Help Flickr and image use / permission

[old.user4556]

Freds,

A dude sent me a mail through Flickr and politely introduced himself as a graphic designer who produced marketing material for companies / charities and was interested in using an image I took recently (a sunset shot in Loch Lomond) for some promotional material in relation to Scottish Lochs.

Now, the image isn't outstanding, but it's technically fine and would work well for a stock photography shot for the aforementioned marketing material (I'd expect it would be covered with words and promotional waffle, so the image is not the main focal point and just a background really).

I don't want money for it, I like photography as a hobby, but I've never done this before (i.e. let someone use my image for a commercial purpose) and it seemed like a good way to get the foot in the door of possible supply of stock footage.

He mentioned that he would send an electronic version of the marketing material to me and that I would "of course" be credited on the marketing material. I went back to him with the following points:

- what sort of marketing material would it be?
- if for example it was to be used for leaflets, how many leaflets would you be planning to print and issue?
- would it be physical and/or electronic marketing material?
- how wide a geographic audience are likely to see the image?
- would I be credited per item of marketing material (e.g. on each leaflet / web page / poster etc.)?
- would it be possible to send me through electronic and physical examples of your material using my image?

Is there anything else I need to watch so that I don't get ripped off? Should I send something in writing (or email) stipulating exactly how he can and can't use the image? Am I missing anything else?

Cheers

 

[Tom]

If you don't want any money, just stipulate that your name appear in small writing at the base of the image. If its used electronically, then your name hyperlinked to your Flickr profile page.

Quite easy to do this, just change the image licence to "Creative Commons Attribution-No Derivative Works 2.0 UK: England & Wales Licence"

 

[Sparx]

Yeah if you dont want money then credit is ok

Just make sure you put in the contract that they cannot then sell it on and the image still remains yours. If they are to make any money at all from the image then you by right should too

 

[milou]

No doubt the designer is getting paid. If you're relaxed about it, then image credit should suffice. As for the getting a foot in the door aspect, you may not want to be known as a supplier of free imagery. However, not all content needs to be paid and it can create some goodwill if you're making a supply for what might be construed as altruistic purposes e.g. assisting the promotion of an area that you're particularly pleased to help.

 

[Nate]

would I be credited per item

Are you taking this as in he will give you money for it? I think it means that he will put your name on the advert can't be sure though so some clarity on that would be good.

 

[DaGaffer]

If you don't want any money, just stipulate that your name appear in small writing at the base of the image. If its used electronically, then your name hyperlinked to your Flickr profile page.

Quite easy to do this, just change the image licence to "Creative Commons Attribution-No Derivative Works 2.0 UK: England & Wales Licence"

That's what I got when I gave permission to use one of my photos in a travel guide; Schmap for the iPhone. I'm under no illusions I would ever be a good enough photographer to make any money out if it, so I was happy to let them use the photo. No skin off my nose.

 

[milou]

I'm under no illusions I would ever be a good enough photographer to make any money out if it.

Although it was a good enough image to be used.

 

[Tom]

On the other hand, Milou is probably entirely correct, and if the designer is being paid then he should have made an allowance for the cost of imagery. So why not ask for some money.

 

[Sparx]

Exactly Milou

I used to think the same thing till my pics were being used for DJ material

 

[DaGaffer]

Although it was a good enough image to be used.

Yeah but I'm the photographic equivalent of infinite monkeys on a typewriter, so I'm hardly going to go to the effort of a commercial negotiation for a one off; its simply not worth the effort unless its going to become a regular thing.

 

[old.user4556]

No doubt the designer is getting paid. If you're relaxed about it, then image credit should suffice. As for the getting a foot in the door aspect, you may not want to be known as a supplier of free imagery. However, not all content needs to be paid and it can create some goodwill if you're making a supply for what might be construed as altruistic purposes e.g. assisting the promotion of an area that you're particularly pleased to help.

That's a good point, it's a small graphic design company that is producing the material for what I understand is a charity, so given that it's a small Scottish company it's an avenue for someone to promote one of my images without me worrying about not satisfying a client.

