wonderer Offline Upload & Sell: On
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p.1 #1 · p.1 #1 · Photo license input please (nature photos) | |
Greetings. Apologies in advance for the long post but I would greatly appreciate your help!
Let me start by saying I am not a pro, but an avid amateur bird and nature photographer. I have been approached by a friend who is developing a business that will include greeting cards. She has asked about using ten or more of my photographs for her products. We have started discussion regarding a licensing agreement.
One of my first stops was here, and then the ASMP website. I have gone through their information extensively. Another resource I reviewed was the blog of Caroline Wright, Photo Attorney (another helpful website). I’m getting a good idea of things to consider and have drafted a license that will be used as the starting point for discussions and negotiations with the prospective licensee.
Among the elements I’ve included are: media, distribution format, placement, image size, quantity of product using each unique image, duration, region, language, exclusivity, license fee, photo alteration, photo credits, and early termination.
Though I’m flattered my friend likes my work, I also know realistically this may not go far (or anywhere). However, I admire her gumption and can honestly envision her product line being successful and growing. So, I’m taking this seriously and hoping maybe I can advance with her business. There’s still a few things I’m wrestling with how to handle and would appreciate your input. I’ll include some of the draft license elements as background and then pose my challenges.
Copyright: Owned by me, along with all rights other than those specifically conveyed in the license.
Media: Print only, other than electronic display at workshops and her online website.
Size: No bigger than 4/12 x 5 ½ inches unless agreed to by both parties.
Quantity (# of cards or journals printed with unique image): Bookmarked for discussion but it needs to be specified. Additional quantities of an individual image could be handled with a new / separate license. [ASIDE: Are print runs of cards typically done in batches of 100, 200, 1,000 or is that entirely up to the client?]
Duration: She has proposed four years on the basis that it will take that long to develop her products and get them into the marketplace.
Exclusivity: She has proposed exclusive commercial use of the licensed images.
License fee: Unlike pros, I don’t have a daily cost of doing business but I hope to profit somewhat commensurate with her business. More about it below.
Payment in-full schedule: Proposed for each milestone of image transfer and use.
Early termination: May be done with 30-day advance notice by either party. Inventory in-stock would be allowed to be sold but no new print runs would be made and electronic images would be removed.
OK, so here’s where I’m struggling:
The exclusive use over a four-year or x-number of printed products (per image) duration is a little troublesome to me on a few counts. The licensee asserts she needs that long to develop and market her product. I totally get that but it’s a long time for me to take several of my images out of contention for any other commercial opportunity. My first thought is if I agree to it, I must be compensated accordingly. However, I also respect that hers is a start-up venture. In our negotiations, I propose to allow the use over that timeframe but clarify that those images are still available to me for exhibition and personal use.
Hand-in-hand with the exclusive use, I’m struggling with the license fee. Again, I appreciate her burden in developing and marketing the products. Obviously, it would give me a platform of exposure and some income for my photography. I have proposed that the license fee be broken into categories: initial acquisition, electronic use as described in the license, first print run, second print run, and subsequent runs (up to the stated quantity). I think this makes it fair for both of us though I’m still struggling with the actual amount to charge in each category.
Any thoughts or input on how to proceed would be greatly appreciated. I have not consulted an attorney. In the back of my mind, I’m certainly considering it. I don’t envision problems down the road that we can’t solve ourselves but I know that’s probably naïve…
Thanks in advance.
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