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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 02 Jan 2017 (Monday) 13:45
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When to grant exclusive rights, etc.

 
Cbutterworth
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Jan 02, 2017 13:45 |  #1

OK, so got a good photo of a Christmas decoration. I posted a quick copy of it in a previous thread, a small'ish jpg on 500px and the BBC used it as one of their reader's photos. That latter was a one-time usage right.

So, I am thinking of emailing the manufacturer a low-res, watermarked version to see if they want to purchased full, exclusive rights.

In doing this I assume I'd lose the ability to sell it elsewhere. But that about in a personal online portfolio or on my Facebook album?

Maybe, I'd be better off offering it via 500px marketplace.

Any ideas would be appreciated.

Charlie




  
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Scott ­ Spellman
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Post edited over 2 years ago by Scott Spellman.
     
Jan 02, 2017 14:37 |  #2

While it may have the most value to the manufacturer, you can offer many other options besides exclusive rights. You can offer use for X years non exclusive, social media only, copyright transfer, etc. You dont have to loose the ability sell or use elsewhere. Since it has already been posted online by the BBC, exclusive use is long past a meaningful option. Most companies never purchase rights for non-commissioned photos for this exact reason.




  
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travisvwright
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Jan 02, 2017 14:49 |  #3

I think the answer to "When to grant exclusive rights?" is "When someone pays for it".


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Cbutterworth
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Jan 02, 2017 14:51 |  #4

Duh..... of course "exclusive rights" would not be possible now - Thanks for pointing that out.

Charlie




  
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Dan ­ Marchant
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Jan 02, 2017 21:13 |  #5

Scott Spellman wrote in post #18230921 (external link)
....Most companies never purchase rights for non-commissioned photos for this exact reason.

This ^
It is always worth contacting the company but the odds are that they wont be interested. Most companies of any size at all have a marketing plan which is planned a year in advance and requires particular images to go with it. Unless your image just happens to exactly match what they need it isn't going to be of any use.


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Tom ­ Reichner
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Post edited over 2 years ago by Tom Reichner. (5 edits in all)
     
Jan 02, 2017 23:31 |  #6

Cbutterworth wrote in post #18230868 (external link)
OK, so got a good photo of a Christmas decoration . . . . . and the BBC used it as one of their reader's photos. That latter was a one-time usage right.

So, I am thinking of emailing the manufacturer a low-res, watermarked version to see if they want to purchased full, exclusive rights.

It doesn't seem like you can offer exclusive rights, because first rights are no longer in tact. Why? Because the image was already used by the BBC. The only exclusivity you can offer is from this time going forward. If you enter an agreement with the manufacturer that says, "exclusive rights", and then they find out it has already been used elsewhere, you could be in alot of trouble for breach of contract.

.

Scott Spellman wrote in post #18230921 (external link)
Since it has already been posted online by the BBC, exclusive use is long past a meaningful option.

Yup! Exactly right, Scott.

.


EDIT:
D'oh! I didn't see this (quoted below) when I wrote my post. That's what I get for posting before I read the other responses.

Cbutterworth wrote in post #18230932 (external link)
Duh..... of course "exclusive rights" would not be possible now - Thanks for pointing that out.

Charlie

.


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When to grant exclusive rights, etc.
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