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My Image Requested For Use (Credit or Payment)?


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#1 SFLDiver

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Posted 18 April 2011 - 07:19 AM

Not sure if I'm in the correct Forum, if not I'd be happy to post it elsewhere...

The photo editor of a large dive magazine recently emailed me about one of my images they found within my public gallery on another online message board. They indicated they needed the original to see if the size would work for an article they were preparing within one of their upcoming issues. I took the photo a few years ago with a smaller point-n-shoot / strobes / lens setup. The image is of a friend of mine wearing a rebreather and full face mask in the keys. They claim the image was a tough to source item, because the theme was advanced dives on a specific popular wreck in the keys. I provided them a watermarked version of the original image via email, and told them I'd be happy to provide them with the original, once we agreed upon it's use and how I would be credited.

I have been shooting uw pictures for a few years now, and have won a few small photo contests and received several requests to use my pictures, which I've usually been happy to grant, because they were usually from acquiantences and friends, and not for large scale profit entities.

Today, I received another email from the photo editor requesting my original, because they would be going to print soon. They did not mention anything regarding payment, but did ask to confirm the correct spelling of my name for the crediting of the photo within the article.

Since I'm a newby, at this point would I be foolish not to request payment (I've heard this entity pays stock rates, but I don't know how much that is or how to inquire as to that payment), or should I just be happy with the crediting of my photo within this large magazine, which I might be able to use within my bio and which may make it easier for me to break into the selling of pictures?

Any advice would be appriciated.
Adrian Soler
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www.adriansolerphotography.com

#2 TheRealDrew

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Posted 18 April 2011 - 07:58 AM

Since I'm a newby, at this point would I be foolish not to request payment (I've heard this entity pays stock rates, but I don't know how much that is or how to inquire as to that payment), or should I just be happy with the crediting of my photo within this large magazine, which I might be able to use within my bio and which may make it easier for me to break into the selling of pictures?

Any advice would be appriciated.



Sounds like you should be paid for the use based on the item. Thought there is often a debate about when to give photos away or not, it sounds like a large magazine using a photo that is rather unique, well you should be paid something for it. Even if stock rate. You should make the inquiry and also find out what uses they expect to get for the photo. Again, people will have different opinions (i.e., solely in the one issue, no right to reprint or otherwise use) but if you are comfortable with the uses and price....

Some photographers will have their own terms of use/license they will send along and some may be restrictive.

The bottom line to me sounds like you have a nice break here to get a photo in and you should check out the details of what is proposed. Even if not 100% what you would like in terms of price or what they expect for uses, it could be a nice balance of getting paid, getting credit and putting it on the resume.

#3 decosnapper

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Posted 18 April 2011 - 10:05 AM

Most magazines will have stock rates. Best to ask the editor up front before hand, and negotiate if your image really is unique and they really need it.

Generally; The higher circulation = higher paid-for ad rates = higher image use rates.

Drew is right; check what rights they want for the fee; this can range from 'single use' (one printed edition of the magazine) to 'Single use + electronic edition' (printed media + electronic web edition of same) to 'All rights' (The right to use, reuse, sub-license (for money) for the life of copyright on the image - 70 years after death of photographer here in the UK). The more use rights needed, the higher the fee.

Unless the fee is very, very, very, very good 'all rights' is best avoided in my view.

Edited by decosnapper, 18 April 2011 - 10:08 AM.

Simon Brown

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#4 Kilili

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Posted 18 April 2011 - 12:00 PM

Good info posted. Make no assumptions, get everything clarified in writing. Otherwise, you have no right to expect anything.
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#5 SFLDiver

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Posted 18 April 2011 - 12:22 PM

I did get back to the photo editor, inquired as to the particulars of the intended use of the picture, then brought up the issue of compensation. The editor indicated they pay stock rates, and provided me with the amount, then emailed me a W-9.

Had I been more seasoned, I might have been more comfortable valuing my work, and therefore addressing compensation upfront, perhaps even negotiating for a better rate.

However, this was definitely a good ice-breaker for me. I'm happy to have my first sale under my belt.

Thank you all for the great advice.
Adrian Soler
Canon 60D, Nauticam NA-60D Housing, Tokina 10-17 Lens, Dual Z-240 Strobes
www.adriansolerphotography.com

#6 furby076

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Posted 22 April 2011 - 05:00 AM

Before responding to the editor a few things:
1) Check the e-mail and make sure the domain (the portion after the@ symbol) is legitimate.
2) Get a phone number. Sorry, but giving W-9 personal info is not going to happen if I didn't meet the person. There are way t oo many identity thieves out there
3) If you plan on selling more in the future think about registering an LLC (not expensive) and have them pay you as a contractor. You are responsible for paying the taxes, so they do not need your social.

Congratulations on getting your picture in the mags! When it is out for publication, and if you don't mind, post it here?
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