selling photos rights

Discussion in 'Open Discussion' started by Fred49, Jun 9, 2010.

  1. Fred49

    Fred49 Mu-43 Regular

    169
    Feb 24, 2010
    FRance
    It wasnt the purpose but as i just recieved an A3 photos book from my april-may holidays in Patagonia, there was a paper from the printer about buying the rights for 130€ not in money but to be deducted from my next commands.

    I am hesitating , this would cover the print of my next A3 book, there is only half a dozen picture with me or my wife, and none embarrassing...
    And i wont sell my pictures otherwise anyway.

    Anything else i should consider before signing ?
     
  2. BBW

    BBW Super Moderator Emeritus Charter Member

    Interesting... I'm not an attorney, but I am the daughter of one so have the built in requisite paranoia:wink: and would be a bit unsure about this. I think I'd rather pay the money unless you really don't care where your photos could be used. If, however, they would state in writing that they would only be used for such and such...and you're OK with that...

    I'm sure you'll get more helpful feedback Fred.
     
    • Like Like x 2
  3. mauve

    mauve Mu-43 Top Veteran

    892
    Mar 9, 2010
    Paris, France
    According to what I know, 130 € is not even the price for one single advertising image from a pro, and this price is only for a 'use once' licence. You're not a pro, so you might accept a discount, but don't forget that by going this low, you're dumping the market.

    This price point is a joke, plain and simple. Without any more restrictions, your licensee could even make money on you by reselling your pictures himself (depending on your local laws on IP).

    I understand your impulse, but if your printer is interested, and willing to exchange service instead of paying cash, you should discuss this thoroughly. Raise the counterparts, limit the scope (basically, 3 options : blanket licence where he owns completely the pictures, unlimited or time limited use for himself and for any of his personal purposes, or one shot license), protect yourself against embarrassing usages (you don't want the face of your wife used as a character in a 'green' sextoy advertising campaign), and set limits on what editing you accept.

    Don't forget that if the printer refuses restrictions that are important to you, it's because he's already ready to do what you don't want.
     
    • Like Like x 4
  4. Fred49

    Fred49 Mu-43 Regular

    169
    Feb 24, 2010
    FRance
  5. mauve

    mauve Mu-43 Top Veteran

    892
    Mar 9, 2010
    Paris, France
    Don't forget either that when you're exchanging services, your buyer is quoting you in list price (which in europe usually includes VAT), but is paying you at production price. So for him to offer 130, is equivalent to pay 130 minus ~20% VAT and minus his margin (probably in the vicinity of 20%). So the cost of buying your pictures for him is worth ~70€.
     
    • Like Like x 2