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iMod
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Discussion Starter · #1 ·
Hey guys,

Today I received a message over Flickr about one of my photos:

Hi,
I work for a design firm in Atlanta, GA. I'm interested in purchasing the image mentioned below for the FedEx Annual Report that my company is designing and producing. Would you be interested?

Image-
Looking out onto Columbus Circle (with a statue of Columbus himself) and 59th Street (Central Park South) from the Borders bookstore in the Time Warner Center. New York City. April 2005.

Please email me at *** or call ***

Thanks
I'm a little surprised that somebody wants to purchase one of my photos, and I have no idea how this works ... at all! I think a few people here talked about selling photos before, but the search function isn't working. Hope somebody can help me with this.

This is the photo that they're referring to:



Yea, I know, it's not even that good ... don't know why they want it. Maybe it's some sort of scam? :lol:

First, if I sell them this photo, will I retain all the rights to it? I will be only giving my permission for them to use it, right? What sort of legal precautions and measures do I need to follow for this?

Second, what about the price? What do these sort of photos usually sell for?

In general, do you guys have some more advice or something else I need to know before going through with this?

Thanks a lot!
 

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Global Citizen
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First, if I sell them this photo, will I retain all the rights to it? I will be only giving my permission for them to use it, right? What sort of legal precautions and measures do I need to follow for this?
You have to tell them that they won't purchase the exclusive rights for this photo, only the rights to use it. This has to be done in a written form as far as I know. It's best to send him your terms of usage and he has to accept them before the deal.

Second, what about the price? What do these sort of photos usually sell for?

In general, do you guys have some more advice or something else I need to know before going through with this?
First of all, set up a PayPal account. This is usually the easiest and safest way to handle transactions for both sides. As for the prices, they differ a lot.

I usually ask for 60 Euros for a single photo and 100-200 Euros for a panorama photo. But I've seen photographers asking for as much as 250-300 Euros for a single photo and others selling their photos for as little as 20 Euros.
 

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Deacon Blues
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I'm sure somebody will provide specific advice but for the moment, and if you haven't yet, get back right away to them and let them know your interest in the deal, they might be in a rush and choose another image. Also, I wouldn't be too picky about legal stuff because a FedEx Annual Report sounds like a pretty cool credit.
 

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iMod
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Discussion Starter · #4 · (Edited)
Yes, I'm going to get back to them right now. Should I ask them what they're offering for the photo, or let them do the talking, and just say that I'm interested?

Edit: I have just emailed them, expressing my interest in their offer and waiting for further details.
 

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Proud Torontonian
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Come to think of it, I can imagine that photo going really well with a FedEx Marketing scheme.

Oh, and did anyone know that if you look between the E and x in FedEx there's an arrow?
 

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Discussion Starter · #6 ·
Come to think of it, I can imagine that photo going really well with a FedEx Marketing scheme.

Oh, and did anyone know that if you look between the E and x in FedEx there's an arrow?
I also checked out the website from their email, and it seems pretty legit.
 

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Deacon Blues
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Yes, I'm going to get back to them right now. Should I ask them what they're offering for the photo, or let them do the talking, and just say that I'm interested?

Edit: I have just emailed them, expressing my interest in their offer and waiting for further details.
Good, maybe they'll ask for certain file format and size, etc. The next step is to tell them how much are you asking... the numbers that [email protected] mentioned sound reasonable to me, and take into account that when you close the deal you'll need to be ready to get the money... first the money, then the photo.
 

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iMod
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Discussion Starter · #8 ·
Okay, this is what I just received from them:

Hi Sergei,

We are in the design process of the FedEx Annual Report. Your image was placed in a layout as a possible image. We all think it's great.

Where was this image photographed?
Not sure what to make of it. I guess it's one of the images they're considering, but I still don't know the price or anything. I just wrote back asking them to contact me if they do decide on using my photo.
 

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Moderator
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A marketing firm bought a photo from me back in the Winter for an AT&T ad, so I have a little experience.

Take whatever they offer. I dilly-dallied when getting the photo to them, responding to e-mails, etc. They made it clear that if I took too long, they would move on and buy the rights to one of the other pictures that they were interested in. Think of it like George Costanza in Seinfeld ruining that deal: they made an offer, he tried to wheel and deal, and it backfired. George should've just taken the offer. You are in the same situation as George; you are just one option that they have, and they are going with you for now. Finalize the deal before something goes wrong.

