I appreciate all the feedback. My feeling is that this is the type of publisher that scours the web looking for photos to use for free when people agree because they are "published" now. That good feeling I'll get from knowing my photo is in print will do just as much for me as it will for them. It wasn't even a photograph I was trying to do anything interesting with, it received absolutely no post processing. It was simply to document the building of a large item for another hobby (not related to photography) I had at the time, and published in my blog post about how to build such a thing for yourself.
I'm not against giving away my photos, and have offered to do such a thing in the past. Even offered to do entire shoots for free. If it is for the right thing, in my mind. Helping out a close friend or family member, helping an NPO do some good in the world, contributing to the community, etc. But if it's some textbook that is going to be a forced purchase on some college students so someone can make a buck, then they should cut a little piece of that buck off to the owners of the IP they wish to use.
This appears to be a book that is about industrial engineering, design, human-computer interaction, environmental health & safety, something along those lines. I guess I'm being a little vague because I don't want this thread popping up on their radar until after I have handled my negotiation with them. I'll post all the actual details after the deal is either closed or dead.
My assumption is that as soon as I ask for any money, I'll be lucky if I even get a reply saying no thanks. But it's BS in my mind to take other people's IP and use it for profit playing on their unexpected sense of accomplishment. I know they do not want it for its artistic expression, because it's not a great photograph. It's about the content. Even for what they intend to use it for (they told me the caption to be below the image), I have better photos. Or I could create a better photo in about 5-10 minutes. Honestly, I'd prefer to do that, not because I'd be making $100/hour if I spent 15 minutes on it and they gave me $25, but because my name is going to be next to the image and I would like to do something that better represents my skills these days vs an unedited smartphone image from 2008.
I get the feeling my best approach here is not the usual negotiation tactic of giving a higher number than you expect to get and negotiating down. Just giving them my fee for such a thing and that's that. For their purposes, I have many more of the objects that they are using the photograph for, and could put them in the background when recreating the image -- this would be to much better effect for their intended purpose. I would be willing to do that for the same amount of money as licensing this image, and I may consider putting that into my response.
So, I was thinking of phrasing it something like:
Thank you for interest in licensing my photograph. My fee for the usage you requested would depend upon on the size of the image in print (full page, half, quarter, etc.). My fee structure is as follows:
- Full Page $100
- 3/4 Page $75
- 1/2 Page $50
- 1/4 Page $25
- 1/8 Page $20
I feel obliged to mention that in the near decade since that photograph was taken, photographic equipment has greatly improved. Additionally, as it seems you are interested in the photograph for the easily identifiable nature of the [Item names] for a [project build], I would like to point out that I have a much larger collection of [Item names]. For the same fee due to the small nature of your publication, I would be willing to recreate the photograph with the collection of [Item names] in the background rather then the empty white space and broken glass that exists in the photograph you have selected. I believe this new photo would serve your needs better.
Please let me know whom you would like the licensing agreement assigned to, and you may put me in touch with the production contact so I may deliver the image with the appropriate specs.
So, two issues with the above response come to mind immediately. The first thing I would like to address is the phrase "due to the small nature of your publication." I left it in there just to discuss it but think I will cut it out because it feel condescending, unless someone has a good reason that I should keep it in there.
The second and probably bigger issue with the above reply is that it is wordy. I have a problem with that, which is I'm sure is obvious by this point. Per the discussion in this thread, it was mentioned that it wouldn't be worth reshooting it, they aren't going to be interested. But it is more for me, to have a better image with my name next to it. I'm just phrasing it as a gift to them. However, if everyone thinks that it would lessen the chance that I get any money at all, I'll cut it. I don't think it's going to have any impact. I think they are going to see they haven't found someone who is willing to jump up and down for joy that their photo is going to be in a book, and the owner of the IP is asking to be paid for its usage. Upon that realization, I may or may not get a reply back saying we're not interested in paying.