Dream turns reality, now what!?

tpodonne

Here's my situation and some questions I've been mulling over.
I will be attending a convention (bicycles mainly) and have been told by a local magazine start up that they'll use my photo's (if they're good) for the story on the convention - they're looking for arty shots. Photo's have been strictly a hobby (http://www.aspenroadimages.com)for me until this.

the questions:
Pay: I'm willing to work for free just to get some press, but wouldn't mind making a little either. I would like to do more work for the mag. if it works out. - I'm guessing do it for free this time? I've also decided to rent a nicer wide lens for this via calumetphoto so that hits me in the wallet.

- If I do get paid I suppose I'd have to actually file a tax return in my companies name, correct? I've never sold any of my photo's to this day.

model releases: I'm guessing I don't need one seeing as though it's a local magazine and just starting up, right - any more thoughts - pack some forms just in case??

I'm guessing this may bleed into other questions so I'll just start with this.

Appreciate your help in my matters.

Tom

Sam

Tom,

Here's my quick take on it. First don't work for free. Second, don't work for free.

Working for free will only get you more free work.

I would ask then to define "arty", and define the subject matter they are seeking.

Ask them if they have a budget for photography. If they don't have any budget let them know you just can't work for free. You could see if they are willing to trade advertising space for photos. You could let them know that if they get stuck and don't have any photos of their own after the event you would be happy to let them have a look at your photos.

If they find something they like you can negotiate a price. You can always be nice with the pricing but by getting something, trade, or cash you are establishing that your images have value.

If you start with a 0 value it's really hard to go up from there.

Sam

johng

Let me add on to what sam said:

Third: don't work for free.

In addition - you should get usage terms spelled out in a contract. While the 'fee' you charge them is highly negotiable given you're level of experience and the fact this is a startup, usage probably shouldn't be. Unless they're offering a good hunk of change they should not get copyright or perpetual use out of the photos. Again, no one is saying you need to charge $200 an hour or $1000 per image used here. Just saying don't work for free - get compensated for the work you're doing - not just a promise of future work. If it's good enough for publication in their mag than it's good enough for them to compensate you in some way (free advertising is NOT the same as a photo credit by the way). And you should agree to usage terms and have that in the contract along with payment terms.

Which leads me to point four: Get everything IN WRITING - sign a contract spelling out usage and payment terms.

And yes, you typically file a 1099 for this type of work. Most established outfits will require you to fill out the form and they'll automatically send notification to the IRS. But a start-up, unless they're experienced businessmen probably won't.

Blaker

Once again, do not work for free. If you do , they will call you again- wanting more free photos!

Do not give them the copyright to your photos- license the photos for one - time usage in their magazine ( if they want additional usage negotiate additional payment for this).

Also, re : "model releases: I'm guessing I don't need one seeing as though it's a local magazine and just starting up, right - any more thoughts - pack some forms just in case??"

You are correct that you don't need model releases, but it has nothing to do with the magazine being local and a start up.
It is because the photos will be for editorial use, not commercial use.

There are lots of articles and info in the resources threads at the top of this forum, you might want to take a little time to look through them-
Good luck and hope this works out well for you.

timk519

This is also a good time to start to learn negotiating skills to go with your shooter skillz.

tpodonne

Thanks!
Thanks for taking the time to help a newbie out with some solid advice. I think I suffer from "nice guy" syndrome too often. I too hope for a "win win" situation. The mags not going to be free and they're charging for ad space.

I did try to research the model release link on the 1st or 2nd thread in mind your business and the link didn't work - I do remember that now that you mention the editorial part - thanks.

Tom

timk519

tpodonne wrote:

I did try to research the model release link on the 1st or 2nd thread in mind your business and the link didn't work - I do remember that now that you mention the editorial part - thanks.

Check out Dan Heller's web page for more stuff on the shooter business than you can shake a stick at.

Good luck!

tpodonne

one time usage.
so if I have them sign a written contract limiting usage to one time - is there anyway I can protect the image data after that one time use, that relatively basic- does the shopping cart do that for me? I'm guessing I'd have to provide him the image file for the magazine correct? Then it would be up to me (reviewing every issue) and their ethics- correct?

Thanks in advance.

SamirD

tpodonne wrote:

so if I have them sign a written contract limiting usage to one time - is there anyway I can protect the image data after that one time use, that relatively basic- does the shopping cart do that for me? I'm guessing I'd have to provide him the image file for the magazine correct? Then it would be up to me (reviewing every issue) and their ethics- correct?

Thanks in advance.

There is not much you can do once they have the digital copy in their hands. At that point, they simply have to honor the license. Be sure to file with the copyright office for any images you give digital licenses to. That makes litigation a lot easier if/when they do violate the copyright.

tpodonne

That's what thought - thanks
Thanks for the reply. That's what I assumed.
Ah another lesson to learn - copyrights.