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Archive 2012 · Flickr request to use a photo
  
 
Timmeh
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p.1 #1 · p.1 #1 · Flickr request to use a photo


Hi everyone,

I received an email from a web magazine requesting the use of a photo from my flickr stream. This is mostly a hobby for me, and have made minimal money on selling a few landscape prints here and there. I'll leave out my own opinion for now just to get some discussion started. Here's the language used in the email with summarization where appropriate:

"[We would like to use photo X and can offer you credit with a full name and/or website].

In addition to possible publication on [X Magazine], [Y Publishing] (and its affiliates and licensees) may reproduce, distribute, display and publish the images taken in and via webpages, websites and other publications, products and services that contain, exhibit, or are branded with the name or logo of the Magazine or Website, and use the Photographs for the promotion of the foregoing.

By providing the images to [X Magazine] you thereby confirm that you grant [Y Publishing] the rights to use the Photographs as described above, you have those rights to grant, you represent that such use will not violate the rights of any third party, and you agree to take full responsibility for same."

Thoughts?

Tim



Mar 13, 2012 at 07:25 PM
Bernie
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p.1 #2 · p.1 #2 · Flickr request to use a photo


Sounds like you would be giving them rights to use your image for just about any purpose forever -- and for free....

And they would be able to license it as well. You would not see a penny.



Mar 13, 2012 at 07:59 PM
martines34
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p.1 #3 · p.1 #3 · Flickr request to use a photo


Am I reading it correctly: - are you allowing them the use of other images beyond the first image?

Seems to read that way to me.



Mar 13, 2012 at 08:02 PM
Derek Weston
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p.1 #4 · p.1 #4 · Flickr request to use a photo


Timmeh wrote:
Hi everyone,

I received an email from a web magazine requesting the use of a photo from my flickr stream. This is mostly a hobby for me, and have made minimal money on selling a few landscape prints here and there. I'll leave out my own opinion for now just to get some discussion started. Here's the language used in the email with summarization where appropriate:

"[We would like to use photo X and can offer you credit with a full name and/or website].

In addition to possible publication on [X Magazine], [Y Publishing] (and its affiliates and licensees) may reproduce, distribute,
...Show more

Sounds like they get to do anything they want with it. Personally... don't mind giving out some items free -- I'm just a hobbyist right now -- but not if someone is going to turn around and profit off it.




Mar 13, 2012 at 08:06 PM
Trevorma
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p.1 #5 · p.1 #5 · Flickr request to use a photo


I would say NO.....

Look they make money off of X Magazine, they can afford to purchase images for X Magazine. Go buy a copy or look through a copy of X Magazine and count the number of ads in it.....

If this were a local charity or sports club or... you get the idea, but Magazines MAKE money.



Mar 13, 2012 at 08:09 PM
Timmeh
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p.1 #6 · p.1 #6 · Flickr request to use a photo


Trevorma wrote:
I would say NO.....

Look they make money off of X Magazine, they can afford to purchase images for X Magazine. Go buy a copy or look through a copy of X Magazine and count the number of ads in it.....

If this were a local charity or sports club or... you get the idea, but Magazines MAKE money.


Just to clarify, this is a web magazine. However, I realize that they still make advertising money.



Mar 13, 2012 at 08:12 PM
Trevorma
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p.1 #7 · p.1 #7 · Flickr request to use a photo


The odds of you gaining anything outside of web hits is MINIMAL, not worth it IMHO.

I have been featured on the Pocketwizard website for a month now and it has got me a TON of hits, a bunch of emails saying congrats but no business I would not have had if I were not featured there.....



Mar 13, 2012 at 08:16 PM
monochrome
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p.1 #8 · p.1 #8 · Flickr request to use a photo


Yeah, this is a no, they want your image to do what they want and just give you credit.


Mar 13, 2012 at 08:18 PM
JimFox
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p.1 #9 · p.1 #9 · Flickr request to use a photo


I would ask for a small amount of money... make a little off it... they are going to credit you, and as a hobbyist, or even if you decide to do more later on, the ability to have your name out there and get exposure is more valuable than anything... but in the end, if they don't want to give you $100 for the rights to that shot, I would still do it.

The one thing I would watch for is that you don't want to lose your rights to the shot. Unless it's a shot that for you is no big deal. And again, even with that, I would balance that with what it would be worth to you to get the exposure and some bragging rights of having your shot used...

So, I would say go for it...

Jim



Mar 13, 2012 at 08:19 PM
pjbuehner
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p.1 #10 · p.1 #10 · Flickr request to use a photo


This happens all the time. No should be the answer. Your photos are worth something and you should be paid period and you should be paid very well if you are giving all rights away. The problem these days is that people with cameras love the idea of being published so they give their work away. This undermines the business and makes it harder and harder to make a living.
Try asking for money and odds are they will say but you will get photo credit and great exposure. Then when you say that you deserve to be paid, they will pass and find someone to do it for free.
Just my 2 cents



Mar 13, 2012 at 08:31 PM
 

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Ear Mountain
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p.1 #11 · p.1 #11 · Flickr request to use a photo


I want control of who publishes my images and where they are published. I would not give my image away in this manner. If it was a charity I believed in I might give limited rights but I'd never just give my image away. To me the answer is easy. It's NO.


Mar 13, 2012 at 08:38 PM
Dave R.
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p.1 #12 · p.1 #12 · Flickr request to use a photo


Somehow the words "pound sand" come to mind. Might be the appropriate response.


