[keitaro]

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/

Hello Stephen.

I just signed up for flickr.
I'm working on a project for an event company in Sweden.
Would really love to use your picture "The Green Grass" for a logo and perhaps a poster.
This is the adress http://www.flickr.com/photos/s_chang/2619780210

Let me know if this would be possible in any way.
Thanks!

The picture will be used for several purposes. A logo, a poster and a few ads in the local newspaper.

We are building a new outdoor arena in the small town Leksand in Sweden. This will be a place for familys where they can spend the afternoons during the summer. There are living aprox 15.000 people in Leksand and the town is placed the middle of Sweden.

We really fell in love with the summer feeling that you captured in the picture and we would love to use it. As usual when working with music events we are looking at an almost non existing budget. Is there any possibility of you letting us use the picture for free but with full photocredits? Let me know OK?


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

Thanks

Stephen

[1exotic]

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/3456/3192730073_3d0850d421.jpg

http://farm4.static.flickr.com/3234/3095953987_1a655c28d4.jpg

[Senna4ever]

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....

[Senna4ever]

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/3456/3192730073_3d0850d421.jpg

http://farm4.static.flickr.com/3234/3095953987_1a655c28d4.jpg

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.

[Senna4ever]

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.

[1exotic]

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.

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...

[IMASA]

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.

[keitaro]

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....

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!

[Senna4ever]

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...
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.

[Senna4ever]

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!
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....

[keitaro]

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?

[Senna4ever]

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.

[Meowjin]

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...

this is what is killing the photo industry!!!

Next time make sure you ask for compensation :)

[Manic!]

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

[K-Dub]

http://digital-photography-school.com/forum/showthread.php?t=52743

[Senna4ever]

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.

[Nismo200SX]

^^ 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.

[keitaro]

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!

[Kite]

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.

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.

[peazs]

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....

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

[1exotic]

I got a e-mail today...

Hi Marcel,

We found one of your photos on Flickr (http://www.flickr.com/photos/marcel-lech-photography/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.

[Meowjin]

whos the company?

[Matsuda]

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?!

[1exotic]

Interesting... ^

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

http://farm4.static.flickr.com/3233/3091320112_5a73475d27_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.

[jlo mein]

I was visiting Seattle and I thought of this thread. I ate lunch at a spanish restaurant this past Saturday called Taberna del Alabardero (http://www.alabardero.com/seattle/index.html), 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/m204/jlomein/paella.jpg

[Meowjin]

^get a better monitor.

[Senna4ever]

White balance is WAY off, focus point should be more towards the front, the setting and lighting is pretty bad.

[jlo mein]

Thanks for the tips guys. Now what should I do about being requested to email the photo to the restaurant manager so they may use it somewhere? Should I do it?

[Senna4ever]

You can always try, but I'd work on the file more to bring out detail. Personally I wouldn't send it, but I'm quite strict with what I output.

[K-Dub]

removed upon request.

[MikesJo]

^ In the above case, would the photographer need a signed release by the participants that can be clearly identified?

I've got some of mine in those schmaps as well, lol. The one for Seattle. Hilton Malaysia also used one in their marketing material.

[Matsuda]

I didn't want to start a new thread but I have some questions that you guys hopefully can give me some advice on. I was contacted by a local graphic designer who wanted to use one of my images for a brochure she's doing for the City of Richmond and was asking what my fee and terms would be. My cousin told me that I wouldn't be able to sell it since I don't have a property release from BCIT. This is the shot in particular:

http://farm4.static.flickr.com/3578/3797554758_3e5b97ce16.jpg (http://www.flickr.com/photos/djmatsuda/3797554758/)

I think my cousin is probably right since it makes sense (to me) that BCIT is private property. Just wanted to get some more input.

[Senna4ever]

Yup, your cousin is right, unfortunately.

[vietfx]

Bumppppp. I've been contacted on flickr about some of my pictures.



So I replied saying that I wouldn't mind, but only for a fee and a contract.

Well, I accepted the offer, but how should I go about getting the money? I think direct deposit/transfer to my bank account would be the easiest, as I don't want to risk a cheque/money order or lose money from PayPal.

Also, she asked for an invoice, which I understand is for tax/legal purposes, but how would I prepare one myself?

Any help is greatly appreciated, thanks all!

oh btw, she asked for these three.

Wouldn't you need the consent of the people in your photos?

[Senna4ever]

Wouldn't you need the consent of the people in your photos?

That depends whether the photo is going to be used for commercial or journalistic purposes. Commercial, yes. Journalism, no.

[Matsuda]

Yup, your cousin is right, unfortunately.

would it still be legal to let her use it for free but credit it me for the photo?

