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Sell rights ? Help
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rinder99


Joined: 12 Jul 2005
Posts: 39186
Location: Contact www.rinderart.com/Books and Workshops www.rindersmithphotography.com Youtube/rinder

Post Posted: Thu May 03, 2012 7:10 pm     Reply with quote

Just as an example. I would sell the exclusive rights to my football B&W for no less than $50K for 5 years But as Perry said. How is that going to work when it has over 5000 DL's. Not to mention the prints and files I've licensed to companies on my own before this business started and I sell 40 x 40 Framed prints of it for $550.00

Remember you can always come down in price but you can't go up.One good Image can Pay your bills.I was contacted 2 weeks ago By the largest Publishing Company there is, They wanted one of my Images for a cover of a book By a major celebrity. Not exclusive but worldwide rights for Books,E-books and assorted promo stuff. With a first run of 50,000. I negotiated a good deal along with 3 conditions. 2 signed Books, One for me and one for the model,Full Photo credit along with website credit and to review Dave and my 3 Books for possible publication.

Im Happy.From a shot I took Many years ago they found on my website.Everything has "Perceived Value"
alexis84


Joined: 03 Nov 2009
Posts: 990
Location: Serbia

Post Posted: Fri May 04, 2012 3:52 am     Reply with quote

Here is how things are.I sent them mail telling them about real value of that shot for me (being published,sort of my personal trademark e.t.c.) so i asked them to offer me a price for it.

Now there is one thing i dont know...From this eye shot:



are made following ones :























so my question is :

If i sell the right on this one :



do i need to delete all ones from above or just this one.And can i in future make shots similar to that one.Also i have another eye set from my sister :



that is different but as well as with first one i have around 7 photos made from that one.

There comes question number two.If they buy rights on the "Earth eye" shot do they get rights as well on the image above?

It's been a long night for me :)

Thank you all.

Alex
semmickphoto


Joined: 12 Feb 2012
Posts: 6485
Location: Stuck between a shutter and a hard place

Post Posted: Fri May 04, 2012 6:11 am     Reply with quote

It might be just a silly question, but why dont they do the make up on a model and take the shot themselves for a few dollars? Why would someone pay 20k-50k for photos they can make themselves?

Anyoo, congratulations man, thats my biggest dream in life, to sell a photo for that kind of money.
hhltdave5


Joined: 20 Jun 2006
Posts: 24075
Location: Our Stock, Food & Portrait photography books at www.rindersmithphotography.com

Post Posted: Fri May 04, 2012 6:11 am     Reply with quote

Seeing that the other images are different due to different surrounding areas being added, the rights would not include those images. All they are getting the rights for is the one that are contracting for. I would just make sure that the exact description of the one they are obtaining is covered clearly in the agreement.

As far as can you make other shots that are different from the one that may be sold, yes you can as long as there is a visible distinguishable difference between them. They may have this spelled out in the agreement as well.
hhltdave5


Joined: 20 Jun 2006
Posts: 24075
Location: Our Stock, Food & Portrait photography books at www.rindersmithphotography.com

Post Posted: Fri May 04, 2012 6:15 am     Reply with quote

semmickphoto wrote:
It might be just a silly question, but why dont they do the make up on a model and take the shot themselves for a few dollars? Why would someone pay 20k-50k for photos they can make themselves?

Anyoo, congratulations man, thats my biggest dream in life, to sell a photo for that kind of money.


For a company to do a photoshoot to replicate an image that they want can cost more money than they are going to spend on buying the rights for the image.

Most of the companies will not just grab a secretary and have someone take a shot of them. They need to contract a model whose daily rate can be in the thousands, a photographer, makeup artist, stylists then arrange for the studio and then the post production costs of having someone photoshop the whole thing. In the end this way is often much less expensive.
semmickphoto


Joined: 12 Feb 2012
Posts: 6485
Location: Stuck between a shutter and a hard place

Post Posted: Fri May 04, 2012 6:17 am     Reply with quote

Ok, thanks. Now I just need to come up with a 50.000 dollar shot.... LOL
hhltdave5


Joined: 20 Jun 2006
Posts: 24075
Location: Our Stock, Food & Portrait photography books at www.rindersmithphotography.com

Post Posted: Fri May 04, 2012 6:22 am     Reply with quote

semmickphoto wrote:
Ok, thanks. Now I just need to come up with a 50.000 dollar shot.... LOL


You will be surprised at what they want. I was offered a good deal of money for a shot that took me about 15 seconds to take. I remember someone posted in here (I believe it was here) on how much money the person who took the shot that is used on Windows operating system (the green rolling hills and blue sky). Came out to the millions.
semmickphoto


Joined: 12 Feb 2012
Posts: 6485
Location: Stuck between a shutter and a hard place

Post Posted: Fri May 04, 2012 6:24 am     Reply with quote

WOw, thats crazy, so basically I unknowingly entered a lottery when I picked up a DSLR. Cool stuff :)
alexis84


Joined: 03 Nov 2009
Posts: 990
Location: Serbia

Post Posted: Fri May 04, 2012 10:20 am     Reply with quote

hhltdave5 wrote:
Seeing that the other images are different due to different surrounding areas being added, the rights would not include those images. All they are getting the rights for is the one that are contracting for. I would just make sure that the exact description of the one they are obtaining is covered clearly in the agreement.

