What to do with publishing request?

CraniumDesigns · Jun 22, 2009

Hey Guys,

I got this in the mail...

:: WHERE Oahu Summer/Fall 2009

Hi there
We wish to feature your image of Kawaiahao Church in our upcoming WHERE Oahu as spot size in editorial attraction section. Would you please let us know your usage rights. thx

Current issue can be view online at:
Oahu - WhereTraveler

It's a digest size (2.5 x 3 inches) and distributed throughout Oahu quarterly.
Thank you and please reply to my work email below.

this is the pic... Kawaiahao Church - Honolulu, Oahu, Hawaii (HDR) on Flickr - Photo Sharing!

what should i do? accept? decline? ask for money? how much??? thanks.

Threesia · Jun 22, 2009

Wow, that's great. As a beginner I can't offer real insight, but I would think that having something publish is every photographers dream. If it were me I would get something in writing that they would give me full credit in the article (and a free copy of course :sexywink:

) and let them publish away. I'm sure others will have better advice.

Congrats on getting the offer.

inTempus · Jun 22, 2009

In that situation, I would allow them to use the image in exchange for full credit to be given. I would ask what their policy is for giving credit (where, font size, etc.). Having a published picture with credit, to me, is more valuable in the long run than getting a couple hundred bucks now... assuming you get a couple hundred out of the deal vs. botching the whole deal.

Of course this assumes you want to be a professional photographer and you want to eventually sell work to other magazines or as art.

Take my advice with a grain of salt, I've never had an image published and probably never will.

c.cloudwalker · Jun 22, 2009

It has been quite a few years since I've sold anything to the media so hopefully someone else can give you an idea of what to charge. If not go to your library and check out a Photography Market book. They list fees based on usage and type of publication.

The main reason I answer your question is to say, don't just give your photo. It is the best way to kill the market for everyone else.

paulk_68 · Jun 22, 2009

c.cloudwalker said:
The main reason I answer your question is to say, don't just give your photo. It is the best way to kill the market for everyone else.

Do not give your work away for free! Every time a photographer does that, they devalue the market for everyone else. "2009 Photographers Market" published by F+W Publications Save on Books, Magazines and DVDs for writers

Yeah, I know it's a repeat, but it is important.

gsgary · Jun 22, 2009

tharmsen said:
In that situation, I would allow them to use the image in exchange for full credit to be given. I would ask what their policy is for giving credit (where, font size, etc.). Having a published picture with credit, to me, is more valuable in the long run than getting a couple hundred bucks now... assuming you get a couple hundred out of the deal vs. botching the whole deal.

Of course this assumes you want to be a professional photographer and you want to eventually sell work to other magazines or as art.

Take my advice with a grain of salt, I've never had an image published and probably never will.

You should get the money and a credit

inTempus · Jun 22, 2009

There ya go, I was all wet. Chalk it up to me not knowing.

If I get approached someday, I'll be sure to request payment and credit.

Blank · Jun 22, 2009

Congrats on the inquiry.

Firstly, I am suspicious by nature, so I would ask to speak with the Editor via phone to make sure this is a legit inquiry.

Secondly, if you decide to "sell" the image for a usage license, you are not exempt legally, to pay Uncle Sam. Whether you sell 1 image your entire life, it is still considered taxable and you are considered a "sole trader" whether you are registered as a business or not. An exchange of goods for capital gain is taxable, hobby or not. I just wanted to make you aware of that. Visit the www.IRS.gov for more information.

Thirdly, there are several usage licenses available. The very first thing you need to do, is read this link from the ASMP:
ASMP: Property and Model Release Tutorial
Make your own decisions on that.

If you head down the road of licensing your image, understand what types of licenses are out there. Even though they mention editorial section of their publication, the image will more than likely be used for commercial reasons.
I recommend you visit ASMP again in their "Licensing Guide" section. If you do that and you decide to price out your image, the Table of contents (on the right of that page), will help you appropriately price out your image for intended use.
ASMP: Licensing Photography

All your questions can be answered there.