[vietfx]

That depends whether the photo is going to be used for commercial or journalistic purposes. Commercial, yes. Journalism, no.

K-Dub, you may want to think about that before releasing your photos >_>

[Senna4ever]

would it still be legal to let her use it for free but credit it me for the photo?

No, you need BCIT's permission to use it, if it's going to be used for commercial purposes.

[Matsuda]

ahh ok, thanks senna

[Senna4ever]

No problemo. That graphic designer may not have known, but once she submitted the design for the brochure to Richmond, they would have axed your image for sure.

[RCubed]

Bump from the dead!

I've recently been contacted on flickr about usage for one of my photos in their CD Booklet.


Hi There,
My name is Steve and I own and operate an indie music label here in Vancouver. I have a band that is about to release their second album and we'd be very interested in using one of your fine shots. It's one of your shots of Vancouver at night.
Anyway I'm a small label with limited resources and I'm hoping we can work out a deal to use that shot on the booklet that will be released with the album.
I can be reached by phone at 604-xxx-xxxx
Thanks for your time.
Steven Chan
Arc of the Universe Music


Im just wondering what my options are. Do I ask for monetary compensation?
I have never been contacted with regards to this before, nor have I ever sold a photo.

[Berzerker]

Funny how everyone is a small business with limited funds....

Berz out.

[1exotic]

Bump from the dead!

I've recently been contacted on flickr about usage for one of my photos in their CD Booklet.



Im just wondering what my options are. Do I ask for monetary compensation?
I have never been contacted with regards to this before, nor have I ever sold a photo.

tell him to pay you are he can go fuck off

plain and simple.

[Senna4ever]

Funny how everyone is a small business with limited funds....
This. I run into tales of woe like this all the time.

tell him to pay you are he can go fuck off

plain and simple.
I would ask for monetary compensation - it's only fair. Where/what is your shot going to be used for? Just the CD booklet, or maybe promotional posters? Prices for things like this go in order of: cover, centrefold, back cover, everywhere else. Also, will your image take up a whole page or partial page? What is the number of pressings? Where is the CD going to be distributed? How long are you going to give permission for them to use the image - just this one project, or for more projects?

Unfortunately, I can't tell you what the going rate for things like this are, as I don't know. There is a software used by pros that will give you the going rate (in USD) for image usage called Photobiz. If you can find someone who has it, he/she can tell you what the fair market price would be.

Don't give your image out for free. You deserve to get paid for your work. Unfortunately, I have a feeling that if you ask for too much, they'll just go look for some schmuck who is willing to give their image to them, thus further contributing to the demise of the professional stock industry. :(

[J____]

although you dont want to give images for free, keep in mind there is NO MONEY in magazines. Unless you are commissioned by a magazine to shoot, or have a timeless image (ie image of man falling from world trade at 9-11), chances are you wont get lots of money. for big name magazines you'd be lucky to get close to $1000 for a picture. You'd be normally looking around a few hundred for stock images if a magazine contacts you.

Why is this you ask? Just because so many ppl wants to get published. If you wont give it for free, there are 100 others that will.

The real money is in advertising, magazine publication is just a medium to get get your name known so you are able to pick up those advertising gigs. Dont focus all ur attention on making money from magazines, because you'll starve.

[Matsuda]

bumping an old thread, got this in my flickr mail this morning

Dear Bill,
>
> Our Law Firm wants to post your photo on its website as design decisions.
> Thus, your photo on our website will be used for commercial purposes (for the provision of legal services).
>
> We would like to receive your permission to use this photo and sign an agreement with you.
> If you have an example of such an agreement, we will be glad to discuss it. If you don't, we will propose our own version of the agreement.
>
> Waiting for your quick feedback.
>
> With expectations for the future cooperation,
Helen

Seems a little fishy since they didn't mention what photo they were interested in and the mail looked exactly like that, with the little >. Looks as if they sent the same thing to multiple people

[Senna4ever]

Sounds sketchy. Check the e-mail address that sent it to you, and see if it seems legit. A proper law firm should have a digital signature at the bottom of the e-mail with contact info, and something like, "this message is sent in confidence, if you are not the intended recipient, please destroy...etc, etc".

[Matsuda]

Its a law firm in the ukraine.... Kievbarristers.com sketchy much? My spidey sense is tingling
Posted via RS Mobile (http://www.revscene.net/forums/announcement.php?a=228)

[Senna4ever]

www.kievbarristers.com doesn't exist. www.kievbarrister.com does exist, but there is only one page, and the page is in English. I say something smells fishy.

[Mananetwork]

Sorry, I just had tuna :/