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Standard User metalhead41
(knowledge is power) Fri 18-Jan-13 15:40:59
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Approval to use image


[link to this post]
 
I find myself in quite a strange situations, one of my photos has been seen as good enough that someone has mailed me to ask for permission to use it in a project they are working on.
I have no problem letting them use it, but before I grant permission to them, what sort of questions should I be asking them?
e.g.
- What exactly is it to be used for?
- Will it be sold on?
- Can I see this project beforehand in order to gauge whether my photo could be used in the wrong context?

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We may be human But we're still animals

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Standard User ian_c
(eat-sleep-adslguide) Fri 18-Jan-13 15:57:45
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Re: Approval to use image


[re: metalhead41] [link to this post]
 
What kind of budget do you have?

(If you have no issue with free use, then just make it clear that permission is for this use only and no syndication is permitted without royalties - and yes, ask to see the final project).

Standard User metalhead41
(knowledge is power) Fri 18-Jan-13 16:00:42
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Re: Approval to use image


[re: ian_c] [link to this post]
 
I've done a bit of digging on this, it looks like they are a company so no doubt will be looking to making money some money off of my photo...

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We may be human But we're still animals

My Blog | follow me @metalhead41 | Surfin' Bird Dance


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Standard User ian_c
(eat-sleep-adslguide) Fri 18-Jan-13 16:04:07
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Re: Approval to use image


[re: metalhead41] [link to this post]
 
I generallly have a browse around Getty to get an idea of what to charge.

Standard User micksharpe
(eat-sleep-adslguide) Fri 18-Jan-13 17:43:06
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Re: Approval to use image


[re: metalhead41] [link to this post]
 
Copy of my response in Free Chat:

Depends on who the "someone" is. School-kid? Blogger? Charity? Business? You need to search for suitable licence agreements, e.g. Limited Copyright License Agreement. Some thoughts:

* You should always stipulate that the licence is non-transferable and non-exclusive.
* You may want to stipulate that the image may not be modified (except by cropping).
* You may also want to stipulate that you are credited for your work.

If the applicant is a business, you might consider licensing your work through a stock photo agency. They will look after all the legal details in return for a commission. Your work will also be visible to a wider audience and may earn you more money.

I wouldn't just e-mail them back saying "Yeah, OK. You can use it," especially if it is a photograph that you are proud of.

'Sir, please,' she said ... 'Will you not share your wisdom with us?'
'I have no wisdom,' he told her.
'Your experiences, then?'
'They have been trivial, uninteresting, and full of error.'
Ian M. Banks - Feersum Endjinn
.
It Ought to be Easy | Greasemonkey scripts
Standard User metalhead41
(knowledge is power) Fri 18-Jan-13 20:44:40
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Re: Approval to use image


[re: micksharpe] [link to this post]
 
Thanks for the advice Mick. I've asked the person a few questions already about this, it is going to be used for part of her entry to a competition for one.org. The competition seems to be for a good cause, however looking it up if she were to place in the competition she would win a bit of money and her work would possibly be used on promotional material, social media and live events for one.org. Part of the competition rules stipulate she has to give credit where needed so that part is covered.
My biggest concern is what rights she is giving to one.org for use of my photo if I were to accept, I don't want to find out one day that I no longer own my own photo due to her signing it over to this organization...

----------------------------------------------------
We may be human But we're still animals

My Blog | follow me @metalhead41 | Surfin' Bird Dance
Standard User micksharpe
(eat-sleep-adslguide) Fri 18-Jan-13 20:52:39
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Re: Approval to use image


[re: metalhead41] [link to this post]
 
In reply to a post by metalhead41:
I don't want to find out one day that I no longer own my own photo due to her signing it over to this organization...
In that case you should decline her request, explaining why (unless you can get the terms and conditions of the competition.)

'Sir, please,' she said ... 'Will you not share your wisdom with us?'
'I have no wisdom,' he told her.
'Your experiences, then?'
'They have been trivial, uninteresting, and full of error.'
Ian M. Banks - Feersum Endjinn
.
It Ought to be Easy | Greasemonkey scripts

Edited by micksharpe (Fri 18-Jan-13 20:55:25)

Standard User metalhead41
(knowledge is power) Fri 18-Jan-13 21:35:07
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Re: Approval to use image


[re: micksharpe] [link to this post]
 
Right, found the competition T's and C's.

As I read it, point 1 grants the competition sponsor (one.org) whatever rights I give her for use of my photo, so not quite sure that means I can give her a non-transferable, non-exclusive licence.
Point 2 doesn't concern me.
Point 3 is the one I'm not too sure about. I read it as the company hosting the competition will be able to use her work including my photo in any of their own advertising campaigns and will do so royalty-free (correct me if I'm wrong), which could mean that if the hosting company earns a shed load of money through her work and my photo then I'm not entitled to any of it...

----------------------------------------------------
We may be human But we're still animals

My Blog | follow me @metalhead41 | Surfin' Bird Dance
Standard User micksharpe
(eat-sleep-adslguide) Fri 18-Jan-13 22:05:05
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Re: Approval to use image


[re: metalhead41] [link to this post]
 
This may be a standard and perfectly reasonable competition agreement. I couldn't really say. However, sections (1) and (7) seem to be important.

Section (1) states that any rights that you assign to the entrant are automatically transferred to the organisers. This means that the rights must be transferrable otherwise the entrant could not use your work in her entry. This in turn means that the organisers can transfer said rights to whoever they wish. The fact the the rights are non-exclusive helps the organisers rather than protect you.

Section (7) states that the entrant indemnifies the organisers and their agents against any claims that you may have in relation to your work. If someone makes a shed-load of money out of your work or claims that they have exclusive rights to use your work, you will probably have to sue the entrant.

...but maybe I'm just being paranoid on your behalf.

If I had some photos that I thought were good enough to make me some money, I would talk to a stock-photo agency about licensing them.

'Sir, please,' she said ... 'Will you not share your wisdom with us?'
'I have no wisdom,' he told her.
'Your experiences, then?'
'They have been trivial, uninteresting, and full of error.'
Ian M. Banks - Feersum Endjinn
.
It Ought to be Easy | Greasemonkey scripts
Standard User Zarjaz
(knowledge is power) Sat 19-Jan-13 11:33:52
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Re: Approval to use image


[re: metalhead41] [link to this post]
 
In the grand order of a**e covering, why not provide a link here, to the picture on Flickr, say. That way if it is used without your permission, you'll have good evidence that it was yours originally, dates and the like.

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