Mar 13, 2012 at 08:38 PM
Derek Weston
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p.1 #13 · p.1 #13 · Flickr request to use a photo


pjbuehner wrote:
This happens all the time. No should be the answer. Your photos are worth something and you should be paid period and you should be paid very well if you are giving all rights away. The problem these days is that people with cameras love the idea of being published so they give their work away. This undermines the business and makes it harder and harder to make a living.
Try asking for money and odds are they will say but you will get photo credit and great exposure. Then when you say that you deserve to be paid, they will
...Show more

While I get your angle -- I encounter this discussion a lot with storm video media... it makes sense -- I'd side with Jim in this situation.

Jim basically described how I'd handle the situation. For me it would be about exposure. I'm a hobbyist and would like for my work to be known... and even if I become a pro someday, this would have been a good step. A pro needs to be known.

Of course it wouldn't make sense for someone that's a pro, makes $$$ and everything with it.

So the question is quite contextual to me. (although... aren't they all)




Mar 13, 2012 at 08:39 PM
Ear Mountain
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p.1 #14 · p.1 #14 · Flickr request to use a photo


One more thing, this magazine makes money. I'll bet they are doing it by using good photographs obtained for free. I wouldn't join the crowd.


Mar 13, 2012 at 08:39 PM
Trevorma
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p.1 #15 · p.1 #15 · Flickr request to use a photo


Jim basically described how I'd handle the situation. For me it would be about exposure. I'm a hobbyist and would like for my work to be known... and even if I become a pro someday, this would have been a good step. A pro needs to be known.

I don't think that one image in a digital magazine is going to gain you much exposure, aside from the fact you get to say that you are "published".....giving you credit and using the word exposure is the best way for a company to scam you out of your work......




Mar 13, 2012 at 08:47 PM
Derek Weston
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p.1 #16 · p.1 #16 · Flickr request to use a photo


Trevorma wrote:
I don't think that one image in a digital magazine is going to gain you much exposure, aside from the fact you get to say that you are "published".....giving you credit and using the word exposure is the best way for a company to scam you out of your work......



Depends on how much exposure the magazine has, naturally. The thought is that it only benefits you to share your images like this if you don't have much notoriety -- everything helps.

On your work... depends how you value you it. I have a number of photos that would probably do me more good to share than to keep because they just aren't that valuable. Some I would not give away, however. (so in this case I'd have to see what the author possesses)




Mar 13, 2012 at 08:52 PM
Trevorma
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p.1 #17 · p.1 #17 · Flickr request to use a photo


The thing is the thought that exposure = success at some point is flawed. If your work is good (and assuming a magazine wants to use the image there must be some good work being done by the OP) then you will get your recognition without sacrificing morals, or giving in to the big business abusing little photographer.....


Mar 13, 2012 at 08:55 PM
Derek Weston
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p.1 #18 · p.1 #18 · Flickr request to use a photo


Trevorma wrote:
The thing is the thought that exposure = success at some point is flawed. If your work is good (and assuming a magazine wants to use the image there must be some good work being done by the OP) then you will get your recognition without sacrificing morals, or giving in to the big business abusing little photographer.....


Morals... There is no right or wrong that way. You're not a bad person -- or even dumb or whatnot -- for giving away all your images. Purely how you see the world.

Of course I am not in favor of letting others profit off my images, or to take credit for my work. (but even if you didn't care -- and on some levels, I don't -- so what?)

I never said exposure had to equate to success. It could... but not necessarily. It certainly can help.

Take youtube for example. Lots of folks let youtube profit off of them via advertisements so that they could share their work with the world. Sure... could've built their own website, hosted their own videos... but the exposure chances were nowhere near what youtube could offer. For them the move made sense.

Same here with some of our images. (albeit on a much smaller scale)

Sure, good work gets noticed. To be noticed it must be seen.

I want to get a website up soon with some of my work. I don't know that I'll ever aspire to be a pro, but I would like to share my work with the world. There are some images I'd gladly share with a website that wants to display my photography if they link back to my website. (so long as they don't directly sell or market the photograph outside its originally intended use)



Edited on Mar 13, 2012 at 09:12 PM · View previous versions



Mar 13, 2012 at 09:09 PM
river rover
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p.1 #19 · p.1 #19 · Flickr request to use a photo


Are you hoping to do more pub work? Then don't do it. If the pubs can get ALL of their pics for free, and you've proven that you are willing to give your stuff away, other pubs will expect it as well. If you decide you want to get paid at some point just be ready for them to massively underbid or decline altogether. There will be someone who will give them a similar photo for free just like you did. If you're driving traffic to a your website or photo hosting account,make sure that a url is included in the credit. If you just want to see your name under a credited photo because you think it'll be cool, that's fine too, but if enough people do it it WILL have an impact on those who do it professionally.


Mar 13, 2012 at 09:12 PM
itchhhh
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p.1 #20 · p.1 #20 · Flickr request to use a photo


At the end of the day its a subjective question. Personally I've charged and given away one-time usage of my photo's. Who is asking plays a big part in the decision making process for me. How is the image used and how many people will see it? Also a "not-for-profit" organization would be treated differently than a "for-profit". Ultimately though, I'm interested how much traffic will the image drive to my web-site...

Just some things I think about....

Edited on Mar 13, 2012 at 09:13 PM · View previous versions



Mar 13, 2012 at 09:13 PM
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