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prasantrin

Photographs for Sale (or not)

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This is probably in the wrong area, but I have no idea where to put this.

 

A fairly well-known food-related website/magazine owned by a fairly large publishing company has requested to use one of my photos found on Flickr. It's not a great photo, but I guess the subject is something in which they are interested. As far as I can tell, they are not offering to pay for it; they just want to use it. I'm OK with that, but their general rights agreement says:

 

In addition to possible publication on [website/magazine name]. (and its affiliates and licensees) may reproduce, distribute, display and publish the images taken in and via webpages, websites and other publications, products and services that contain, exhibit, or are branded with the name or logo of the Magazine or Website, and use the Photographs for the promotion of the foregoing.

 

I've sent an email requesting clarification, but thought I'd ask here since I'm sure there are others here who have had similar experiences.

 

If I let them use my photo (for free), am I correct in thinking they would then have the rights to use that photo anywhere and any how they please? And they would never have to pay me for it, not even with a free subscription to one of their magazine? And they wouldn't have to attribute it to me?

 

Even En Route magazine paid for a photo, and they're not as big as this magazine!

 

But I'd do it just for the attribution, so I can say I've been published twice!

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you are always free to mark up their agreement and strike or change what you find objectionable and/or ask if they plan to pay for its use. maybe they'll agree to your terms

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You can counter offer with what's called a single use license, in one medium. They can use the picture in their cookbook. Period.

 

You retain ownership, they can't put it on their website or billboard or blimp etc. Or reuse it, license it, etc to a third party.

 

ETA: Many deals convey all future rights to the buyer, which is what you want to avoid. By restricting to one use only, in one medium only, the future rights belong to you. You may also request a photo credit be used in the one use.

Edited by Rail Paul

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I can do that? Huh. I'll see what their reply is to my questions, and then suggest a single use license. I'm OK with that even if I don't get any money (although that subscription sure would be nice, too). I'm terrible at bargaining and negotiating, though. I'm a sucker and people figure that out about me pretty quickly.

 

Thanks!

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You can counter offer with what's called a single use license, in one medium. They can use the picture in their cookbook. Period.

 

You retain ownership, they can't put it on their website or billboard or blimp etc. Or reuse it, license it, etc to a third party.

 

ETA: Many deals convey all future rights to the buyer, which is what you want to avoid. By restricting to one use only, in one medium only, the future rights belong to you. You may also request a photo credit be used in the one use.

this is an excellent suggestion and leaves room to ask for credit and a gift subscription/payment.

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