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Old 2nd of June 2010 (Wed)   #1
12months
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Default multiple usage of image to multiple clients- opinions please

Here is my situation:
I have a popular image that has been used in the local tourism brochure/book plus as part of a banner to market the community to a broader audience and is also available as an art print...

The person who originally put it in last years brochure did so again this year and also used it in a similar product for the local area...and rather than paying my fee for these two uses 'they' would like to license the image to use at 'their' discretion. (suggesting exclusivity which I would not consider).

It's a small town and 'they' are two distinct businesses run by two individuals who are 'partners'...and it does concern me that the suggestion of an exclusive licensing of the image would mean that it is being licensed to two businesses...I mean, I don't even know what to charge (on a yearly basis for using the image to promote the town via print/web) let alone to a dual business partnership.
(I really don't know how they operate- I suspect that one actually subcontracts to the other and am confused by this. These are nice but not exactly forthright people- I discovered both usages of the image this year by picking up the current brochure(s) and flipping thru them- they didn't bother to tell me first which is irksome and makes me wonder if I should just charge a fee per use rather than let them do as they like.

Any opinions on what to do, what to charge, what questions I really should be asking would be greatly appreciated.
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Old 3rd of June 2010 (Thu)   #2
RDKirk
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Default Re: multiple usage of image to multiple clients- opinions please

Quote:
The person who originally put it in last years brochure did so again this year and also used it in a similar product for the local area...and rather than paying my fee for these two uses 'they' would like to license the image to use at 'their' discretion. (suggesting exclusivity which I would not consider).
What use rights your original license actually state? Does it actually limit them to one use or one year of use?

If they admit that the original license has expired, you're free to write a new license however you wish it to be...merely annual as before (if that's what it was) and you can limit it to use by that one business if you'd like. You can also state that it is not an exclusive license (although that should be understood unless it says otherwise--the point of stock is that it is not exclusive unless so stated).
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Old 3rd of June 2010 (Thu)   #3
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Default Re: multiple usage of image to multiple clients- opinions please

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Originally Posted by RDKirk View Post
What use rights your original license actually state? Does it actually limit them to one use or one year of use?

If they admit that the original license has expired, you're free to write a new license however you wish it to be...merely annual as before (if that's what it was) and you can limit it to use by that one business if you'd like. You can also state that it is not an exclusive license (although that should be understood unless it says otherwise--the point of stock is that it is not exclusive unless so stated).
Thank you for replying.
The original license was a one time use for the one project. The thing is, they like the photo (it's a banner format of a panorama that can be diced up in many ways) and want to be able to use it for various projects they do to promote the city/community under a multiple use license.
I know I can write up a license to define the usage and limitations...I think I'm even o.k. with the fact that two individual company's would have access to the image...but establishing a price is what the problem would be. Any ideas?
Edit: the image is being used in the official tourism guides for the community- the two of which are published by the two newspapers in town.

Last edited by 12months : 3rd of June 2010 (Thu) at 10:02. Reason: elaborating
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Old 3rd of June 2010 (Thu)   #4
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Default Re: multiple usage of image to multiple clients- opinions please

Have you thought of offering exclusive use of that image at a higher price & also offering a similar image at a lower non-exclusive price? As for, "I don't even know what to charge (on a yearly basis for using the image to promote the town via print/web)", It depends on where in Canada you are & what prevailing rates might be there:
Editorial Photographers Price Estimator

FotoQuote - source of photo pricing information for photographers.

Sticky: How Much do I charge? For your consideration (Multi-page thread)
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Old 5th of June 2010 (Sat)   #5
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Default Re: multiple usage of image to multiple clients- opinions please

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Originally Posted by PhotosGuy View Post
Have you thought of offering exclusive use of that image at a higher price & also offering a similar image at a lower non-exclusive price? As for, "I don't even know what to charge (on a yearly basis for using the image to promote the town via print/web)", It depends on where in Canada you are & what prevailing rates might be there:
Editorial Photographers Price Estimator

FotoQuote - source of photo pricing information for photographers.

Sticky: How Much do I charge? For your consideration (Multi-page thread)
Thank you for the reply- and the links.
I think I will stick with my original plan and invoice them individually. These two people are separate businesses that went and used the image before negotiating and one of them seems to be trying to license the image for both which I don't think is right. It's awkward because one says "I did this one and she did that one" (job) and yet neither of them have their own credits in the publications....guess I will see how it turns out.
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