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Archive 2012 · How to handle this request???
  
 
jbr13
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p.1 #1 · p.1 #1 · How to handle this request???


I got the following email two nights ago. It has really got me thinking, and I am not sure which way to go here. Any comments or opinions would be appreciated.







"My name is *******, by way of introduction, and I'm writing you to ask for permission to use one of your photos on a website I'm creating. The site is currently in draft form and before I make it public I wanted to know if I had your permission to use the photo.

As part of a group that bought the old Catamaran's restaurant, we are in the process of cleaning it up and looking for a person that wants to open a nice restaurant on the property. The purpose of the site is to showcase the property, the Solomons Island area, and just as importantly our vision on what type of restaurant we would like to see there to help keep making Solomons a great place to visit.

If you are OK with letting me use the photo, I would obviously ensure that credit was given to you and I would also make a blog entry on the site with a link back to your site to help drive visitors. We are planning on doing a pretty big marketing push over the next two months to showcase the property."



I did my research and they are simply doing a wordpress website to sell this restaurant and property that comes with it. My feeling is, pay me to use my photo as it is part of your advertising. I figure once I ask for payment, they will not use my photo and the deal will be done.

Next part is the tricky area, read on....



"Additionally, I think your photos are truly amazing and I wanted to know if you would be interested in placing some of the canvases in the property to showcase them for sale as we bring people through the facility.


Thank you in advance for your consideration of this request and I hope we can work something out. If you are not comfortable with this, I will clearly remove the photo immediately upon your request."



With that statement I am thinking the want canvas prints on the walls so the place doesn't look so bare, and helps show the place off to potential buys of the million dollar plus property.



I see it could work two ways. One I spend a $200-$400 to get a few more canvas prints done. I hang them in this property and when the place is sold I am stuck with a few extra canvases. The second option, I could end up selling the canvas prints to the buyer of the property.



Any advice ?



Thanks

Jason



Aug 26, 2012 at 06:41 PM
Genes Home
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p.1 #2 · p.1 #2 · How to handle this request???


Depends on what kind of contract they are willing to sign concerning placement of artwork in the facility......and how much of YOUR money you are willing to invest in this venue as opposed to gallery or other placement.

plus...........in my experience artwork in a commercial establishment doesn't ever sell worth a flip........and eventually becomes degraded (especially frames from handling and artwork from light fading) to the point they have to be written.

Quite frankly, it is a well written "capture" letter designed to convince you of their sincerity at no cost to themselves...... Even if totally true and honest, your participation is going to cost you serious money with no promise of future business or renumeration.

Offer them a "commercial/volume discount" that pays your expenses plus a reasonable profit and if they walk away from it you will know it was the right call.

Gene



Aug 26, 2012 at 06:50 PM
MikeW
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p.1 #3 · p.1 #3 · How to handle this request???


They are offering you the ability to hang frames to make you say sure use the image you want free of charge.

Do as you plan, charge for the image in question & move on



Aug 26, 2012 at 08:10 PM
GeorgeM
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p.1 #4 · p.1 #4 · How to handle this request???


Although you are the first to mention this 'amazing' offer I suspect you are not the only one to receive it.

Offer them you going rate for a web image. They'll either see it as part of their promotion for the site or will move on to another photographer willing to play ball with them on their terms.

George



Aug 26, 2012 at 08:25 PM
dswiger
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p.1 #5 · p.1 #5 · How to handle this request???


Unless you get paid the going rate for the image AND any printed images you make,
don't give away your work.

Its always tempting to have your work displayed but you paying for the privilege is not a good bargain.
If they are a business, they make money. If they need something to help their advertising & therefore their sales then they should pay for it

Dan



Aug 26, 2012 at 08:57 PM
gdanmitchell
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p.1 #6 · p.1 #6 · How to handle this request???


I would be quite leery of an "offer" like this unless you personally know the writer, trust him immensely, and are willing to give your work away with almost no prospect for any income or sales - and pay a lot to printing and framing out of your own pocket.

I would discuss rates and terms for usage of the web image, and not hold out much hope.

Dan



Aug 26, 2012 at 09:09 PM
swoop
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p.1 #7 · p.1 #7 · How to handle this request???


jbr13 wrote:
I see it could work two ways. One I spend a $200-$400 to get a few more canvas prints done. I hang them in this property and when the place is sold I am stuck with a few extra canvases. The second option, I could end up selling the canvas prints to the buyer of the property.



This is not going to happen. Whoever buys the property will assume the prints came with it. I promise you your name will not come up during the deal when the owner, the buyer, the contracts, the lawyers and a checkbook are all in the same room. And who's to say when someone/some corporation buys the property they won't just shut it down for 3 months for construction. The buyer may have a whole different plan for the property. You think you'll be able to just walk in and grab your prints off the wall if you're lucky enough that they weren't just tossed in a bin.

That said, if you want to let them use your photos on their website. I say charge a fee, even if it's small. Something is better than nothing.



Aug 27, 2012 at 02:51 PM
tcphoto
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p.1 #8 · p.1 #8 · How to handle this request???


It sounds like a "help me, help you" proposition. In other words, he thinks that your images can help him sell the property but doesn't want to pay for the use. I would offer to license the image for the website and sell him prints based upon how they will be displayed. Why would you invest in prints, framing and hanging them in an environment that can potentially stain, destroy or be stolen without compensation? Has anyone ever bought a print they saw in a bar or restaurant?


