Too little? Should I take it?

[goobers314]

I took a picture of our house because we are selling it. We have a website (http://blythewoodestate.com/photos.php)
and I took most of the pictures on it, including the first one taken twilight. A man contacted my dad about using the picture for a documentary.

This is his original email.

> Hello,
>
> Your home is beautiful, as are the photographs on your website. I
found your site after doing a Google photo search for "house at night."
I am a producer of documentaries and on occasion need photos of homes
that look, well, quintessentially American. Your home certainly fits
that bill.
>
> Is the photo of your home taken at dusk under copyright protection --
or may I use it if proper credit is given? And, if so, to whom do I
credit for taking the photo?
>
> Thank you for considering my question, and I look forward to your
response.Dad went on to toss out most of my leverage by giving my age, 17, my
status as hobbyist, and willingness to work for a little bit of nothing
the man emailed back offering $100, for what I believe to be exclusive
rights to the photo.

An interesting twist is that they have already used the picture in
a trailer to the documentary, without permission, written or otherwise.

A link to the trailer is here. (http://store.amspg.com/poa/)

This seems to be a fairly large production and I'm pretty sure they're
offering too little but wanted ask ya'll before I begin negotiations,
because I really would like to have my picture used for a little
bit of nothing, if you know what I mean.

[sonshine_rae]

That is a pretty small amount of money........

You might look into making a counter offer of slightly more.. and/or including in a counter offer a 'license' for the photo.. limiting their usage. So that they would need to contact you for further usage permission (aka pay you more).

IF you can get a hold of it I am reading an excellent book about this sort of thing right now, it's called 'Licensing Photography' by Richard Weisgrau and Victor S. Perlman.

It would be sad to lose all rights to your photo...... which could (if they pushed it) even mean you could no longer use the photo yourself even.......

[3Turner]

I think that since they used the photo already in that little commercial, you have your leverage to ask for more since they used it without permission, it's copyrighted by you and they should have asked. Do not let them try to get exclusive rights to the photo...its yours, you don't want to lose the ability to possibly resell it again. They are interested in it, why wouldn't anyone else be interested?

[mkuriger]

since they already used it, you can name your price. they're gonna have to pay it or redo their video.

[goobers314]

So what do you all think price range wise?

Dad replied, with my input, like this.


Brad,
I talked to my son Benjamin who took the photos and he is not ready to sell it for $100. Go ahead ahead and send the forms, but we would like more details concerning your usage of the photo and budget for the project(s). Also give him more details on what rights you would be interested in purchasing.
Thank you,
Marvin

Is this the right direction?

[3Turner]

Yes, right direction...but you may want to also include the fact that you know that they used the photo already without your permission.

[MJPhotos24]

They already stole the photo and used it without permission, unless your dad mentioned they could use it as you said he gave away any leverage. If not they had no right to use it without permission and post it on there site. Exclusive deal for that little of money is a strict no! One time usage in the online trailor only, ok maybe for that price but it is definately to little for all rights usage.

[MJPhotos24]

So what do you all think price range wise?

Dad replied, with my input, like this.



Is this the right direction?

right direction, and with no offense the wording sucks, ha. Re-write it in a more professional manner, but I'm a perfectionalist about things like that when sending business emails (obviously not on messageboards) that it takes me forever to send one at times.

[goobers314]

Thanks for the help everyone. I'll try to work on the wording next time. :)

And, no, he was never given any sort of permission to use it. He was clearly told that we weren't ready to transfer rights.

[Box Brownie]

Congrats on getting interest in your image(s).

In addition to the guidance above and about which there are many threads here at POTN. I have looked at the video on the site you link to and the inclusion of the image in that subject matter in very interesting from one perspective i.e. are you happy for it to be used for that purpose (it is clearly a worthy & important subject but could it taint further usage of the image if it became associated with such domestic violence). This follows on from your need for "them" stating explicitly up front what they wish to use the image for, what is the period of time they want to have the usage for ....etc and offering a much more acceptable fee.

I wonder if it will pay you in the short term to not reveal that they have used it already, in other words subject to how they respond to your negotiating with them and the replies you get you could hang them with their pre-emptive unauthorised use of the image.

Best of luck :)

[P51Mstg]

I saw your last post, you should be shooting house pics for realtors, VERY VERY NICE


They DID already steal the pic. As posted above..

First, you have a copyright when you clicked it. Father can't sell your pic, its yours. The company was asking if it was REGISTERED with the copyright office. If it is not, then you are entitled to damages based on what you would sell the pic for (which is $100 the price daddy quoted), they aren't going to pay anything since you can't afford a lawyer to collect it over $100 in income.

The time to register it is 90 days after you offer it for sale. That was when daddy talked to them. Posting it on a website is NOT offering it for sale.

NOW you need to send your pic to the copyright office within 90 days. That allows you to get staturory damages which are $25,000 per use. They are already into you for $25,000. You will need a lawyer that does this to squeeze the cash out of them.

If you need a lawyer, PM me I know a heck of a good one who will beat a new car out of them for you. Make the ba$$tards pay.

Mark H

[PhotosGuy]

NOW you need to send your pic to the copyright office within 90 days. Just so you don't miss it, I see no point in registering one image when you can do a group on CD for the same $45 price?

[mchong75]

AMS is just around the corner from my place. Want me to give them a visit? :)

[Savannah79]

[quote=MJPhotos24;3688176]....and with no offense the wording sucks, ha. Re-write it in a more professional manner, but I'm a perfectionalist about things like that when sending business emails....quote]

So-- you're a "perfectionalist" about wording? :D (Isn't the correct term "perfectionist"?)

Just teasing- no offense intended!

[LBaldwin]

I too agree that they have already stolen the image. First thing to do is get it registered, it was not shot commercially so there may be some wiggle room there.

Contact Carolyn Wright, www.photoattorney.com
Also I would suggest getting her book on photographers legal issues.

I am not however suggsting sueing any one at this stage. Realiiy the image should garner between $250-500 perhaps since it was taken without your knowledge you may get a bit more.

Come up with a price add 10-15% and see what they come back with.

good luck.

Les

tell Dad that this could easily have gotten 2-3k for a large production.

[MJPhotos24]

[quote=MJPhotos24;3688176]....and with no offense the wording sucks, ha. Re-write it in a more professional manner, but I'm a perfectionalist about things like that when sending business emails....quote]

So-- you're a "perfectionalist" about wording? :D (Isn't the correct term "perfectionist"?)

Just teasing- no offense intended!

I'm offenddeddeded. Actually idk, I use spell check for reel ledders and all that, not message bored stuff, being dyslexic I see things differendly, I'm youneek I tells ya, youneeked! Oh so many mistakes in there, ha.