Hello everyone- I really need some advice

[Treat me like a tourist]

Today i received the following email message on my Flickr account.

Hi Lifecapture

We would like to use ýour picture washline in a advert for our client.
Is it possible to buy it from you and have the picture in high res asap?

I will need to have total buy out on the picture.

We are an advertizing agency located in Denmark and our client who needs the picture are Danish too.
Please check out out website www.adtomic.dk

I hope to hear from you soon and please respond on my other mail:
pernille.hoyer@adtomic.dk

Kind regards Pernille Hoyer


ADtomic Communications
Gasværksvej 16, 4rd floor
DK-1656 Copenhagen V

+45 33556553 (agency dir)
+45 24241539 (mobile)
+45 33252722 (fax)

pernille.hoyer@adtomic.dk
www.adtomic.dk



I would like to know basically how to proceed- as i have no experience at all in such matters. I know alot of you on this forum are pro photogs or earn money as part of your hobby, no doubt you can help guide me.
Any advice or information would be of benefit.

Many thanks in advance.

Andrew.

btw this is the image in question.
http://farm1.static.flickr.com/38/145538945_ec9e1dc69f.jpg

[MJPhotos24]

Key words in that e-mail is "total buy out". What that means is they own the rights to the image from now on, you cannot sell it to anyone else. Contracts will be involved and if you want to use it in your portfolio from now on, that has to be stated in the contract that you can use it for your own use, but not sell it to anyone. This of course means the price goes up because all future sales are gone from a total buy out.

Commercial photography is where the money is - so would tell them you'd be happy to discuss a fee and would like to know there usual buyout price. They may low ball you, and you should think of a number you would sell ALL rights for - personally unless it's over $1,000 I'm not even thinking about selling the rights.

[Treat me like a tourist]

Hey MJ thanks for the quick response. The total buyout did freak me a bit, i have had a few people ask to use a few shots of mine before now, but never buyout.
$1000 seems alot, but i will take your experience in such matters. I shall draft a response tmrw and post it on here so people can chip in their advice on it. In the mean time i would be grateful of anyone elses opinions.

Many thanks again.

Andrew.

[Pyromaniac]

I wouldn't sell them full rights. I think exclusive rights for a certain period of time would be a better deal for you.
I would also want to know what they are going to use the shot to advertise and how it will be used. If it is going to be plastered all over Denmark in print ads and billboards then that gives it more value, If it's only going to be use in a few locations in stores then thats not as much value and the price should be adjusted accordingly.

[Don28]

I have had a similar interest with one of my images. I have gone back to them asking how many prints they will be using (brochures) and how long they intend to use my image for.

Would anyone be able to point me to a standard contract I could use - eclusive rights for a certain period of time?

Also, does one provide a high image copy to teh client? Do you post it up for them to download or send them a cd with the image by post?!?

I'm sorry, am such a noob in this area :P

[Mike R]

Get a copy of ASMP Professional Business Practices In Photography It's published by the American Society of Media Photographers and is loaded with information to help you. I feel that it will be helpful even if you're not in the US. You can find it on Amazon.

[Treat me like a tourist]

Thanks for the responses guys here is a copy of an email i received.

Hi Andrew
Thank you for quick reply.
We usually work with imagebanks as getty images and they would give a price for a picture like this . Total Buyout approx 1.341,80 Euro.
If you can agree on this price I would like to buy it from you asap. I will need an invoice from you and info how to transfer the payment to you. If you by any change feel that your Photo is more expensive, I will have to turn you down.

My client is Novozymes ,project called Dream. Enzymes for washpowder. The picture will be used in business to business material. Sales tool elements etc.

I will need the picture in high res and agreement terms on the total buyout on the invoice.

Looking forward hearing from you
Regards Pernille Høyer

[MJPhotos24]

OK, how much is that in U.S. dollars? No clue what the translation is there :)

[Rachel24]

About $2,200

[blackshadow]

Sounds like a great deal; well done!

I'd make sure that part of the deal is that you can use the advertising as part of your portfolio though.

[MJPhotos24]

Just remember the most important detail, because of my quick response I get 25% of the costs, and of course typing fee at $20/word plus interest starting...now.

Congrats, definitely try to get the right to use the advert for portfolio usage.

[ozziepuppy]

It is an absolutely beautiful photograph.

[Karl Johnston]

Sounds like a done deal.

2200 $ US is a great deal for buying out the rights.

Even if they do low-ball you, sometimes its great to just go with the deal if the image is one you dont really care about, 500 $ is better than 0 for what will sit on your HD anyway.

[AmandaM]

I think it's only about $1700 USD. But that's still seems like a decent amount.

1,341.00 EUR

=

1,764.34 USD

[snails]

Today's exchange rate is around $1.3=€1.

[camerageorge]

Unless the photo has massive resale potential I'd seriously consider that amount!

[MJPhotos24]

Unless the photo has massive resale potential I'd seriously consider that amount!
You don't know much about commercial photography do you? Very normal price there for commercial purposes.

[ChrisRabior]

For what they're offering, a total buyout isn't a bad way to go. Their offer certainly isn't a bad one by any means.

However, if you're really hung up on keeping the rights, consider what others mentioned above: exclusive use for X amount of years. I'm guessing that the amount they're willing to pay to 'buy out' the photo is more geared towards an interest in being the ONLY ones using the picture, and not having to relicense from you every time they want to use it (web, print, publication, brochures, etc). An exclusive license might give them exactly what they want, for a little less money, and let you keep the rights to your image. At that point, you have to decide how much less you'd take in order to keep your rights, and hope they're willing to pay that much.

Either way, congrats on the business contact. If they really like your work, maybe you'll get lucky and they'll come back again for more in the future.

[freo]

Just from the exchange tool on the vista sidebar its about $1,756.513 US

[Don28]

sounds like a nice pay day! :) just thinking what lens I could buy if I had that money :) hehehehe...