As far as can you make other shots that are different from the one that may be sold, yes you can as long as there is a visible distinguishable difference between them. They may have this spelled out in the agreement as well.


Dave my friend thank for reply and info.You are always there for people and i appreciate it !!!
copidosoma


Joined: 17 Nov 2009
Posts: 3783
Location: Canada

Post Posted: Fri May 04, 2012 10:36 am     Reply with quote

alexis84 wrote:
hhltdave5 wrote:
Seeing that the other images are different due to different surrounding areas being added, the rights would not include those images. All they are getting the rights for is the one that are contracting for. I would just make sure that the exact description of the one they are obtaining is covered clearly in the agreement.

As far as can you make other shots that are different from the one that may be sold, yes you can as long as there is a visible distinguishable difference between them. They may have this spelled out in the agreement as well.


Dave my friend thank for reply and info.You are always there for people and i appreciate it !!!


The only ones I can see being a problem are the ones with the map on them. They might be a bit too close to be considered "different" although I suspect that is a fuzzy line at the best of times.

Imagine if someone else had an image in their port of a woman's eye layered into a world map like yours. At what point would you cross from annoyance that someone is cutting in on your gig to full on copying the image? In my mind (and I'm not a lawyer) that is how close you can come without violating the copyright. So your other images with the eye (sans map) should be fine. Be sure to spell this out clearly in the agreement though.
alexis84


Joined: 03 Nov 2009
Posts: 990
Location: Serbia

Post Posted: Fri May 04, 2012 10:51 am     Reply with quote

copidosoma wrote:
alexis84 wrote:
hhltdave5 wrote:
Seeing that the other images are different due to different surrounding areas being added, the rights would not include those images. All they are getting the rights for is the one that are contracting for. I would just make sure that the exact description of the one they are obtaining is covered clearly in the agreement.

As far as can you make other shots that are different from the one that may be sold, yes you can as long as there is a visible distinguishable difference between them. They may have this spelled out in the agreement as well.


Dave my friend thank for reply and info.You are always there for people and i appreciate it !!!


The only ones I can see being a problem are the ones with the map on them. They might be a bit too close to be considered "different" although I suspect that is a fuzzy line at the best of times.

Imagine if someone else had an image in their port of a woman's eye layered into a world map like yours. At what point would you cross from annoyance that someone is cutting in on your gig to full on copying the image? In my mind (and I'm not a lawyer) that is how close you can come without violating the copyright. So your other images with the eye (sans map) should be fine. Be sure to spell this out clearly in the agreement though.


Christopher thanks for tip will do... :) By the way somebody already tries to copy my work :

robhainer


Joined: 03 May 2010
Posts: 2743
Location: Dallas, GA, USA

Post Posted: Fri May 04, 2012 11:10 am     Reply with quote

Hah. At least yours is better. I like the texture in yours.
bred


Joined: 13 Jan 2008
Posts: 1654
Location: Scotland

Post Posted: Fri May 04, 2012 11:11 am     Reply with quote

Or maybe they were copying this image: http://shutr.bz/IN7gGD (which precedes your images).
alexis84


Joined: 03 Nov 2009
Posts: 990
Location: Serbia

Post Posted: Fri May 04, 2012 11:30 am     Reply with quote

bred wrote:
Or maybe they were copying this image: http://shutr.bz/IN7gGD (which precedes your images).


Yup that one is quite old but believe it or not i didnt have a clue something like that existed back when i made mine one.Since this one is made :



i started making other ones..and if you ask me i prefer real eye instead of illustration :)


Last edited by alexis84 on Fri May 04, 2012 12:17 pm; edited 1 time in total
webthrower


Joined: 29 Jan 2006
Posts: 3717
Location: North Carolina www.JeffThrower.com

Post Posted: Fri May 04, 2012 11:35 am     Reply with quote

I sold one of my most popular photos and had to delete anything that was similar from my gallery. There was only one other photo like it in my gallery. You may need to ask about that. Also ask if you can still use it in your personal portfolio. Make sure they are aware of how many times it has been sold so if they do buy exclusive rights they don't see it in another place and come back blaming you for selling it after they bought it. If they want you to remove the other similar eye shots then the price went up as to them buying exclusive rights to all of the other eye shots. Don't sell it for nothing. Sell it for what makes you happy and comfortable living with. That's a very strong and popular image you have. I would figure out what you make on it a year then multiply that times 10 years. That's just my opinion. Not knowing what you make on it is difficult to say.
 
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