Are you taking this as in he will give you money for it? I think it means that he will put your name on the advert can't be sure though so some clarity on that would be good.

No - my post says I don't want money for it, I'm happy to be credited per image as in "Big G 0wns j00" at the bottom of the image or something.

That's what I got when I gave permission to use one of my photos in a travel guide; Schmap for the iPhone. I'm under no illusions I would ever be a good enough photographer to make any money out if it, so I was happy to let them use the photo. No skin off my nose.

Again, I agree with Gaff here; I'm not a pr0 and wouldn't insult the industry by claiming to be one, but if someone wants to use one of my images then great, maybe it will lead onto better things one day - I don't see it as a loss on my part.

On the other hand, Milou is probably entirely correct, and if the designer is being paid then he should have made an allowance for the cost of imagery. So why not ask for some money.

Not this time, but if he was to come back to me and say "we'd like to use your image for blah-blah over and above marketing material" or "we're interested in using more images", then perhaps I would think about it in future.

Cheers for the ideas guys.

 

[Tom]

Once you change the licence and allow him to use it, there'll be no going back. He can then use it for whatever he likes, and it doesn't matter if you change the licence back again.

 

[old.user4556]

That's fair enough, but it's not unique or particularly ground breaking in any way so I see it as free advertising on my part.

 

[milou]

I think we'd all be happy with 'Big G 0wns j00'.

 

[JingleBells]

I was contacted on flickr by someone who was compiling some educational book who wanted to use my incredibly blurry photo of Chesil Beach, they wanted to know if I was happy for the image to be used and what credit I wanted. I just replied saying sure (why on earth she picked my picture), and made sure she knew how to spell my surname so there's no typo's in the book

 

[old.user4556]

Well I emailed the guy to find out how he was getting on and if I could get a look at what he had done with the photo.

No reply.

Lesson learned .

 

[SheepCow]

It's likely he just found another picture. There are plenty of free (CC'd) pictures out there to choose from

 

[old.user4556]

Necrooooooooo.

Just got an email from a magazine (SHIFT Mag) asking to use another one of my images on one of their magazines but that "we have no budget for photos" or in other words "can we use your image for free please".

I told them to license it through Getty and pay the appropriate fee or bugger off.

 

[Gumbo]

I'd have settled for a 'image courtesy of Gumbo Gumballington' tag at the end of the article, so I could point at it and be proud to be published.

Unless I took photos for a living and then I would tell them to pay up or do one.

 

[old.user4556]

Indeed, but have a read of this:

We have no budget for photos : Tony Sleep Photography

 

[Gumbo]

Yeah I know what you're saying and what that article is, and that's why I said about doing it for a living, which he clearly does.

If I was being approached twice a week for the use of my photos I'd absolutely tell them where to go, but if it was a couple of times a year or less, I'd agree just to get it out there.

I had a photo used in a motorsport publication a couple of years ago and was impossibly excited to just get a credit.

I suppose if I was sure that mine was the only shot which could possibly fit the article, I'd be more concerned about getting paid, but so often, if you say fuck off, pay up, they'll just move on to the next best shot that they can get for free.

At least they asked to use it...

 

[old.user4556]

I'm getting to a stage where a few licence requests for images have come through Flickr / Getty, and if they're serious about using my image then pay up like the others have. I'm not talking fortunes, but some appreciation for the effort in the way of a small fee wouldn't go amiss.

 

[TdC]

I have a friend who wrestles with this problem often. Also I do on the music blog I occasionally work for. Every now and then I invest a couple dozen hours and a few thousand words, and my pay is free entrance (usually) to a concert or festival, and a press pass. Do the mods outweigh the cons? Hell no.

 

[Wazzerphuk]

I'm getting to a stage where a few licence requests for images have come through Flickr / Getty, and if they're serious about using my image then pay up like the others have. I'm not talking fortunes, but some appreciation for the effort in the way of a small fee wouldn't go amiss.

I had an e-mail recently, so I signed up with the photo that someone wanted. Heard nothing since