Questions about licensing ?????????

[DiskoJoe]

I was presented with an offer to license one of my photos by a financial investment start up. The agreement goes as follows:

This agreement between licensor and licensee is exclusive. The Licensor agrees to not enter into
separate license agreements with third parties interested in using the same image(s) listed in
Attachment A.

By this agreement, the licensor allows the licensee to use, display, and publish the image(s) listed in
Attachment A in any commercial, personal, non-profit or editorial projects involving advertising, print
media, web site publication, or broadcast as chosen by the licensee.

The usage will be perpetual. Licensor represents that he is the sole owner of the copyright of the
image(s) listed in Schedule A, and upon execution of this agreement licensor remains the sole owner of
the copyright of the image(s) listed in Attachment A. No transfer of intellectual property is made by this
agreement.

As good and valuable consideration for this agreement, the licensee agrees to pay the licensor a lump
sum of $250.


Just wanting to get peoples opinions of this arrangement. Personally I think it is a bit low for what they are asking.

This is the photo in question:


Sam Houston Statue by DiskoJoe, on Flickr

Discuss.

 

[CowgirlMama]

Personally I think it is a bit low for what they are asking.

This. I'm no expert, but they're asking for full rights to the photo, forever and you can no longer do anything with it, for $250. That's not much at all.

 

[charlie76]

A bit low?!? Image is ok IMO...for 250 I'd take the money and run

 

[CCericola]

Try some of the pricing solutions here: NPPA: Business Practices Toolkit

It does sound low, a 3 year license of a similar photo of that statue from Getty Images for advertizing (any medium) is $1,830.00

 

[cgipson1]

Way too Low! But I will leave that discussion to others still in the "biz"... since I am badly out of touch with current pricing! (IMO, they are trying to get something for literally nothing!)

 

[tirediron]

Send it back and ask them what the punchline is! They're trying to lowball you.

 

[DiskoJoe]

Try some of the pricing solutions here: NPPA: Business Practices Toolkit

It does sound low, a 3 year license of a similar photo of that statue from Getty Images for advertizing (any medium) is $1,830.00

Was that on photo search? I was researching some stuff on there too and another Sam Houston photo was going for around that for web advertising only and these guys want to use it for advertising and other items. So $250 seemed way too low given that they want exclusive rights.

 

[tirediron]

Or counter-offer; for $250 they can have a one-time, non-exclusive use of the image for print only up to 4x5.

 

[KmH]

A bit low?

That is a great license deal for them, because you get reamed.

Obviously, they wrote the use license.

I thought ASMP had/has an online use license generator. I have looked, internet search engined for it several times in the last week and haven't found it. Does anyone have the link?

 

[DiskoJoe]

A bit low?

That is a great license deal for them, because you get reamed.

Obviously, they wrote the use license.

I thought ASMP had/has an online use license generator. I have looked, internet search engined for it several times in the last week and haven't found it. Does anyone have the link?

That would be nice. But the deal seemed way too low after seeing everything they want to do, in perpetuity. Thats the part that really got me. $250 does not seem like a good deal to get to use my photo indefinitely for anything needed.

 

[jamesbjenkins]

$250 is a great licensing price.....per year.

These clowns are expecting / hoping that you're clueless.

I'm not a stock image expert, but I know that the price should take into account the length of time displayed, how many people will view the displayed image, what types of media the image will be displayed in (print, web, etc.) and if the image rights are given exclusively to the licensee.

That said, don't price yourself out of the market. Just negotiate on terms you're happy with.

 

[DiskoJoe]

$250 is a great licensing price.....per year.

These clowns are expecting / hoping that you're clueless.

I'm not a stock image expert, but I know that the price should take into account the length of time displayed, how many people will view the displayed image, what types of media the image will be displayed in (print, web, etc.) and if the image rights are given exclusively to the licensee.

That said, don't price yourself out of the market. Just negotiate on terms you're happy with.

The per year suggestion is good. I really dont want to price myself out but im not getting screwed on this deal either. I know they really want to use my image and have seen what stock sites have to offer and they are not as good as mine and much more expensive. But this would be my first licensing agreement.

 

[KmH]

Rule #1 - Exclusive or more Use = Higher Fee

From - How to write a license | American Society of Media Photographers

Also see - http://asmp.org/tutorials/licensing-stock-photographs.html

Media Permissions

The central element of the license description. An accurate description of the media in/on which you will permit your client to use the image, and the extent to which your client may use your image in that media.

1. Media: Describe the category/type of media in which your image may be reproduced. Example 1: Consumer Magazine Advertisement.
2. Distribution Format: State the format in which the specified media may be distributed. Example 1: Printed. Example 2: Electronic Download.
3. Placement: State the locations/positions at which your image may appear in/on the specified media, and state the maximum number of placements permitted in each instance of that media. Example 1:Single placement on the front cover. Example 2: Multiple placements on cover and interior.
4. Size: State the “image size” — the maximum size at which the image may be reproduced in/on the specified media Example 1: up to one-half page.
   Example 2: up to 8.5 x 5.5 inches.
   
   Where applicable, also state the “media size” — the maximum size of the media on which the image may be reproduced, or the maximum size of the reproduction of the design in/on which the photograph is reproduced in/on the specified media. Example 1: full page. Example 2:8.5 x 11 inches.
5. Versions: State the maximum number of design versions, editions or issues in/on which your image may be reproduced. Example: First edition only.
6. Quantity: State the maximum number of reproductions of your image that may be distributed or displayed in the specified media. May be stated as the total copies distributed or displayed. Example 1: 10,000 Brochures. For magazine or newspaper advertising, multiply the number of insertions of the advertisement times the circulation of each magazine in which the advertisement will be inserted. Example 2: Total circulation of 850,000.
7. Duration: State the scope of the time period during which your client may exercise the license. Example: Six months.
8. Region: State the geographic locations in/to which your image may be distributed or displayed in/on the specified media. Example:Philadelphia only.
9. Language: State the language/s of text that may be reproduced in the specified media in/on which your photograph is reproduced. Example:English only.
10. Exclusivity: State the exclusivity provided. Example: Non-exclusive.

Constraints

In addition to listing the Media Permissions, also describe any limitations that further constrain your clients right to use the image within the stated media.

• License Start Date: The date on which the license commences. This is different than the Duration, and must be stated separately. Among the most important and critical elements of your license description.
• License End Date: The date on which granted rights expire. The license start date plus the duration equals the license end date. Should be stated separately from the Duration and License Start Date, leaving no ambiguity.
• Media Constraints, Region Constraints, Product/Service Constraints, if applicable: Specific limitations on or exceptions to the licensed media. Media example 1: Sports Illustrated only. Media Example 2: Only at the following URL: http://www.acmedeoderant.com/specialofferRegion Example: Only in South Pasadena. Product/Service example:Only for Acme Deodorant.

 

[orljustin]

Yeah, perpetual, exclusive, commercial use for anything? They're trying to screw ya.

 

[DiskoJoe]

UPDATE

So they contacted me back regarding the agreement. I advised that it was not acceptable and that for unlimited usage the cost would be $2500, no personal usage, or they could set up an annual usage agreement but cost would vary depending on the types of media that the image would be used for.

Let's see if they respond back.

Thank you everyone for your feedback. All of the feedback I have received has been pretty consistent in regards to everyone thinks I was about to get screwed. This really helped me to make an informed response to the agreement presented to me.