gdanmitchell Offline Upload & Sell: Off
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Trust me, "credit with full name and/or website" is not nearly as thrilling or rewarding as you might imagine it will be. Especially since the odds that a publication that traffics in free images they get from Flickr is probably not exactly going to be regarded as the most prestigious place to have your work (and name and website...) shown.
The only situation in which I might consider granting a cost-free license for use of a photograph would be if:
a. the organization was itself a non-profit, and
b. I believed in the work of the non-profit organization to such an extent that I would otherwise be willing to donate cash to them, and
c. they were willing to sign a licensing agreement that very strictly limited their use of the image in ways agreeable to me and in line with the specific intended use only and without any additional use allowed. I would include specific language spelling out that no other uses were permitted under the limited license and that any other uses would require a separate agreement to be negotiated prior to use.
Bottom line: from what you are telling us - and it is perhaps not the whole story - this doesn't sound like something that you really want to get involved with.
Dan
BTW: Though it may not be exactly related to this specific case, if you are ever presented with terms for using your photograph that you are not comfortable with, simply say so. I have licensed images to magazines (for a fee) and then been asked to sign an agreement that permitted all sorts of uses that were not part of the original agreement. In one case the publisher wanted rights to remarker my photographs and give me a very small percentage fee and no control over the uses. In another they wanted not only the license for use in print, but they wanted essentially unlimited use in electronic media. I did not agree to these additional uses and they went along. (If they do want additional rights, they can pay for them now or they can decide to pay for them later.)
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, 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
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