Applebees poster request

I did some event photography for a business district. I was contacted by the advertising manager that hired me stating he'd been contacted by an agency in charge of renovations at a local Applebees that wanted to use some of my photos on a wall collage. He told me he was getting ready to burn them a cd of images including mine to send the company. I very politely advised him not to include my images, as he has no right to do so based on our licensing agreement. He was also going to send photos from several other photographers, which I explained probably wasn't the best idea. After explaining why, I told him to forward them my contact info. The contract/license they sent him to sign was very open ended and vague.

So, assuming they end up wanting to use my image(s) what is the approach? Charge per sq. In. If used in a mural? What is typical price per sq. In? I've done a search and only found 1 thread and never learned the outcome.

Has anyone ever SOLD an image for use in Applebees? Or do they bank on someone being so excited to have their photo shown off that they just move on to the next sucker when you suggest payment?

Finally, if they refuse to pay, do you go ahead and have it put in for advertising or tell them to shove it? I'm more inclined to the shove it version, just based on what I've read and learned here about valuing what you do as a photographer.

Buchinger wrote in post #13717124
So, assuming they end up wanting to use my image(s) what is the approach? Charge per sq. In. If used in a mural?

don't think i have ever heard of that approach. Normally you charge per image/type of usage... rather than by square inch.

Companies (inc media publications) do seem to like the idea that you work for credit and there is certainly a possibility that they will move on to the next sucker if you ask for money. The key word to remember here is sucker. If you don't give away your image you aren't the sucker, someone else is. People wont be queueing up to buy image off you because your photo is included in a collage that almost certainly wont have your name/contact detail on. Will Applebees give you a free meal if you promise to give them credit on your web site?

It's not advertising. In an advert you control the sell message and you include your contact details. This is just someone getting something for free from you.

Applebee's is a major corporation. They should be used to paying for the images used in their stores.

They should pay or you should walk.

Several area Applebees did renovations lately. One has an extensive display of local high school athletics photos. I do not know if or what they paid.

One of the restaurants in my town approached me about doing the same type of thing. I told him I would love to work with him and quoted him a price that was very reasonable per image. I also gave him a discounted price if he bought in quantity. He wrote a check, was very happy with the framed images I brought him and has since purchased several more.

I would assume that for Applebees this would be a marketing expense and as such they would have a budget for it. Quote them a price.

There's a thread about this somewhere around here. I think it was a McDonald's that used a member's images - without permission at first, then they paid for the license after the photographer brought it to their attention.

^^ the McD issue was mine. The only advice I can give is to figure a fair price for your work, there is even a sticky with 164,334 views to help with that. Applebees certainly does not give away their food with the hopes that you will recommend them to all your friends. If they don't want to pay or even negotiate with you, walk away knowing you are not a chump.

ChunkyDA wrote in post #13723257
^^ the McD issue was mine. The only advice I can give is to figure a fair price for your work, there is even a sticky with 164,334 views to help with that. Applebees certainly does not give away their food with the hopes that you will recommend them to all your friends. If they don't want to pay or even negotiate with you, walk away knowing you are not a chump.

This is the best advice. OP best of luck with the negotiation. Not likely to get much as each are locally owned and the the local franchisee is not likely to pay much as there are plenty of local photographers likely to give away images.

I would say ask for free food, but it is Applebee's, a company that makes a living selling $10 steaks and dinners. I think I would rather have McDonalds. Tell them that they can use the images if they give you a free monthly dinner to Morton's as long as the franchise remains opens so at least you can get a decent steak to make up for them dumbing down America's palate.

I kid Applebee's, but in all seriousness, throw a figure out, if they take it, great. If not, walk away.

nathancarter wrote in post #13719818
There's a thread about this somewhere around here. I think it was a McDonald's that used a member's images - without permission at first, then they paid for the license after the photographer brought it to their attention.

This is quite a different situation as the company had already committed copyright infringement. This put the tog in a stronger negotiating position because McD's lawyers would be advising them that it is far simpler and cheaper to keep the images and pay the tog a reasonable sum, as opposed to risking court action they can't win and having to take down the images and source new ones.

BlurredImage wrote in post #13718703
Applebee's is a major corporation. They should be used to paying for the images used in their stores.

They should pay or you should walk.

Applebee's the brand may be; however, one must remember it is a franchise. National marketing is handled by the corporate office, but, in this case, he is dealing with a local franchisee.

Regardless, one must acquire currency in this situation.

I got an email from the marketing company saying they needed full resolution images to even evaluate if they wanted to use the photos. They also said they were under strict time contraints and needed them as soon as possible, if I could "help them out".

I responded with requests for licensing requirements and budget of the project. I haven't heard anything yet. I'm not holding my breath. Also gave a link to my watermarked smugmug gallery, max size small, for her to review the photos....

I will keep you updated.

I've been part of that process several times at my restaurant's buildouts..... decor company brings a bunch of prints of local sites, we see what works, and trash the rest. Probably depends on whether you want to be paid for what ends up on the wall or for any use at all.... I was not part of the negotiations with the photographers whose work they were.... my honest guess is the only ones who got paid got their work on the wall. If you're not willing to let your work get to that point, it's probably a good idea to move on.

And yes, time constraints are very real with restaurants, especially renovations.

I'm not going to send it in good faith, without at least a suggestion of payment and terms of licensing. That's like signing over the title of your car before a test drive isn't it?

Not to mention, at that point, what is stopping them from using the photos elsewhere? Trust?

Buchinger wrote in post #13725659
I'm not going to send it in good faith, without at least a suggestion of payment and terms of licensing. That's like signing over the title of your car before a test drive isn't it?

Not to mention, at that point, what is stopping them from using the photos elsewhere? Trust?

Agreed - there may be time constraints on the job but that is their problem not yours. They knew when the started work (or should have done) that they would want images. They could easily have started the initial task of talking to togs and discussing the deal while the work was going on. If they really want to do business they will find the time to respond to your questions regarding the actual business deal. What is the point in going to the trouble of sending images and them choosing them, if the terms they eventually offer turn out to be wholly unacceptable.

Still no reply to my request for licencing and pricing clarification. Awful slow to respond for being so excited to talk to me....

I thought this rang a bell -

This has been discussed several times on Sports Shooters, with much of the same results that you are experiencing; excited urgency, then silence when the subject of budgets and licensing is brought up.

My guess, they would love to have your stuff for free (or the equally valuable "Photo Credit"), but they are not willing to pay for the usage.

Here are a couple of links to posts on the Sports Shooters message board about Applebees experiences:

http://www.sportsshoot​er.com …ge_display.html​?tid=27944

http://www.sportsshoot​er.com …ge_display.html​?tid=27944

http://www.sportsshoot​er.com …ge_display.html​?tid=20289

Good luck!