I am in discussions with someone who came across my photo and wants to use it for some diagram or something. This is the first time someone has inquired about using a picture of mine. Below is the agreement, copied and pasted. Does this look to be reasonable and fair? I don't think I'm getting shafted, but I want to double check.

I replaced my full name with my username, because I feel like keeping my privacy on here for now. I also replaced the name of the company buying the photo, so as to keep the other party confidential.

THIS IS A LEGAL AGREEMENT ("Agreement") BETWEEN xzmattzx AND
ABC.

TERMS & CONDITIONS
The License: Subject to the terms and conditions of this Agreement,
xzmattzx grants to ABC, as agent for AT&T, and its successors,
licensees, and assigns the full and complete right, in perpetuity
throughout the universe to use the xzmattzx image entitled
“DSCF1697”. xzmattzx continues to own the xzmattzx image
and ABC shall have no legal claim to the ownership or copyright of
xzmattzx image. By downloading or receiving by carrier the image,
ABC is bound by the license terms herein which state what ABC
may and may not do with the xzmattzx image and contain
limitations on warranties and remedies. Should ABC violate the terms
of this Agreement, ABC license will be deemed automatically revoked.

PERMITTED USES
ABC may distribute programming containing image from xzmattzx. GSD&M may publicly display and demonstrate image obtained
by ABC from xzmattzx, but only as incorporated into any work
with value added by ABC (i.e., ABC may not distribute, license,
share with other individuals or re-sell any xzmattzx image on a
stand-alone basis); provided that ABC’s right to modify, display and
create derivative works may be subject to applicable worldwide moral
rights and similar authors and artists rights.

PROHIBITED USES
Except as specifically provided in this Agreement, xzmattzx image
may not be shared, copied, sublicensed, resold or otherwise made
available for use or distribution or commercialized. This is a personal
license between ABC and xzmattzx. It is prohibited to share
xzmattzx image for re-use with colleagues, clients or any
individuals other than ABC itself.

xzmattzx image may not be not be made available for use, resale or
distribution as stock footage. It may not be re-licensed or resold as stand
alone image detached from ABC programming or website. ABC
shall not make any use of any xzmattzx image that may be deemed
pornographic, defamatory, libelous or otherwise unlawful.

INDEMNIFICATION
Licensor agrees to indemnify and hold harmless Licensee, its successors,
assignees, licensees and distributors from and against all loss, liability,
damage and expense including reasonable attorneys’ fees resulting from
Licensee’s use of Property. Agency and Client shall similarly indemnify
and hold Supplier harmless from loss or damage arising out of any
breach of the warranties and representations hereunder, including
reasonable attorney’s fees.

FEES AND PAYMENTS, IMAGE QUALITY
In exchange for ABC’s usage of xzmattzx Image as provided
hereunder, ABC and/or it’s agents agree to pay to xzmattzx a
non-refundable license fee of $250. xzmattzx image is sold "as is"
and all sales are final.

INTEGRATION
This Agreement is the complete and exclusive agreement between
ABC and xzmattzx with respect to the subject matter of this
Agreement, superseding and replacing any and all prior understandings
(both written and oral) regarding such subject matter.

MODIFICATION
Any modification to this Agreement must be in writing and signed by
both parties.

Here is the picture in question, in case you wanted to see what they are interested in:

http://img235.imageshack.us/img235/5283/dscf1697ads2.jpg

Your agreement is more than sufficient. No worries mate.

Yes, the contract looks pretty standard and fair. And you can take my word for it, because I'm an attorney. This company will not take title to your photo, but only have a limited right (license) to use it. Just remember that when you grant a full license in perpetuity, you are permitting the licensee to use the photo over and over, rather than just once. Often, that type of license commands a higher price. Also, in case you didn't know, the Integration section basically just says this is the final, complete agreement (called in legalese an "integration"), and therefore no evidence extrinsic to the agreement can subsequently be used to clarify the agreement in the event of litigation.

I would change that line: "and assigns the full and complete right, in perpetuity throughout the universe".

I don't think you can have any legal claim on the entire universe, nor does it sound professional.

Looks good. I would have a lawyer look over it and ask him/her questions about the contract.

It doesn't hurt. My aunt did stuff for Disney,a dn she had a lawyer look over it and they found something.

So I asked the guy in an e-mail what he'll be using the picture for. This was the response:

It’s being used as a background for an aerial shot in an AT&T commercial- will be on screen for about 2.5 seconds. I have no idea how long it will run, but I would guess for less than a year- they tend to change out pretty often. It’s a national spot.

I’m happy to send you a QuickTime of the spot when it’s finished (will be shortly).

How does that play into the contract?

So I asked the guy in an e-mail what he'll be using the picture for. This was the response:

How does that play into the contract?

That perfectly fine. Under the Permitted Uses section, it states "ABC may distribute programming containing image from xzmattzx. GSD&M may publicly display and demonstrate image obtained by ABC from xzmattzx, but only as incorporated into any work with value added by ABC."

Your image will be "incorporated" into a "work" with "valued added by ABC." The work into which it will be incorporated is a commercial. And that commercial is the value added to the photo.

As an important aside, it's worth mentioning that if you try to accept this offer (i.e., the terms of the contract) but change any of the terms ("I accept, but I'd like $300 for the photo instead"), then you're not legally "accepting" AT&T's offer, but rather making a counteroffer which, in turn, it must accept.

