Approached about using a photo of mine..what to do?

Guys i got this message on flickr:

From:
Runner0919
No real name given

Subject: Use of Photo
Hello,

My name is Maiteland and I am the owner of a vacation rental company called Nextaway. Our website is www.nextaway.com. We would like to know if we could use your photo www.flickr.com/photos/​prodigy83/4605812470/ on the front page of our website. We would be able to provide a link back to your flickr homepage or any other personal website you might have. Could you please have a look at our site and let me know if we could use this photo as one of our flash images.

Kind regards

Maiteland

What do you think i should do and how to reply???

Sounds like they want to use your photo for free. The link back to you is pretty much worthless as it wont really generate any business. If you want to let them use it do it, or offer to sell them the rights (bet they dont pay).

From: http://nextaway.com/in​fo/terms

By providing any Content to our web site:

(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7;
(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.

At least they were kind enough to ask. Reply back that you did not get a property release and you are only able to license the photo for editorial use; thus you would be in violation of their terms of use.

**** that offer

Ask them if you can have one of their beach front properties for a couple of weeks and that you won't pay for it but will tell all your friends about it and you'll put a link on your website for them.

What makes these companies think that they deserve these images free when they are clearly going to use them to make money? Actually, I know why. It's because there's always someone who will give them to them. Makes you sick doesn't it?

It happened to me a while back. I got a canvas printed of one of my shots, and received an email back from the company asking if they could use it on their site and on promotional material. Of course, when I asked them what their budget was for licensing images I never heard from them again.

Yep, and when the op declines they go to number whatever on the list to hit up for free photos. I'm almost starting to think that any company would be foolish to pay for something that so many are just willing to give away for free. Sad.

Thanks for all the suggestions on how to approach this. I was definitley not going to give the image away for free. I took sometime to produce it, edit it, and then put it up. So i believe in compensation for the work. I just wanted to figure out the correct wording on how to reply back and i think i got it.

Jacuff thanks for your bit you nailed it on the money what i knew was missing from my train of thought.

These people are in business to make money,,profits..

I don't see why you shouldn't get some renumeration for the use of your image(s)..

A link from their website to yours is nothing more than a cop out.. Don't be fooled..

I'd email them back with a price for usage,, and be firm that usage without your permission is illegal..

Be polite but firm in your response that you require some form of monetary compensation for the use of your photos. Expect no reply or a loss of interest afterwards... anything else is bonus!

I would put a watermark on whatever photo they want, over the center, because if you tell them no or ask for a bit of money, they may start using the photo anyways and that will be more hassle than you want to try to get them to stop using it. Legal fees, headache, etc.