Help with US licence terminology

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Archive 2009 · Help with US licence terminology

Matt Cope
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p.1 #1 · Help with US licence terminology

Hi folks
I'm a UK based photographer and mostly sell to UK magazines and publications. At the moment however I'm in the middle of settling terms for a sale to a US publisher and have a couple of questions.

Firstly, I usually price using the quote generator built into Photoshelter and then adjust a bit to suit the specific publication (I think this is essentially the same algorithm as Fotoquote). Do you usually find this (or Fotoquote) to be an accurate price for the north American market? I know the whole market is a bit depressed at the moment, and I don't want to lose the sale by overpricing. That said, neither do I want to pitch short and shoot myself in the foot for future sales.

Secondly, the quote is for a package of rights. The main usage is a textbook, with supporting DVD/CD and online use. No problem, I can quote for that. They also want a second usage for abridged/customised versions of the main usage. These seem to be entered as two seperate lines in the quote request form. The first (I presume) at 2/3 size and marked "Reuse=no". What I think is the abridged usage is detailed as 1/2page and marked "Reuse=yes"

My question is just about that "Reuse" tag. Is that a common term for secondary usage? Is there some other meaning in the N.American market I should be aware of?

Any useful comments appreciated. If it would help I can zap a screenshot of the quote form by email, but obviously I don't want to stick it up online.
Many thanks
Matt

Jun 26, 2009 at 07:03 PM

Matt Cope
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p.1 #2 · Help with US licence terminology

Just turning on email notification of replies.

Jun 26, 2009 at 07:07 PM

bckpkrs
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p.1 #3 · Help with US licence terminology

Yes, re-use is a common term here that is used by many buyers. Sellers can determine two types; there is secondary use, which is same image in a different context, re-use as same use in same context in a secondary product. Context is what counts. What they seem to be asking for is a re-use, meaning in XXX Textbook, and used again in same context but in the XXX Textbook Teachers Edition, the XXX Textbook Abridged classroom version, the XXX Textbook Spanish version. You can tell if the context is the same, as the picture is always used as the same Chapter Opener, or the same illustration on the page talking about ABDCE.

Secondary use would be Main use as chapter opener, used again on the back cover, and again on the publishers media sales kit, and classroom poster. Those are all secondary uses.

Check the pricing info page on my web site @
http://www.enlightphoto.com/views/photography/stock-photo-pricing-help

Good pricing tactic; check prices on Getty, Corbis, Alamy, PhotoShelter, and one or two other agencies, and average the price. Charge a bit more if a unique shot, or a bit less if a shot that any college kid could shoot in a drunken stupor.

Cheers & good luck.

--
Gary Crabbe
Enlightened Images
http://www.enlightphoto.com
http://www.enlightphoto.com/views/ (Weblog)

Jun 27, 2009 at 05:49 AM

Matt Cope
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p.1 #4 · Help with US licence terminology

Thanks Gary. That's pretty much what I thought, but good to hear it confirmed.
Cheers!
M

Jun 27, 2009 at 05:58 PM

axe9
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p.1 #5 · Help with US licence terminology

Generally speaking, US and UK laws are identical. they are both common law based systems.

Now, if you went to France, you would be in a whole new ballgame.

Jun 29, 2009 at 09:38 PM


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