The foregoing neither constitutes legal advice nor creates an attorney-client relationship.

Should I ask for a little more money, or is $250 fair?

Should I ask for a little more money, or is $250 fair?

It's a difficult question to answer without additional facts. Two things I'd need to know are how rare the photo is and how willing AT&T would be to use a different photo. Obviously, if you asked AT&T: "How badly do you need to use this particular photo"?, it wouldn't give you a candid answer because that would undermine its bargaining power. And if you ask for more money, you run the risk of being out $250 because all it needs to do is reject that counteroffer. Once it does so, you can't simply change your mind and say: "Okay then, I accept your earlier offer of $250." That earlier offer has been revoked.

But, on a personal note, if someone wanted to pay me $250 for a photo I took from a plane that will otherwise sit on my hard-drive, I'd take the money.

ask yourself this...

whats the photo worth to you? how much is the camera you wanna buy? lol

I have seen photo rights range from $20 - $5000 and even beyond, IMO you may want to tell them to make an offer...if they tell you 200$, tell them you need 250$...if they say 500$...then you know...

Pricing is a tough game, I'm working two contracts right now and you really have to look at who is your buyer and what they are likely to budget on this stuff...someone for AT&T might have plenty to spend.

anyways, good luck and let us know how you make out.

I'd like to bring the price up a little bit; $300 would be fine. regarding informal agreements to the $250 price, our discussions through e-mail went like so:

Him: We'd be willing to pay you for your photo.
Me: How much would you offer?
Him: We typically offer $250 for photos like this.
Me: $250 sounds fine.

He also mentioned that he would get back to me about whether they would use my picture or not, which makes it sound like he found other pictures worth considering instead of mine.

well, you might wanna jump back and tell him 200$, he might be talking to others and seeing if they will bite for less than the original 250$ offer that you had set up.

I think I better stick with the $250. I don't think they would keep in contact with me if I told them I wanted more money.

The print ad agency for AT&T now wants to use my photo. I would get paid for the print contract on top of the TV contract. Here's the e-mail from the TV contract guy, who is acting as an intermediary until the print guy gets in contact with me:

Agency has asked me to offer you $425 for the print usage on top of the already agreed upon $250 for the TV- this is what they’re paying for another piece of the still ad.

Are you OK with that?

I decided to take the $425 for the print ad. That brings the total payment that I'll receive to $675. Not bad for a photo that I took from a plane of a wasteland simply because I've never seen a desert before.

The guy sent me a picture of how my photo will be used in the TV commercial and print ad. Here it is:

http://img409.imageshack.us/img409/4366/stillskv2.jpg

hell yea...nice work!

Nice.

sweet..

The Tv commercial has apparently debuted, according to the marketing guy I was talking to. Look for my picture (my "photoshopped" AT&T picture actually) on TV.

The commercial featuring my picture has debuted on national TV. I saw it for the first time today while watching hockey on NBC.

I have to send an invoice to the marketing firm, then I'll get a nice check in the mail. :) :) :)

hmm... do u have a quicktime of the commercial ?

i dont watch enough tv to notice commercials... and i live in Canada therefore, we might not have the same commercials.

by the way, nice work, im quite jealous actually. i would feel very priveledged.

The guy is supposed to send me a video of the commercial but hasn't yet.

Just saw the TV commercial last night. Pretty awesome, congrats!

What were their requirements as far as the format of the photo?

I had a couple of magazines express interest in my photos, but I believe the originals were not up to their quality standards, so nothing ever happened.

Just saw the TV commercial last night. Pretty awesome, congrats!

What were their requirements as far as the format of the photo?

I had a couple of magazines express interest in my photos, but I believe the originals were not up to their quality standards, so nothing ever happened.

Not sure what the requirements were. I guess the lighting was just what they were looking for. That's all that I can come up with. I also spruced up the photo with InfranView before emailing it to them, so that was maybe a plus.

Not sure what the requirements were. I guess the lighting was just what they were looking for. That's all that I can come up with. I also spruced up the photo with InfranView before emailing it to them, so that was maybe a plus.
I think he meant as far as the format and size. What were the dimensions of your photo?

BTW, congrats, it looks awesome and it seems like a sweet deal!

Here is the picture in question, in case you wanted to see what they are interested in:

http://img235.imageshack.us/img235/5283/dscf1697ads2.jpg

Where was it taken, Matt? Somewhere in Arizona or Texas?

I think he meant as far as the format and size. What were the dimensions of your photo?

BTW, congrats, it looks awesome and it seems like a sweet deal!

It was a 1280x960 photo. I sent it to him as is and let him touch it up however he wanted.

Where was it taken, Matt? Somewhere in Arizona or Texas?

It's of part of Lake Mead, with Arizona in the forground. I took this picture when flying from Las Vegas to Houston. It's strange that this photo was the one that fit his criteria: the only reason I took the picture is because I had never seen a desert in the daytime before, so I took a picture of the dry, redish soil.

How did he find out about it? Have you posted it here before or on flickr?

How did he find out about it? Have you posted it here before or on flickr?

I posted it on here in the Western United State section. It was a thread of my pictures of flying from Las Vegas to Houston. The thread more than a year old though; he really went digging to come across it.