Received a request to use my photo in a book

TanukiTanuki Registered Users Posts: 184 Major grins
edited January 20, 2009 in Mind Your Own Business
I received a request to use one of my photos in a book project (popular science book) for a major book publisher. They found my photo on a Dgrin thread (presumably from a web search), and contacted me to ask my permission. I was caught off guard by the request, as I rarely post my photos in public.

They didn't offer any compensation, only to print my name in a photo credit.

I could use advice on two issues.

1. If I give my permission, how would I protect my copyright if I tell them they can use the photo? My intention would be to only allow them to use it in the book project, but that I would retain ownership of future use.

2. Considering that this is a commercial venture (and a large print run), I think they should expect to pay to use my photo. How should I approach this? Should I look up the value in an online estimator and simply state my fee? Is it even worth getting paid if this is a one-off situation?

Mike

Comments

  • mercphotomercphoto Registered Users Posts: 4,550 Major grins
    edited January 14, 2009
    Tanuki wrote:
    2. Considering that this is a commercial venture (and a large print run), I think they should expect to pay to use my photo. How should I approach this? Should I look up the value in an online estimator and simply state my fee? Is it even worth getting paid if this is a one-off situation?
    I had a photo published about three years back in a Texas public school math book and got around $350, if memory serves. I hope this gives you an idea as to what to expect. And yes, absolutely, they are making money so why in the world shouldn't you? Ask the guy you're negotiating with what their budget for the photo is. If they come back with offering credit only as if he works for free as well. Ask if a credit can help pay your mortgage, buy new gear, pay for groceries. Do it politely and hopefully he gets the idea.
    Bill Jurasz - Mercury Photography - Cedar Park, TX
    A former sports shooter
    Follow me at: https://www.flickr.com/photos/bjurasz/
    My Etsy store: https://www.etsy.com/shop/mercphoto?ref=hdr_shop_menu
  • mercphotomercphoto Registered Users Posts: 4,550 Major grins
    edited January 14, 2009
    Tanuki wrote:
    1. If I give my permission, how would I protect my copyright if I tell them they can use the photo? My intention would be to only allow them to use it in the book project, but that I would retain ownership of future use.
    Make it clear you are NOT selling them a photo, you are granting them a license to use the photo. Others I'm sure will chime in with the exact wording. The license is non-exclusive (i.e. you can license the images to others), it is for only one use for a specified period of time. Etc.
    Bill Jurasz - Mercury Photography - Cedar Park, TX
    A former sports shooter
    Follow me at: https://www.flickr.com/photos/bjurasz/
    My Etsy store: https://www.etsy.com/shop/mercphoto?ref=hdr_shop_menu
  • TanukiTanuki Registered Users Posts: 184 Major grins
    edited January 14, 2009
    Bill,

    Thanks for your posts!

    Mike
  • JohnBiggsJohnBiggs Registered Users Posts: 841 Major grins
    edited January 14, 2009
    I would offer to license the photo for a reasonable fee. Then ask about size, placement, number of runs, etc.

    John
    Canon Gear: 5D MkII, 30D, 85 1.2 L, 70-200 2.8 IS L, 17-40mm f4 L, 50 1.4, 580EX, 2x 580EXII, Canon 1.4x TC, 300 f4 IS L, 100mm 2.8 Macro, 100-400 IS L
    Other Gear: Olympus E-PL1, Pan 20 1.7, Fuji 3D Camera, Lensbaby 2.0, Tamron 28-75 2.8, Alien Bees lighting, CyberSyncs, Domke, HONL, FlipIt.
    ~ Gear Pictures
  • Cygnus StudiosCygnus Studios Registered Users Posts: 2,294 Major grins
    edited January 14, 2009
    Number of runs is very important, and your usage license should reflect this. A nice fee for 1st run and a smaller percentage for each additional run.

    Example:

    1. $500
    2. $200
    3. $75

    Spell everything out in the usage license. If you want credit on top of pay, make sure it is in the agreement.

    Congrats!
    Steve

    Website
  • manboumanbou Registered Users Posts: 105 Major grins
    edited January 14, 2009
    Let's see the photo!
    "[FONT=Arial, Helvetica, sans-serif]Photography is often finding something cool and taking a picture of it."[/FONT][FONT=Arial, Helvetica, sans-serif] -- Ken Rockwell[/FONT]
  • TanukiTanuki Registered Users Posts: 184 Major grins
    edited January 15, 2009
    Thanks, everyone, for the helpful posts.

    They said the max print run would be 500,000. I'm not sure what size they plan to use the photo. If it's 1/4 page or less, I think the $500/200/75 suggestion sounds about right based on my the online estimator I checked.

    Would it be typical for this license agreement to apply only to the subject book project and be non-exclusive? I assume that "non-exclusive" means that I can license the photo to others, correct?

    Can anyone suggest an online source where I can find a format for writing a license agreement? I'm having trouble finding one.

    Regards,
    Mike
  • Art ScottArt Scott Registered Users Posts: 8,959 Major grins
    edited January 15, 2009
    i also was contaced by a book publisher (the one that does the "SPOTLIGHT ON..(insert city name here....)....." books {that thread is getting buried by now:D} and in their initial email I received a complete "list" of how they pay and also it stated that all photos submitted must have contact and copyright info attached and in the metadata....at first that cought me off gaurd since 99% of everyone looking for pix wants them free.......I felt good about the offer as they did spell out how they paid for photos by size used and quanity and also that all submissions had to be at 300dpi in RGB, in jpg,tif or raw files.....dang near forgot the "rules of engagement" also stated it was for ONE-TIME NON-EXCLUSIVE RIGHTS ...........
    This Art Director looked thru my website and asked for a specific ~20 from the website and gave a list of categories I had to shoot more (230 MORE) to the 250 the had as the top end of what they would accept......it is definitely a challege but now I have snow clap.gif as a ground cover and not just yucky brown grass and dirt........
    "Genuine Fractals was, is and will always be the best solution for enlarging digital photos." ....Vincent Versace ... ... COPYRIGHT YOUR WORK ONLINE ... ... My Website

  • TanukiTanuki Registered Users Posts: 184 Major grins
    edited January 20, 2009
    Just a final update...

    I finally got around to telling the picture editor that I would consider licensing the image, and to make me a proposal if she was still interested. She replied that they had already proceeded with another photo because they had to present the layout to the publisher. I'm not surprised, considering that it's been almost a month since she first contacted me. Then again, my photo may not have been her top choice.

    Thanks again for everyone's helpful advice.

    Mike
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