im not sure what to do with this

[bribrius]

to use in our newsletter and on our website and social media, and we'd love permission to use your gorgeous falls photo. If you'd be willing to let us use this photo and if you have any others you might like to share, please let me know.





This is my second one.
I don't really publicize or sell anything. And I don't think they want to pay. It is city and a town.

should I just say okay?

 

[Designer]

Make sure they always print your name along with the photographs.

 

[bribrius]

Make sure they always print your name along with the photographs.

do cities and towns usually pay for photographs? I haven't even asked them but I don't appear to see a monetary offer...

seems like they want a blank check, they could put it right on the city website. not sure how I feel about that.....

 

[lambertpix]

Make sure they always print your name along with the photographs.

do cities and towns usually pay for photographs? I haven't even asked them but I don't appear to see a monetary offer...

seems like they want a blank check, they could put it right on the city website. not sure how I feel about that.....

*If* you decide to let them use it, I think it makes sense to send them licensing terms for whatever the agreed-upon usage is. If nothing else, it'll introduce / reinforce the idea that this "freebie" isn't really something to expect all the time. If you're so inclined, you could even make up an invoice for whatever amount you think would be appropriate and then show a 100% discount for whatever reason, with a net of zero.

 

[bribrius]

Make sure they always print your name along with the photographs.

do cities and towns usually pay for photographs? I haven't even asked them but I don't appear to see a monetary offer...

seems like they want a blank check, they could put it right on the city website. not sure how I feel about that.....

*If* you decide to let them use it, I think it makes sense to send them licensing terms for whatever the agreed-upon usage is. If nothing else, it'll introduce / reinforce the idea that this "freebie" isn't really something to expect all the time. If you're so inclined, you could even make up an invoice for whatever amount you think would be appropriate and then show a 100% discount for whatever reason, with a net of zero.

I don't even know how to do that. Only thing ive sold is individual photos to people.

I don't even have a watermark.

im thinking copyright 2014 my name all rights reserved should at least go along with the photos.
even though im not sure what all rights reserved means.

they seem blanket statements I have, "social meda, website, newsletters"

im not sure how to fix that I think they just want flat out usage..

I have it in my mind too a city budget isn't a small thing whats another few hundred...

wife is telling me to just let them have them, its a honor...

 

[lambertpix]

There's some sample boilerplate stuff here that might help:

Copyright for Visual Artists, Painters, Designers, Photographers, and Illustrators

You're really just trying to establish (1) here's what we intend is going to happen with the photo, and (2) here's the compensation (even if it's zero). If they decide they like the photo enough to use it for something else, you want them to come back and revisit the licensing agreement.

As far as compensation goes, it's probably true that they don't have much of a budget for this, but it sure doesn't hurt to throw out a line.

 

[Designer]

I don't even have a watermark.

From what I've read on here a watermark is used mainly for online photos, and can be wiped out anyway by someone using photoshop.

 

[ChurchStreetPhoto]

I've had dealings with US gov't., state and local gov'ts and sadly, never have been able to pinch a nickel out of them. All have offered photo credits for anything they use. If you are willing to give away your image to your local government to use it would be a way to get your name out there, locally. A lot of people look at their local gov't website.
In your case I think the tip-off was the word "share", not "purchase".

 

[bribrius]

Thankyou.

im actually a little shocked how quick this is transpiring. I don't put any work out publicly, a little gets out in within days im getting contacted. And one of the photos, I must admit I don't even see why they want it so much it is pretty hum drum...
imagine they must have a use for it. I think that one was for a planning council, oddly enough.
guess you never can tell.

 

[sashbar]

Even if they are not going to pay, do not give the images away without a licensing agreement, even if it is free for now. And never argee to unlimited rights. You never know.

 

[limr]

If you are going to let the municipality use it for a newsletter online, there is a possibility that someone else will then download that picture and use it themselves. You might not care about that, but you also posted in another thread that you were annoyed when your picture got shared on Facebook without anyone giving you credit, so this would essentially be the same thing. People will be using your work without giving you credit.

You have the right to control how your creative works are used. That's what "all rights reserved" means - that you reserve your right to maintain control over any changes, distribution, usage...whatever. When you sell a picture, you're really selling that person the right to own a copy of your picture and display it in their home. They do NOT then have the right to use it as their own or distribute it, unless you've also sold them THOSE rights as well. It seems like a technicality for those of us who are not involved in photography mainly for commercial gain, but it's an important distinction when it comes to federal copyright laws.

