Approve the Cookies
This website uses cookies to improve your user experience. By using this site, you agree to our use of cookies and our Privacy Policy.
OK
Forums  •   • New posts  •   • RTAT  •   • 'Best of'  •   • Gallery  •   • Gear
Guest
Forums  •   • New posts  •   • RTAT  •   • 'Best of'  •   • Gallery  •   • Gear
Register to forums    Log in

 
FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 31 Mar 2016 (Thursday) 13:45
Search threadPrev/next
sponsored links (only for non-logged)

Magazine wants to publish my photo

 
Stefan ­ A
"The D is supposed to be where the S is!"
Avatar
2,638 posts
Gallery: 11 photos
Likes: 29
Joined Jan 2006
Location: Southern York County, Pennsylvania
     
Mar 31, 2016 13:45 |  #1

Hi

So, out of the blue I get an e-mail from a magazine saying they want to publish one of my pictures in their magazine. They found it doing an online search (I assume zenfolio). They want to pay me and have asked me to send them an invoice. They also want me to send them a full res shot which is reasonable. Is there anything else I should be asking or doing? Can someone point me to a basic invoice that is appropriate for this? I am pretty excited about this and my conversation with the art director seems to indicate that they may be interested in future pictures. So, I'd like to get this right.

Thanks,
Stefan


80D, Canon 17-55mm f/2.8, Canon 18-135mm f/3.5-5.6, Canon 50mm f/1.4, Canon 70-200mm F/4L,Tokina 11-16 f/2.8, Canon 100-400 f/4.5-5.6, Kenko 1.4 TC, Canon 580 exII Speedlite, ebay wireless trigger, Genesis 3 light kit
santwarg.zenfolio.com (external link)

  
  LOG IN TO REPLY
olafs ­ osh
I am a nice and fluffy dude
Avatar
1,933 posts
Gallery: 146 photos
Best ofs: 5
Likes: 649
Joined Apr 2012
Location: Latvia and Lithuania
     
Mar 31, 2016 14:19 |  #2

Please keep in mind, that I am fro Europe, but I guess it's the same everywhere... I used to be scared about making an invoice till I made one. Invoice over here needs mine and client's data on /reg.number if there is one, adress, account/ and the actual name of product and price. I made my one design, for that matter. If you drop an e-mail to contacts_at_olafsosh.c​om, I'll send you one as an example.

Just one thing - after they pay, this will go into big brother's records, so be sure to know, if you need to pay any taxes for it [depending are you just a person, or working as individual taxpayer, LTD. or anything.


- Olafs Osh
fb (external link) | instagram (external link) | YT (external link)|OLAFSOSH.COM (external link)|
Give us "Street Photography" sub-forum in P.O.T.N. !

  
  LOG IN TO REPLY
FarmerTed1971
fondling the 5D4
Avatar
7,352 posts
Gallery: 66 photos
Best ofs: 2
Likes: 5915
Joined Sep 2013
Location: Portland, OR
     
Mar 31, 2016 14:47 |  #3

Make sure to have a usage clause in there. You don't want them to keep using the image besides what they are paying you for.


Getting better at this - Fuji X-t5 & X-t3 - 16 1.4 - 35/50/90 f2 - 50-140 - flickr (external link) - www.scottaticephoto.co​m (external link)

  
  LOG IN TO REPLY
olafs ­ osh
I am a nice and fluffy dude
Avatar
1,933 posts
Gallery: 146 photos
Best ofs: 5
Likes: 649
Joined Apr 2012
Location: Latvia and Lithuania
Post edited over 7 years ago by olafs osh.
     
Mar 31, 2016 14:51 |  #4

FarmerTed1971 wrote in post #17956086 (external link)
Make sure to have a usage clause in there. You don't want them to keep using the image besides what they are paying you for.

Isn't that completely different document rather than an invoice?

///not saying, that it's not needed, of course :]


- Olafs Osh
fb (external link) | instagram (external link) | YT (external link)|OLAFSOSH.COM (external link)|
Give us "Street Photography" sub-forum in P.O.T.N. !

  
  LOG IN TO REPLY
FarmerTed1971
fondling the 5D4
Avatar
7,352 posts
Gallery: 66 photos
Best ofs: 2
Likes: 5915
Joined Sep 2013
Location: Portland, OR
     
Mar 31, 2016 14:53 as a reply to  @ olafs osh's post |  #5

It could be, but doesn't have to be.


