PDA

View Full Version : NPS Wants To Use My Images...What should I do?


Rhilton4u
7th of December 2009 (Mon), 17:16
A National Park Service representative found a couple of my images on flickr and requested to use them in an upcoming information brochure. I place copyright wetmarks on most of my images at flickr simply to discourage others from profitting off of my work (most of my uploaded sizes are too small to print at high quality, so that deters this as well).

But now I have this NPS rep inquiring about publishing my image on a large scale and distributing it to the public both on paper and on their website:

Ron.

I am wrapping up a couple of other projects before I attend to the CWDW
brochure, but I did take a quick look at the images yesterday. You did an
artful job of taking various perspectives into consideration. I may produce
three different drafts for our team to consider, using three different
images . . .

I understand that payment is based on the final size of the image used and the rights agreed to. I'm not sure if you run a commercial photography
business or not (your fine images suggest that you do), and I'm not sure
what your expectations may be. The most important thing for us to secure
when we choose a final image would be lifetime use rights and rights to
publish the brochure with your image on the internet. Most NPS Unigrid
brochures are not published on the web because they contain so many images that are not copyrighted for that purpose.

So, let me know what your expectations are and if you will be agreeable to allowing us these rights to use your image, once it is selected. Thank you.

Diane Liggett
Writer/Editor
National Park Service

So not being a "real pro" and having never had anything like this offered to me before, I need some advice on what I should do. Should I give the files to her for free since I know it's not being used for profit? Should I charge a fee? If so...what is a normal rate for something like this? Do I need to actually get the images legally "copyrighted"?

Thanks...

Rhilton4u
7th of December 2009 (Mon), 20:46
LOL, don't everyone talk at once! Maybe my question is too complicated? Do I need a lawyer to consult with copyright law? :eek:

philwillmedia
7th of December 2009 (Mon), 21:04
LOL, don't everyone talk at once! Maybe my question is too complicated? Do I need a lawyer to consult with copyright law?

Patience Grasshopper...

Your OP was only 3 hours before this.
Not everyone sits here waiting to answer every question.

Just come to some sort of mutual financial agreement for their use of the image that doesn't prevent you from using the shot as well.
It depends on what they are prepared to spend and how much you think it's worth.
Start higher and go lower if need be.
In my book, there's no hard and fast rule.

Rhilton4u
7th of December 2009 (Mon), 21:09
Patience Grasshopper...



Your OP was only 3 hours before this.

Not everyone sits here waiting to answer every question.Actually I was looking at the number of views (around 70 at the time) not the length of time posted.

Just come to some sort of mutual financial agreement for their use of the image that doesn't prevent you from using the shot as well.
It depends on what they are prepared to spend and how much you think it's worth.
Start higher and go lower if need be.
In my book, there's no hard and fast rule.Thanks for the input...well these shots are really specific - just a cannon overlooking the water. I wouldn't use it for anything personal...but it goes perfect for what they are wanting it for. I just want to make sure I make a proper and professional decision and not make a mistake that I will regret later.

C6Shortimer
7th of December 2009 (Mon), 21:10
Makes sense to me. Go for it and let us know how you make out. :)

Rhilton4u
7th of December 2009 (Mon), 23:41
Any pros on here in the U.S have any other worthy advice other than, "find a price you think they are worth and work it out?"

Thanks...

Nightstalker
8th of December 2009 (Tue), 18:12
The photo's value is what someone will pay for them.

The art of negotiation is finding that middle ground where both you and the customer feel that you have achieved a win-win scenario.

To find the top-end price go have a look for something similar on Alamy or Getty Images and use their pricing calculators as a guide - you will probabloy be amazed at how much they value their images at.

Once you have a feel for that you can start your negotiation.

amfoto1
8th of December 2009 (Tue), 19:13
Hi,

Go straight over to Amazon.com and buy the book "Pricing Photography" by Michael Heron. It's compiled pricing from a wide number of pros and gives examples for practically any sort of usage.

It also defines terminology and provides some forms that you might find helpful.

Your images are already copyrighted... that's automatic the moment you click the shutter.

You just need to register your ownership of the copyright with the US Copyright office. That's a good idea to do with any image before you sell it. There is info on their website about how to register.

Lifetime, unlimited usage is a pretty hefty expectation and would be pretty pricey. Usually it's based upon the press run of the brochure, size and prominence within the brochure. Online it's determined by size and prominence, and number of years duration it may be displayed.

Often there is offered a right of renewal, at some significant discount... for additional online display and/or for reprinting of the brochure.

They didn't ask for exclusivity. That would also increase the price. There are various types of exclusivity... within a geographical area, or exclusive to a particular type of user, or complete exclusivity, for example. Usually for a certain period of time.

Be a little careful looking at Getty and Alamy... They usually aren't offering exclusivity or lifetime, unlimited usage (basically "Royalty Free"). They are sort of "mid-stock" agencies, charging more than so-called microstock, but not as much as traditional stock pricing.

Rhilton4u
8th of December 2009 (Tue), 19:40
Thanks so much to both of you for the information. I know that there are similar questions on here all the time but I couldn't find a situation similar to mine. I'll check out that book and the websites you cited.