I need help(that fist time someone says, i'd like to use your pic)

[bobandcar]

i recently shot some pictures of a fireworks show.
posted my best shots to facebook as I normally do.
the organizer of the event got ahold of them and would like to purchase these shots for use on there website.

I am lost at this point. I've only sold some small prints at a fair and I knew what to price those at. I have not spoke directly to them yet and not positive of where this might lead. seams for now that they would like the digital copies so they may use them as they want on there website.

what do I do? how do I procede? do I include the watermark on the photos(i'm assuming not) but don't know. PLEASE HELP SOON

 

[480sparky]

Tell them you'll allow them rights to publish your (unwatermarked) photos for a set fee. Get the agreement in writing. The agreement should also state specifically how they will be allowed to use the images. How much to charge is up to you.

 

[bobandcar]

so just write up a basic agreement?
what should be included?
are there any online sites to get basic paperwork?

 

[Dean_Gretsch]

All decisions are yours alone, but personally, I would not want to give them the use of the photos without some form of recognition, either through a watermark or a written acknowledgement with your name/business name beside/under the photo. I see no reason they would refuse this request as you are the creator of the image and they should respect the recognition you deserve.

 

[tirediron]

Before you write up the agreement, a couple of things to consider:

1. Is there a possibility of repeat business? I give customers who are likely to provide repeat business a price break; usually in the 10-15% range.

2. Is this an entity with any significant financial resources? Can they actually afford to pay more than a small honorarium? I generally ask them what their budget is, and if it's enough, I go for it. Remember that their opening price is unlikely to be their maximum; you can usually get at least 10% more and sometimes as much as 25%; how hard you want to push is up to you.

Roughly, my license agreements in cases like this look like this:

In consideration of the sum of $_______________, John's Photography grants <Business/Entity Name> a non-exclusive license to use images taken at <Date, time, location> of <subject> and identified as <File # & description> in the following manner(s) <describe; whether website only, print, media, etc or simply say, "in both electronic and printed forms in all media"> for a period of <however long> or "In perpetuity.

<Business> may not alter or edit the images beyond minor cropping and/or the addition of text to suit use and placement without prior, agreed-upon consent by John's Photography. The images may not given, lent or sold to any other entity and shall not be used in any manner or in conjunction with any text or other art in any way which could conceivably harm the reputation of John's Photography. John's Photography retains copyright to the images and may use them at any time for any purpose.

 

[vintagesnaps]

It probably could make a difference in budget and usage depending on who was the organizer for the fireworks (city/county etc., or a business).

Get on American Society of Media Photographers - Homepage or PPA and get sample contracts, etc. from pro photographers organizations. They also have links to a pricing guide. Usage should be for specific purposes and include a timeframe.

Usually a photo credit is given by a publication to accompany an article (which probably wouldn't apply in this situation). The photographer's name would NOT be used in an ad or other promotional or sponsorship materials (brochures, etc.). If the photo is used/published you could then use it as a 'tearsheet'.

 

[Jeff15]

I take lots of Nature images, occasionally my local Wildlife park asks if they can use one. My answer is always the same, just put my name under the image and that's fine.

 

[bobandcar]

I like this. Seems basic and to the point.

Basically it’s a company which probobly deosnt have many assets. They organize small local events like fairs and farm markets, Santa shed... stuff like that.

It’s defiantly possible they ask me to be at other events as the quality of there pictures on there site is not very good.

I’m gonna place the call tonight and see what they have to say. Just trying to get some info since this is my first time this sort of thing has happened.

I’m also assuming a similar contract will work for a couple Of the individual people that want a photo of the same scene? They so far they just want digital copies.

Before you write up the agreement, a couple of things to consider:

1. Is there a possibility of repeat business? I give customers who are likely to provide repeat business a price break; usually in the 10-15% range.

2. Is this an entity with any significant financial resources? Can they actually afford to pay more than a small honorarium? I generally ask them what their budget is, and if it's enough, I go for it. Remember that their opening price is unlikely to be their maximum; you can usually get at least 10% more and sometimes as much as 25%; how hard you want to push is up to you.

Roughly, my license agreements in cases like this look like this:

In consideration of the sum of $_______________, John's Photography grants <Business/Entity Name> a non-exclusive license to use images taken at <Date, time, location> of <subject> and identified as <File # & description> in the following manner(s) <describe; whether website only, print, media, etc or simply say, "in both electronic and printed forms in all media"> for a period of <however long> or "In perpetuity.

<Business> may not alter or edit the images beyond minor cropping and/or the addition of text to suit use and placement without prior, agreed-upon consent by John's Photography. The images may not given, lent or sold to any other entity and shall not be used in any manner or in conjunction with any text or other art in any way which could conceivably harm the reputation of John's Photography. John's Photography retains copyright to the images and may use them at any time for any purpose.

 

[vintagesnaps]

You may not be able to use exactly the same contract for business use and personal/other use by someone.

Why shouldn't photographers get paid for their work?? Do people working the event get paid or are they volunteers? How do other people who want your photo intend to use it?

 

[tirediron]

...I’m also assuming a similar contract will work for a couple Of the individual people that want a photo of the same scene? They so far they just want digital copies.

You know what happens when you assume... The main difference between a commercial licensing agreement and a retail licensing agreement is the inclusion of a "for non-commercial purposes only" clause, vis:

In consideration of the sum of $_______________, John's Photography grants <person> a non-exclusive license to display and/or print images taken at <Date, time, location> of <subject> and identified as <File # & description> in the following manner(s) for personal, non-commercial use only.
<Person> may not alter or edit the imageswithout prior, agreed-upon consent by John's Photography. The images may not given, lent or sold to any other entity. John's Photography retains copyright to the images and may use them at any time for any purpose.