Aug 27, 2012 at 03:40 PM
 

Search in Used Dept. 



mdude85
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p.1 #9 · p.1 #9 · How to handle this request???


swoop wrote:
This is not going to happen. Whoever buys the property will assume the prints came with it. I promise you your name will not come up during the deal when the owner, the buyer, the contracts, the lawyers and a checkbook are all in the same room.



I think it would be fairly clear that the prints are there for staging purposes -- like all the other furniture and accessories -- and do not convey with the property unless specified in the listing or by the participating agents.



Aug 27, 2012 at 04:21 PM
jbr13
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p.1 #10 · p.1 #10 · How to handle this request???


Thanks all, I responded with my one time usage fee, and terms and conditions for use on their website. I will see if they even respond.

Thanks again all,
J



Aug 27, 2012 at 04:41 PM
DTOB
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p.1 #11 · p.1 #11 · How to handle this request???


Why not just offer to sell the canvases to them directly?

I would offer however many prints at whatever your usual markup is, and if they sell the building, they can roll that into the price. What's a couple of thousand dollars on a million dollar property?

That way you get your money up front, and you could even throw in usage rights on the image they want for their website.



Aug 28, 2012 at 06:06 PM
RustyBug
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p.1 #12 · p.1 #12 · How to handle this request???


Treat them as real estate photographs ... sitting fee, & costs to produce prints up front. Additional profit @ due closing ... CONTRACTUALLY WRITTEN.

Don't buy into the "blog thing" ... if they legitimately have the contract to list & sell the property ... and are building a "special site" to market from, they still have advertising / marketing capital to work from.

Write your own contract (rough draft to start) as to what you want / need from it. Then consider that they are simply trying to minimize their upfront capital outlay (which does NOT MEAN THEY HAVE NONE AVAILABLE). Cover your bases at your costs & time ... offer to take MOST OF YOUR PROFITS on the back end @ closing, but have it be LEGALLY BINDING that you get yours then ... and make it worth your while. Consider where your risks are ... safeguard them. Consider where THEIR risks are ... safeguard them (notice yours came first). They are "waiting" for the big "payday" at closing. Be part of their team and wait on your "payday" at closing as well ... but don't wait on your expenses (up front).

When I do real estate pics ... I do them to "HELP" THE SELLER MOVE THE PROPERTY (as part of the marketing team) ... but I get some of mine up front, and even more on the back end for the higher valued property. My real estate agents keep ringing my phone because they appreciate I'm sharing the risk with them ... not gouging them ... but also covering my bases and waiting on the bigger payday at the back end.

Them asking is a good thing & proper. But, this is not an "oh gee, this sounds like fun, good exposure". If they come ask me to shoot them ... it's going to cost them ... but I'm flexible in structure, but I'm also not going to get "hosed" in the process. If I'm helping you make big $$$ by doing a part of your job that you can't (superior marketing materials) ... I get a piece of the pie as well. If you (real estate agent/broker/seller) can't appreciate that ... good luck with your point & shoot and on camera flash.

BTW ... pics don't sell property ... they help get the agents phone to ring and put a memory into people's minds when shopping @ preliminary stage that hopefully makes them want to see more ... "Ring, ring. Mr. agent, can I see ... "

IMO ... don't give it away or take on the risk that could "die on the vine". But if they'll joint venture the expenses up front ... then reciprocate the joint venture @ profit on the back.

I figure if I'm doing 5% - 10 % of their job for them (marketing materials) ... I should get 5%-10% of their commission @ closing (even if I discount to 3%-5%, it can still be a nice number) ... or they can just pay for it upfront via a day rate or retail flat fee and I go on my way.

Risk / Reward ... it cuts both ways.

If they are willing to SHARE the reward with you, you might consider SHARING the risk with them ... otherwise, "NO FREEBIES".


Don't play the game of you put up the risk, they reap the reward ... feigning some promise of "snake oil" reward for you @ exposure. They are in it for the business of money ... so are you. That doesn't mean you have to be "tough guy" @ hard line ... but, if there isn't any "hard" money in it for you (not the promise or hope of "potential" or "credit" or "exposure") ... either now or later ... PASS.



Aug 28, 2012 at 06:39 PM
williamkazak
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p.1 #13 · p.1 #13 · How to handle this request???


I am thinking; how is this photographer going to get paid if the prints are on the wall in frames and the seller is gone after selling the business? Get your money for prints and frames up front and then be done with them immediately.


Oct 24, 2012 at 05:41 PM
BenV
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p.1 #14 · p.1 #14 · How to handle this request???


williamkazak wrote:
I am thinking; how is this photographer going to get paid if the prints are on the wall in frames and the seller is gone after selling the business? Get your money for prints and frames up front and then be done with them immediately.


+1
when the place is sold, you'll never hear from them again



Oct 24, 2012 at 08:16 PM
markd61
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p.1 #15 · p.1 #15 · How to handle this request???


Well, how did it work out?

I am guessing that the slightest mention of price shut them up.
I get a lot of "requests" like this. As soon as you discuss any payment whatever they disappear.

They exist because there are millions who believe that "photo credit" is really great.

Real clients pay real money. Weasels pay "photo credit" or less.



Oct 24, 2012 at 08:31 PM





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