Expert: Tricia Scott-Sahler - 4/7/2011

Question
QUESTION: Hi Tricia!
I received an email today from a web designer who says he is interested in buying one of the photos I have posted on Flickr. I would be interested in setting up some kind of arrangement that would allow him to use the photo, but since I have no prior experience with this I'm not sure where to begin.

I'd appreciate any guidance you could give me on figuring out what I could ask to be paid and what kind of license would be fair.

Oh, and here is the photo: http://www.flickr.com/photos/33229436@N06/3099328508/

Thanks!

ANSWER: Hi Nina,

Glad you are asking as many people just give away their images not realizing they should be paid.  Here are some questions you need to ask.
1. How will the image be used?  Print? Web?  Both?

Since he is a web designer I am going to assume it's web use.  So:

1. Who is the client? (to determine the size of the company, and also to be sure it's not being used for something you don't want it used for)

2. Where is the image being used on the website?  Home page, secondary pages? Banner?

3. One time on the site?

4. For how long do you want to use the image?  1 year 2 years unlimited?

Once you have those questions answered we can get a better idea of pricing.  

Tricia



---------- FOLLOW-UP ----------

QUESTION: Hi Tricia!
You didn't indicate if it was ok to send follow-up, so I hope you don't mind.

The web developer is purchasing the photo on behalf of a client. The client wants to use the photo in a banner on their home page for the next year or two. He says the client wants to pay $200-$300 for the image.

When I wrote back I told him I wanted to length of time to be specified and that it would not be exclusive rights. I also asked if he had a contract he could send me (because I'm sure he's done this more times than I have).

I feel like I'm in a little over my head and I'm not sure where to go form here. Are there specific things that should be included in the contract to protect me? And how do I collect payment from him? He seems legitimate, but I am paranoid about disclosing personal information.

Thank you so much for your help thus far!

ANSWER: Hi,

No problem.  Well, prices can range from 350.00 for a small image for a small company to 2000 for a multinational company for one year.  If you know who they are you can price it accordingly.  I'd put it in writing, and have him sign the estimate.  Be sure your invoice spells out the usage, and says no rights are granted until invoice is paid in full, and that you retain ownership in the copyright to the image.  They will more than likely pay you from an invoice.  Definitely look up him and his client and be sure they are for real. Oh and never use the word sell with a photo.  You are licensing them the image, not selling.  You own it.

Hope this helps!

Tricia



---------- FOLLOW-UP ----------

QUESTION: Wow, that was a quick response!

Ok. I will ask him the name of the company.

I don't understand what you mean about putting it in writing and having him sign the estimate. And maybe this sounds incredibly stupid, but how do I even do that when we're in different states?

And as for the usage; you're saying I should specify that it can be used only for the banner on the website's home page and that it will be used only for the specified period of time?

Thank you for the other suggestions about not granting usage rights until the invoice is paid in full. I didn't think of that.

Do you know any website that have good "sample contracts" that I could look at to get an idea of what the contract should say?

And, again, thanks for your help!

Answer
yes, you should specify time and use, email it to him and have him sign it and send back before you send the file.  APAnational.org has great info, as well as your local ASMP.  Not sure what state you are in.


Job Description:
One existing photograph of blah blah for use by xxx company.

Usage License:
One photograph of xxx for use by xxx company for use in a web banner for xxx client. One year internet banner use on the xxx website only. All other rights reserved. Rights are not granted until invoice is paid in full.

Fees
Stock Usage : xxx

Estimate must be signed by licensor:
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