Is This Deal Acceptable?

[Jonny]

I have started a new thread on this image as the last one went slightly OT.

The image below is one i took of a local, Historic pub and a local gallery has asked if they can buy some prints to frame and sell.
I have sought permission for a release and this will be signed off tomorrow.

However, the owners have asked that in return for allowing me this release i must allow give them the file (image) to use (possably) for there own purposes. That is the deal.

Do you think this is reasonable?

Also if i go down this route i was looking to use this release http://www.fogstock.com/pdfs/sample_property_release.pdf .

Can someone tell where to insert and how to word a section giving them the right to use this image without handing over too much.
I dont mind them using it in the pub and the odd pub magazine but i would hate to see it in a national ad campaign!!! Also would it be reasonable to insist on a credit for any use thay make of it?

Thanks guys, again!!!

Heres the pic.

http://homepage.ntlworld.com/j.speed/Forums%20Pictures/Tripcol.jpg

[BrandonSi]

Wonderful shot. Can't you just give them a decent sized jpg @ like 150ppi? They couldn't get too out of control with that.

[GyRob]

great shot .
Rob.

[IndyJeff]

I wouldn't take that deal at all. At least not without knowing what they had in mind. Maybe if you can write in the agreement that no commercial use such as ad's or sales outside of their establishment can be done with the file then it might be ok.

I will give you a scenario, the pub owner contacts the gallery and asks how much your selling them prints for. He undercuts you by 40% and the gallery continues to sell the print but the money goes back to the pub and not you. What are you going to do? Nothing you can do as you have given them permission to use it as they see fit.

Ideally I would tell them that turning the file over to them is a deal breaker but, you would be willing to give them a print in a size of their choosing for hanging in the pub. Any other uses they can contact you and negotiate on a case by case basis. Literally they are asking for $1000's of possible future earnings for you for nothing from them. Not a good deal, well not for you.

Lets see, local tourism brochures, ad's in newspapers, a national publication story, calendars, post cards, tee shirts, prints for sale at the pub, a billboard, travel brochures, a book about English pubs, and that is just what I can think of off the top of my head.

I would try real hard to establish a useage fee for each of the above uses and draw up an agreement that for use of the image to the gallery these prices would stay in effect for 3 years for the pub owner.
Realistically, I don't think your looking at a ton of money from the gallery but, the real money would come from the pub owner and what he has planned.
Remember if you establish a price to pitch to the owner, add about 20% and negotiate down. You may let him get you down 20-30% but, he will feel he got the better of you in the deal and you still came out with 60% or better of your original asking price.

[tim]

I wouldn't give away the file.

[Mark0159]

I would 2nd everything that indy has said. I was going to write the same thing that indy did, but then there is no point. once it has been said there is no point in repeating it :)

[Croasdail]

Its an awsome shot.

As far as what you should charge, it depends on what you want out of it. If you are trying to get your name out there and other people to pick up your stuff, you might need to be flexible. Just don't go too far and create a false low value for your stuff. If your not trying to get your name out there, then you can hold out for maximum value. What ever you do, don't give away any reproduction rights to it.

[Jonny]

Guys,

Thanks for all the advice, it is VERY much apprieciated.

Indy,

Do you think i could add something into the release that says that they can use it to display in the pub or the brewery offices but NOT for advertising, promotions or any other publication without my consent. And if they do wish to use it for any other purposes we need to negotiate a fee.

Would that be more reasonable?

I am total novice and this is my first oppotunity to get my name out there....i really want things to run ok. I am not really after the money but then again i dont wanna get shafted!!!

Thanks for your time.