2 groups want to use my photo/video.

I've read the stickies but just wondering if I could get some semi-specific advice.

FIRST, I have a video that WeatherNation asked me about and sent this "agreement":

Hi there,
I represent WeatherNation, LLC, a company that distributes weather information for use and broadcast by a wide range of individuals and news organizations. I just saw your overflowing storm drain video on your channel -- congratulations on your excellent work. We would love to use your video in our national weather segments, but of course would never do so without first asking for your permission. The agreement below states that you will legally allow us to use your video on air.

We would like you to agree that WeatherNation can use and distribute your weather-related video, photos, audiovisual combinations, and other materials that you have already created and that you will create in the future, including material you have posted and will post to websites such as YouTube, Facebook, Twitter, Vimeo, Flickr, etc. (in short, what we will refer to as the "Content").
If you are willing to permit us to use and distribute your Content, we ask that you agree to the following terms:

1. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish and license the Content to WeatherNation as described herein. You further agree that the Content will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to submit the material and to grant WeatherNation all of the license rights granted herein.

2. For clarity, YOU retain all of your ownership rights in the Content. You may use and license the Content to any other person or entity as you see fit. However, by agreeing to the terms of this communication, you hereby grant WeatherNation a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, sell, distribute, prepare derivative works of, publicly perform or display the Content, in whole or in part, in any manner or medium, for any purpose that WeatherNation chooses.

3. You understand that WeatherNation may or may not use some or all of the Content in its discretion.

4. If WeatherNation uses your Content, it or its agents may identify you as the author of the Content unless you request otherwise.

5. You understand that by granting WeatherNation the license described herein, you are not thereby becoming an employee, independent contractor, or otherwise affiliated in any way with WeatherNation.

6. To ensure the highest quality Content and for efficiency purposes, WeatherNation asks you to please submit Content that you have, even if already uploaded or you intend to upload to the weathernation.com website or, directly to me.

***If you are in agreement with the above terms, please state that you agree and accept the above terms, and provide your full name and contact information (address and telephone number) to facilitate future communication. If you prefer that WeatherNation not use your name for attribution purposes, please indicate that in your response (but please still provide the contact information for our records).***

Thank you again for sharing your wonderful video/photos. We look forward to seeing and sharing more of your work.

The only thing that bothers me is the 2nd paragraph about "have created and will create in the future". Just wondering if I could limit that to the 1 video clip they want to use. I'm not even sure if asking about money is even necessary.

SECOND, I got this one today...

I work with Farm Aid, Inc., a non-profit organization that supports sustainable agriculture by providing resources to small farmers in times of disaster or economic hardship. We're interested in using one of your photos for a fundraising event, and we were wondering if it would be possible to gain your permission to do so. We put on a yearly concert to fundraise, and this year it will be held in Kansas City, KS. A large focus this year will be on the farmers affected by the flooding of the Missouri River. We're doing a text-to-donate campaign, and we're interested in your photo of the --------------- to help promote it. Please let us know if this would be possible. If you need any more information please check out our website (www.farmaid.org) or give us a call.

Should I ask about money? Maybe depending on how it will be used? I'm not sure where to start.

For the first one, which is obviously a for-profit organization, I would say something like "Thanks for your interest. What sort of budget did you have in mind for this Content?"

For the second one, which seems to be a legitimate non-profit/charitable organization, you might grant a one-time-use license so they can use the photo at their event, in exchange for photo credit. Or, charge $100 which you immediately donate back to the charity.

nathancarter wrote in post #12787459
For the first one, which is obviously a for-profit organization, I would say something like "Thanks for your interest. What sort of budget did you have in mind for this Content?"

Absolutely agree. Not a chance in Hell I would agree to that as it's written...

That's a nice idea!

If I was somewhat local, I would also explore the possibility of trading the photo for either a couple of tickiets to the concert (Farm Aid gets some major acts) or a credential. Hey, if they liked what I shot already, maybe they'll be open to that, too...

For the 1st One
"you hereby grant WeatherNation a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, sell, distribute, prepare derivative works of, publicly perform or display the Content, in whole or in part, in any manner or medium, for any purpose that WeatherNation chooses."

There saying they can resell your work - I wouldn't want that unless I had a say in what it's for

The second One I would agree to as long as the photo or image has credit attached and I would provide them a bill of sale for the photos worth as a donation

Man, that first contract is just piratical.

I don't understand how charging the charity $100 and then donating $100 does anything for either party? Your net is 0.

You can't deduct the "worth" of the photo either - when you donate something to a charity, you can deduct the value, so in this case it would be printing costs etc. I don't think you can claim that it's worth $10,000 and deduct that.

svarley wrote in post #12802347
Man, that first contract is just piratical.

I don't understand how charging the charity $100 and then donating $100 does anything for either party? Your net is 0.

You can't deduct the "worth" of the photo either - when you donate something to a charity, you can deduct the value, so in this case it would be printing costs etc. I don't think you can claim that it's worth $10,000 and deduct that.

The point would be that he would be making a $100 donation, and as such it would be deductible as $100, whereas if he just donated the image the deduction would be different.

Right, so you have income of $100 and expenses of $100 = 0.

Donate the print and you have may be $8 of expenses you can deduct = -$8. No income to offset the deduction. I'm just curious, that's all.

Post a link to the video!

svarley wrote in post #12802347
I don't understand how charging the charity $100 and then donating $100 does anything for either party? Your net is 0.

It indicates to all parties that the image has value.

To me, it's distinctly different than just saying "Sure, you can have my work for free."

I do not sign contracts unless it benefits me. Without $$$, I do not see why any sane person would give their stuff away now and in the future to a for profit company. Exposure here is worthless. Ask them what their budget is.

FarmAid is a legit charity. The non-exclusive licensing of a photo to a legit charity would not be a problem for me. Tax deductions are good, but only helpful to you if use itemized deductions.

-Scott