The reason why I post all this is, you need to know, so you can make a decision yourself. It is not as simple as sending a jpg, tiff, or whatever you decide on, with you name in lights. If anything at all, it will help you understand what the market of photography is all about.

Best of luck.

CraniumDesigns · Jun 22, 2009

sounds good, but i dont have any idea what to charge. what would u do in my case if u were to charge for it? PM me if u dont want it on here.

benhasajeep · Jun 22, 2009

There are several of these types of "Guides" all over the net. They scour the photo hosting sites for pics. And they request "free" use of the pictures they like. Most do give credit for the pics. They do not pay for pictures ever! If they get turned down they go to the next on the list. And so on. Simple as that. They get their money by selling advertising on their web pages "the Guides". To them its a business and they are seeking free use of pictures so they can make a proffit or higher proffit than if they actually paid for the rights to the pictures. Basically they want to use your pictures for free so they can make some money!

Some don't mind. Some think its a compliment. Others think it is just scammers abusing others good intentions to make a proffit.

Its, all up to you and how you feel. But the minute you ask for money or try to negotiate, I guarantee you will not hear from them again! They move on to the next person they found a pic they like.

NavyChief · Jun 22, 2009

Hey there,
I am just a beginner, and while I have an opinion on everything (ask my wife), I don't want to seem bullheaded or like a know it all. Not to argue with the post about the IRS, but my brother who is a lawyer, has spoken with me about selling photos and what not, and said legally, it depends on a percentage, as to whether Uncle Sam will collect his share. If less than XXXX, they will not. As for whether you should or should not sell it, that is your decision to make. I personally don't take pictures for everyone else. I take them because I LOVE the art, the critiques, the memories that we steal from a moment in time. So I don't feel that if you choose to be happy with a published work, that you are taking away from a market. Long story short, if you picked up the camera in hopes that it will make a return for you, or as an investment, yes, learn your rules and make your dimes. If you did it out of love and appreciation, be happy with what some of us will never know. Either way, best of luck to you.

Chief

paulk_68 · Jun 22, 2009

NavyChief said:
Hey there,
So I don't feel that if you choose to be happy with a published work, that you are taking away from a market.

That thinking is leading to the death of professional photography.

Bitter Jeweler · Jun 22, 2009

Apparently they buy stock photos, from Shutterstock. They also do give credit in the margins of the mag, but not directly on or under the photo. My guess is, if they use stock services, you won't be getting $100 for your image. It's a tourism mag, I'd just do it, even for free, and you get to walk around saying your photography is sought after (they searched for it, didn't they?) and you are published! WIN!

kundalini · Jun 22, 2009

Where were you guys when I asked something on very similar lines the other day? :biggrin:

Blank · Jun 22, 2009

CraniumDesigns said:
what should i do? accept? decline? ask for money? how much??? thanks.

NavyChief said:
Hey there,
I am just a beginner, and while I have an opinion on everything (ask my wife), I don't want to seem bullheaded or like a know it all. Not to argue with the post about the IRS, but my brother who is a lawyer, has spoken with me about selling photos and what not, and said legally, it depends on a percentage, as to whether Uncle Sam will collect his share. If less than XXXX, they will not.

Chief

Steven, here's the best advice you will get, and Chief, sorry guy, but I'm going to call you out. Now, in advance, I am basing this off Steven having a full time job as described in his "About Me" on his profile page as a web designer. I never inquired about the scenario as a student or unemployed.

I just got off the phone with the IRS - according to them, if you have a digital image or photograph and your intent is to receive income, whether it be $1 or $1,000,000; it is to be added to Line 21 (Other Income - List type and Amount) of that year's 1040. This is inclusive if you are a hobbyist photographer and someone wants to use your creation if a financial transaction takes place.

Again, I redirect you to this replies assumption of Steven's current status.

Now, you can do whatever pleases you Steven, but my advice to you and anybody else out there who is in; or contemplating a similar scenario, get advice from the appropriate organization.