I got a call from a nice lady in Florida yesterday. She works for a large publishing company that produces promotional travel materials for companies and governments, She called me specifically, because she needed a photo of the Great Smoky Mountains National Park for the office Tennessee Visitor's Guide.
No problem, I get calls like that all of the time. I have been taking photographs of the Smokies for many years, and was one of the first to get a nice collection on the Internet.
My terms of use are liberal, so my photos have appeared in over a thousand publications and products, and are rarely used improperly.
So when the graphics designer asked to use a photo in the Guide, I readily agree, as usual. Then she dropped this bomb:
"Oh, by the way, we also want the photo available for free download from our website." What? You want to take my photos, and use it to compete against my own website? You want to take my work and give it away?
Once the photo is out there, it's gone forever. Of course, she selected some of my best photos for the giveaway. And what's in it for me? Apparently nothing. I said I might consider the deal if the photos were branded with the SmokyPhotos.com logo, so at least I would get some advertising and recognition for my trouble.
She indicated that her company would rather pay me for the photo than to properly accredit it. I see. So what is the actual value of a photograph? How much should I tell them I want per photo? $500? $1000? More?
That reminds me. I sold a photo of the Atlanta Olympic Stadium to the Chinese Olympic Committee via an intermediary for $500 many years back when they were lobbying for the Olympic Games. I am still waiting for the check.
Photo courtesy of Richard Weisser and SmokyPhotos.com
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Richard Weisser, Broker, Associate Broker, Auctioneer, E-Pro, CE Instructor |
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All content, including text, original art, photographs and images, is the exclusive property of Coweta Fayette Real Estate, Inc., and may not be used without the expressed written permission of Coweta Fayette Real Estate Better Homes and Gardens Metro Brokers, Newnan Georgia. All information is believed to be accurate but is not warranted, Copyright 2003-2009. Richard Weisser REOS, E-Pro. licensed Auctioneer. 770-827-6225.
Learn more about Coweta County and Fayette County Georgia Real Estate, and to search the entire Georgia MLS for free with no registration required. Visit CowetaFayetteRealEstate.com! Photos of the Great Smoky Mountains National Park. North Georgia Photos.
So you've heard "the check is in the mail" from the intermediary?
Richard, thanks for the heads up. Have you decided what you're going to do, or are you saying no?
Hey Richard, what a great post. We should be very careful about our intellectual property rights. There's been a lot of wonderful content created in AR and I'm glad you have brought this to the family's attention! I have to deal with this all the time about my illustrations, photography and paintings. It can really get out of hand if one doesn't stay on top of it. I've discovered people trying to sell my paintings on-line for twice their going rate when (a) I don't know who they are, (b) they have no permission to use the photographs, (c) they have no authority to offer the work and (d) I have no intention of going outside of Ward Nasse Gallery to sell it even if they do find a buyer and I am asked to consider it. They represent my global interests and I am very happy there. I really enjoyed your post. Thank you for making my day.
RW,
How sweet...
The pic of the Smokies are beautiful...
You`re a true artist...
Richard,
Beautiful photos and what a funny story......the check is always in the mail......
Protect your property. Don't let anyone else use it. If they do, make them pay. That's my policy and has been for 5 years since agents started stealing my maps.
I'm not that interested in my photos because they're not that special. If they were, I'd have the best of the registered. My graphic images are something else. They're special and no one gets to use them without paying.
Good luck. Don't let your property be marginalized by being on every TOM and JERRY's web site.
Richard -- I seriously think you have a fantastic ability, my man. Love the photo...and I look forward to going to your site. I agree with Lenn, fyi. You worked hard for it...protect it.
Kris...
I still haven't decided. I know I'm not going to just let them have a photo. I'm going to try to just being in the print publication, but if that doesn't work I guess I just won't do it. thank you.
Carolyn...
Thanks for the wonderful comment. You are very wise to have a professional representing your interests! (Hey, where have I heard that before?) It does make you crazy when people try to use your work to make money though, it's stealing at its worst.
Scott...
Thanks, I really appreciate the compliment!
Julie...