Like someone said, make sure they don't own the picture. They should buy a license to use the photo. The license might be for a year, 2 years, or forever, but I don't think that's too big of a deal.
 

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Deacon Blues
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Well, the ball is in their hands... give them all the info they need, keep contact with them, make thinks easy.
 

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iMod
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Discussion Starter · #12 ·
Okay, thanks everyone! Now I'm just waiting for them to get back to me, apparently they're still working on the design and everything, and considering using my photo.

i_am_hydrogen, you should join our SSC Flickr group! I'll add you as a contact and send you an invite.
 

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Gotta lite?
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Some good advice above.

Your photo generally seems a good Royalty Free shot. There are no identifiable faces, and they will probably clone out any advertising on the buildings (if any are present). Microstock agencies sell these types of photos for as low as 50cents, but they probably know this and still came for your photo.

Regular stock agencies would sell this image as Royalty Free for between $20 and $60.

But again, that is based on a stock assumption. Technically, you could charge more, but it does risk the customer looking elsewhere (there is a massive market out there)

This is your first sale, so don't be too fussy about the price. But do as others suggest and incorporate some legal issues regarding use of the photo. Making sure that you retain all copyright and ownership and their use is for one time marketing - unless you sell it as a Managed Rights deal in which you can offer multiple uses over a time period (often 2-3 years) and at a higher cost.

If they want exclusivity, then this increases the cost. You can offer different costs per region, say $200 for North America, $500 Global etc, and then guarantee that this photo will not be for sale to anyone else within those regions for the period (and remove from your flickr site).

If they want full ownership of the photo. The price is of cause going to go up. Start at $800 to $1000. Very unlikely, but you never know.

Just remember, don't push it. They can always find photos for 50cents. But you now have a guide.

I make up a nice portion of my income from photosales, both through microstock, majorstock agencies, commission work and private sales.
 

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Discussion Starter · #14 ·
Thanks for all the advice, everyone!

Here's the latest email from them:

Hi Sergei,

Thanks you for that information. We are interested in using your image still but are waiting on client feedback.

I will be on vacation for two weeks returning on the 13th of June. If one of our Account Executives doesn't contact you while I am away, I will check in with you once I get back to further discuss the image.

Thank you for your time.
Julie
All that's left to do for now is wait.
 

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Cool!! :) You're so lucky someone wants to buy your photo, and this may be your first sale ever, hehe. I hope one day I could make money from my photos too... I took a similar picture to yours when I was at Columbus Circle in NYC in August 2006... maybe I should put all of my city pics up on a photo gallery site and get some interested buyers. :p
 

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iMod
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Discussion Starter · #17 ·
Okay, I have another request for the use of another one of my photos. The other one never got back to me.

It's for this photo:


Hi There,
Great pic.
I am the Marketing and Communications Manager of Canadian Women's Foundation (a registered charity and Canada's only national public foundation dedicated to improving the lives of women and girls). I am currently working on producing our annual report and endowment campaign materials and would like to know if I may use this photo.

Our materials are not commercial. They are used to educate the public about our work and raise funds for the Foundation. The money we raise is used to award grants to organizations across Canada that are working to end violence against women, move low-income women out of poverty and build resiliency in girls. For more info, please visit our site: www.canadianwomen.org

I am looking for images of women in Canada that reflect the diversity in landscape, culture, socio-economic status and abilities.

Please contact me at [email protected].

Thanks so much!
Sarah Ruddle
I wrote them back asking for more information and if there was any compensation and how I would get credited.

Hi Sergei,
Thanks for your response.
This image would be used for our endowment campaign communication materials. The campaign is attempting to raise $20 million which will be invested to ensure that Canadian Women's Foundation can exist in perpetuity. The interest from the investment will go toward funding the Foundation's operations so that 100% of all money that we are donated goes directly to the grants that we award to initiatives across Canada. We fund programs that work in three areas: ending violence against women, moving low-income women out of poverty and toward economic self-sufficiency, and building resiliency in girls.

