UK South-East "Mainly Under 5'11" Gossip Thread (5)

Anke wrote in post #8750118
I'm thinking of calling the owners and explaining the situation that someone saw the photo I took and then offered to buy it, and then asking if they can.
What do you think of that solution?

Would you not then have to explain that it was up for sale even with the constraints of an editorial sale it is still "selling" isn't it???

The owners may not understand the difference ~ come to that even I am not sure I understand (completely) how one can sell such an image for editorial use but not 'commercial' usage? My head is starting to ache

Box Brownie wrote in post #8750151
Would you not then have to explain that it was up for sale even with the constraints of an editorial sale it is still "selling" isn't it???

The owners may not understand the difference ~ come to that even I am not sure I understand (completely) how one can sell such an image for editorial use but not 'commercial' usage? My head is starting to ache

I wasn't going to mention it was already on sale, I would just mention someone saw it.

KCY wrote in post #8749903
Here's a little something i made,

Many many thanks to Mike for letting me use his drawings!!

Hope you like it

EDIT: made it smaller and slower

That is great!! No end to the talent here

Chris
Is it definitely private property? It just looks like a normal street to me

adrian5127 wrote in post #8750234
Chris
Is it definitely private property? It just looks like a normal street to me

Definitely private. I'm always being asked if I'm a pro and if I'm shooting commercially and always say no, of course, because I'm not.

Anke wrote in post #8750183
I wasn't going to mention it was already on sale, I would just mention someone saw it.

Ah! just be carefull if you go that route to not dig yourself a whole.

Put yourself in their shoes......
you) someone saw my picture and wants to buy it
them) oh, where did they see it
you) on the www
them) please give us a link
you) er! Alamy
them) we have used Alamy before, that is a commercial sales site, isn't?
you) yes it is but I flagged it as editorial and now they have a client............

etc etc. When do you stop digging the hole that maybe you should have not started. I am being devils advocate here so possibly the best route is to negotiate with Alamy for the sale with some disclaimer being written into for you? If their client is that keen to use it the image that they will (effectively) pay to obtain the usage permission.

Hmmmm! just had a cynical thought, who is the client??? Is there a remote possibility that it is a representative of the owners........all the more reason to work Alamy and caveat the matter via Alamy to avoid getting burned. Edit - I am sure I read somewhere that some companies such as Ferrari pay folk to trawl the www to find if their intellectual property rights are being used without permission ~ that is what I was trying to describe 'here'.

Box Brownie wrote in post #8750268
Ah! just be carefull if you go that route to not dig yourself a whole.

Put yourself in their shoes......
you) someone saw my picture and wants to buy it
them) oh, where did they see it
you) on the www
them) please give us a link
you) er! Alamy
them) we have used Alamy before, that is a commercial sales site, isn't?
you) yes it is but I flagged it as editorial and now they have a client............

etc etc. When do you stop digging the hole that maybe you should have not started. I am being devils advocate here so possibly the best route is to negotiate with Alamy for the sale with some disclaimer being written into for you? If their client is that keen to use it the image that they will (effectively) pay to obtain the usage permission.

Hmmmm! just had a cynical thought, who is the client??? Is there a remote possibility that it is a representative of the owners........all the more reason to work Alamy and caveat the matter via Alamy to avoid getting burned. Edit - I am sure I read somewhere that some companies such as Ferrari pay folk to trawl the www to find if their intellectual property rights are being used without permission ~ that is what I was trying to describe 'here'.

I am getting a bit nervous on it. The buyer is already accepting all responsibility but I am thinking of calling the property owners and explaining the dilemma. i.e. someone wants to buy my image they saw, we'll both earn out of it, what do you say? They either say yes or no really.
What do you think?

The buyer is a large telephone directory company apparently, nothing to do with the property owner.

Anke wrote in post #8750418
I am getting a bit nervous on it. The buyer is already accepting all responsibility but I am thinking of calling the property owners and explaining the dilemma. i.e. someone wants to buy my image they saw, we'll both earn out of it, what do you say? They either say yes or no really.
What do you think?

As perhaps indicated above I am looking at possible scenario.

