Business Wants My Photo For Use On Their Website

I'm a blogger that does product reviews on my website and a company that makes the product I reviewed with photos, has asked if they can use the photo on their website (in order to sell more product). I'm a total newb to selling photos. I'm looking for a simple contract. I'm thinking one-time use, I retain copyrights, and that I receive photo credit. Can anyone point me to a simple contract? I plan to have a professional one drawn up, but this is happening now and I have nothing ready.

Thanks for your help.

There isn't really much need for a professional to draw one up. I just say,

Usage fee: $_____
This is for one time, nonexclusive use on _______________ (name website and page). Use on any other pages of this website subject to additional fees. Use on any other website, including any social media sites, is not covered by this agreement, and would be subject to additional licensing fees. Use on any other media, printed, online, or otherwise, is not covered by this agreement, and would be subject to additional fees. Payment in full to be received via _________ prior to any use of the image.

There is no need to say anything about retaining copyright - the photographer always retains copyright, unless some really unusual arrangement is made.

For this type of web usage you're typically going to be in the $25 - $75 range. Having a lawyer draw up a contract seems ridiculous to me, given the scale of such a transaction.

Thanks, Tom. The professional contract idea stemmed from future sales (I'm ever optimistic!), not so much this one.

I appreciate your time and advice.

I have a contract that outlines a fee and that they can use it commercially without editing it and as long as they give proper attribution such as putting "Photo BY..." under the photo.

Here is the creative commons site. I use Attribution-NoDerivs CC BY-ND
http://creativecommons​.org/licenses/

Blake: when they give the photo byline, do they link to your site? Thanks for your help.

DSLRed wrote in post #17482185
Blake: when they give the photo byline, do they link to your site? Thanks for your help.

That's up to you. I have them post "Photo By BlakeC-Photography.com"
You could just go with "Photo By 'Name''

When they post it on facebook it automatically creates a link when they use my url so I go with that.

Gotcha. Thanks.

Generally speaking, photo "credit" and bylines are not something that professional photographers are concerned with. I certainly wouldn't make it any part of an agreement or contract.

Tom Reichner wrote in post #17482317
Generally speaking, photo "credit" and bylines are not something that professional photographers are concerned with. I certainly wouldn't make it any part of an agreement or contract.

I can see that if they are purchasing copyrights for commercial use, but if they want to use it for commercial use and don't want to purchase the copyright, then they can post a byline. Posting it without a byline looks like you own it. If you don't own it, say who does. That's just my 2 cents though. You can go about it anyway you want. I've had a few of my photos "ripped off" and used in other places, then they take credit for my work. As much as I try to be humble it just bugs me too much so I do it this way now. Like I said, it's a different story if they want to buy copyrights.

I've taken a number of business related classes over the years, and anytime the subject of contracts comes up professors always hammered on the point that you want dates, what aspects the contract relates to (Job, items, money, etc), who all is involved, and who is responsible for what.

I'm not sure if dates are strictly required in all regions, but it seems like a fairly good bit of info to be included, such as clearly stating when the agreement beings. (Even if you're including approximate dates worded to be flexible if solid time frames on projects can't be hammered down.)

BlakeC wrote in post #17482351
I can see that if they are purchasing copyrights for commercial use, but if they want to use it for commercial use and don't want to purchase the copyright, then they can post a byline. Posting it without a byline looks like you own it. If you don't own it, say who does. That's just my 2 cents though.

The business world doesn't work like that. People don't "assume you own it" they assume the company paid to use it. In many cases the companies don't buy the copyright, they just license the image. Even so they aren't going to clutter up their extremely expensive ad space by putting photographer credits. I just looked in the newspaper + its weekend magazine and not one of the ads had a photo credit.

Photo credits and watermarks are what you use when you are not getting paid. Professional photographers get paid (and understand that a credit is worthless) so they don't bother. Newspapers may put a photocredit on journalistic images used in stories (in the same way that they put a buy line for a writer) but in many cases they don't. You would need to make sure you negotiated that up front if you wanted it.

BlakeC wrote in post #17482351
I can see that if they are purchasing copyrights for commercial use, but if they want to use it for commercial use and don't want to purchase the copyright, then they can post a byline. Posting it without a byline looks like you own it. If you don't own it, say who does. That's just my 2 cents though. You can go about it anyway you want. I've had a few of my photos "ripped off" and used in other places, then they take credit for my work. As much as I try to be humble it just bugs me too much so I do it this way now. Like I said, it's a different story if they want to buy copyrights.

Every commercial use agreement should involve an exchange of real value. Not a single other supplier of the business will work in trade or for credit. If the business is not willing to offer you $50 to use the photo commercially-then they are clearly telling you they feel that your images are worthless.

Absolutely right, Dan. I don't recall ever - not once in my life - seeing a photo credit for an image in an advertisement. It's just not how business is done.

This thread is an education. Thanks to all who have offered their experience.