Band Manager seeks a photo...

[o hey tyler]

Recently (yesterday) my girlfriend was contacted by the manager of a band that we saw last year, and did some photography at for a concert review we were writing for the paper I work at. For whatever reason, they contacted her via facebook requesting a photo that she had taken (well as it turns out, it was a photo I had taken but somehow he sent her a message... Weird.) He wants a full resolution shot of one of my photos. Should I give it, or sell it for a nominal fee?

I do really like the band, and they're excellent live. But if I could be making money, shouldn't I? The photo also got published in the newspaper I work for.


The Band:

[ame]http://www.youtube.com/watch?v=F-J9pXAt8Rc[/ame]

2 Guys, a bunch of loop pedals, and a ton of talent. You should see the guitarist on his Carvin Double Neck....

 

[PenguinPhotoWrx]

You like the band, and evidently they like you. But unless they're giving you free concert tickets and/or free CD's, I would charge them for the photo.

Be fair, but business is business.

 

[tirediron]

If this band is making money from your image, than you're entitled to make from it as well. If it's just a small-time garage-band playing for a few dollars in sleezy bars (not that there's anything wrong with that) I could understand giving them a helping hand, but if they're doing okay, I say "regular rates".

 

[Bitter Jeweler]

Does the newspaper own your images?

 

[o hey tyler]

Does the newspaper own your images?

No, I bought my camera and all my equipment, so I own the rights to them. I only get paid for the hours that I put in to take photos, not for individual pictures.

 

[Bitter Jeweler]

Ah, ok. Often, if it's "work for hire", the employer owns the rights.

Then sell the image!

 

[o hey tyler]

Ah, ok. Often, if it's "work for hire", the employer owns the rights.

Then sell the image!

I also just consulted the editor of the newspaper, she told me that I should present him with two options after asking what the use of the photo will be:

1. Tell him that I will sell him the rights to the image for a fee, and he has all the rights to the photo...

or

2. Give him the image on the condition that I receive photo credit under whatever conditions it is used, either commercially or privately.

Does that seem fairly reasonable?

 

[bigtwinky]

I'm in the sell your image camp as well.
I'd also find out what the intended use of the image is, and adjust pricing accordingly.

Are they going huge, signed a record deal, and want to put your image front and center on their marketing...might be a different price.

 

[Taylor510ce]

I would sell it to him. You can give him a good deal on it and let him know that you have to make money, but you do like the band and want to help them out. Other than I would say that you would also let them use it in exchange for another photo opportunity. Maybe the guy manages other bands as well. Could be worth a freebie in order to get an inside advantage.

 

[SrBiscuit]

sell it. make a little cashola.

 

[KmH]

Does that seem fairly reasonable?

No it doesn't seem fairly reasonable to me, but I do agree with your editor that usage is key to determining the value of the photograph. I would add a properly written use license is needed to define the scope of the useage.

Bands are pretty careful with their intellectual property and photographers can learn a lot from how bands manage their rights. At the same time bands are perfectly willing to trample the rights of other creatives.

From the Picture Licensing Universal System - Picture licensing Glossary

All rights - The unrestricted right to reproduce, distribute, display, and perform a work for any purpose, unless restrictions or limitations are specified. Not a copyright transfer. Not exclusive unless otherwise specified.

Additional Info...............Not recommended for use in a license. An ambiguous term that frequently results in misunderstandings. Often confused with buyout and copyright transfer.
Term In Use................."The client asked to license all rights."
PLUS Usability Rank.......Discouraged
Preferred Term..............Unlimited Use

:: PLUS :: is the link for the above definition page.

A use license generator: :: PLUS :: License Generator

Getting photo credit is essentially valueless.

 

[Derrel]

A photo credit is worth less than a pitcher of beer...

...sell them usage rights....

...I enjoyed the video a heck of a lot!

 

[o hey tyler]

Does that seem fairly reasonable?

No it doesn't seem fairly reasonable to me, but I do agree with your editor that usage is key to determining the value of the photograph. I would add a properly written use license is needed to define the scope of the useage.

Bands are pretty careful with their intellectual property and phoptographers can learn a lot from how bands manage their rights. At the same time bands are perfectly willing to trample the rights of other creatives.

From the Picture Licensing Universal System - Picture licensing Glossary

All rights - The unrestricted right to reproduce, distribute, display, and perform a work for any purpose, unless restrictions or limitations are specified. Not a copyright transfer. Not exclusive unless otherwise specified.

Additional Info...............Not recommended for use in a license. An ambiguous term that frequently results in misunderstandings. Often confused with buyout and copyright transfer.
Term In Use................."The client asked to license all rights."
PLUS Usability Rank.......Discouraged
Preferred Term..............Unlimited Use

:: PLUS :: is the link for the above definition page.

A use license generator: :: PLUS :: License Generator

Getting photo credit is essentially valueless.

So this Plus License generator is completely free? Totally bookmarked that shizzle. Thanks Keith!