unique Meta tag embedded. I know that the best way to prove ownership in a case is with copyright registration but my media law professor told me it is not the only way.
Thanks a lot. Keep the information going.
I understand that some pricing information is better left off of the public forum. If anyone has information to share but doesn't feel comfortable publishing it on this board, please email me.
msgersh@gmai.com
-Max Gersh- |
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Alicia Wagner Calzada, Photographer
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Eric Francis, Photographer
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Omaha | NE | United States | Posted: 2:25 PM on 12.10.07 |
->> Max,
On #2 I think you have the right idea. If you send a threatening letter and demand they take it down, they will do just that. If you send them an invoice, for a reasonable amount, and a nice letter you will most likely get paid. Tell them you appreciate their enthusiasm for wanting use the image but that you just like to complete the transaction. Most likely their legal will decide it is much easier to pay you a 'small' amount now than potentially more later.
Make it a reasonable amount and consider it an early xmas gift.hoto |
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Clark Brooks, Photo Editor, Photographer
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Urbana | IL | USA | Posted: 5:51 PM on 12.10.07 |
->> Max:
If the expectation is for the client to obtain the model release then you will need to see a lawyer to help properly word your delivery memo so that it is both clear and airtight that it is the client's responsibility to obtain all necessary releases PRIOR to use or publication as well they will pay for all legal costs in defending any claim against you in the advent they did not get the releases signed by those pictured. The University will not likely agree to this, but this what is required in this instance if you want to CYA.
I'm not a lawyer, but I believe that unless you yourself have obtain a release (which you can then increase the licensing fee substantially if you can obtain it) the subject from the photo can files a suit against not only the University and YOU also for misappropriation. W
Without a signed contractual agreement or delivery memo, your exposure is equal to that of school's. While it won't keep you from being sued, the University, because of the contractual obligation they signed with you, will be responsible for defending you against any claims from their irresponsible usage. |
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Jock Fistick, Photographer
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Brussels | Belgium | | Posted: 6:07 PM on 12.10.07 |
->> Max - you wrote:
"I know that the best way to prove ownership in a case is with copyright registration but my media law professor told me it is not the only way."
It is true that you may be able to easily prove authorship of the image without registration - but the most important aspect of copyright registration is that you can receive punitive damages and the meter starts at 150k per infringement. Without registration you can only recover the actual value of the infringed use. So the cost of any legal action (if it were to come to that) would far surpass any amount you might receive from the guilty party for the infringement - which means your only recourse is writing a letter and hope that they do the right thing - either paying you a fair price for the use or stop using the image. |
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