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SportsShooter.com: Member Message Board

Image pricing question
Greg Southam, Photographer
Edmonton | AB | Canada | Posted: 2:15 PM on 09.23.10
->> Our newspaper has been asked to provide a quote for an image that I took during a seven-month project in 2003. The request has come from the FDA to use one of these images as a warning label on cigarette packaging in the States. They have requested the right to the image for 10 years and possibly "into perpetuity."

Our librarians have used FotoQuote to determine the pricing but have been unable to find anything similar to this in their guide. I realize that this is an unusual request, but I am just wondering if anyone has ever had to deal with something like this.

For those interested in a little background on the project and to see the images the FDA is interested in using, please look at number eight and nine on my member page. Thanks in advance for any help or advise you might be able to offer.
http://www.sportsshooter.com/members.html?id=1844
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Jim Colburn, Photo Editor, Photographer
McAllen | TX | USA | Posted: 2:29 PM on 09.23.10
->> Doesn't Fotoquote have a listing for retail packaging and wouldn't that cover it? You'd probably have to add on some percentage for the "into perpetuity" part.
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David Ahntholz, Photographer, Photo Editor
Irvine | CA | USA | Posted: 3:54 PM on 09.23.10
->> Don't forget the need for a model release from her family.
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Greg Southam, Photographer
Edmonton | AB | Canada | Posted: 11:24 PM on 09.23.10
->> Thanks Jim I will check that out, and David thanks for your help, Barb's family has agreed to sign a release.
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Nina Zhito, Photographer
bay area | CA | | Posted: 12:37 AM on 10.08.10
->> I may be mistaken, but doesn't the original editorial intent preclude the subsequent acquisition and use of this image for advertorial purposes?
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Tom Ewart, Photographer
Bentonville | AR | USA | Posted: 7:08 AM on 10.08.10
->> Nina,

Say what? That's like saying a photo taken for a local newspaper shouldn't ever be used for a wire service... because it's intent was to be put in the local paper.

This issue is if Greg has the right from his employer to cash in on this deal. It should be worth quite a bit, but he is up against is do they need that image or could they hire another person to recreate something similar or maybe they need that element of truth/reality to sell this concept. There would be a strong argument that they need this image. The number of times the image would be used would in the huge. The internet says that there are about 30 Billion packs of cigs sold each year and with price in the range of $5.

Think if you just make it a penny a pack or even 1/10 of a penny a pack per year.
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Louis Lopez, Photographer
Fontana | CA | USA | Posted: 3:11 AM on 10.12.10
->> I hope they use #9 for the packaging. Gotta shock some fools that would take up smoking.
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Thread Title: Image pricing question
Thread Started By: Greg Southam
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