There is a photography budget for these materials. Please let me know how much you would charge for licensing of this image in the hard-copy pamphlet and possibly on the campaign's web site. I would credit you as follows: Photographer: Sergei Yahchybekov - is that appropriate?

There's one other point that another photographer brought up and I think it's very valid. Because of the nature of the programs that we fund, he was concerned about the possible assumptions that could be made about the people in the images. In response to that, I told him that this piece will talk about the work that CWF does, but will not suggest in wording that the people in the images were program participants. The photographs are intended to convey aspiration and hope and it's my hope that it will come across that this is what Canada COULD look like. In an ideal scenario we would have a release signed by the model, but that's not always possible. Can you let me know what your thoughts are on this?

Best Regards,
Sarah
This is a bit different from the first case. They want to use it for a pamphlet and possibly online. How much should I ask for for this type of usage?

It seems what she proposed is a pretty typical way of giving credit. But is it appropriate to ask them to include my website? Especially if they use it on their website, a link would be great. But I guess I'll have to upgrade from Flickr to something more professional, at least for this purpose. How does that sound?

She also mentioned a model release. The girl in the photo is a friend of mine, and I have already asked her for permission. Should I still get her to sign some model release?

Anything else I need to think about?
Thanks for your help in advance!
 

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Gotta lite?
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Advice No.1: Yes, get her to sign a model release. No thoughts about that needed. In a situation like this, even though she is a friend, a model release is vital. Who knows, a serious rift may split the two of you apart one day... Besides, if she is a friend, it will be easy to acquire, presuming she still is happy about signing.

Do a google search for a basic template of a model release. A real basic one can be found here, but you may want to change the wordings or look for something else: http://www.dpcorner.com/all_about/releases2.shtml#Permission

As for price, well that's a bit more difficult because it's a charity organization. Charity organizations like to get charity in whichever form. Basically, they are hoping you will offer it for free. They may still be interested in purchasing but will probably hope for a "charity offer". For normal commercial work, considering this is not commissioned, and that they probably don't want any exclusivity (which drops the price as you can freely sell it on again further) you could expect between €60 and €300, depending on usage, quantity of publication and size/location of print. However, they don't define the print runs, nor the size of the photo and where it will be placed. Prices can vary enormously.

Here is a quick guide to use for pricing: Basically a calculator. They don't have charity, so maybe educational is the closest. I would email this person and ask the print run, and size/location where the photo will be used.

Keep in mind, the link below is in AUSTRALIAN Dollars, not American or Canadian,!
http://www.ozimages.com.au/stockpricing/calculator.asp

After that, you may want to drop your price if you believe in the charity work as a sort of donation. By your offer for this, it may make them happy and they may remember you again in the future.

In the event that they end up asking for it for free, I would say no. Giving photography away for free hurts the industry. Many photographers make their living, put their food on the table, pay the mortgage and feed the kids from their sales. If people start giving away pictures for free it never is good for the industry. Besides, it's a good shot, and you deserve to make some reward for it's usage here :O)
 

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iMod
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Discussion Starter · #19 ·
Thank You, Justme!

I have written them back asking for that additional information.
I will also get my friend to sign that model release.

They have already told me that they have a budget for this. The birdie is out of the bag, so I can't see them asking for it for free now.

Again, thank you, and I will update you soon!
 

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Registered
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In the event that they end up asking for it for free, I would say no. Giving photography away for free hurts the industry. Many photographers make their living, put their food on the table, pay the mortgage and feed the kids from their sales. If people start giving away pictures for free it never is good for the industry.
Justme, I respect your opinion, knowledge and insight, and agree with nearly everything I've seen you post around here. But I've got to disagree on the save-the-pro-photographers thing.

We can't stop driving cars because it hurts the horse and cart industry. We can't stop selling photos because it hurts the oil-painting industry. If pro photogs can't compete with amateurs, it's time for them to reassess the market. There are plenty of opportunities for the pros to keep feeding their kids - amateurs don't do a lot of stock photos of people in suits shaking hands in front of office equipment, and nobody's going to be able to grab their wedding photos off Flickr rather than hiring a pro.

Pro photography is moving towards a service-based model. Fighting that is fighting the market, and there aren't a lot of professionals in any industry who have succeeded at doing that.

@ Sergei - what Justme says about model releases and pricing is very, very good advice.
 
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