jalpuerto
Member
Hello everyone,
I received an email yesterday from a company called Hey, Inc. asking to purchase a license to use my photograph, Tokyo Rush, as the background for one of their opening screen backgrounds when a new user first uses the application. The photo can be seen at the following link as well: 500px / Photo "Tokyo Rush" by Jose Miguel Alpuerto
Proposed License Agreement by Hey, Inc.:
Assuming I read it over correctly, the company is asking for one-time use for an undefined amount of time. With an application like this, I may ask to have my name along with a copyright symble placed onto one of the corners of my photograph. Here is what was also mentioned within the email:
"We are creating a private journal that writes itself on your iphone. Below is an example of how we would use your photo in the app. This image would be on an iphone. We expect to have hundreds of thousands of users and each one will see this image when they open the app for the first time. Attached is the contract that I would propose. We are happy to discuss any changes or edits. "
What are your thoughts about this? Should I be asking for more than $150? What are your thoughts on how I should be credited to my photograph within the application?
Thanks in advance and hope to hear from someone soon!
Jose Alpuerto
I received an email yesterday from a company called Hey, Inc. asking to purchase a license to use my photograph, Tokyo Rush, as the background for one of their opening screen backgrounds when a new user first uses the application. The photo can be seen at the following link as well: 500px / Photo "Tokyo Rush" by Jose Miguel Alpuerto
Proposed License Agreement by Hey, Inc.:
Assuming I read it over correctly, the company is asking for one-time use for an undefined amount of time. With an application like this, I may ask to have my name along with a copyright symble placed onto one of the corners of my photograph. Here is what was also mentioned within the email:
"We are creating a private journal that writes itself on your iphone. Below is an example of how we would use your photo in the app. This image would be on an iphone. We expect to have hundreds of thousands of users and each one will see this image when they open the app for the first time. Attached is the contract that I would propose. We are happy to discuss any changes or edits. "
What are your thoughts about this? Should I be asking for more than $150? What are your thoughts on how I should be credited to my photograph within the application?
Thanks in advance and hope to hear from someone soon!
Jose Alpuerto
marcr1230
Well-known
I would let them use it for free, just so I could have bragging rights
How hard would it be for them to use another photo?
I'd say don't push them too far otherwise they drop you and talk to #2
How hard would it be for them to use another photo?
I'd say don't push them too far otherwise they drop you and talk to #2
jalpuerto
Member
Thanks for the reply. I fully agree that I shouldn't push my luck. Here's what another user from The Photo Forum left me with:
KmH said:
I feel that with this being a license for electronic usage versus printed usage, maybe I should consider licensing my photograph to them for an extended period of time, rather than indefinitely. A fee of $150/year or even every couple years seems doable since the application may die out or boom within that time period. Thoughts on that?
dave lackey
Veteran
Hey, never give away your photos. The contract amount of $150 is fair enough and is probably good enough to get your foot in the door with this as a reference. Don't push it too far but never, ever give photos away for free.
And that, is from someone who has been in the business world for over 40 years.
And that, is from someone who has been in the business world for over 40 years.
marcr1230
Well-known
By they way - great photo!
jalpuerto
Member
Hey, never give away your photos. The contract amount of $150 is fair enough and is probably good enough to get your foot in the door with this as a reference. Don't push it too far but never, ever give photos away for free.
And that, is from someone who has been in the business world for over 40 years.
Thanks for the tip, Dave. Certainly won't ever oversell myself and even more so, undersell myself! $150 does sound within the ballpark since the same photo was featured on a double page spread in NPhoto magazine previously on a similar license agreement.
jalpuerto
Member
user237428934
User deletion pending
Your copyright on the photo definitely destroys a layout. Have ever seen a copyright on the photo in a professional production? If you ask for this, you look really unprofessional.
The price is not so bad I think. If you try to stretch it too far, they might go for another photo and that could easily be from a microstock site where they get the needed size with unlimited use for under 50$
Godfrey
somewhat colored
Agreement looks good, price seems about right. Take the money and enjoy having sold some work. Don't mark up such a nice photograph with a watermark!
Really, I had a major corporation try to get away with far more rights for far less money. I turned them down. I'd have gone for this deal.
G
Really, I had a major corporation try to get away with far more rights for far less money. I turned them down. I'd have gone for this deal.
G
mugent
Well-known
It's a great photo, but as others have said, they will have others in mind, so take the cash!
willie_901
Veteran
I think the compensation may be fair. You could research at stock photo prices and see what the going rate is for usage without time restrictions.
At the same time, it is unlikely the will use the image for for more than three years as apps are redone and refreshed.
Most important though is the usage is restricted. The agreement has no provision for advertising, commercial use (apparel, accessories, etc) or other promotional usage. The client couldn't even make a poster of your image for display at a PR event, I would add a clause that specifically states usage for all purposes other than the app opening screen requires additional licensing. If the client sends your photo to reviewers, magazine and bloggers for promotional purposes, you should be paid more. if the third party photographs the app on a screen, that usage is free as it shows the product. If this is limited sage (app only) is acceptable to your client, than the price is a bit low, but reasonable.
At the same time, it is unlikely the will use the image for for more than three years as apps are redone and refreshed.
Most important though is the usage is restricted. The agreement has no provision for advertising, commercial use (apparel, accessories, etc) or other promotional usage. The client couldn't even make a poster of your image for display at a PR event, I would add a clause that specifically states usage for all purposes other than the app opening screen requires additional licensing. If the client sends your photo to reviewers, magazine and bloggers for promotional purposes, you should be paid more. if the third party photographs the app on a screen, that usage is free as it shows the product. If this is limited sage (app only) is acceptable to your client, than the price is a bit low, but reasonable.