Digilabs & HP want to use my calendar as sample

Photosbysteve

I created a 2007 calendar for an AKC dog club using Digilabs calendar software. Digilabs has used it as a sample to promote their calendar-building software as well as their print quality. The other day I got an email from them...

"HP has approached us and is interested in using this sample at some of their upcoming shows. They currently license the DigiLabs software out to printers who purchase their HP printers. I wanted to check if you would be okay with this?"

My contact info is on the calendar as well as a copyright symbol on each photo. My question is this: Are there any other things that I should do, or ask of them before I give an okay? Another thought...What if Digilabs wants to photograph parts of my calendar to use in their website or other materials? Kind of like they have done here... http://www.digilabs.net/calendars.shtml

What would be an appropriate price to begin negotiating with them? When I talked with her the first time after her initial email she made slight mention of some sort of trade (calendars, prints, etc) to which I basically ignored. Said I'd get back to her...

Here's some of the shots that went into the final calendar:
http://photosbysteve.smugmug.com/gallery/2282298#119248773
http://photosbysteve.smugmug.com/gallery/1342543#63335509 (minus the leash)
http://photosbysteve.smugmug.com/gallery/1766331#87640219
http://photosbysteve.smugmug.com/gallery/1960484#99625759

Any thoughts?


Thanks,

chaosdsm

Photosbysteve wrote:

I created a 2007 calendar for an AKC dog club using Digilabs calendar software. Digilabs has used it as a sample to promote their calendar-building software as well as their print quality. The other day I got an email from them...

"HP has approached us and is interested in using this sample at some of their upcoming shows. They currently license the DigiLabs software out to printers who purchase their HP printers. I wanted to check if you would be okay with this?"

My contact info is on the calendar as well as a copyright symbol on each photo. My question is this: Are there any other things that I should do, or ask of them before I give an okay? Another thought...What if Digilabs wants to photograph parts of my calendar to use in their website or other materials? Kind of like they have done here... http://www.digilabs.net/calendars.shtml

What would be an appropriate price to begin negotiating with them? When I talked with her the first time after her initial email she made slight mention of some sort of trade (calendars, prints, etc) to which I basically ignored. Said I'd get back to her...

Here's some of the shots that went into the final calendar:
http://photosbysteve.smugmug.com/gallery/2282298#119248773
http://photosbysteve.smugmug.com/gallery/1342543#63335509 (minus the leash)
http://photosbysteve.smugmug.com/gallery/1766331#87640219
http://photosbysteve.smugmug.com/gallery/1960484#99625759

Any thoughts?


Thanks,

First off, those are some great shots!

I cannot help with pricing; there are a <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:place w:st="on">LOT</st1:place> of variables that go into it. If it were my photos that they wanted to use, I would do one of the following:<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>
1> accept a trade, but only if I retain all rights to my photos with no usage restrictions (i.e. digilabs & HP are not granted exclusive use of photos). Further, that digilabs & HP cannot use the photos in any capacity beyond the initial purpose of “samples”, or past a certain date. All subject to negotiation based on what is being traded<o:p></o:p>
2> Insist on monetary compensation & allow digilabs & HP exclusive but time limited use of photos, while I retain all rights to the photos. Again how much compensation depends on a <st1:place w:st="on">LOT</st1:place> of variables. How much time was spent on the shoot, equipment & travel expenses, did you have any post processing time involved, your time spent working on the calendar, how much is your time worth as a photographer, how much do you think you would make off of your photos through sales during the “exclusive use” period...<o:p></o:p>
3> Sell all rights & privileges to use the photos as digilabs & HP see fit for as long as they remain in business, but retain your copyright. For this I would insist on a considerable trade & monetary compensation package to include a new HP photo editing computer with Adobe Creative Suite 3 Master Collection & Adobe Lightroom pre-installed, at least one of HP’s top of the line inkjet printers, at least one of HP’s mid-line color laser printers, Lifetime updates to digilab’s software bundle, & minimum 4 figure monetary compensation. <o:p></o:p>
<o:p> </o:p>
And no matter what route I went, I’d make sure that I was fully credited on the prints.<o:p></o:p>
<o:p> </o:p>
But that’s just me…

Photosbysteve

chaosdsm wrote:

First off, those are some great shots!

I cannot help with pricing; there are a <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:place w:st="on">LOT</st1:place> of variables that go into it. If it were my photos that they wanted to use, I would do one of the following:<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>
1> accept a trade, but only if I retain all rights to my photos with no usage restrictions (i.e. digilabs & HP are not granted exclusive use of photos). Further, that digilabs & HP cannot use the photos in any capacity beyond the initial purpose of “samples”, or past a certain date. All subject to negotiation based on what is being traded<o:p></o:p>
2> Insist on monetary compensation & allow digilabs & HP exclusive but time limited use of photos, while I retain all rights to the photos. Again how much compensation depends on a <st1:place w:st="on">LOT</st1:place> of variables. How much time was spent on the shoot, equipment & travel expenses, did you have any post processing time involved, your time spent working on the calendar, how much is your time worth as a photographer, how much do you think you would make off of your photos through sales during the “exclusive use” period...<o:p></o:p>
3> Sell all rights & privileges to use the photos as digilabs & HP see fit for as long as they remain in business, but retain your copyright. For this I would insist on a considerable trade & monetary compensation package to include a new HP photo editing computer with Adobe Creative Suite 3 Master Collection & Adobe Lightroom pre-installed, at least one of HP’s top of the line inkjet printers, at least one of HP’s mid-line color laser printers, Lifetime updates to digilab’s software bundle, & minimum 4 figure monetary compensation. <o:p></o:p>
<o:p></o:p>
And no matter what route I went, I’d make sure that I was fully credited on the prints.<o:p></o:p>
<o:p></o:p>
But that’s just me…

Thanks for those ideas. When I first got the email I knew that I didn't just want to relinquish my work for next to nothing...so over the past few days I've done some checking, had some conversations w/some other photographer friends, posted here and there...just trying to learn as I've never had this come up before. When I spoke with Digilabs today I had several questions on how they wanted to use my photos/calendar, i.e., website, email promotion, etc. as I would need to be compensated. Never talked a specific amount; (although I had some numbers in mind) just tactfully trying to explain my position. She said they went with one of their other calendar choices; probably best anyway as it didn't sound like they were willing to pay anything anyway, and I wasn't about to give it to them for free...better to be cautious than to be taken advantage of. They know how to reach me.

Thanks again for those good ideas.