So, were I in your shoes [note - not knowing the background to who said questioned you about your use of the images & indeed not knowing what weight you attach to the future 'rights' of picture taking access there & also possibly how long ago that image was taken]. How well do you know the owners? Is it a chat over a drink to explain type of relationship or a can I speak to Mr Smith a week come Thursday at 4pm type

My preference would be to negotiate only with Alamy ~ if I could not get them to cover my a*se then I would stick with editorial only. IMO if they can so cover the legal matters then subject to what they arrange and you accept the owners would be equally tied. Think of it this way your RTW blog attracts a lot of attention and I am sure the owners would not like to be seen as obstructive in furthering the reputation and businesses in that private area....???

Sorry, did not mean to ramble yet again.....it is your call but be comfortable with whatever decision you make i.e. make one & take it to the logical conclusion. Just think a 4 figure sum buys a nice lens

Anke wrote in post #8750447
The buyer is a large telephone directory company apparently, nothing to do with the property owner.

Hmm! it is possible such a company has a large budget and could/maybe/possibly stump up the funds to replicate your image with a commercial shoot if they fail to get yours.

Surely with such a 'local' picture this is for RTW comsumption so the owner and the businsses will see benefit from being on the directory (cover?)

See my feedback above.

If it were me I would go ahead with the sale and let the buyer sought out the release.

However if you uncomfortable with this do as you suggest and approach the property owner. You can always say you put it on flickr and that was where it was seen.

As Laurence has said you risk the company going out and replicating your photograph and it would be a shame to risk losing the sale ( you know you want that 1D mkIV which is round the corner )

Box Brownie wrote in post #8750489
As perhaps indicated above I am looking at possible scenario.

So, were I in your shoes [note - not knowing the background to who said questioned you about your use of the images & indeed not knowing what weight you attach to the future 'rights' of picture taking access there & also possibly how long ago that image was taken]. How well do you know the owners? Is it a chat over a drink to explain type of relationship or a can I speak to Mr Smith a week come Thursday at 4pm type

My preference would be to negotiate only with Alamy ~ if I could not get them to cover my a*se then I would stick with editorial only. IMO if they can so cover the legal matters then subject to what they arrange and you accept the owners would be equally tied. Think of it this way your RTW blog attracts a lot of attention and I am sure the owners would not like to be seen as obstructive in furthering the reputation and businesses in that private area....???

Sorry, did not mean to ramble yet again.....it is your call but be comfortable with whatever decision you make i.e. make one & take it to the logical conclusion. Just think a 4 figure sum buys a nice lens

Box Brownie wrote in post #8750508
Hmm! it is possible such a company has a large budget and could/maybe/possibly stump up the funds to replicate your image with a commercial shoot if they fail to get yours.

Surely with such a 'local' picture this is for RTW comsumption so the owner and the businsses will see benefit from being on the directory (cover?)

See my feedback above.

I don't have the best relationship with them, the last time they tried to throw me off the premises as they thought I was a commercial shooter a few hours later the papers, radio and television were harassing them for why they did it. We haven't spoken since. This was a couple of years ago so they might have forgotten, but I doubt it. As you can see, this adds to my dilemma.
The sale would be good for everyone as we'd all make money and the advertising would be amazing. This is what my approach on the phone to the owners is going to be.

adrian5127 wrote in post #8750690
If it were me I would go ahead with the sale and let the buyer sought out the release.

However if you uncomfortable with this do as you suggest and approach the property owner. You can always say you put it on flickr and that was where it was seen.

As Laurence has said you risk the company going out and replicating your photograph and it would be a shame to risk losing the sale ( you know you want that 1D mkIV which is round the corner )

I'm thinking of saying Flickr, but might not just mention anything at all.

Just found out that I took the picture in 2007, the current owners didn't buy the land until 2008 and before it was public property.

Make a difference?

As far as I can see if it was public property when you took the photo then there's no wrong. If you'd sold the photo before they bought it they'd have no comeback so I don't see how it's any different.

As long as all the exif is intact to show that it was indeed taken before they owned the property you will have no problems as far as i can tell.
The only thing is do you be polite and tell them, so they wont kick you off the next time you want to take a photo there?

Have you showed them your Blog? Since you write so positively about the area and review the local businesses, you should be seen as a positive force for RTW, not an evil money grabbing 'tog.

Show them that you have recently gained extra exposure for the area via newspaper articles etc referencing your blog.