Getting better at this - Fuji X-t5 & X-t3 - 16 1.4 - 35/50/90 f2 - 50-140 - flickr (external link) - www.scottaticephoto.co​m (external link)

  
  LOG IN TO REPLY
TustinMike
figment of our collective imaginations
Avatar
6,509 posts
Gallery: 944 photos
Best ofs: 1
Likes: 10140
Joined Feb 2011
     
Mar 31, 2016 14:54 |  #6

Congratulations !!


I'm mainly here for the snacks

  
  LOG IN TO REPLY
Alveric
Goldmember
Avatar
4,598 posts
Gallery: 38 photos
Likes: 1061
Joined Jan 2011
Location: Canada
Post edited over 7 years ago by Alveric. (3 edits in all)
     
Mar 31, 2016 16:05 |  #7
bannedPermanent ban

FarmerTed1971 wrote in post #17956092 (external link)
It could be, but doesn't have to be.

Yup, you can add terms to the invoice. A number of us do:

Usage License
This license is strictly limited to the terms and conditions below, and governed by the Copyright laws of [country], as specified in the [country's] Copyright Act:
Licensee: [Client*] *(said magazine)
Licensor: [Photographer]
Date: [MM-DD-YYYY]
Duration: [Perpetual/X Years]
Region: [Worldwide/Continent/Re​gion/Country]
Exclusivity: [Non-Exclusive/Exclusive]
Media: [Unlimited/Limited]
Quantity Rights: [Unlimited/Limited]
Credit: [Photographer]
Restrictions: Cannot be resold to third parties; cannot be altered besides resizing and/or cropping to match output.
Any other use of the Work by the Client shall require a separately negotiated license.

Invoice Terms
Advance invoice is payable upon receipt before the start of production.
Final Invoice is payable upon receipt. A late charge of 1.5% per month will apply after 30 days. License usage rights are transferred upon full payment of this invoice. Failure to make payments voids any license granted and constitutes copyright infringement . All rights not specifically granted in writing, including copyright, remain the exclusive property of [Photographer].

That's what I use. I've remarked in bold and red what is crucial your terms have.


'The success of the second-rate is deplorable in itself; but it is more deplorable in that it very often obscures the genuine masterpiece. If the crowd runs after the false, it must neglect the true.' —Arthur Machen
Why 'The Histogram' Sux (external link)

  
  LOG IN TO REPLY
Stefan ­ A
THREAD ­ STARTER
"The D is supposed to be where the S is!"
Avatar
2,638 posts
Gallery: 11 photos
Likes: 29
Joined Jan 2006
Location: Southern York County, Pennsylvania
     
Mar 31, 2016 16:26 |  #8

Thanks for the advice. Alveric - so you just list these items on a sheet and ask for a signature? As far as the actual invoice, should anything special be included. I just need a way to request the money and make sure it covers everything that needs to be covered.


80D, Canon 17-55mm f/2.8, Canon 18-135mm f/3.5-5.6, Canon 50mm f/1.4, Canon 70-200mm F/4L,Tokina 11-16 f/2.8, Canon 100-400 f/4.5-5.6, Kenko 1.4 TC, Canon 580 exII Speedlite, ebay wireless trigger, Genesis 3 light kit
santwarg.zenfolio.com (external link)

  
  LOG IN TO REPLY
Stefan ­ A
THREAD ­ STARTER
"The D is supposed to be where the S is!"
Avatar
2,638 posts
Gallery: 11 photos
Likes: 29
Joined Jan 2006
Location: Southern York County, Pennsylvania
     
Mar 31, 2016 16:31 |  #9

Also, I am note sure what I should put for Exclusivity and Media. What are those for?


80D, Canon 17-55mm f/2.8, Canon 18-135mm f/3.5-5.6, Canon 50mm f/1.4, Canon 70-200mm F/4L,Tokina 11-16 f/2.8, Canon 100-400 f/4.5-5.6, Kenko 1.4 TC, Canon 580 exII Speedlite, ebay wireless trigger, Genesis 3 light kit
santwarg.zenfolio.com (external link)

  
  LOG IN TO REPLY
travisvwright
Goldmember
Avatar
2,057 posts
Gallery: 21 photos
Likes: 214
Joined Feb 2013
Location: NC
     
Mar 31, 2016 16:40 |  #10

Stefan A wrote in post #17956189 (external link)
Also, I am note sure what I should put for Exclusivity and Media. What are those for?

Typically that's whether you are agreeing to not license the photos to anyone else for the duration of this license.