So, there are a few things you can do.
1) Not let them use your photo.
2) Let them use the photo without condition.
3) Let them use the photo WITH conditions.

What would those conditions be?

a) Absolutely insist that you are given credit.
b) If they are putting together the newsletter, chances are they have publishing software that will allow them to watermark the photo. You could have a visible watermark or not, but either way, I suggest you insist on an embedded watermark. It won't show on the screen, but if someone tries to download the photo, the version they get on their computers will feature a big obnoxious copyright watermark that will go across the photo (or something like that - the actual form of it differs.)
c) Payment
d) Any combination of the above
e) Probably something else that I'm not thinking of

 

[runnah]

What photo?

 

[bribrius]

If you are going to let the municipality use it for a newsletter online, there is a possibility that someone else will then download that picture and use it themselves. You might not care about that, but you also posted in another thread that you were annoyed when your picture got shared on Facebook without anyone giving you credit, so this would essentially be the same thing. People will be using your work without giving you credit.

You have the right to control how your creative works are used. That's what "all rights reserved" means - that you reserve your right to maintain control over any changes, distribution, usage...whatever. When you sell a picture, you're really selling that person the right to own a copy of your picture and display it in their home. They do NOT then have the right to use it as their own or distribute it, unless you've also sold them THOSE rights as well. It seems like a technicality for those of us who are not involved in photography mainly for commercial gain, but it's an important distinction when it comes to federal copyright laws.

So, there are a few things you can do.
1) Not let them use your photo.
2) Let them use the photo without condition.
3) Let them use the photo WITH conditions.

What would those conditions be?

a) Absolutely insist that you are given credit.
b) If they are putting together the newsletter, chances are they have publishing software that will allow them to watermark the photo. You could have a visible watermark or not, but either way, I suggest you insist on an embedded watermark. It won't show on the screen, but if someone tries to download the photo, the version they get on their computers will feature a big obnoxious copyright watermark that will go across the photo (or something like that - the actual form of it differs.)
c) Payment
d) Any combination of the above
e) Probably something else that I'm not thinking of

uhh oh. I just emailed one telling them just ad copyright name all rights reserved to it and ill fax a agreement.
perhaps I shouldn't have told them to put the all rights reserved.
They are probably thinking im clueless as I cant reserve all rights and let them do what they want with the image..

 

[limr]

I don't see anything wrong with the "all rights reserved." It just means you are letting them use it for this particular purpose and are maintaining your rights to insist on permission if they want to do more than they said.

Remember, in a lot of contexts, these things are formalities that don't really ever get activated. The nitty-gritty details are important to people whose livelihoods depend on the proceeds of their creative work, so if someone writes a song, the money they earn is in large part from people paying them for the right to perform the song, to play the song at Starbucks or on the radio, or to sell records/downloads (distribution.) If you're looking at commercializing your creative work, then these details become much more important.

I'm not suggesting a municipal newsletter and amateur photographer status don't matter, but it's not like you're going to be embroiled in a huge multi-million lawsuit over the licensing agreement. If you end up being uncomfortable with how they are using it, or if they don't do something they say they are going to do, just email and say that you withdraw your permission for them to use it and then they take it down.

 

[vintagesnaps]

I wouldn't just give your photos away. You've put them online somewhere that they found them... plenty of people seem to be looking online for photos they can use and seem to want people's pictures - if they can use them for free!! that saves them having to pay a photographer doesn't it? If you aren't interested you could just tell them it's not for sale and then look where you put the pictures and decide if you want them to be viewable publicly.

Even if they're a local government agency they have a budget (maybe not much of one, but still...). You'd need a contract and need to look into licensing etc. And from my experience an agency has to keep track of every penny so I'd expect they would want to have something in writing as well.

I personally would want a contract to be limited and specific (even if it wasn't a lot of money) - if they want unlimited usage from now til doomsday they better send an armored truck full of cash! (I'm kidding of course - I think...lol) But to be serious you need to read any contract they offer and make sure you understand anything you're asked to sign. If it were for a charitable cause personally I might consider allowing usage for a one time event etc.; otherwise if it's for something like tourism where they'd profit from usage I'd expect some compensation/payment.

You could look at American Society of Media Photographers for business resources for photographers (contracts, licensing, and all that good stuff!).