The worst part is I sent the actual transparency so it's gone. I did some scans of it though. Thanks, as always.
Lenn...
Isn't it funny that real estate agents are the worst offenders? Now for maps, I understand, but photos? There is STILL a photo on Localism posted by another agent that has my copyright notice on it.
All of the photos I post online are relatively low-res, so for print they have to request high-resolution and that helps to control it quite a bit! Thanks.
Richard even if they purchased the photo, I would still want a credit line and a copyright. How about $500?, $1000? Priceless?
Richard,
Terrible...do you have any legal recourse? Maybe you'll go to China and pick up the check.
Send them a letter of warning to get paid.
Michael...
I agree, I still want my name on it. I really don't know what kind of price to place on the photo. Thanks.
Neal...
I think I sent it in 2001? maybe sooner, I can't remember what year they chose Beijing for the games. Hard to collect now, I believe. Thanks again, my friend.
Richard -- I seriously think you have a fantastic ability, my man. Love the photo...and I look forward to going to your site. I agree with Lenn, fyi. You worked hard for it...protect it.
Im posting this one again since I think you missed it the first time...:-)
Richard,
Good morning Sir, I am sure that you read Gary Woltal's post yesterday on saying NO. If not I think that maybe you should read it and in this case just say NO.
Don R.
You are not doing charity work for this company. They are not benefiting you. This is a no brainer. I agree with Lenn (I usually do).
I'll handle the Country Club and China for $500. Offer expires at noon.
Seriously, you have an amazing talent and I hope you'll stick to your high priced guns. Remember, you are the Enforcer.
Richard, issues of copyright are indeed delicate. You should be paid for your excellent work. Dealing with the Chinese I have ALWAYS found to be tricky. Talk to Microsoft about software piracy. They still are being ripped off.
Richard...I am suprised that you haven't sold more photo's. There must be someone you could contact to find out how to set yourself up. in fact, there have been a few sites given here on this site that i went to and thought i would download the pic and foud it was copywrited.
Richard - interesting conundrum. Perhaps you can sell them while retaining the rights to use on your website. Strange that they would rather own it then credit you.
Your work is fantastic. Sounds like you are in it for the love and joy of creating something beautiful
I can see the internet being more and more of a black hole for copywrite material. I have been very faithful asking for permission to use other people's images, but I know that copy and paste is a common practice. Good luck to you.
Clint...
I think it was lost in the time I was typing responses. Thanks my friend, your support is deeply appreciated!
Don...
I read Gary's blog as if it was directed to me personally! I sure would have a lot more time if I could just say NO! Thanks, my friend in St. Charles County!
Mel...
Well, there is a certain status that goes along with being in the official publication, but it does not directly out money in my pocket, that's for sure. Thank you, as always my friend!
Amanda...
Where have you been? I have been missing you around here, you ALWAYS make me laugh and feel better. You're right though, I need to be the ME that you know! AKA The Enforcer! Thanks for jumping in again, I really appreciate it!
WOW, no spelling errors! Hooray!
Gary...
You're absolutely right. The Chinese have little or no regard for property rights, yet we allow them to sell their goods freely here. It doesn't make any sense to me. Thanks for the comment.
Bill...
I have thought about moving forward with the sale of some photos, who knows, if real estate doesn't pick up I might have to do just that! Thanks again!
Mike...
I don't think I will issue the download permission. I just can't do it! Thanks.
Fred...
It is more common to have real estate agents use the photos without authorization than any other single profession. Strange, but true.
I think you should ask Lenn Richard! LOL she can tell you what the going rate is for the photos...maybe do like 500 plus a pay per click dl!
Say no, no no no no no no !!!! You are very talented and noone should be able to download your photo, frame it and who knows what else!
Richard - I fully understand and agree with you.
Richard- I am really sorry about this and I can sympathize with you. Everyone wants something for nothing!
Richard: I wouldn't know how to start pricing a photograph. But yours certainly deserve the maximum you can get. I'd start with a figure you know they will reject and work down from there.
Jeremy...
