selling a picture

[DozerLYP]

So I saw this add on craigslist, and the guy was looking for a picture of dogs humping or doing something sexual. and he would pay $50 for the one he picked. So I send him a sample of this picture (http://photography-on-the.net/forum/showpost.php?p=4170692&postcount=86), and he liked it.

Now I have to sign a release form so he can use it as he want. I never sold a picture before, and I would like you guy to tell me if this contract is what it should be. and if it's safe for me to sign.

http://i109.photobucket.com/albums/n56/dozerlyp/Acopy.jpg

[DozerLYP]

also, am I loosing all my right on this picture by signing it?

[Box Brownie]

Unless anyone else reads this differently, IMO the document means for $50 you are selling the image and all rights including copyright to the guy i.e. you will no longer have any rights of any nature to & over the image.

The devil is in the detail of section 1 and in section 2 you are agreeing to the 'fact' that the image is yours to sell to him.

Do you really wish to do that for $50 ???

:)

[Perry Ge]

Yeah you're giving away all your rights to the photo, it seems. So if he uploads it to some doggy porn site and makes thousands off of it, he has all the rights to the photo and you have no say or cut or any thing. It also says that he gets all rights, and if you make any more money off the photo, it's his money.

I'd charge $500-1000 for that.

[DozerLYP]

he sent me this contract. how could I change it so i could still have the right of it.

I'm new to this, so bare with me...

should I send him this email.

"one more thing, for $50 I am selling you the image, I'm not giving up all rights to this picture. I 'll give you the right to use it as you please, make all the money you want with it. but I'm still the owner and have all right of this image. If you want me to sale you all the right of this image, the price is $500 and I'll even erase it form my hard drives."

[Uhland]

Id ask for $100 for that photo full rights.
Its not a very good photo imo.
Fits his needs tho.

Perhaps even offer him $40 for unlimited use but not the rights just to show you are not trying to haggle him up.

[civicseth]

I would just do it. I mean, would you use the photo for anything else anyways?

[DozerLYP]

here he changed it to this after I sent him the email.
and I told him to give me a copy of the calender...:)

http://i109.photobucket.com/albums/n56/dozerlyp/Ccopy.jpg

[hooookup]

Replace the word "selling" with the word "LICENSING"
As in, "I am licensing the aforementioned photo to you for $50."
Never ever ever sign away your copyright!! It's one of the most important aspects in the business of photography.

[hooookup]

here he changed it to this after I sent him the email.
and I told him to give me a copy of the calender...:)

http://i109.photobucket.com/albums/n56/dozerlyp/Ccopy.jpg

The "LICENSE" portion of that contract would have me running away from this guy as fast as I could. He changed the wording around so that he can have his cake and eat it too.
I would re-write that section and give him a year limited non-transferable license for the calendar only. If he would like to license the photo for any other uses I would negotiate a seperate contract and charge a seperate licensing fee.

[primoz]

Otherwise I agree to never give away copyright of a photo, not even for $1000, but let's be realistic... Does anyone at least a bit realistically expects to get $500 from this particular photo? Personally I would take $50 for this photo and say thank you. I mean, it's not really something what would normally bring any money at all.

[hooookup]

Otherwise I agree to never give away copyright of a photo, not even for $1000, but let's be realistic... Does anyone at least a bit realistically expects to get $500 from this particular photo? Personally I would take $50 for this photo and say thank you. I mean, it's not really something what would normally bring any money at all.

As a professional photographer working in Hollywood, I protect my copyright vigorously. I don't care if it's $50 or $5,000, I refuse to sell myself short. I've licensed images of absoloute nobodies, "celebrities" below D List status, and made good money off of someone I never expected to see a dime from.
In this case, it's not the particular photo it's the principal..

[primoz]

I agree about principals but everything has its limits :) For normal photos I completely agree. I sell photos, but not copyrights, no matter for how much money. But suggesting $1000 for this particular photo, just because someone read somewhere, that you shouldn't sell copyright for under $1000, is a bit ridiculous. But it's not my photo, and therefore not my problem :)

[DozerLYP]

thanks for the replies guys. But I already signed it. like I said, this is my first time selling a picture, and not something I do for a living. I might in the future expend my Photographic hobby into a making money side job. I know I will never make any money from this particular picture in the future. But you guys have gave me some good pointers for the future
I would re-write that section and give him a year limited non-transferable license for the calendar only
Replace the word "selling" with the word "LICENSING"
Next time I sale a picture I will make sure this is in the contract and the licensing part. I for sure did not want to sale the copyright to him for $50, but I don't care if he uses that picture as he want. If he gets rich out of it, it will teach me a lesson, but at least I'll have one of my picture being seen all over the world (witch I really doubt) that I can still take credit for.

[DozerLYP]

that's cool, the guy just sent me an email to ask me if I wanted to have my name on the picture to take credit for it. I told him to put my website.