Thanks Mark and others who responded to this thread. I was thinking out loud to my wife about this last night and reached somewhat the same conclusions you did Mark... that either the person or business entity that wants to use the photos is likely going to profit from it in some manner. Ivana could just be collecting photos to compile and sell calendars, for all I know. If that's the case, I above anyone, deserve to profit from my photos.
While I may 'giveaway' photos to friends or allow them to use them for free personal use, their should be no expectation by a stranger who wishes to publish my photos for a commercial use, that they come without a price attached. I also agree that the suggestion the photos could be used at the web resolution and size is not very comforting and tends to make me think that she was hoping to use the pictures without charge, which is an unrealistic expectation, nor would I give my permission for such use. I also would not send out a high resolution image file without payment in hand first to someone halfway around the world. Thanks for the good advice from all. Tom C. >From: Mark Cassino <[EMAIL PROTECTED]> >Reply-To: Pentax-Discuss Mail List <[email protected]> >To: Pentax-Discuss Mail List <[email protected]> >Subject: Re: Request for photos >Date: Mon, 11 Dec 2006 21:25:44 -0500 > >Tom - > >This is where working with a good stock agency comes in handy. Then you >can say "Sorry - that photo is licensed to so-and-so stock and you need >to talk to them about it." Then the agency can sell it for $75 and give >you half. :-) > >On a more serious note - I'd ask them what they are using the photo for, >what the intended distribution is, and then quote a price that feels fair. > >I don't mind giving away photos for charities or environmental groups >that are promoting things I agree with. But it's silly to let someone >sell your work and make money off your image without giving you a cut. >You have to figure out how much money they will make off the deal, how >much of the effort you feel you are contributing, and ask for what seems >to be fair. > >That said - if you are getting good publicity and get a reasonable price >($100-$200 would be my ball park for an item sold for profit) then I'd >go for it. > >The one thing about the offer that gives me pause is that they would >consider using the web sized image. If your work is going to be >presented to the public it needs to be presented in the best possible >light. What kind of outfit would say "We can use the photo off photo.net >but it will look bad"? they are basically saying "We'd like to use your >image in a product and we don't care about the quality of that product. >Wow... > >I frequently send out high res tiffs to publishers. Larger higher >profile magazines will usually hit you up with their forms so that you >can certify that you have copyright to the image and can sell it >unencumbered, etc. With them I use their forms but read closely so you >are certain that you retain the copyright and that there are no hidden >"republication" clauses etc. Most of the publishers I've dealt with are >honest. > >If the publisher doesn't send a form I just generate an invoice with >basic invoice info (who I am, who I'm selling to, the price.) Under >'items sold' I just put "One time nontransferable nonexclusive license >to reproduce XXX copies of <image name> effective for XXX days from date >of invoice." The XXX's are the stuff you negotiate with them in advance. > >"One time" means no republishing. "Non-transferable" means they can't >broker the image to someone else. "Non-exclusive" means that you can >sell the image again. The limit on the number of copies and date lets >you control usage. If you are paranoid, send them the invoice in advance >with a line that says "I understand agree to these terms." Have someone >sign it and return it before delivering the photo. > >I never have seen a point in limited the geographic area where something >is printed or in limiting the language. However, those are often >standard clauses in publication agreements. > >As for sending out the high rez file - if I don't trust them, I don't do >business with them. That simple. So far I have never been burned >(though one struggling magazine took a couple of years to finally make >good on a $100 sale...) > >Good luck - > >MCC > > > > > > >Tom C wrote: > > Hi Gang, > > > > I'm just curious how you would respond to the following. Any ideas >would > > help me out. Thanks. > > > > Tom C. > > > > ------------------------- > > > >> Dear Mr Thomas Cakalic, > >> > >> My name is Ivana Reic, B. Sc. Design from Croatia. I saw Your photos on > >> photo.net, and choose part of your photo: *Seasons End **& Fractal > >> Frost_*for table calendar/planner. Planner would be printed for small > >> company (500 > >> peaces) as a gift for business partners. So, I am sending You this >request > >> for using a part of your photo (see attachment) for this project. > >> > >> For better printing of Your photo I would like You to e-mail me >*Seasons > >> End > >> **& Fractal Frost_* in higher resolution, 150 dpi. Even better if You >can > >> send whole photo. Dimensions of the printed material - photo are > >> approximately 30 cm x 11 cm (final dimensions I will receive from >printing > >> office on Sunday evening). As You can see, this is a small table > >> calendar/planner. If this is not possible I will use lowres photo from > >> photo.net site *but it won t be very nice even after photoshop. I need >to > >> finish editing by Monday 27th at 7am (CE time), and delivery of printed > >> material for investors must be 7.12.2006. After that there is no >problem > >> for > >> me to send you by post few copies, and if You like a .pdf file by > >> e-mail. Send me all informations that You want me to edit at the bottom >of > >> Your photo. > >> > >> What are Your terms besides printing Your name and name of the photo on >the > >> calendar? > >> > >> In hope for positive answer, > >> > >> Best Regards, > >> > >> Ivana > > > > > > > > >-- >- - - - - - - - - - - - - - - - - - - - >Mark Cassino Photography >Kalamazoo >www.markcassino.com >- - - - - - - - - - - - - - - - - - - - > >-- >PDML Pentax-Discuss Mail List >[email protected] >http://pdml.net/mailman/listinfo/pdml_pdml.net -- PDML Pentax-Discuss Mail List [email protected] http://pdml.net/mailman/listinfo/pdml_pdml.net
