I have been contacted by an author who wants to use one of my pictures in a sports book he is writing. He seems like a legit published author. Of course, he has not offered any compensation other than credit. From what I've read here, it is always best to ask for some kind of monetary compensation, especially from someone who will (or might) profit from that image.
This is the second time someone has asked me for permission to use one of my photos. The first time was for the cover of the brochure for the Florida Museum Association's Annual Conference, and I let them use it for for credit, because I was (and still am) just an amateur, not even thinking I could make any money at this. So I was like "okay, yeah, sure, why not." Plus they were not selling the brochure, so they weren't making any money on it. But, in this instance, he will (or at least should) be making money on a book that would include my image. I can't even begin to know how much to charge for that.
But there is another problem: it is a photo of star professional athlete, out of uniform in public life. Nothing incriminating as far as I can tell, so I'm not worried about him using the picture for that. But, of course I don't have a model release, and don't anticipate getting one. I'm pretty sure I would need a release to let this guy use the photo, but he mentioned nothing about needing a release. Being a published author with other sports books with pictures, you would think that he would be familiar with this. By the way, the author is in Canada. I'm in the USA. Maybe Canada is different about model releases. Oh, and there are other people in the photo too, but they are pretty blurred. Might have to blur them a little more to be safe though.
It would be kind of neat to have my picture in a book, but I shouldn't let him use it for nothing but credit, right? Plus there's the release problem.
Regarding the model release question, the discussion in this blog (Do you need a model release?) may be informative.
Regarding payment, only you can decide whether you want to be compensated for your work. IMO, an offer of credit is worthless unless the publication wishing to use the photograph is extremely well-known and widely distributed.
I had a local author ask to use one of my pictures for his book. I let him use it for $50 and a copy of the book.
As for the release, it is the publisher's responsibility to secure a release if needed. Photographers generally get it when they are shooting because it is easier to get one at the time of the shot than for someone else to track down the subject later.
Thanks guys. I think I will tell him, nicely, something to the effect of giving away photographs, especially to a for profit business, devalues the business and the art of photography, yada yada, but I would love for my photo to be in his book for a small compensation and see what happens.
Whether a produced piece is sold for profit or not has little to do with the value of your work. You said you allowed the Florida Museum Assoc. to use your image on the cover of a brochure for free because they were not "selling" the brochure. This is the wrong analysis of value. The Museum Assoc. presumably used the brochure for promotion, therefore you should have been paid. I'm certain the graphic designer and brochure printer got paid, right?
So make sure you always get paid appropriately for the use of your work. Regarding the model release issue, as previously stated, that would be the responsibility of the publisher.
You're right Keith, upon further review I shouldn't have agreed to let the Florida Museum Assoc. use the photo for free as easily as I did. But at that point it was more that I did not consider my photography as an income generator, and figured it would be cool to have my photo on the brochure. So I just said, "yeah, why not?" And I guess that is what these people are counting on, amateurs just happy to see their photos in print. The fact that they weren't selling it was secondary, but still crossed my mind at the time.
I've actually seen a couple of my photos, from a travel blog I wrote a few years ago, show up on other peoples' blogs. I didn't do anything about it then. They weren't using them on travel blogs, but that's not why I didn't do anything about it. I think I was just too lazy, or didn't care at the time.
But now after reading this website, and others, and thinking more deeply about it I definitely have a new philosophy regarding giving away my photos. Starting with the author who asked to use the picture of the athlete.
This is how I began my reply to him: "Thank you for your interest in my photo. Although it would be great to have my photo included in your book, I'm afraid that giving away pictures for nothing but credit, especially to a for profit business, devalues the business and the art of photography."
What do you all think? I went on to say a little more, but that was the gist of it.
Give it for free and you can say you're published. You'll also get a ton of future work and even more photos published. Though all that demand from your exposure may eat into your overtime schedule at Arby's.
Basically, everyone needs to stop giving it away for free. If it's all fun and games then just go for it. But if you seriously ever want to make a career out of being a photographer you're putting the nail in your own coffin because everyone seeking original content will find someone to give it for free because they think its cool just to have their name on something.
He still wants to use the picture, and is willing to pay. He wants me to give him a quote. He said it will take up a quarter of the page, and be a 25,000 print run. He didn't say what the price of the book will be, but that's a decent sized run, and not a local interest self published book.
A penny a print doesn't sound like much when you say it like that, but $250 does sound like much, especially when he initially was hoping to get it for just a credit. Maybe a penny a print is too low, I don't know.
Oh well, I guess I'll ask for a penny per print (.01 x 25000=$250), plus credit and a copy of the book and see what happens, unless one of you chimes in quickly with, "What are you crazy, that's too low (or too high)!" Haha.
Okay, that was quick enough to stop me from emailing him the quote, thank you. Yeah, I was also thinking to go a little higher and haggle down if possible.
And Swoop, that's what I said, people should not give their photos away. I did it once but now I regret it.
The model release is not the responsibility of the publisher, it is the photographer. Check with a lawyer that deals in IP. If anyone gets sued as a result of publication, it is the photographer who is held accountable. That is why stock agencies insist on releases for any recognizable person. See any stock photo site for their requirements.
