Somebody wants my photo.....now what?

[Desert Rose]

Earlier this year I submitted 5 photos in a contest with my photography club at work. Club members voted for the “Best of Best” photos entered. The winning photos were printed (12 X 18) and are on display around the facility in the public places for all of the employees to enjoy. Two of my photos are now decorating the walls and another photo was voted as an alternate. I was very excited to have my photos selected. The prints will be given to the photographer after it has been rotated to all of the various location throughout the year.

When we submitted the photos for consideration, we provided low resolution jpeg files with the understanding that the images would be on the company website. The full resolution images of the winning photos were provided for printing only. Friday afternoon I was contacted by the club president. An employee saw my photos on the company web site and was inquiring about getting a print of one of my photos. She first contacted the Graphics Department assuming it was one of the staff photographer’s photo and that it was company property. At least she is aware of copyrights!

The Graphics Department said he would set her up with a vendor to have it printed after they located the photographer. I don’t think it would be wise for me to hand over a full resolution jpeg file to her. What do you think? That would be giving it away and what about copyright? Would the copyright now be hers if I give her the image file? Now, I’ve never sold a print before. I have no idea how much to charge her nor do I know what size print she is wanting. How much should I charge her? Just the cost of printing or more? I don’t know the person, but her initial email she said she “absolutely loved” the photo and wanted to hang it in her home.

I know this was long-winded, but I felt I needed to give some background to the story. I could really use some advice. This is new territory for me! Thanks in advance for your help.

[Jim Bryant]

Put in a contract for them to sign as to what usage rights for granted. Especially "No third party" usages. Here's what I put into all my contracts as well as the same info is embedded into my digital images IPTC info.

"Thank you for respecting intellectual property rights. These images are for your personal viewing only among immediate family and friends and may not be published, shared, or re-used in any way without written permission from the Photographer." No third party usage. If you violate the intellectual property you will be liable for: actual damages, loss of income, and profits you derive from the use of these images, and, where appropriate, the costs of collection and/or statutory damages up to $150,000 (USD) or MINIMUM USAGE PER IMAGE: $300.00. For questions or permissions, please contact:
Jim Bryant Photography
jim@jimbryantphotography.com
url:Jim Bryant Photography Shoots Corporate and Family Portraits, Youth and Professional Sports, Weddings, Festivals, Parties and Other Events
Seattle, WA., based freelance photojournalists specializing in sports, travel | Jim Bryant Photography
Sports, Travel & Commercial Photographer - Jim Bryant Photography
360.731.1944

[Desert Rose]

Originally Posted by Jim Bryant

Put in a contract for them to sign as to what usage rights for granted. Especially "No third party" usages. Here's what I put into all my contracts as well as the same info is embedded into my digital images IPTC info.

Thank you for the quick reply Jim. I appreciate your feedback and for sharing your usage statement. Just one more question. How do you embed the usage statement in the IPTC? I have never added info to the IPTC and haven't a clue how to do this.

[Jim Bryant]

If you use abode photoshop go into FIle to File info - Image and just fill out the necessary fields in the categories: IPTC Contact (your info) , IPTC image, IPTC Content, and put the rights and copyright info in Origin category. You can save as a templet and store it on desktop folder or in folder with images.

[Jill H]

Congratulations on your exhibition acceptances and your potential sale. That should make you feel very proud of your work.

I have only sold a limited number of prints, so I am probably not qualified to advise - but I certainly wouldn't be giving her the jpeg file. You would need to contact her and ask what size she wanted, and then get it printed for her commercially yourself. If she wanted it framed I would suggest that she arrange that herself, as the cost of framing (at least here in Australia) is a lot - so better for her to do that, as it is also time consuming for you.

You really need to think about how much you think the print is worth. It would really depend on the size she wants. Before you contact her, get some prices from your local commercial photo printer, and then work out what profit you are happy to accept. (of course if you are far removed from a commercial printer, and the buyer this might be problematic)

Hope this helps.

Thank you also Jim for your info.