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JDMist3hFastar
14th of July 2008 (Mon), 16:54
Hey everyone, for the first time I am having one of my photos being used as an advertisement. The CU Boulder study abroad office contacted me today about a photo I took while I was in Egypt on Semester at Sea. They asked if they could use it in an add on the school bus as well as in a new pamphlet they are putting out. I was wondering if there is anything I need to make sure I do with this photo? They said they would give me photo credit anywhere it was used but I want to make sure that I still have rights to my photo. This is the photo:

Original:
http://farm4.static.flickr.com/3269/2669153342_95b0d71ff0_b.jpg

Edited:
http://farm4.static.flickr.com/3110/2669155024_75b9ccf4c9_b.jpg


If you guys had some tips on PP that would be great too. Thanks!

Aszental
14th of July 2008 (Mon), 17:54
is image editing ok for you?

(can turn it on in your profile)

basroil
14th of July 2008 (Mon), 18:11
Hmm... if it's good enough to be used for brochures, you should have told them "That'll be $250 for one time use for 20000 copies. Would you need anything else with that?"

Getting published is good and all, but if they are willing to pay, let them do that as well.

Wilt
14th of July 2008 (Mon), 18:36
Make sure you have a written agreement about the usage of the photo, with explicit permissions stated, so that later there is no mistake and some new staff member misinterpreting use of the photo into broader use than you originally permitted!

As for fee, you might merely want to barter 'I get to sit in and audit one class for one quarter/semester' rather than money.

And GET SOME EXIF information on that photo with your name in it!

JDMist3hFastar
15th of July 2008 (Tue), 03:48
Make sure you have a written agreement about the usage of the photo, with explicit permissions stated, so that later there is no mistake and some new staff member misinterpreting use of the photo into broader use than you originally permitted!

As for fee, you might merely want to barter 'I get to sit in and audit one class for one quarter/semester' rather than money.

And GET SOME EXIF information on that photo with your name in it!

I'm not completely sure what auditing a class will accomplish. I thought that means just sitting in and seeing if its a good class or not. Am I missing something? How do I get said EXIF data with my name on it? This image is not from a SLR but from an old Canon SD500 if that makes a difference.

Hmm... if it's good enough to be used for brochures, you should have told them "That'll be $250 for one time use for 20000 copies. Would you need anything else with that?"

Getting published is good and all, but if they are willing to pay, let them do that as well.

I thought about that but I would rather not scare them away haha. This is my first photo anywhere so I'm not too worried about the money. I'm just pumped that they like it.

is image editing ok for you?

(can turn it on in your profile)

Yep, thats fine with me. I turned it on

tim
15th of July 2008 (Tue), 04:52
Put a watermark on that photo, and upload it to the same URL. The processing looks good to me. As other have said make sure you give them a written license.

When you deliver the photo enlarge the canvas in photoshop, and around it put basic usage rights and your contact details. They can crop it to get what they want. If they don't know how offer to send them another version, but ask them to only keep the one with the info around it.

Wilt
15th of July 2008 (Tue), 10:37
I'm not completely sure what auditing a class will accomplish. I thought that means just sitting in and seeing if its a good class or not. Am I missing something? How do I get said EXIF data with my name on it? This image is not from a SLR but from an old Canon SD500 if that makes a difference.

Auditing the class gives you the opportunity to sit in for the full quarter/semester and gain the knowledge without the credits, which you wouldn't have the need for as a graduate.

basroil
15th of July 2008 (Tue), 10:48
I thought about that but I would rather not scare them away haha. This is my first photo anywhere so I'm not too worried about the money. I'm just pumped that they like it.


If it's a university, asking for 100-250 will not scare them away. The price to just print and mail brochures is in the tens of thousands, and they will most likely have hired someone to take the other photos. Even if they didn't hire someone specifically for that, they will have a photographer on staff. They will also have publications directors and designers, we're talking about hundreds of thousands of dollars in salaries for the same thing. I think they'll try to bitch a bit but they will accept it.

If it's a high school, you can look lower, 50-150, since their audience is smaller and so is their budget, but most public schools I know do end up hiring someone for publicity, often on the order of thousands of dollars.

It's not really about the money, as you'll have spent far more than 250 to take the shot. It's about them recognizing you as a talented, professional individual they can build a working relationship with. If you don't charge now, you can kiss any future payments goodbye.

JDMist3hFastar
15th of July 2008 (Tue), 12:54
Auditing the class gives you the opportunity to sit in for the full quarter/semester and gain the knowledge without the credits, which you wouldn't have the need for as a graduate.

