Selling rights to photo??

[sebarrier3]

Hello all..

I have a major question and I really need some advice here. I had the opportunity to go to Cameron Indoor Stadium at Duke University for a basketball game a few weeks ago. I posted the pictures on my webpage and today received an email from a t-shirt company asking what i would charge for the rights to two of the photos. They want to print them on shirts. Photography is only my hobby and I have never been posed this type of question. I am so excited for the offer but I have NO idea where to start... help!

 

[Kentanner11]

Wow! Congrats! Imagine it like this, you are Microsoft producing software and the t-shirt company wants to buy a copy to put on their computer. If you have ever read that really really long contract that you must agree to, to install the software it is very, VERY specific.

Personally I would:
1) double check to make sure Duke doesnt mind that you took pics for a (now) commercial purpose

2) do some researching into the t-shirt company, make sure they are ok

3) construct a contract, either by asking if they have one, going online, making one yourself, or hiring an attorney

4) celebrate!!!
Congrats again!!!!

as far as price I have no clue; others will have to give their opinions.

 

[Big Mike]

There are a lot of things that probably need to be considered. Any recognizable people in the photos will have to sign a model release (and they may want a cut). Any logos or trademarks in the photos will have to be OK-ed (they would certainly want a cut).
There also might be some rules or existing agreements...for example, maybe a certain company has the rights to reproduce and sell clothing with NCAA logos. Maybe NCAA players are not allowed to be on paraphernalia etc.

Remember that an arena is most likely a privately owned facility, not public property. Technically speaking, you were probably not allowed to be taking photos there in the first place (with out expressed consent).

If all of that checks out (and maybe some other things that I didn't mention)...then you could sell the image. You should make up a contract, out lining the specific usage and the terms. You could specify that they are only allowed to use it for T-shirts, for a period of one year (or what ever). Or you could give them full reproduction & commercial rights to do what ever they wanted to do with it.

Probably best to ask someone who can give you a proper answer...a local lawyer and maybe a pro photographer in that area.

 

[Phranquey]

You should make up a contract, out lining the specific usage and the terms. You could specify that they are only allowed to use it for T-shirts, for a period of one year (or what ever). Or you could give them full reproduction & commercial rights to do what ever they wanted to do with it.

The "or" is a big, big deal here. Specific usage for a specific timeline is called licensing, and you need to find out what the anticipated circulation of these shirts is expected to be. If it just a small campus print shop selling to locals, and the circulation is small, then the licensing fee should not be prohibitively excessive, or they will decline the purchase. However, if this is the shop at the stadium (or arena) selling souvenirs with a much larger circulation....you get the idea. Duke is no small deal in NC, so you need to do some serious research before celebration.

The other side of this is outright selling the rights to the photo, which, at that point, they can do whatever they wish with it. The same research is required, but the charge for this should be far greater, as you pretty much lose the right to use those photos forever.

 

[Bthornton]

I used to work for marketing in the college market so I know a little about Duke. Duke is a licensed school and I think they are CLC licensed. If I remember it right you can't sell images with the faces of any curent players showing. You also have to be a CLC approved vendor (that would apply to the shirt company).
To the licensed colleges their logos, buildings, mascots ect are ALL trademarked, registered or copywrighted and they will and do go after people who are not approved vendors.
Your safest bet is to ask the shirt company to show the contract they hold with the licensing company. There is CLC, LRG and school independant licensing and like I said I think Duke is licensed by CLC. You can ask to see the contract because if they are approved they will have a contract.
I was in college marketing for 10 years and I saw MANY companies get sued.
If the shirt company is a vendor they have to send the artwork/photo to the licensing company who looks at it to see if the tm or c is in the correct place, are the school PMS colors correct, is it in line with the way they want the school shown and they even need to know who the vendor is going to sell it to!
If you go to this site http://www.clc.com/clcweb/publishing.nsf/Content/institutionprofile.html?open&ucode=DUKE
you might be able to see if the company is an approved vendor.
Hope this help.