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Thread: 1 of my photo is wanted for a txtbk. What is my next step?

  1. #1

    Default 1 of my photo is wanted for a txtbk. What is my next step?

    One of the US-based Press would like to include one of my photos in its upcoming textbook. And they would like to know if it would be okay for them to use the photograph and whether I have a higher resolution version of it.

    How should I reply to them as this is the first time I am approached for my photo?

    I have lots of questions:

    1. Sell? If yes, how much?
    2. Rights and license? What kind?
    3. Contract? Email based possible?
    4. How to reply?

    Basically, I am honored that one of my photographs is shortlisted for a publication. I do not mind not earning anything but I also understand that I should not spoil the market and to protect my rights. I will at least make sure I get proper credits. And is requesting for a copy of the textbook reasonable?

    Thanks in advance for your advices!

  2. #2

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    That is great, Bean! Congratulations! I don't think that asking for the book is unreasonable.have you asked them re terms or have they asked you to name your terms?

  3. #3

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    Quote Originally Posted by Grub
    I don't think that asking for the book is unreasonable.have you asked them re terms or have they asked you to name your terms?
    The email they sent to me is very short. Just seeking permission to reprint the photo. No terms, nothing. That's all. So, I am here seeking opinions before I reply back.

  4. #4

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    ask for a copy of the textbook and see your picture in it. More valuable to me than any monetary return. A proof of your work is worthy enough or interesting enough for somebody.

  5. #5

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    Make sure they don't ask you to pay for something.

  6. #6

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    1... Give the photo to them and get acknowledgements in the book somewhere....and get them to give u a copy

    2... release the photo to them through a sale....wat rights u want to give them in the release u have to work out....then collect money and keep quiet haha

    alternatively u can have the best of both worlds.... limited rights...payment and acknowdegements...

    for me if its a text book, juz ask for acknowledgements and a copy of the book ya.....
    its to further education anyway ya....

    cheers...

  7. #7

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    Since we do not know what is the photo about, how it was taken, etc. it is probably hard for other CS members to comment. For e.g. if it is extremely unique, there is a chance they may pay for it. But if it is something more 'ordinary' (no offense intended), they may have multiple sources of it. So, if you ask them for payment, there is a chance they may use someone else's photo.

    Just my 2 cents.

  8. #8

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    I think it's quite reasonable that the press pays you for the photo, since they are most likely into publishing textbooks as a business.

    http://photo.net/bboard/q-and-a-fetch-msg?msg_id=009zbw

    http://photo.net/bboard/q-and-a-fetch-msg?msg_id=007old

    Since they are US-based the discussion in the above links should be quite applicable to you as well.

    Of course, sometimes we don't have to make life so complicated, and if you release the photo on a email "yes" agreement without terms, payment etc you implicitly give them the trust to do whatever they deem fit with the photo within their professional interest.

  9. #9

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    You should charge something. Even if it's not a big amount. You'll spoil them if you give it for free. They are textbooks afterall and the company is highly likely in it for profit.
    Look at any stock photography site to give you an idea how much to charge.

  10. #10

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    Quote Originally Posted by StreetShooter
    Make sure they don't ask you to pay for something.
    I agree with StreetShooter. No harm in being cautious--there are too many internet scams nowadays.

    Be wary when they start asking you for money. Don't send them any money, credit number, etc.

  11. #11
    Senior Member
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    Do not sell the copyright to them. Sell them only the rights to use the photo in the publication and only in that publication. State that you retain the rights as the photographer of the work to use it in any other uses you deem fit, and they do not have exclusive rights to the work. If they want exclusive rights to the work, then you should negotiate a much higher price. If it's just a permission to use it, you can charge based on size, resolution, etc.

    Regards
    CK

  12. #12
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    I think getting money back isn't so much as for profit but more as a safeguard into a legally binding contract. Because money is involved, regardless of whatever amount will make the contract valid.

    Bottom line: Request for a token sum regradless of amount and assert your rights to the photo like what ckiang said. This way, the contract is sealed.

    You offer, they accept, they paid you for photo and it was meant to be legally binding (the terms and conditions, your rights and so on). Tadah, contract sealed.
    “How fortunate for leaders that men do not think.” - Adolf Hitler

  13. #13
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    If possible, make them sign and fax/post back your terms & conditions as well. In the case of non-exclusive rights, that will be a measure against them trying to sue you for using the image elsewhere.

    Regards
    CK

  14. #14

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    facing the same issue too.

    company wants to use my photo for their company brochure and not sure what to do or how much to charge.

    any benchmark or guide on charging?

    oso the T&C, any samples which we can use?

    thanks.

  15. #15

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    Thanks to all the responses from you.

    From the advises given, I requested to sell the non-exclusive one-time usage rights. Other than that, I emailed them the standard End-User License Agreement. Within a week, they FedEx the signed agreement and a cheque to me, with a return FedEx envelope for my CD.

    They also agreed to include credits beside the photograph, and a copy of the textbook once it is published.

  16. #16

    Default Amount

    Can you disclose the amount agree on... either by reply or PM? I get the same requests from time to time.

    Tx,
    Robert

  17. #17

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    Quote Originally Posted by r52lanc
    Can you disclose the amount agree on... either by reply or PM? I get the same requests from time to time.

    Tx,
    Robert

    I quoted US$99. They agreed without bargaining. Maybe I quoted too low. The usage of the image is for 1/3 page, black and white, for less than 10,000 copies in North America.

    Also to let you guys know, there will be administrative charges on the cheque by both banks. For my case, US$5 on the US side and S$14 on POSB Bank side. It will take around a week to clear. Thus if you want to earn a certain amount, factor in these admin charges too. For me it does not matter, as I do not expect any payment in the first place.

    Hope this helps.

  18. #18

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    Hi. Could you let us have a look at the photo that was sold? If thats not possible, maybe what kind of photo it was. Thanks.

  19. #19

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    Quote Originally Posted by Soyuz
    Hi. Could you let us have a look at the photo that was sold? If thats not possible, maybe what kind of photo it was. Thanks.
    I feel my photograph is very ordinary, like what nyxx88 said. The textbook will be about religions around the world. You may take a look at my pbase photos. They found my photo there. Not much religious photos around, you can roughly guess which ones...

    http://www.pbase.com/mrbean

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