Local magazine wants my pictures... (need advice)

[digitalek]

Hi there, fact is that local community magazine contacted me yesterday about me taking pictures for them, they see my work and liked it so much.

Today I went into their office, deal is they want to me to do a photo shoot with some model they already have, thing is they want to retain all rights for around 10 pictures.

They said will be about 2 of my photos on the main cover of the magazine and 2 pages with my photos (logo and my contact info) and model's info on the inside. But they told me I cannot use any of those photos as long as the magazine is in circulation (around 2 weeks) and also use my photos on their online magazines, which I do know for how long my photo will be in exhibition.

Magazine is free of charge, I guess they make money from their ads.

Any advice what could I do? Since is a good way to promote myself, but only thing i don like is I cannot use my photos at all.


Thanks for your attention.!

[andyw]

Originally Posted by digitalek

Hi there, fact is that local community magazine contacted me yesterday about me taking pictures for them, they see my work and liked it so much.

Today I went into their office, deal is they want to me to do a photo shoot with some model they already have, thing is they want to retain all rights for around 10 pictures.

They said will be about 2 of my photos on the main cover of the magazine and 2 pages with my photos (logo and my contact info) and model's info on the inside. But they told me I cannot use any of those photos as long as the magazine is in circulation (around 2 weeks) and also use my photos on their online magazines, which I do know for how long my photo will be in exhibition.

Magazine is free of charge, I guess they make money from their ads.

Any advice what could I do? Since is a good way to promote myself, but only thing i don like is I cannot use my photos at all.


Thanks for your attention.!

It is very common for a company/publication to want exclusive use, it is just a clause in the usage license. You need to negotiate with them how long they want the exclusivety for and charge accordingly.
Normally exclusive use will mean that you cannot sell that image elsewhere for the period of the license rather than you cannot use the image on your own website. It is not unknown though for them to make that restriction for the period that they are using the image or for xx weeks after publication etc.
Again that is where discussion comes in.


" thing is they want to retain all rights for around 10 pictures".

Why would they want "all rights"? especially as they are a "local" publication. That effectively would mean handing over control of those images. NOT a good idea.
Pin them down on the usage and give them a license based on that.
If they want exclusive use for the 10 images for a year then fine, but charge them accordingly.

It sounds more like someone at the publication has "googled" and come up with things which are not really relevant to them.

I would be inclined to give them a print and web license, exclusive for 3 months.
The print portion being for first publication rights only in that specific publication.

Any subsequent publication would require a further license and incur relevant charges.

That at least is your starting point for negotiations.

One point to watch for is the contract for the commission - ensure that it is NOT done as a work for hire or all negotiation on usage are moot as they would have the copyright anyway.

[graciousness]

Andy, you're going to have to change your avatar to one of Mother Theresa's or something - you haven't been living up to your "grumpy" status at all! You've been so helpful we could probably compile all the posts you have done this week alone and sell them as a book.





Can I get 80% commission on that?

[andyw]

Originally Posted by graciousness

Andy, you're going to have to change your avatar to one of Mother Theresa's or something - you haven't been living up to your "grumpy" status at all! You've been so helpful we could probably compile all the posts you have done this week alone and sell them as a book.





Can I get 80% commission on that?

hahahah - NOOOOOOOOO.......
I can't be having that - totally ruin my reputation.

Things will return to normal next week when I am back shooting and dealing with people who think that shooting 200 "widgets" of various shapes and sizes can all be done in an hour with a single angle poise light in their stationary cupboard, on a Sunday morning of course so that it does not disturb anyone!!!!! Then of course they will want them "shopped" so that they resemble the latest billboard ad they saw from Smirnoff and off course they will want copyright and all for £50 because if I can't then they will get Bill from accounts who has a lovely professional camera with it's own built in flash.........


Ooops - getting back to normal already.




5% and no more......

[Jim Bryant]

Since they make money on advertising, tell them you're be happy to license the rights to them. You sell them the rights and every time they reuse them and where (other media, advertising, web usage and commercially), you'll make not one penny off of that.

[digitalek]

Thank you all for your replies, I was thinking of giving them a licenser under CC, but an hour or so received from them a 'release form/contract' which i dont agree with the terms they have stated. I just uploaded it to my site, if you guy can take a look at it. I think im gonna send them my own terms, since, I think is good for me promoting my self for free, but not retaining images 'forever'...

http://www.digitalek.com/temp/dgu-contract.pdf (8.3MB)

[MattG]

So to clarify the situation, not only do they want you to work for free, but hand over rights to the images and allow any use they deem fit or lawful, as well as full, irrevocable rights to manipulate the image? Personally I don't think anyone should sign such a thing under those conditions, let alone someone that is (becoming?) a pro.

[Mike367]

This looks like a model release, not a photography use license.

[andyw]

That is a standard MODEL RELEASE which the models would need to sign, it is nothing like a usage license or photographers contract and nothing that you as the photographer would be signing to assign usage rights to the publication.

I am just heading out now but will try and dig out a basic usage license when I get back in a few hours.

[Biomech]

Oh it's gone. You don't fancy sending it over do you? I'd like to give it a butchers.