Been asked for high-resolution images, no budget to purchase license?

[vanillatte]

I am a freelance photographer and "for fun, originally" I went to a concert and shot some photos. I was not contracted by any company or news outlet to take these photos.

I posted the photos on my website, and then the band's website manager contacts me asking for high resolution images so that they could use them on their official band website, blog, and other social media outlets. I let them use whatever was on my website (low, web resolution) but I am a bit on the fence with giving up the high-res. photos. I won't name the band, but they're somewhat big and they have sponsors. They didn't even ask what my rates were -- they just asked for them like as if I already work for them.

They also mention they're a "growing, independent design company" with no budget for photos. Uhh... what?

I want to sell licenses to them for giving my high-res images to them. When I sell to them, one-year licenses, for the high-resolution images, how do I ensure they will only use it for the web, and not start printing it for their promo and give them to magazines for editorial use?

Contracts and written agreements are legally binding, but they could just go against their promises and bank on the fact that I won't sue or I won't have enough knowledge or money for lawyers to sue them.

[dakwegmo]

Should I Work for Free?

Tell the manager he can have your photos for free if the band will come do a free show for you and all your friends. They get paid for doing what they do, and want to use your photos to make more money at it. There's no reason you shouldn't get paid too.

As for whether they'll honor the license, you need to make sure you've registered your photos with the US copyright office (if you're in the US). Once you do that, if they use them outside of the constraints of the contract, you can sue them not only for the actual damages, but for the punitive damages and your legal expenses for suing them. As such, it's important to register your images, and have a contract, and that you get something.

[Biomech]

Rule one in business - never offer anything upfront. (because most people will say yes anyway :P) They may well be prepared to pay for them, but why pay if you might say yes for free? It's more of a probe.

They do indicate they have no budget, but if you ask me they are just trying to wrangle them for free anyway. Tell them your terms, be solid and confident and they will probably back down.

[nickbedford]

You may use the watermarked web images without modification, but you must purchase a license to either un-watermarked or high resolution print copies.

Un-watermarked web images are $25 each, print copies are $100 each for promotional use.

A rough guide on what you might respond to the request with, or what I probably would.

Don't take my numbers for gospel but you get the idea. They'll get the idea quick smart that you're serious and if they're not cheap (sounds like they are though), they'll cough up the money.

One thing I've learnt in my short time is to not bother with anyone/company that is not willing to pay you for your work.

[autofocus]

Originally Posted by dakwegmo

Should I Work for Free?

Tell the manager he can have your photos for free if the band will come do a free show for you and all your friends. They get paid for doing what they do, and want to use your photos to make more money at it. There's no reason you shouldn't get paid too.

As for whether they'll honor the license, you need to make sure you've registered your photos with the US copyright office (if you're in the US). Once you do that, if they use them outside of the constraints of the contract, you can sue them not only for the actual damages, but for the punitive damages and your legal expenses for suing them. As such, it's important to register your images, and have a contract, and that you get something.

+1000 on Marcus' comments

[funcrunch]

Originally Posted by vanillatte

I posted the photos on my website, and then the band's website manager contacts me asking for high resolution images so that they could use them on their official band website, blog, and other social media outlets. I let them use whatever was on my website (low, web resolution) but I am a bit on the fence with giving up the high-res. photos. I won't name the band, but they're somewhat big and they have sponsors. They didn't even ask what my rates were -- they just asked for them like as if I already work for them.

If they're really only going to be using the photos on the web, they don't need high-res copies. Offer to sell them low-res images without watermarks; that's what I do. I offer a low price for 72dpi, 720 pix on the long end as that's optimal for Facebook and plenty large enough for any web needs. Don't be bullied into offering high-res images at a low price, or at any price if you don't want to, regardless of their sob stories.

[vanillatte]

Originally Posted by funcrunch

If they're really only going to be using the photos on the web, they don't need high-res copies. Offer to sell them low-res images without watermarks; that's what I do. I offer a low price for 72dpi, 720 pix on the long end as that's optimal for Facebook and plenty large enough for any web needs. Don't be bullied into offering high-res images at a low price, or at any price if you don't want to, regardless of their sob stories.

That's what I thought.

You know what's funny? When I asked them what size they needed, they said "300 dpi"

Like, really? For a web graphic?

[OsmosisStudios]

Tell them to get stuffed.

[Biomech]

Point out to them that dpi is only relevant to printing and as they aren't printing them you'll happily set them to 1dpi and see what they say lol

[TheEagleSpirit]

Originally Posted by OsmosisStudios

Tell them to get stuffed.

If the shots are already on the web and available for download, and without permission to put them there in the first place I would be very careful what I did. Lawsuits over ones likeness or image being used without permission on the web can cause problems for a photographer. I take pictures of an entertainer that is a good friend of mine that has offered to pay me for pictures to be used for t-shirts and portraits for sale. I gave him permission to use them any way he wanted because I was trying to help him, However he did post some on his page, but something I would not do without an agreement with him to do so.