OT: Prop Release - Large Companies?

[kendersplace]

Hello all. This is way off topic, but I've come to apprciate the opinions of many of the "pros" here on the forum, thought it was a good place to ask.

I have an idea for publishing a "travel destination" photography book. I have a couple of small / medium publishing companies somewhat interested. I know every photographer wants to be published, and a book is always a long shot - but it looks like the publisher likes my ideas and outlines. The only thing really standing in my way is the property release issue.

This book has no real special info, but rather will be mostly photography of various "extreme" entertainment at travel destinations - such as sky diving, base jumping, and some attractions at theme parks. Could be loosely termed a "coffee table book".

I have a lot of material taken on private property of theme parks owned by Warner Brothers, Disney, and Anheuser-Busch which I would like to use. The question is, I have no idea how to go about getting a property release from such large companies.

I would assume they would want some cut of the revenue, would I pay that directly as the photographer, or is that something the publishing company would handle? This would be a great advertising piece for them, so they would get the benifit of building interest and excitement by the circulation of the book, but I doubt they would just sign off their rights to the property either.

Any help? Where to go next on this?

[robertwgross]

kendersplace wrote:

...
I would assume they would want some cut of the revenue, would I pay that directly as the photographer, or is that something the publishing company would handle? This would be a great advertising piece for them, so they would get the benifit of building interest and excitement by the circulation of the book, but I doubt they would just sign off their rights to the property either.


First of all, you know that you are going to have to contact each of those parks. Start with the public relations office.

Second, there is an old rule of sales and marketing: never ask the question if you can't afford the answer. What I mean is this. Don't ask them to please give you permission to use their park in your photo book, because they might possibly say "no", or they might possibly want to discuss a price.

Instead, you turn it around so that it sounds like it is in their favor, which it is a little. Tell them that you are publishing a book of free advertising that features their park, and you ask them if they want to pay YOU. Then you tell them that since it is THEIR first time, you will let them go for free, and then offer them a very simple property release form to sign.

---Bob Gross---

[kendersplace]

Thank you Bob. That was helpful. I hadn't considered that. I've spent time in the military and I guess it does go back to the golden rule:

"It's always better to beg forgiveness than to ask permission." :)

I do plan to contact each park, just wasn't sure of the best approach.

Thanks.

[Jorge]

I think that getting "a cut of the revenue" will be of very little concern for the sort of companies you mention. What is crucial is if and how your book will affect their image.

If you are seriously worrying about the legal issue you should contact a lawyer specialised in the subject beforehand. Contacting the big companies may get you a "No go" and set you up worse from the start, since by asking you also indicate the willingness to respect a no. Big companies like to control their branding very tightly and will in general have much more to loose than to gain by giving their accept to a project like yours.

Don't give them an easy chance to say no:D

[JB in Indy]

Kendersplace definately go in to talk with them with the attitude that "I am willing to include your property in my book and would be very happy to do so but, I need a release, just to satisfy my legal beagals. Maybe even go in before you shoot the first frame. If they are not agreeable, look elsewhere for that chapter.

Explain the concept of the book and offer to send them a copy of your chapter on them for approval. You may even offer to have one of their PR people write up some stuff that they would like included in the book and be sure to use it.

Another sales push would be to offer the book for sale at their property. You would get another book sold and they would make a small commission. Also be sure to offer a copy to the person your talking with about the release and maybe a few extras for "key" personel.