Need Advice

[Peter]

Dear Friends,

A stock agency wants to buy the rights of my photos but the terms dictate that I would not be allowed to post them anymore. What should I do?

Regards,
Peter

 

[dmr]

What should I do?

Well, uh, either don't sell them or don't post them. 🙂 🙂 🙂

 

[bmattock]

I guess that they want to be sure they don't get a situation like this:

http://carbuying.autoblog.com/entry/1234000887030399/

It seems Chevrolet didn’t check to see if anyone else was using the same song for the soundtrack to its latest round of Cobalt ads. The Internet phone company Vonage was already using the song “Woo Hoo” when Chevy started airing the ads. Of vourse the music publisher didn’t fill Chevy in on it either and points to the non-exclusive contracts as a reason for their omission. Although I’m betting that publisher won’t get business from GM ever again.

So the question is, do you want to sell your photos as well as the exclusive rights to use them, or not?

But then, I've never sold a photo to a stock agency, so I don't know what the usual rules are.

Best Regards,

Bill Mattocks

 

[canonetc]

Need Advice Stock Photo

Need Advice Stock Photo

Hi Peter,

All contracts are negotiable. Sounds like they want to insure that no one can buy or download it from elsewhere (like you, the creator), even a fairly unprintable 72dpi image. Tell them you want to be able to post them on your personal website (with a shared credit such as " (C) Peter/Stock Exchange.com"), or have usage rights for self promotion (which means they will still have to be the referrral source for the image), and ask them to rewrite the contract to reflect that.

Or, take the contract and with a pen or pencil cross out the line concerning that stipulation, then fax it back to them. If they're serious, they'll negotiate.

For more good contractual advice, check out Editorial Photographers website:

http://www.editorialphoto.com/

This is the test of modern photographers, or those newly entering the stock market. The stock companies want everything, and think if you're new they can just hand you a contract and say, "Well here it is. Everyone else has signed, why not you? You better sign, or we'll use someone else's work..." . I used to shoot some spec work for Zuma Press. They sent me a letter recently saying no royalties would come my way if a photo sale was below $200.00. So if Newsweek wants a photo for $199.99, I get nothing. A credit, sure, but no payola.

Negotiate. They want your images for a good reason. They're good.

Chris
canonetc

 

[Doug]

Congratulations for being wanted, Peter! What a wonderful validation of your efforts...

It occurs to me they might compromize on a limited size and resolution for your own web posting... So small as to be commerically unusable, therefore no threat to their sales. Say about 341x511 pixels might satisfy them and be large enough for you? That would be about 4.75x7.25 inches at 72dpi.

 

[Todd.Hanz]

That's great Peter, congratulations! Keep in mind everything the others have said but also this, if you still have in mind to create a book showcasing your culture will you be allowed to use some of those images? This is a tough call, keep us posted!

Todd

 

[Peter]

Thank you guys for your advice and encouragements! I will keep you all posted on the development of events. 🙂

 

[Nikon Bob]

Very nice dilema to have and I hope you can work it out. Be sure and let us know the outcome.

Bob

 

[MCTuomey]

Yes, congratulations, Peter! A deserved offer, no doubt. I second the comment regarding negotiability. The other party is simply making an offer, no different conceptually than a bid here in the classified section. You've entered a process where coming to mutual agreement on terms in the goal. So make a counteroffer, stating you wish to be able to continue to further your own professional development by posting photos on websites dedicated to that purpose (rather than commercial sales).

If the agency has your interest at heart, it will modify the offered terms to accommodate your very reasonable request.

Good luck!

 

[Peter]

The stock agency refused to change the terms of the contract! What is the use of taking photos and not able to share with my friends! But I have no regrets in turning them down with their offers. But it is a good experience though.

 

[phototone]

I know that when I shoot subject matter that I find important to me, I will shoot a lot of images, and even if I sold the complete rights to "one" of them, I still have the other shots left to do as I wish.

I have never heard of a sale where the photographer didn't end up with the rights to use his work for his own personal portfolio and self-promotion.

Even my commercial work, which has specific products in it for individual companies, I still retain the right to use for my own self-promotion.

 

[Designer]

Congratulations! Peter, it's really a good experience.

Keven

 

[FrankS]

Good on you for standing strong!

 

[canonetc]

Need Advice, Contract

Need Advice, Contract

Yes, congrats for staying strong! By the way, would you care to share the name of that scumba..., oops, I mean, stock agency so the rest of us know who to watch out for? If not (in case any fellow RFF's happen to use that same agency) then no problem...

Chris
canonetc