Commerical use of photo?
 

I have a situation regarding one of my photos. I was sent an email asking for my photo to be used in a logo, newspaper, and ad. They found my image via flickr.

I am unsure on how to go about this situation. The photo itself was a vacation photo from last year. The photo itself does not seem much (nothing particular about the photo). I am willing for them to go about to use the photo, but what should I be asking in return? According to them, they have a low budget. In his email, it links to http://www.billiondollarbabies.nu/

I would like some opinions/advice on this situation, and how to proceed.

Thanks

Stephen

I got an e-mail before from some home & lifestyle magazine that's sold throughout the US, guy asked me if they would be able to use one of my photos... I accepted their request and they sent me a copy of the magazine several months later after being published... i got credit as you can see in the top right corner.

http://farm4.static.flickr.com/3456/...3d0850d421.jpg

http://farm4.static.flickr.com/3234/...1a655c28d4.jpg

Try not to fall for the old "We don't have much of a budget" ruse. While it may be true, there is a pay structure with regards to commercial use of photos. Ask them what the usage will be: circulation of any publications, how big the photo is on the page, how long the image will be used and where the ad/logo will be placed. All of these will factor into how much a fair amount will be. Of course, the final amount will be your choice, but to allow your photo to be used for free with just a credit is IMHO ripping yourself off. Oh, and never sign away your rights to your image either. We had about 8 days instruction on this at Focal Point last year...I have my notes somewhere....

You didn't get paid for that??? If not, you got royally ripped off. Home & Lifestyle is a relatively large magazine. You should have at the very, very least gotten $2,500 US for that...I think more, as it's a 1/2 page spread.

Just be careful, guys. It sounds like people are trolling Flikr for potentially cheap image sources, taking advantage of people ignorant of the true value of commercial images.

It wasn't one of the main pages + i never got anything ever published in a magazine so accepted anyways because thought it would be cool.
But i see were your coming from when you say these people are browsing flickr for pictures, this isn't the only e-mail i got. I've gotten several e-mails about the same picture from some companies in Europe before but they stated in bold letters in the e-mail no pay or credits will be given if i accept for the use of my picture so i just never replied...

Haha, reminds me when some tourism agency in NewZealand E-mailed me to use a photo that I had taken at Queen Elizabeth park in some tourism bourchure. I agreed cuz I thought it was cool and I never had anything of mine in anything before. Too bad they failed to realize the photo was taken in QE park in Vancouver BC, not the QE park in NZ.

thanks senna for your insight from more of a professional standpoint.

I agree with what you are trying to get it. When they start targeting novices like myself. They hope that we go "WOW we are getting publicity!" and act on impulse of letting it go for free.

I will try to follow up on your suggestions.

Thanks!

What's a non-main page?? The only page that really counts (from a revenue/status point of view) on a magazine is the cover. Every other page besides the centrefold and back cover is secondary.

While I can understand your excitement about seeing your photo published, and don't mind not getting paid for it, think of this: people made lots of money off of your image that you didn't receive any payment for.

No problem.

There is a certain software that is used by professionals that calculates your usage fees depending on all the factors that your client such as an ad agency or publisher will use. For example, if an agency wants to use your image for an ad in a magazine, it will take into account the size of your image on the page or pages if it is a two page spread, how long the image will be used for, how big the circulation of the magazine is, etc....

so i got an email back from the guy. He talked it over with his boss. His boss said that they should be paying 50-100 Euros for my photo. I think that is a good amount for what the photo is. I mean its grass...

so if i am selling him the photo, I still own the rights to the photo, but they can choose to use the photo in anyway or form?

Paperwork wise, how should it be done?

Usually they will send you a form to sign where they have everything laid out in the contract. You can say that you will not allow your image to be used in a pornographic context, for example.

this is what is killing the photo industry!!!

Next time make sure you ask for compensation :)

By giving a image away for free some people will say you are taking food away from a professional photographer.

Hit the nail on the head.

^^ I couldn't agree more. and the same goes for lots of other industries and professions like graphic design, web design, animation. Dont sell yourself cheap in whatever you do. I know the temptation is hard to resist especially if it is your first commercial credit its always hard the first time. I unfortunately learned the hard way with this too. I gave away some graphic design service for free to an annonymous singer as they too were starting out trying to get their name out there. and well lets just say i never heard from them again after that.

Thanks everyone again,

I haven't heard back from the guy, maybe he bailed, or has the weekend off since its easter in Sweden as well LOL!

I think the amount would have been substantially lower than that. Even given H&l's high distribution. Maybe 1/4 of that. Especially with this kind of picture, they likely would have had many alternatives to choose from.

That's pretty useful. What software do they use that can calculate all these factors?

I got a e-mail today...

Hi Marcel,

We found one of your photos on Flickr (http://www.flickr.com/photos/marcel-...hy/3100007584/).

I wanted to ask if we can use this photo in an ad that we are creating.

Hope you can get back to us soon, as we are have to meet a deadline very soon...

Thanks in advance for your reply!


It's true they try to get free pics from flickr.

whos the company?

I got an email too

I am writing to let you know that one of your photos with a Creative Commons license has been short-listed for inclusion in the seventh edition of our Schmap Vancouver Guide, to be published late May 2009.

i) See which of your photos has been short-listed.
ii) Submit or withdraw your photo from our final selection phase.
iii) Learn how we credit photos in our Schmap Guides.
iv) Browse online or download the sixth edition of our Schmap Vancouver Guide.

blah blah.

The photo that they shortlisted for their guide is the pic of the ferrari f430 I took in yaletown..like wtf?!

Interesting... ^

I got an e-mail about 6 months ago regarding this pic:

http://farm4.static.flickr.com/3233/...73475d27_b.jpg

Guy was asking if it can be used in a small magazine which is published in Yaletown or something. I told him no because he said no credit will be given... Then told me he will be able to use it because he contacted the person (NOT) thinking i uploaded someone elses picture to my flickr... some people are simply dumb.

I was visiting Seattle and I thought of this thread. I ate lunch at a spanish restaurant this past Saturday called Taberna del Alabardero, and I took some photos of the paella I ordered when it came to my table. The waiter noticed and gave me the restaurant manager's business card and said I should email the photo to him and they may use the photo somewhere.

I took the photo with my Canon XS and kit lens and I'm just a beginner with my SLR. As you can see in the pic below I got the focus wrong (on the lemon in the centre), and I used a shallow depth of field (f/4.5) when I probably should have done f/8 or something. I think it also looks underexposed. Anyways, what does RS.net think I should do?

http://i105.photobucket.com/albums/m...ein/paella.jpg