Online Licensing Questions

[Geaux]

Setup: I took some images of a new statue outside of the Superdome a few months back. Today I was contacted by the sculpture company telling me they found the images online and loved the way they looked.

Here is the email asking:

I work for the sculptor that created the monument and I came across your pictures on flickr and want to see if we could have permission to use one or two of them. They are the best pictures I have seen of the statues. If there is a cost, what would that be?

I immediately was flattered, but then wondered what my legal rights were to the image, since they were images of their "art". The sculpture is on private property of the Superdome, but open the public at all times to walk around, hang, etc. I've seen many engagement shoots being held there, so not sure if they're doing that illegally or not.

We've been back and forth on emails and I never said a price yet, just in case it's illegal and they were setting me up. I put the ball in their court telling them to name a fair price, since it's a unique situation of them being the actual creator of the statue. They responded with this:

We haven't paid for pictures before because usually they are unveiled on nice, sunny days, but this was unveiled on a rainy day so our pictures didn't come out as good. So, I'm not sure what a fair price would be. Please let me know what you think is fair.

They've also offered to hire me to shoot another statue locally for them, so that leads me to think they are serious about paying for the image and not setting me up.

My Questions:

• My rights to the image, can I legally even sell it?
• I've never sold images for web usage before, what types of licenses can I offer them?

They plan on using it for their webpage, Facebook, sales brochures.


I've spoken with a PR department and they've told me that I could offer them an "Exclusive License" for full usage of the images, but I'm unable to print/sell that image ever again or at least until my license time is up. I could also offer them a cheaper price for a non-exclusive license, where I still have the right to sell/reproduce the image.

My Plan:
Offer them either A or B

A) $500.00 -Exclusive license. You may print on brochure, put on webpage, facebook, etc. The image belongs to your company and no one else. The image(s) will not be circulated or given rights to any other company but yours. Proper "Photo by:..." to be used whenever photo is printed or put on web. High Resolution, no watermark.


B) $100.00 - Non-Exclusive license to the image. You may print on brochure, put on webpage, facebook, etc. Image may be circulated or given rights to other companies to use and not exclusive to your company. Proper "Photo by:..." to be used whenever photo is printed or put on web. High Resolution, no watermark.


I really hope I can get some insight on this, would love to send him back an email with a confident response, but not ruin my opportunity to be hired by them for the other statue. Thank You!

 

[480sparky]

I wouldn't be getting legal advice from an online forum...... Especially one that's public.

Find a intellectual property copyright lawyer and drop the dime for an hours consultation.

 

[Geaux]

I've spoken with a lawyer friend of mine who dropped some knowledge on me about it. He was saying if it were anyone else besides the owner of the sculpture contacting me, I could be held liable, but since it's the artist asking for a price and copies of the files, I SHOULD be ok.

Any information on my A and B price points? I also threw the legal stuff out there to get input from other photographers who have faced a similar situation.

 

[tirediron]

Yep... both are under-priced!

 

[tirediron]

I would offer time-limited exclusive licensing (given the nature of the image). Say one year... unlimited publication rights, don't insist on a credit as there may be some uses where it would ruin their plan. Ask for it when appropriate, and specify a maximum size. If it were mine, I'd likely go 2400 pixels / 8" longest side, and $100/month.