I come here for your expert opinion. Please do not hesitate to critique or edit.
70D, 6D, Canon 135, Tamron 28-75 2.8, Tamron 70-200 2.8 VC, Canon 50 1.4, Canon 100 2.8 Macro, Canon 85 1.8, Canon 10-18 4.5 STM

Franklin NC Photographer Travis Wright (external link)

  
  LOG IN TO REPLY
Alveric
Goldmember
Avatar
4,598 posts
Gallery: 38 photos
Likes: 1061
Joined Jan 2011
Location: Canada
     
Mar 31, 2016 17:07 |  #11
bannedPermanent ban

Stefan A wrote in post #17956184 (external link)
Thanks for the advice. Alveric - so you just list these items on a sheet and ask for a signature? As far as the actual invoice, should anything special be included. I just need a way to request the money and make sure it covers everything that needs to be covered.

Stefan A wrote in post #17956189 (external link)
Also, I am note sure what I should put for Exclusivity and Media. What are those for?

Take a look at this sample invoice (I just blurred my client's info):

IMAGE: http://diamantstudios.ca/Gemeines/Bilder/Sample_invoice.jpg

That's what an average invoice looks like, give or take some details. Note that I appended the licence terms below the concepts and pricing, so that it's all in one page (since you're invoicing for only one item, it should definitely fit in one sheet). The big black box is where YOU sign the invoice (you can scan your signature and keep it as an image file for future use).

To avoid myself headaches with extensive micromanagement, I simply use 'Unlimited' for media: this allows the client to use the images on printed materials, as well as web sites, or even video footage.

Exclusivity is another animal, though –one you need to be careful with. In a nutshell, you'd want to use 'Non-Exclusive' as that allows you to continue to use your own photo and/or licence it to other clients/parties. You need to check with the magazine if this will fly with them. If they require certain or full exclusivity, they'll tell you, then you decide whether it's worth it to grant it or not. If you need to grant 'Exclusive' terms then you'd also need to change the Duration field from 'Perpetual' to a reasonable number of months or years (again, check with the magazine); because if you give someone 'Perpetual & Exclusive' that's not unlike giving them the copyright, essentially. When you grant exclusive rights, nobody else can use/display/licence said image, not even yourself.

If you want a more in-depth explanation, you can refer to this fragment of a publication I was preparing**: Copyright Matters (Beta document) (external link).

______________
**Do note that such publication is intended for client education purposes, and in no way constitutes professional legal advice. ;)

'The success of the second-rate is deplorable in itself; but it is more deplorable in that it very often obscures the genuine masterpiece. If the crowd runs after the false, it must neglect the true.' —Arthur Machen
Why 'The Histogram' Sux (external link)

  
  LOG IN TO REPLY
Stefan ­ A
THREAD ­ STARTER
"The D is supposed to be where the S is!"
Avatar
2,638 posts
Gallery: 11 photos
Likes: 29
Joined Jan 2006
Location: Southern York County, Pennsylvania
     
Mar 31, 2016 17:22 |  #12

Awesome - thanks.


80D, Canon 17-55mm f/2.8, Canon 18-135mm f/3.5-5.6, Canon 50mm f/1.4, Canon 70-200mm F/4L,Tokina 11-16 f/2.8, Canon 100-400 f/4.5-5.6, Kenko 1.4 TC, Canon 580 exII Speedlite, ebay wireless trigger, Genesis 3 light kit
santwarg.zenfolio.com (external link)

  
  LOG IN TO REPLY
olafs ­ osh
I am a nice and fluffy dude
Avatar
1,933 posts
Gallery: 146 photos
Best ofs: 5
Likes: 649
Joined Apr 2012
Location: Latvia and Lithuania
     
Apr 01, 2016 09:01 |  #13

I'll incorporate this into my invoice as well! Thanks, man!


- Olafs Osh
fb (external link) | instagram (external link) | YT (external link)|OLAFSOSH.COM (external link)|
Give us "Street Photography" sub-forum in P.O.T.N. !

