Author Topic: First for me, advise needed  (Read 1527 times)

golunvolo

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First for me, advise needed
« on: October 19, 2015, 08:32:47 »
One artist is going to make some t-shirts using a photo I took of her during a show. The plan is to sell them as merchandising. The question is If I should get paid -I already did, but it was intended for promotional use-. Any advise?

  Thanks lot in advance

Andrea B.

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Re: First for me, advise needed
« Reply #1 on: October 19, 2015, 08:56:32 »
Didn't you provide the artist an Image Use license which covered this?

Bjørn Rørslett

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Re: First for me, advise needed
« Reply #2 on: October 19, 2015, 09:19:39 »
Obviously not?

Getting paid when one's image is used commercially, or for promotion, is a given. You can discuss the price, though.

golunvolo

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Re: First for me, advise needed
« Reply #3 on: October 19, 2015, 09:27:35 »
Yes. It was specified "promotional use only". I just got off the phone. They were surprised I talk about renegotiation because they didn't think any further compensation was in order.

golunvolo

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Re: First for me, advise needed
« Reply #4 on: October 19, 2015, 09:29:41 »
I have made  proposition of percentage per tshirt sold. They want to make one time offer and be done with it. They also let me know they may not use it anymore. Will see

   Any tips?

Andrea B.

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Re: First for me, advise needed
« Reply #5 on: October 19, 2015, 19:38:28 »
I think I don't understand why you do not consider the tee-shirt usage as promotional?

I would probably take the lump sum offer. The percentage-per-shirt requires too much bookkeeping on both sides. If I were the artist team, I'd not use the image if it required so much extra effort. It will be easy enough for the artist to get a new foto of herself for tee-shirt use.

Hope it all works out for you. I suppose that you will know next time to cover tee-shirt usage in the licensing !! I myself am not very good at this kind of thing because it does not happen all that often for me.

golunvolo

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Re: First for me, advise needed
« Reply #6 on: October 19, 2015, 23:17:32 »
I think I don't understand why you do not consider the tee-shirt usage as promotional?

I would probably take the lump sum offer. The percentage-per-shirt requires too much bookkeeping on both sides. If I were the artist team, I'd not use the image if it required so much extra effort. It will be easy enough for the artist to get a new foto of herself for tee-shirt use.

Hope it all works out for you. I suppose that you will know next time to cover tee-shirt usage in the licensing !! I myself am not very good at this kind of thing because it does not happen all that often for me.

  I consider the t-shirt not promotional because they are going to sell it.
   A percentage-per-shirt was a proposal so there is no need for an upfront payment. I was trying to make it easier for the artist. Percentage-per-shirt-sold will be more precise. It is going to be in small amounts so it should be not difficult to keep track.
   Of course it will be easy for them to get a new photo but I like to think mine is cooler :) I hope we agree on the terms at the end.

   Thanks Andrea

Bjørn Rørslett

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Re: First for me, advise needed
« Reply #7 on: October 19, 2015, 23:36:03 »
A surprising number of people either don't know, or don't care, about copyrights. Unless it deals with their own work of course.

The response of "never using your photo(s) again" is pretty typical. Sooner or later they discover quality costs and not everyone is willing to give away their work for free.

golunvolo

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Re: First for me, advise needed
« Reply #8 on: October 26, 2015, 20:36:48 »
Finally settle. They are going to use the picture and to pay a -little- amount per t-shirt sold. It is for this first small set, further negotiations will take place if the business takes off.

Bjørn Rørslett

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Re: First for me, advise needed
« Reply #9 on: October 26, 2015, 20:46:11 »
Good to learn you managed an agreement. Life is too short and hectic to fall out over a photo anyway.

golunvolo

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Re: First for me, advise needed
« Reply #10 on: October 26, 2015, 21:08:01 »
Thanks Bjørn.