PDA

View Full Version : For Free or Not?


Yeoer
23rd of June 2010 (Wed), 15:11
Hi

I need a little advice.

I photographed some ice formations in the winter, I have now been approached by someone who wishes to use some of them (8 images) for advertising there business.
They were formed on their property and are VERY appropriate for there business (this can not be stressed highly enough as you will NEVER see a formation like it again!). The images are unique as no one else captured the formations as i did.

My question is should i let them use them for free with an acknolegement to me as they have suggested or should i charge?

The second question is should i place any restrictions on them such as limited for advertising and not print reproductions such as posters etc?

Thanks

spiralspirit
23rd of June 2010 (Wed), 15:56
don't let them use it for free and don't do it for a byline. the byline is worthless.

If the want to use your images, they should pay you something. That it was taken on their property doesn't make the images theirs.

DegasGoneDigital
23rd of June 2010 (Wed), 16:05
I would find out the details of the use of the image. Then draw up a detailed agreement on price and use of image. DO NOT release your copyright to them, only license them to use XX number of prints for XX number of copies, from this date to that date...Once You received full payment, then give them digital image......

HappySnapper90
23rd of June 2010 (Wed), 22:25
How did you manage to take pictures of these formation on private property last winter? Did you trespass or were you shooting from a public right-of-way? It could get tricky or messy if you were trespassing. If you were trespassing, and he knows you were, a solution could be to let him use the photos for what his business but also let you use them however you want too.

Pita_146
23rd of June 2010 (Wed), 23:46
How did you manage to take pictures of these formation on private property last winter? Did you trespass or were you shooting from a public right-of-way? It could get tricky or messy if you were trespassing. If you were trespassing, and he knows you were, a solution could be to let him use the photos for what his business but also let you use them however you want too.

If it's a business typically they are "open to the public" and anyone is allowed onto the property unless they have previously been told they are not welcome.

Mike R
24th of June 2010 (Thu), 00:12
He will be using the photos to promote his business, which will increase his sales. So if he is going to be using the photos to make money, you should be paid. You would be surprised to learn the value of your photos, they're unique and cannot be reproduced without new sculptures being made. There are some books that can help guide you such as, ASMP Professional Business Practices In Photography and Best Business Practices in Photography along with Licensing Photography
Another excellent resource is the software fotoBiz, which includes fototQuote but it will cost you about$300. I think it's worth it if you your goal is to grow your business with this type of photography.

Yeoer
24th of June 2010 (Thu), 04:20
If it's a business typically they are "open to the public" and anyone is allowed onto the property unless they have previously been told they are not welcome.

The formations were in an area of a car park/bus turning area which is open all year round and is clearly viewable from a public highway and not part of the current main attraction.

Part of me thinks the person is just trying it on to get them for free.

Potentally the use of these images could open up a whole new area for them as a winter attraction and thus extend there revenue window, it could also make the particular formation in future a pay per view area although the chance of the formation 'looking' as it did last winter in highly unlikely.

wisv1k
24th of June 2010 (Thu), 04:30
Could we see them? I am curious...

john-in-japan
24th of June 2010 (Thu), 04:37
I think the question specifically is whether or not you were on private or public property when you took the photos. It could have a bearing on your approach. The pros see every shutter push like a cash register button and the hobbyists like the publicity and recognition. The answer seems to waiver in between. Any chance of seing your best shot?
John

photoPanda
24th of June 2010 (Thu), 04:53
Are they going to make money from the usage of the photos? If so, why should you give away your work for free?

Yeoer
24th of June 2010 (Thu), 05:00
This is one of the shots they are requesting. No photoshop to enhance it at all.

The attraction advertises it "Enchanted Dell" full of "faeries", hopefully now you see the relivance.

This is a 100% genuine naturally formed icicle.

http://www.nyphotographic.co.uk/share/Ice.jpg

Different people see 'her' different ways... i see her stood side on looking to the right... she could almost be playing a harp!

To be honest if they had only requested 1 image i would have thought too much about it but 8 is a bit different.

spiralspirit
24th of June 2010 (Thu), 05:23
that you took pictures of something that is theirs or on their property does not mean they have any right to the pictures, just that you might not have any right to publish them yourself. The business has no claim on your pictures except what you give them, and as was said before a "credit" or byline is worthless.

Gatorboy
24th of June 2010 (Thu), 06:23
You MUST get paid, and not via photo credit.

RDKirk
24th of June 2010 (Thu), 07:26
I think the question specifically is whether or not you were on private or public property when you took the photos. It could have a bearing on your approach.

The fact that the public was given free access to the area and was thus not "trespassing" probably makes a significant difference.

See: Update on the Lawsuit Against Benjamin Ham for Photographing Private Property (http://www.photoattorney.com/?p=447)


http://www.photoattorney.com/?p=447

HappySnapper90
24th of June 2010 (Thu), 10:27
This is one of the shots they are requesting. No photoshop to enhance it at all.


But I think you will need to do something to it, it seems rather bland as it is now. Help the view see what you want them to see and how the business wants people to see it.

Maybe remove the branch/twig on the right side, crop the bottom out that distracts from the ice, a bit of tone curve work, tune the WB, etc.

ssim
24th of June 2010 (Thu), 12:15
If the potential customer has seen the images as they are and are happy with them then I wouldn't make any changes to them.

In your original post you say that they are a business and I think that this is your answer. I am not sure what they sell but would they give you something for nothing as long as you put a link to their business somewhere. Have you ever tried to take a photo credit to the bank and deposit it. Most people will see the photo and do their ooh's and awe's but in a week they won't be able to remember your name or probably the website they saw it on.

TreyPetty1
24th of June 2010 (Thu), 18:19
Agree, get paid, keep us updated. They will make money off of this as should you!

Naturalist
24th of June 2010 (Thu), 18:26
They are in the business to make money and you are too. Set a price you are comfortable with, ask for a İyour name as well and stick to your guns.

Yeoer
25th of June 2010 (Fri), 04:15
I've done a bit of digging and found they want to use them to advertise there 'NEW' season ticket, so like i said they will help extend there revenue window.

I'll let you know the out come.

Karl Johnston
25th of June 2010 (Fri), 04:18
that ice thingie sorta looks like an angel. anyone else seeing it ?

Yeoer
25th of June 2010 (Fri), 05:41
Thats the whole point of these photo's and what makes them special. The more you look at it the more it will look like an angel/fairie. With a bit of PP to enhance it they look amazing!

digirebelva
25th of June 2010 (Fri), 08:13
that ice thingie sorta looks like an angel. anyone else seeing it ?
Same here

MrsKitty
25th of June 2010 (Fri), 09:24
that ice thingie sorta looks like an angel. anyone else seeing it ?

Yep!

A friend of mine lives in the mountains. Every winter her husband sprays water into a clump of trees and weeds and waits to see what happens. A few years ago he got awesome icicles. Some of them started at the ground and went up four feet in a v shape (bigger on top as the table froze up). I froze my ass off shooting those. I had him some prints done of a few of my favorites and framed them. It tickled him to death since everyone who saw the icicles was laughing at him being crazy for doing it.

Sorry about the hijack. :p

PhotosGuy
25th of June 2010 (Fri), 11:26
Granting Single Use Rights (http://photography-on-the.net/forum/showthread.php?t=789133)

Includes a link to : Free photo license agreement (http://www.docstoc.com/search/free-photo-license-agreement)