Question about photo licensing

Magazine28 · Apr 19, 2007

Hi all - newbie here.

I'm not a photographer, but I work for a trade magazine and we're looking into reselling our cover art for use in business cards and other collateral items.

The photographer we work with is willing to work with us, but wants us to come up with the contract terms.

As we are all unfamiliar with stock photography and licensing, could anyone point me in the right direction on these issues?

1. What is a good, general resource for shared rights and sample contracts?

2. What is the general revenue split between publication and photographer?

Your responses are GREATLY appreciated.

Thanks!

derekneuts · Apr 20, 2007

I've been on my own since 2004 and it's still kind of an enigma to me. A colleague of mine used PhotoQuote (www.photoquote.com) and this software seemed pretty cool, because it would provide a good priceline on all these sorts of issues, including stock and rights, dependent upon the circumstances. Give it a try, this may be what you need for this business.

Magazine28 · Apr 20, 2007

Thanks, Derek. This is an enigmatic topic in general, but I appreciate your reply!

derekneuts · Apr 20, 2007

It's the only thing I could think of to "automate" or get you in the ballpark, because I actually had to ask him for a price quote on something, a freebie if you will. It seems to do well, because you choose the "circumstances" of your price request and the software will spit out a low, medium, and high range. I remember parameters also included viewership / readership, how large, how long to be in use, etc. etc. It was great. If I did more licesning in the future, I'd probably throw the money into it just so that I wouldn't short-change myself on quotes to publishers and the like.

Y. A. PIX. · Jan 28, 2011

Would anyone happen to know what sort of "licensing agreement" or "disclaimer" I would have to set up if I was going to sell photos of submissions to a website? Can't seem to find much on the internet specifically to this inquiry.

tirediron · Jan 28, 2011

1. A lawyer. Seriously, that's not meant to be sarcastic, but IP rights and laws vary greatly by region/country/province/state and since this is obviously a commercial enterprise, a couple of thousand dollars in a lawyer's pocket is probably money very well spent.

2. The revenue split can be anything from 50/50 to 99/1 or 1/99. It depnends on several factors, including the circulation level and target demographic (IE, a cover shot for the Journal of East Pervuian Foot Fungus Specialts probably won't be worth but a minute fraction of what a cover shot of an American Teen-magazine aimed at 14 year old girls is). The skill reputation of the photographer also plays a big part - at the end of the day, it's a matter of sitting down and deciding what works for both parties.

3. If you're going to sell photos than you have to have a rights/usage agreement with the owner of the photograph (copyright holder) that specifically allows that, and in my experience, that's not very common. That may or may not be you; even if you have paid a LOT of money for an image, you don't necessarily own it, or the rights to it. It's a lot like the EULAs that come with most commercial software. Again, this is an area that needs to be discussed with an IP lawyer.

Y. A. PIX. · Jan 28, 2011

Ok. I think that I may forego that aspect of the website for now, and just stick to the registration process as a means of making money. I will wait for the site to gain some positive revenue before I tackle that issue.

I was really only making it an option for family members or friends that might want to purchase a photo. Again, I may just have to let that idea go for now.

Thanks for the positive feedback...