Nonexclusive usage rights purchase of amateur images

[naturalfocus]

Hi all,

I've been asked by a local Museum if I would like to have the usage rights purchased for the non-exclusive use of a rare image of this mutant bird photograph in future Museum publications:

http://www.pbase.com/naturalfocus/image/66733256

They haven't actually yet made an offer and I have no idea how much to charge them for it? Has anyone got any ideas or suggestions of where I should look for advice?
They apparently rely to a reasonably heavy amount on donations of images and have already offered me a copy of the original publication that this image was intended for but didn't make it into, worth about $25 or so Aussie dollars, as well as the rights purchase.

thanks for any advice,
Jasen

[andrys]

Jasen,

Here's a very good guide.

http://photographersindex.com/stockprice.htm

Good luck!

[naturalfocus]

Thanks Andrys. I had a look at that link you mentioned but it doesn't give much indication of what you might reasonably ask for selling the nonexclusive usage rights for either an indefinite period or a limited time.
Any ideas or should I just pluck a "reasonable" figure out of the air and see what they come back with?
cheers,
Jasen

[sheila]

Hi Jasen

I would suggest a figure of $200.00 for the non-exclusive use of the image. Museums can afford this I am sure. Don't give your work away (unless its to charities and good causes ). Give them your figure and ask them if this is within their budget. This gives them a chance to negotiate and you get an idea of what they have in mind. Then take it from there. You should also get attribution in the publication but just remember that only other photographers check who took the image!

Remember, you are in the boxed seat as they have something that you have which is rare which cannot be found on microstocks.

Cheers
Sheila

[naturalfocus]

Hi Sheila,

Thanks, you're a gem! They actually came back with a ballpark of around $100 to $200 per image with a view to discussing it further. I'll start with the latter and work around that approach I think. Would you accept conditions as being for an indefinite period or a limited one? I'm thinking limited or accept a higher offer again for outright nonexclusive purchase?
Anyway, this is a new learning curve for me.....fun isn't it!
Thanks again
Jasen

[sheila]

I would give them non-exclusivity for a year for $200.00. If they want a exclusivity then quote accordingly at say 20% more per year of exclusivity.

Cheers
Sheila

[naturalfocus]

That sounds very sensible and a good starting point.

Thanks for your advice.

Jasen

[joshmcculloch]

Hi Jasen,

Just thought I'd chime in with my 2 cents...

An image license usually stipulates a limited use, for example a museum might want to use an image for a display for a period of 2 years.

If you provide an open, non-exclusive use for the museum, they may use it as much as they want for the period of the licensing term. If you do not stipulate specific usage, they can also use it on their website, marketing materials, brochures, catalogs, etc.

Make sure that you also stipulate that the image is also for specific use of the museum, so that they may not sub-license the images to others. An image licensing term might look like this:

Non-Exclusive use in museum displays for a period of one year for the sole use of Museum XYZ.

Note that this allows them to use it in as many museum displays as they want. One use of the image in one museum display might look like this:

One time Non-Exclusive use in a museum display for a period of one year for the sole use of Museum XYZ.

One note: Always make sure in your contract/invoice that an image license is only valid upon receipt of payment of the licensing fee. Hope all this helps... For further reference on the business side of photography, see John Harrington's book called Best Business Practices for Photographers. I have found it to be an indispensible reference tool!

Cheers, Josh

BC Nature Stock Photos

[naturalfocus]

Right! I've begun negotiations....stay posted.

cheers,
Jasen

[naturalfocus]

It appears, after my proposal of the cost of purchasing the rights to my images, which I stated were entirely negotiable, and after a follow up email, I am getting no response. I've had no replies with thoughts, opinions or counter-offers which is what was asked of me months ago in discussing this. Do I give up, or retry? Maybe they're busy? I know my emails have been read. Just not responded to, weeks later. The strange thing is, I was sent the book that my images were originally supposed to be in as a thank-you, but now I don't seem to have any dialogue with them, at least via email. What would you do now? Do I re-send my follow-up, do I call? How far should I go without appearing as a nag?
Jasen

[sheila]

This is quite normal, Jasen! Long gone are the days of courtesy from prospective purchasers! Occasionally I get a response saying that they are still considering but mostly they do not have the courage to say that they have lost interest! Don't despair. There will always be others interested in your work.

Sometimes, if I don't hear from prospective buyers, I send them a "Just going through my Red Flags on my emails and was wondering if you are still interested in purchasing the image" and leave it at that. It could be that they have to get permission from their superiors and hence the delay.

Cheers
Sheila

[llung]

For future reference, you should include clauses in the licence dealing with issues such as advertisement and other contingencies such as cards sold at the gift shop. If you allow advertising, you should be specific about what type of advertising. Postcard style advertising given away for free may result in thousands of copies of your photograph floating around and may dilute the value of the work (and, in turn, the value of your copyright). On the other hand, it might increase visibility and interest in purchasing better, non-postcard style, prints of the work. Postcards sold at the gift shop generate revenue and you might be able to negotiate some type of ongoing royalty. The trick is to not overplay your hand. Photographs are like anything else in the market and are subject to the principles of supply and demand. For non-profits like museums, you can often just ask them what they normally pay and whether that is a fair price for your particular photograph.

[naturalfocus]

Thanks for all that info. I did actually hear back from the museum. They're quite a busy bunch apparently, and I did exactly as you mentioned Sheila and sent them a courtesy follow-up email to finally get a reply. They've managed to offer to buy a one-off license for one-off publications if and when they happen.
I've also now had a request for a local not-for-profit country music club to possibly use another of my images, for a presentation at the very least and following acceptance of it, possibly on stationary and their banner....would you charge a small fee for that use? I feel that would be fair as it is not a charity and neither am I. Trouble is that I took this particular image in a National park just for fun without a permit to sell it commercially. A whole new ball game I know. So this is still very new to me.
cheers
Jasen