sell a photograph for a logo??? advice please

[Alexandra]

I just got an offer from a filmmaker to sell them one of my photos to use it as a logo for their company. The conditions are along the lines:

-they own full copyright for the photo
-they own moral copyright for the photo
-i can use it as a portfolio piece only with their permission and not allowed to post in anywhere on the web under any circumstances
- they will pay me 50 000 Australian Dollars when they start making feature films (the company is trying to put a film together for the last 8 years with no success)
- they have copyright of the photo from the moment i accept the contract and until a feature film is made they will use my photo as a logo for short films, just crediting me as a photographer/creator of the logo...

Now i just dont know what to do. Basically they are asking me to give them my photo on a leap of faith that i will be paid sometimes, but if they never make a movie, i lost all my rights for my photo and they can still use it for free.

Any advice?

[CanonRebelz]

How much are they going to pay you NOW?
Since you say they've been trying 8 years with no success, the you might have to wait another 8 years for that $50K AUD. Plus, if I'm reading this right, it says "when they start making feature films". What if their film is just a short film? They might continue like that for many many years and you may never get the $50K.

[acedrew]

Money now or no deal, they must really like the image if they've offered you those terms, either money or you keep the copyright... they're trying to bluff you.

Andrew Rodgers
Perfected Perspectives -- Photography by Andrew Rodgers | Andrew Rodgers (acedrew) on Twitter | Login | Facebook

[Alexandra]

They are not willing to pay anything now... because they have no money to do so... And yes, i do think that i might have to wait forever for my money and in the mean time i cant even use my own photo...

Waiting for the money for a while doesnt bother me too much, but no money and no way i can use my own photo does bother me...

[BryanC]

Yikes! You're being tempted with money that doesn't even exist yet. For now, maybe a limited use for a fee contract with you still retaining the full rights of your image. Then, cross that other bridge if it ever gets built. Thing about it in reverse...if you told a client, "Pay me $50,000 now for an image and I will deliver it if and when I ever take it", how well do you think that would go over?

[naeno]

Originally Posted by BryanC

Think about it in reverse...if you told a client, "Pay me $50,000 now for an image and I will deliver it if and when I ever take it", how well do you think that would go over?

DITTO!!

There is no way I would agree to those conditions. They are going to take your photo and you won't see anything out of this deal except grief and pain. I would expect at least half up front. I wouldn't give them full rights until you receive the other half, and even then I'm not sure I would give them full copyright. It IS a lot of money which is likely to get most people to give them a quick, knee jerk response. Think about it long and hard. Be confident in your decision before you go back to them. They've been waiting 8 yrs to make a movie, they can wait a few days/weeks to get a response from you. My gut tells me you would never see a dime, but I'm not in your shoes.

[waffles]

I wouldn't touch that. No money now, no way to know for sure if they ever will have that future money. They get full copyright on something that they might not even ever pay for.

You've already said that parts of this bother you. That's enough, no matter how good it is. Don't do it.

[Alexandra]

Im pretty sure ill never see any money... To anyone else id just say to get lost. The trouble is that the offer comes from my ex-husband... And if i dont do it, he will give me all the grief in the world with the kids.

I dont want to lose any rights on my work knowing that ill see no money. What makes things worse is that its not any photo, but one that it is deeply personal to me. I dont say it is my best work, but it is the most personal...

So im in a catch 22 situation... Id just wish he would have never offered... i really dont know what to do...

[zona5101]

There is no reason you can not agree to those terms but add that all rights revert to you if the movie (or other event) does not materialize within x number of months/years/etc. Basically give them 3 years to get it off the ground or deals off. It is not unreasonable for there to be some protection on your side.

[Alexandra]

Thats a brilliant idea! Thank you so much! That is definitely something that i can do. Thank you.