  
  LOG IN TO REPLY
Tom ­ Reichner
"That's what I do."
Avatar
17,636 posts
Gallery: 213 photos
Best ofs: 2
Likes: 8386
Joined Dec 2008
Location: from Pennsylvania, USA, now in Washington state, USA, road trip back and forth a lot
Post edited over 7 years ago by Tom Reichner. (7 edits in all)
     
Apr 02, 2016 10:37 |  #14

Stefan A wrote in post #17956029 (external link)
Hi
So, out of the blue I get an e-mail from a magazine saying they want to publish one of my pictures in their magazine. They found it doing an online search (I assume zenfolio). They want to pay me and have asked me to send them an invoice. They also want me to send them a full res shot which is reasonable. Is there anything else I should be asking or doing? Can someone point me to a basic invoice that is appropriate for this? I am pretty excited about this and my conversation with the art director seems to indicate that they may be interested in future pictures. So, I'd like to get this right.

If you want to have a continued working relationship with this magazine, then the best thing is to do things in a casual, easygoing manner. Act as if you do this all the time, and that it is no big deal.

The vast majority of my invoices are emails; just send an email reply that is personable and friendly, then say something like, ".......now for the fine print". And then have some fine print:

"This agreement is for nonexclusive one-time print use for the attached image to be used in (name of publication). This agreement does not allow for this image or the rights to reproduce it to be extended to any third party. This agreement does not include any internet usage, including use on social media or the publication's home site, or any other website. Publication of the image will signify an acceptance of this agreement."

I have always found that just an email reply is what works best, and have never had any editor ask for a printed hard copy to be mailed. Nor have I even had anyone ask for the invoice to be created in a word document. Just typing it into the body of an email reply has always been good enough, and I've worked with a lot of magazines.*. I have never found that an actual signature is necessary.*. Remember that to them this is no big deal; every month they have to use several, if not dozens, of photos, and they often allot only one day to photos for every issue. So to them it's just a bunch of red tape they have to crank out so they can move on to the other stuff that is demanding their attention.

*Really big magazines that operate under a much larger parent company often have a contract that they ask you to print, sign, and scan or fax back to them, but that is quite exceptional and always something that they, not you, would initiate.


"Your" and "you're" are different words with completely different meanings - please use the correct one.
"They're", "their", and "there" are different words with completely different meanings - please use the correct one.
"Fare" and "fair" are different words with completely different meanings - please use the correct one. The proper expression is "moot point", NOT "mute point".

  
  LOG IN TO REPLY
olafs ­ osh
I am a nice and fluffy dude
Avatar
1,933 posts
Gallery: 146 photos
Best ofs: 5
Likes: 649
Joined Apr 2012
Location: Latvia and Lithuania
     
Apr 02, 2016 10:52 as a reply to  @ Tom Reichner's post |  #15

You're tight - actual signature isn't required anymore, but almost every time I have worked for companies [not private persons] their accountant asked for an invoice, which I privided in a neat PDF. If not for yours, it's for their conveniance - they don't need somebody's saved e-mails in their documents folder; and you don't want to be THAT guy as well. I strongly suggest to create nice invoice docs instead of using just plain e-mail.


- Olafs Osh
fb (external link) | instagram (external link) | YT (external link)|OLAFSOSH.COM (external link)|
Give us "Street Photography" sub-forum in P.O.T.N. !

  
  LOG IN TO REPLY
sponsored links (only for non-logged)

6,477 views & 10 likes for this thread, 7 members have posted to it and it is followed by 8 members.
Magazine wants to publish my photo
FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
AAA
x 1600
y 1600

Jump to forum...   •  Rules   •  Forums   •  New posts   •  RTAT   •  'Best of'   •  Gallery   •  Gear   •  Reviews   •  Member list   •  Polls   •  Image rules   •  Search   •  Password reset   •  Home

Not a member yet?
Register to forums
Registered members may log in to forums and access all the features: full search, image upload, follow forums, own gear list and ratings, likes, more forums, private messaging, thread follow, notifications, own gallery, all settings, view hosted photos, own reviews, see more and do more... and all is free. Don't be a stranger - register now and start posting!


COOKIES DISCLAIMER: This website uses cookies to improve your user experience. By using this site, you agree to our use of cookies and to our privacy policy.
Privacy policy and cookie usage info.


POWERED BY AMASS forum software 2.58forum software
version 2.58 /
code and design
by Pekka Saarinen ©
for photography-on-the.net

Latest registered member is semonsters
1465 guests, 131 members online
Simultaneous users record so far is 15,144, that happened on Nov 22, 2018

Photography-on-the.net Digital Photography Forums is the website for photographers and all who love great photos, camera and post processing techniques, gear talk, discussion and sharing. Professionals, hobbyists, newbies and those who don't even own a camera -- all are welcome regardless of skill, favourite brand, gear, gender or age. Registering and usage is free.