As I am still a Senior/Junior in college I need to worry about graduating before I can start taking classes for no credit ;)

To everyone else, thanks for all your help. Could someone possibly point me in the right direction of a pre-made release form template that I could look at? That would be great. Thanks again.

Wilt
15th of July 2008 (Tue), 12:58
As I am still a Senior/Junior in college I need to worry about graduating before I can start taking classes for no credit ;)

.

Well, then, ask for a FREE class (no tuition, full credit) as remuneration for the use of your photo!!!

JDMist3hFastar
15th of July 2008 (Tue), 16:27
Well, since I entered the photo into a contest originally (which I didn't even place in might I add) I am not really entitled to any money. I signed something saying they could use it in promotions if they wanted so im SOL there. Oh well.

basroil
15th of July 2008 (Tue), 19:13
Well, since I entered the photo into a contest originally (which I didn't even place in might I add) I am not really entitled to any money seeing. I signed something saying they could use it in promotions if they wanted so im SOL there. Oh well.

Sucks for you. Clear indication to always read the fine print.

JDMist3hFastar
16th of July 2008 (Wed), 15:46
Sucks for you. Clear indication to always read the fine print.

Well I'm not too worried about it. I'm still excited to get my stuff out there and I didnt even think of asking for money before I posted here. Also, I entered it in a photo contest in hopes that people would like my photos...its not like I was going to not do it in fear of someone publicly recognizing me :lol:

basroil
16th of July 2008 (Wed), 16:58
Public recognition is good and all, but after a short time, it's like that naggy friend who keeps asking you for a ride. Yea, you may be going the same direction, but you'll have to go a bit out of your way and spend your own money on gas and repairs.

Sledhed
16th of July 2008 (Wed), 17:29
Nobody cares about credit lines except you and your mama! Most photo contests are only rights grabs for images. To me, if they want the image they pay or they don't get it!

Stickman
21st of July 2008 (Mon), 19:55
They are paying to have it applied to the bus, they are paying to have it on the bus for a set period of time, they are paying to get brochures printed, and they are paying all of those people an hourly rate on top of that if they are using school services.

Why would you be the only one who doesn't get paid?

jaypie77
22nd of July 2008 (Tue), 13:35
Jeez guys, lay off already! The deal is done, it's clear that there isn't a chance for money at this point anyway, and a first-time published credit is a nice mental boost for somebody starting out.

Now make sure they give you a few copies or a PDF of the final product with your stuff on it so that you can throw it in a portfolio or whatever. Just don't rely on the credit to bring you any business, you have to find customers, they probably won't come to you. Good luck now that you know you can take photos and get paid from now on!

basroil
22nd of July 2008 (Tue), 14:11
Oh, and a final note, get signed statement that you can list the school as one of your clients on your website. They might as well provide you with some credibility if they are taking the shot for free.

mattograph
22nd of July 2008 (Tue), 14:20
Okay, okay...... The OP is fine without getting paid, but Wilt's idea still holds -- if never hurts to ask. Even if they comp'd you an hour, or threw you a discount at the bookstore, hey its something.

But being published as a student is something too. Congrats!!! They could have gotten an image from any number of sources, but they picked yours.

Now -- if you have lightroom, you can imbed your EXIF data (personal info, etc) that way.

As an agreement, that might be covered by the contest rules. You may already have the definitive contract in place. Check the contest rules.

Wilt
22nd of July 2008 (Tue), 14:21
Now -- if you have lightroom, you can imbed your EXIF data (personal info, etc) that way..


The OP later said it was a conventional film image which was scanned in to become a digital file.

mattograph
22nd of July 2008 (Tue), 15:08
The OP later said it was a conventional film image which was scanned in to become a digital file.

You should still be able to tag the digital image with copyright info -- I used the term EXIF a little loosely........

amfoto1
22nd of July 2008 (Tue), 17:58
As an alum of U of C Boulder (Journalism, '80) myself, I say donate the usage of the photo. Besides, you don't appear to have much choice, under the terms of the photo contest you entered.

But, read the terms of the photo contest carefully and insist on signing a proper, written usage license with them, especially if it's necessary to modify or clarify the contest agreement you have already signed.

A license might say:

*************************************************
(name), here-in-after referred to as Photographer, hereby grants (name of grantee... U of C?), here-in-after referred to as Licensee, limited, non-exclusive usage of photographic image described in detail below.

