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Calendar Picture

tmlphototmlphoto Registered Users Posts: 1,444 Major grins
edited April 30, 2005 in Mind Your Own Business
I recently entered one of my photographs in a local juried competition. One of the event sponsors (a local print shop) selected my picture to be included in their 2006 calendar. It is my understanding that they print up a bunch of these calendars and give them away as a promotional item for their business. They have asked for permission to take the picture down to their shop in order to reproduce it, but they haven't asked for permission to use the photograph in the calendar. No money if being offered, but it is supposed to be a prestigious thing around here to have your work included in the calendar. After reading some of the post around here I feel a little uneasy about just letting them use the photo for nothing. They do have the artist name included in the calendar & I am doing this really as a hobby. Should I just let them have at it and not worry about it?
Thomas :D

TML Photography
tmlphoto.com

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    dragon300zxdragon300zx Registered Users Posts: 2,575 Major grins
    edited April 29, 2005
    My take on it is this. If they are selling them for profit, expect profit for yourself. If they are strictly giving them away as a promotional item and not making a dime off them, I would personally want the promotion myself so that it could help generate some revenue for me hobby or not, cash is cash and whatever gets me more of it is great. If they don't make a dime I would let them use it but I would want full credits, retain copywrite (get this all in writing), and want my contact information to go with my name so people could get in touch with me.
    Everyone Has A Photographic Memory. Some Just Do Not Have Film.
    www.zxstudios.com
    http://creativedragonstudios.smugmug.com
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    Shay StephensShay Stephens Registered Users Posts: 3,165 Major grins
    edited April 29, 2005
    That sounds reasonable. Give them one time non-exclusive usage for reproducing the photo in this calendar. No reprint or other usage is permitted without written authorization.

    I like to make my credit line all inclusive, yet still small enough to make it in. My example:

    © 2005 Shay Stephens / shaystephens.com

    That way all pertinent info is passed along, and I can still be contacted, and it's not so long that the publisher refuses to include it.
    My take on it is this. If they are selling them for profit, expect profit for yourself. If they are strictly giving them away as a promotional item and not making a dime off them, I would personally want the promotion myself so that it could help generate some revenue for me hobby or not, cash is cash and whatever gets me more of it is great. If they don't make a dime I would let them use it but I would want full credits, retain copywrite (get this all in writing), and want my contact information to go with my name so people could get in touch with me.
    Creator of Dgrin's "Last Photographer Standing" contest
    "Failure is feedback. And feedback is the breakfast of champions." - fortune cookie
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    SamSam Registered Users Posts: 7,419 Major grins
    edited April 29, 2005
    I think this one is easy. Looks like the local print shop is getting quality photos produced by local photogs at no cost to help promote their printing business. These are free promotional calendars and there is a local custom / culture that getting your photo chosen, and receiving credit is a great honor. Seems like most view this as a win / win.



    It would appear you have a choice. If you demand payment, they will call the next person on the list and use their photo. If you’re happy with the prestige and credit, then go with Shay’s suggestion, and claim your bragging rights.



    Sam



    Ps: I’ll be happy to send them one of mine. :D
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    ian408ian408 Administrators Posts: 21,911 moderator
    edited April 29, 2005
    When you entered the competition, did you sign a waiver? If so, what'd it
    say about this type of usage?

    Ian
    Moderator Journeys/Sports/Big Picture :: Need some help with dgrin?
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    tmlphototmlphoto Registered Users Posts: 1,444 Major grins
    edited April 30, 2005
    ian408 wrote:
    When you entered the competition, did you sign a waiver? If so, what'd it
    say about this type of usage?

    Ian
    Thanks for the suggestions everyone. There was no waiver signed about this when I entered the contest. I'm fine with the setup, but I just wondered what others would think. I think the are a little assuming by not asking for a release in order to use the picture. I agree with Sam that its probably win / win for all of us.
    Thomas :D

    TML Photography
    tmlphoto.com
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    bfjrbfjr Registered Users Posts: 10,980 Major grins
    edited April 30, 2005
    tmlphoto wrote:
    Thanks for the suggestions everyone. There was no waiver signed about this when I entered the contest. I'm fine with the setup, but I just wondered what others would think. I think the are a little assuming by not asking for a release in order to use the picture. I agree with Sam that its probably win / win for all of us.
    Dbl chk that eek7.gif.
    Most contest have fine print that stipulates usage, irregardless if you signed anything or not. :wow
    Your submission is the aknowlgement of the agreement: In other words you agreed to whatever rules and regs were in place by simply submiting your image!! I could be wrong so chk further if you wish ne_nau.gif

    On all other points It is a win/win sit. and Shay's suggestions are 100% correct.
    Congrats thumb.gif
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    GREAPERGREAPER Registered Users Posts: 3,113 Major grins
    edited April 30, 2005
    tmlphoto wrote:
    Thanks for the suggestions everyone. There was no waiver signed about this when I entered the contest. I'm fine with the setup, but I just wondered what others would think. I think the are a little assuming by not asking for a release in order to use the picture. I agree with Sam that its probably win / win for all of us.

    In one of the annual contests I help produce, one of the "prizes" is publication in a calendar produced by a local suburban newspaper. This is listed as one of the prizes on the flyer that includes the entry from. The flyer also says that by entering the contest, you agree to the rules of the contest etc. We are of the opinion, that by entering the contest, you are agreeing to have your image in this calendar if it is selected.
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