Advice--someone wants to buy a photo

Discussion in 'Open Discussion' started by sammykhalifa, May 16, 2018.

  1. sammykhalifa

    sammykhalifa Mu-43 Top Veteran

    801
    Jun 22, 2012
    Pittsburgh PA
    Neil
    Hey all,
    This isn't directly 4/3 related but I thought someone here might have some good advice for me. Several months ago a posted a cell phone photo in a forum. It was nice, but just a cell phone shot after all.

    I was really surprised a week ago when someone contacted me saying they wanted to buy a print of it! They don't want it for commercial use but just as a gift for a family member. I was really happy but a little disappointed it wasn't one of my "real" pictures. ;)

    What's a fair price to tell them for something like that? I already have a PRO-100 (just had to get it back up and working after several months online), and tried out an 8x10 print that looks pretty good. I'm no pro, and had no material costs besides one piece of paper, shipping, some very minimal LR cropping/editing, and the spontaneous shot I took late last year. Don't want to be greedy but it WOULD be nice to cover maybe some ink for this thirsty beast of a printer. ;)

    IMG_20180514_214319~2.jpg
     
    Last edited: May 16, 2018
  2. Mike Wingate

    Mike Wingate Mu-43 All-Pro

    Feb 21, 2017
    Altrincham
    Mike Wingate
    Think of a number, double it and add a zero. I price things by 4 X the cost of the materials.
     
  3. Mikehit

    Mikehit Mu-43 Regular

    108
    Jan 26, 2018
    As a one-off I think that cost of materials multiplied by some fudge factor, then add post and packaging.
    In my experience, there is a price above which the buyer thinks they have got something of quality, and gives them more satisfaction than getting it for a ridiculously cheap price. What level that price is is hard to say, but my point is that you have a surprising amount of leeway before the person feels ripped off.

    A quick look on Amazon (US) shows that 16"x20" landscape posters go for $20 and up so I would start at $10 + post/packaging and see what they say. If they snap your hand off you will know better next time :). But who knows, they may think $30 will be reasonable if it is a present that they really want.
     
  4. Mike Wingate

    Mike Wingate Mu-43 All-Pro

    Feb 21, 2017
    Altrincham
    Mike Wingate
    You have to charge more than the cost of a photoframe.
     
    • Agree Agree x 1
  5. ralf-11

    ralf-11 Mu-43 Veteran

    335
    Jan 16, 2017
    you do not want them to buy it - what you do is to license the photo to them

    write something up that says they will get a copy and can display it or whatever

    it could be $10 or $100 or...

    if they buy it they own it lock stock and barrel and you cannot use it any more (if they press things)
     
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  6. Mikehit

    Mikehit Mu-43 Regular

    108
    Jan 26, 2018
    Where do you get that idea? Copyright is only transferred when the sales agreement says so. And as far as I cn tell, the person wants to buy 'a print', not the image and all rights.
     
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  7. Phocal

    Phocal Mu-43 Hall of Famer

    Jan 3, 2014
    Houston
    Having been in the photo business for 30 years I’m going to have to disagree with you on this. They are selling a print of the image.
     
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  8. ijm5012

    ijm5012 Mu-43 Legend

    Oct 2, 2013
    Pittsburgh, PA
    Ian
    Yep. Just because they purchased a print from you, does not mean they own the rights to the photo. Those reside with the photographer, unless there is some sort of contract stating otherwise (i.e. transfer of copyright ownership).
     
    • Appreciate Appreciate x 1
  9. wlewisiii

    wlewisiii Mu-43 Veteran

    429
    Dec 16, 2011
    Hayward, WI
    William B. Lewis
    This is the very minimum. They want your work because they think it is good. Not because of the materials in it. As a favorite novel of mine put it in a similar circumstance:

    "Hush," Kareen told her firmly. "We're not paying you for hard. We're paying you for good. Standard creative consultant fee. Pony up, Mark."
     
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  10. ralf-11

    ralf-11 Mu-43 Veteran

    335
    Jan 16, 2017
    The problem is that it needs to be clear IN WRITING that it is only a print and does not include the IP of the image itself. It may be fine w/o that, but it may not.
     
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  11. ijm5012

    ijm5012 Mu-43 Legend

    Oct 2, 2013
    Pittsburgh, PA
    Ian
    Where are you getting this information from, that by purchasing a print it may also include the copyright of the image?
     
    • Agree Agree x 1
  12. Phocal

    Phocal Mu-43 Hall of Famer

    Jan 3, 2014
    Houston
    Wondering the same thing. Have never heard of anyone assuming they own the copyright of a photo because they bought a print. Now I have heard people say it was ok to post a photo they don’t own because they credited the photographer or that it’s ok because they aren’t using it to make money (or whatever other lame excuse they use).
     
  13. Mikehit

    Mikehit Mu-43 Regular

    108
    Jan 26, 2018
    No it doesn't. It needs to be clear if you are transferring copyright. How many times have you bought a print from a shop and signed an agreement to say you do not have copyright?
    I agree with the idea that some may like to say a sale of a print does not confer ownership of copyright so as to avoid future misunderstanding, but that is not the same as saying it needs to be clear in writing.
     
  14. ralf-11

    ralf-11 Mu-43 Veteran

    335
    Jan 16, 2017
    there can be confusion as to the scope of the contract - it needs to be very clear and in writing if he values the image

    otherwise, the expense of an attorney may be required

    I'm an attorney. The OP is getting free advice. You can all do what you want. I don't care.
     
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  15. AndyCr

    AndyCr Mu-43 Regular

    80
    Nov 10, 2013
    Pembroke Pines, Fl
    Andy Cripps
    A Civil Campaign, One of my favourite books.
     
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  16. Ctein

    Ctein Mu-43 Regular


    Dear Ralf,

    Being "an attorney" doesn't make you an expert on copyright law. You have this very, very, very wrong.

    Some years ago, on The Online Photographer, an attorney posted the opinion that the "Fair Use" clauses in copyright law meant that you could not publish an entire photograph when using it in one of the allowed fashions (e.g., critical commentary, etc). I'm glad I wasn't drinking a beverage when I read that.

    (In case anyone doesn't know-- no, that was very, very wrong)

    pax / Ctein
     
  17. Mikehit

    Mikehit Mu-43 Regular

    108
    Jan 26, 2018

    That explains it. An attorney telling us why we should employ their services to draw up a contract.:hiding:
     
  18. Ctein

    Ctein Mu-43 Regular

    Dear Mike,

    In fairness to ralf, this is what he wrote:

    "write something up that says they will get a copy and can display it or whatever"

    He did not say hire an attorney (him or any other). He's wrong about the need to do this, but he is not being self-serving.

    pax / Ctein
     
  19. PakkyT

    PakkyT Mu-43 All-Pro

    Jun 20, 2015
    New England
    Just realized we have a copy of the Harry Potter books here in the house. It wasn't clear when we bought them, so I guess now I own the copyright on those books? Man, I can not wait for those royalty checks to start rolling in.

    :coco:
     
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  20. Mikehit

    Mikehit Mu-43 Regular

    108
    Jan 26, 2018
    Yeah, I was being a bit cheeky (hence the emoticon)
     
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