I try to make my money on the back end with ads on my site, so I need to keep the photos under control or there won't be any reason to go to the site. I had put the entire catalog up for sale at one time, but withdrew it from the market because I couldn't bear to part with my pics! Thanks for the comment!
April...
The what else is THEY could sell it! I once had a gut download about 30 photos to put on a site and he didn't understand why I would have a problem with that. Go figure.
Mike...
Thanks for the support.
Lori...
They want something for nothing and get mad at you if you say no, Wow!
Chris Ann...
I just got an idea for a new post! Thanks for the comment!
I would say that free wouldn't be an option that would be on the table... now, for pricing, look to Getty or some of the other stock photography sites... they are not inexpensive. You have an amazing eye for framing and light, my friend.
Richard,
People amaze me. The lady doing the promo is about like the people that want you to cut your commission at the point of listing because they think their property is "just that special".
I would give them the photo before I gave them the right to not crediting me with the photography. On principle, if I were as talented as you I would probably do neither one.
Jesse...
Thanks for the tips and for the kudos. It's great to have you back around here, my friend!
Earleene...
It is a crazy world out there, everyone thinks that everything should be free with no strings attached. Go figure!
Richard,
Great picture. I have several Smoky pix as well - we'll have to compare some time. This might be the time to go for that $1 million photo. If she passes, you actually win. If she pays, you really win. :)
Steve
I want to hire Amanda! I don't have any problem at this point, but it sure would be fun to watch her clean up the town!
I agree with the rest.......Don't give away your art! You are very talented!
Awesome photos, I can understand why you want to protect them. How do we protect what we post?
Richard - I would not sell them the photo but rather license the photo for specific purposes say website and calendar use or whatever. The more uses they want the photo for the higher the licensing fee. Three to five thousand sounds reasonable to me. Remember they came to you.
Maybe make a deal that they license 10 photos for a group fee. Maintain control over your property. Have them send you there standard contract and negotiate from there.
Richard, thanks for the post! I have some beautiful pictures that I've taken here in Clarksville, TN and I don't share those with anyone.
Great post Richard and your shot of the Smokies is very beautiful. I know where your coming from when you mentioned prices for photos and how much are they worth?
I have been taking photographs for over thirty years and I have certain photos that are worth a lot of money. And I am sure you do.
I have a new web site coming out and my pics on the web site have very small mega bites and water-marked for my protection, because I will be selling them. So they can't be duplicated over the net.
Richard that is a beautiful pic. A lot of people today want something for nothing. My mother always said "there isn't any free lunch" so go out work hard and be honest and it will come back to you. You need to protect your hard work from folks who just want the glory without any of the work or sacrifice.
Richard, you could sell that photograph in a gallery. My son has a friend whose dad was paid $250,000 for a shot of the stadium the Jaguars play in in Jacksonville. Granted, it's an amazing shot at night, but the $$ in professional sports no doubt affected the value of the shot.
As a former producer who is married to a SAG actor who also did a lot of print work, I agree with Brian that you should license the photograph and receive a certain payment or royalty for any they sell. Also, copyright it if you haven't already done so. It is standard practice to pay different fees for varying usages in print modeling, songs, etc.
I think they can make a lot of money for themselves and for you also with that gorgeous shot. BTW, what camera did you use?
Richard - I am sure it makes you feel great that they want the photos but as you said...once you release them your competitors could essentially use them. That would not make me happy if I was you. Now if the price was great enough that might be entirely different. Congrats on getting recognized for your skill and talent.
Richard
Thanks for a very good post. I take some of the photos I use and sometimes utilize a professional photographer. In the case of a pro, the pictures are licensed to me and they can also use them for their own business but this is limited as the pictures were commissioned for specific subjects and distribution.
As far as that check from the intermediary? I would not hold my breath!
Richard, keep up the great work!
Richard - That's one gorgeous photo. Personally, I wouldn't give it away though. Most business is well aquainted with the concept of intellectual property. You should be paid for your work!!
Hi Richard I love your post and your incredible photos. How do you protect them? Do you copyright them"
I love photography too but really don't want them used freely as you stated ..you do the work to make them look good!!