Things to consider when someone wants to use my picture?

[jimbok]

Hi All,

I have been using this online album called flickr for awhile. Recently, I've received a message from a flickr member mentioning that he/she wants to use one of my picture for his/her website flash banner. He/she asked if I allow them to use it and would I charge them if I let them use.

My question is, what should I do? I have not encountered this before and I'd like to hear from you guys on your opinions on what I should do? Thanks!


P.S. I am not here to promote any website or whatsoever, just need some guidance from you if you have encountered this before.

[ExplorerZ]

Originally Posted by jimbok Hi All, I have been using this online album called flickr for awhile. Recently, I've received a message from a flickr member mentioning that he/she wants to use one of my picture for his/her website flash banner. He/she asked if I allow them to use it and would I charge them if I let them use. My question is, what should I do? I have not encountered this before and I'd like to hear from you guys on your opinions on what I should do? Thanks! P.S. I am not here to promote any website or whatsoever, just need some guidance from you if you have encountered this before.

i think charging or not is up to you... if you want(and if he agrees), you might even add a tiny watermark at the corner of the pictures.

[delong72]

Their various factor involve in the usage of photographs.
Whether is to be used commercially. Which region will your photographs be used. What kind of media. How many prints(if media is print). For how long. Is it an exclusive usage? All ownership rights given?
All these factors will affect the cost of your photograph.

My opinion is I wouldn't advise you to allow usage of your photographs unless your photographs are managed by a stock photo agency because they will help you handled whatever business aspect necessary.

But ofcos it all comes down to how much you value your photographs but then again, most people doesn't know how much their photograph is valued and most people under than professionals would undervalued their own photographs.

You shouldn't give free usage as long your photographs is to be used commercially.

[jimbok]

Thx for your input guys, the person actually wanted to use my photo in his/her flash banner, so I was thinking it should be alrite as long as they do not remove my watermark in my photo (thx ExplorerZ ). So I think it's fair for me too as long as they do use my photos to sell for money.

[XC Pictorial]

Ask yourself if this is your hobby or are you at least a freelancer or professional.

To a hobbist, i think someone wanting to use ur image is pretty much a compliment. So long he doesnt misuse or sell it, why not?

To a freelancer or professional who needs to justify cost, yes you must charge, and at a professional rate please.

[StreetShooter]

I recently had a run-in with a local company that had been using pictures from my personal web album to advertise their site. My daughter's classmate had noticed the pictures and told her about it.

I was horrified that most of the pictures on that site (including some used on a flash-banner) were of my son and daughter and their schoolfriends.

A few issues surfaced. Would people who knew me think I was running this business as a sideline? Wasn't it an invasion of my privacy to use my personal family pictures on a commercial site? I have said before (with regard to photos submitted for competitions) that I would be flattered at this, but I take that back now. More importantly, what if the parents of my children's schoolfriends saw their kid's pictures on the site and asked me about it? What would I say?

I wrote in to the company managing the website. To their credit, they immediately took down my pictures and replaced them with other pictures within 1-2 days.

[look4raymond]

I think if the asker wants your picture for non-commercial reasons, maybe can require them to acknowledge you as the photographer & put your link somewhere to promote you.

[wrkshy]

You might also want to consider limiting the use of your image for a period of time - for example, 6 months, or shorter. If the person wants to continue using your picture, they'd have to ask your permission again.

Reason being: people do change their website content over time, and if in the future this website contains stuff that you don't like or agree with, it's easier to say 'Time's up, stop using my image'.

[wrkshy]

Originally Posted by StreetShooter I recently had a run-in with a local company that had been using pictures from my personal web album to advertise their site... I was horrified that most of the pictures on that site (including some used on a flash-banner) were of my son and daughter and their schoolfriends... Wasn't it an invasion of my privacy to use my personal family pictures on a commercial site? I have said before (with regard to photos submitted for competitions) that I would be flattered at this, but I take that back now. More importantly, what if the parents of my children's schoolfriends saw their kid's pictures on the site and asked me about it? What would I say? I wrote in to the company managing the website. To their credit, they immediately took down my pictures and replaced them with other pictures within 1-2 days.

What the company did was out of line and irresponsible. If they're in the business of managing websites then they really ought to know better than to use someone's pics without permission.

That said, you might want to consider making your more personal albums 'private' and viewable only by invited friends and family members.

Not to scare you, but I am aware of one case online where a woman (a bit psychotic, I think) downloaded pictures from other people's web albums, uploaded it to her own and posted her links to her online friends telling them they were pictures of her own kids. It's terrible when people take advantage of and abuse good web resources like image sharing sites.

[Lmodel]

Originally Posted by StreetShooter I recently had a run-in with a local company that had been using pictures from my personal web album to advertise their site. My daughter's classmate had noticed the pictures and told her about it. I was horrified that most of the pictures on that site (including some used on a flash-banner) were of my son and daughter and their schoolfriends. A few issues surfaced. Would people who knew me think I was running this business as a sideline? Wasn't it an invasion of my privacy to use my personal family pictures on a commercial site? I have said before (with regard to photos submitted for competitions) that I would be flattered at this, but I take that back now. More importantly, what if the parents of my children's schoolfriends saw their kid's pictures on the site and asked me about it? What would I say? I wrote in to the company managing the website. To their credit, they immediately took down my pictures and replaced them with other pictures within 1-2 days.

You actually have a good case against the errant site. Get a lawyer to draft a letter for the misuse of the photos and ask for compensation. A reasonable amount should be within the region of $1k to $3k. Most would usually pay up to avoid a lengthy court case since they have no grounds to fight. That's how Streetdirectory.com managed to sue so many people for the misuse of their maps.

Btw, save a copy of the website as evidence before proceeding.

[ellery]

Originally Posted by XC Pictorial Ask yourself if this is your hobby or are you at least a freelancer or professional. To a hobbist, i think someone wanting to use ur image is pretty much a compliment. So long he doesnt misuse or sell it, why not? To a freelancer or professional who needs to justify cost, yes you must charge, and at a professional rate please.

I think you are missing the point here. The use was without acknowldgement and without prior premission. Think about it carefully; your family pictures and your kids friends use say in dating site setup or what ever. That is not a compliment, it is more like visual rape; used without your consent.

I had some pictures (nature work) in use on some sites; but with my premission and with credit line in my name but those were like 5 to 6 years ago and these are purely educational sites.

Today for educational sites I'd probably allow them to use it foc but for any site with a commercial slant they will have to talk about money with me first. Bottom line if it's used to line your pockets, I'd want a cut too as well as the credit/copyright line and a limitation on the time period and usage of. This applies even for non professionals, it is about respecting yourself and what you do.

Also any thing with people who can be identified should not be use (with or without payment) simply because you do not have the model's consent to use their image in this way. The phrase letter of demand would be some thing you could see if this occurred.