Help! Selling Exclusive Rights to a Photograph

[terribleawful]

I'm new to your site, so sorry for the short introduction. Please forgive me if I've missed some etiquette here...

I have taken a photograph of a famous movie/TV dog, and the company who owns the rights to this subject's likeness, and name wants to buy the exclusive rights of this photograph. They have, the company, been in contact with me with intent to buy the image, but they gave me very little on what they plan to use the image for; web, print, packaging, distribution, etc. I have already written to them asking for an explanation of their intended usage, but I'm thinking they are looking to buy it outright. This is an international corporation, and I'm thinking that they want to use this image as "the face" of their product.

I have only been a professional photographer for 5 years, and I have no experience with this kind of sale. I have done some reading and know that the price largely depends on the usage of the image. While I have found some sites that help you calculate a price, these are mostly for limited, single usage agreements.

I need to figure out what price I should quote for the sale of an image's exclusive rights for all matters of print, web, distribution, etc. on a national/international scale.

Any help will be much appreciated, I don't want to sell myself short.

[jdepould]

If they're planning to use it as the face of the brand, then they're probably looking to transfer the copyright. It should be an appropriately large amount of money. Without knowing more details, it's hard to say what I'd charge specifically.

If they just want exclusive rights without specific usage, then they may be trying to prevent you from selling the image elsewhere.

[ChrisAdval]

Originally Posted by jdepould

If they're planning to use it as the face of the brand, then they're probably looking to transfer the copyright. It should be an appropriately large amount of money. Without knowing more details, it's hard to say what I'd charge specifically.

If they just want exclusive rights without specific usage, then they may be trying to prevent you from selling the image elsewhere.

I may be mistaken, but here in the U.S. if you photograph anyone and you have the intent to sell the photo you need a model release of that person, subject living or non-living of the property owner, i.e. even a dog has a owner so I would assume a property release would be used here in order for the photographer to have the right to sell the photo, at least here in the U.S.... correct?

So, if he photographed the dog (in the U.S.) and he didn't receive any form of property/model releases for selling the photo that uses the subject's likenesses, I don't think he would be legally allowed to sell the photo in any form. Correct me if I'm wrong.

As for the OP's question, I would offer them a license if they can't afford the total cost of buying out the exclusivity rights which could be from $10,000 to around 6 figures... again depending how they use it but in the case of "face of the brand" that is a ton of usage.

[Jim Bryant]

You need to find out what usage rights they want to license and go from there. Do not sell them exclusivity rights, otherwise, you'll stand to loose money each time they use it. And yes, to protect your butt you need to get a release signed by the dog's owner.