Licensee's usage is limited to printing press run of no more than xxxxs copies which might be printed and distributed by the vendors of Licensee's choice, in full color (or B&W), in a size not to exceed (xx X xx) as part of an advertising brochure. Additional usage granted to Licensee at this time by this license is (xx) copies to be printed and distributed by vendors of Licensee's choosing as part of of advertising placard for exterior (or interior?) installation on bus(es) for a period of time (describe the time period these will be displayed, they should know what it will be... Maybe there's a better way to describe this latter usage).

Photographer retains all other ownership of copyright of described photograph and may at his/her discretion license usage of image to any other parties, without any limitations (note: they may ask you to limit this slightly, such as no directly competitive usage, such as by another school, or a limit geographically, such as no other usage with Colorado for perhaps a year or some other agreed, but limited time that covers their usage).

This license does not permit Licensee to in turn resell/license usage of this image to any third parties for any other usage. Nor does it license any subsequent usage by Licensee, beyond what is described above, without further written agreement between Photographer and Licensee.

Both parties to this license agree that photo credit will be given. Credit should read: "Photo by (name)" or "Copyright (year), (name)". Credit will be immediately adjacent to or within the image area of the photo, typeset in a contrasting and legible font not smaller than 10 point.

Image # ____________________ Made on date ____________________
(attach thumbnail of image?)

signed _____________________ Dated ______________________

signed ______________________ dated________________________

************************************************** ******************************
On the other hand, if this is an ad promoting Semester At Sea, then I say charge them through the nose. But, that's only because I'm still bitter that my sophomore year girlfriend ended up meeting her future husband while on Semester At Sea. ;)

JDMist3hFastar
1st of August 2008 (Fri), 12:44
As an alum of U of C Boulder (Journalism, '80) myself, I say donate the usage of the photo. Besides, you don't appear to have much choice, under the terms of the photo contest you entered.

But, read the terms of the photo contest carefully and insist on signing a proper, written usage license with them, especially if it's necessary to modify or clarify the contest agreement you have already signed.

A license might say:

*************************************************
(name), here-in-after referred to as Photographer, hereby grants (name of grantee... U of C?), here-in-after referred to as Licensee, limited, non-exclusive usage of photographic image described in detail below.

Licensee's usage is limited to printing press run of no more than xxxxs copies which might be printed and distributed by the vendors of Licensee's choice, in full color (or B&W), in a size not to exceed (xx X xx) as part of an advertising brochure. Additional usage granted to Licensee at this time by this license is (xx) copies to be printed and distributed by vendors of Licensee's choosing as part of of advertising placard for exterior (or interior?) installation on bus(es) for a period of time (describe the time period these will be displayed, they should know what it will be... Maybe there's a better way to describe this latter usage).

Photographer retains all other ownership of copyright of described photograph and may at his/her discretion license usage of image to any other parties, without any limitations (note: they may ask you to limit this slightly, such as no directly competitive usage, such as by another school, or a limit geographically, such as no other usage with Colorado for perhaps a year or some other agreed, but limited time that covers their usage).

This license does not permit Licensee to in turn resell/license usage of this image to any third parties for any other usage. Nor does it license any subsequent usage by Licensee, beyond what is described above, without further written agreement between Photographer and Licensee.

Both parties to this license agree that photo credit will be given. Credit should read: "Photo by (name)" or "Copyright (year), (name)". Credit will be immediately adjacent to or within the image area of the photo, typeset in a contrasting and legible font not smaller than 10 point.

Image # ____________________ Made on date ____________________
(attach thumbnail of image?)

signed _____________________ Dated ______________________

signed ______________________ dated________________________

************************************************** ******************************
On the other hand, if this is an ad promoting Semester At Sea, then I say charge them through the nose. But, that's only because I'm still bitter that my sophomore year girlfriend ended up meeting her future husband while on Semester At Sea. ;)
'

Wow that is awesome, thanks a lot! Nope, this isnt an add for SAS...just for CU. Sorry about your GF :( I am home in NY on vacation but when I get back I will have them sign that for sure. Really, thanks a lot man.

DDCSD
1st of August 2008 (Fri), 13:35
The OP later said it was a conventional film image which was scanned in to become a digital file.

Actually, they said it was a Canon SD50, which is a digital P&S camera.

basroil
1st of August 2008 (Fri), 13:42
'

Wow that is awesome, thanks a lot! Nope, this isnt an add for SAS...just for CU. Sorry about your GF :( I am home in NY on vacation but when I get back I will have them sign that for sure. Really, thanks a lot man.

Don't wait. They have a scanner and email. Send it as a pdf via email and have them mail it back or scan to pdf and mail back. The longer you wait the worse it is for you.