Compensation and License Agreement for use in National Magazine

<p>Hello, I recently posted....(User Agreement for Non-Profit<a href="../photodb/user?user_id=7075331">Nancy Swiger</a>, Apr 14, 2012; 06:52 p.m.) which now has turned into a donated ad space by a national magazine. The original project was to be a fundraising collateral piece that was placed on hold indefinitely however they have a different opportunity. Better Homes & Gardens has donated ad space to the Foundation to place an ad sometime in the spring of 2013. <br>

The Foundation would like to buy the image outright to have unlimited usage for various types ads. They stated it would not be exclusive so I am free to sell it myself but they will not be able to give photo credit. What should be a fair compensation and how do I word the license agreement?<br>

Thank you!</p>

<p>My commercial use price for screen size is $100.00 and my commercial use price for original is $200.00, my exclusive is $10,000. I issue a for foundations and educational institutions an unlimited usage license. I would imagine you are going to give them an original size photograph digitally or scanned and charge them about the same price of $200.00 or more whatever they are able to pay. There are example license agreements <a href="http://www.scribd.com/doc/82508635/License-Agreement?utm_source=1014&utm_campaign=Scribd+Search&keyword=license%20agreement%20sample&mtype=e&ad=11530717836&gclid=CMb_tKCRiLICFYNrKgodUlEA0Q">here</a> There are other places on the web, PDF's and lots of documentation about writing a usage license for photography. There are books with examples in them. I am sure there will be others commenting with even more places to go for Usage license.</p>

<p>Update: I asked the foundation what their idea of compenstation was for royalty free usage and with no photo credit, they said they would pay $20-$60! What are the usual fees for a stock photo image? I don't feel I should except this offer but I am not certain of how this works. Please help as this needs to be trapped up soon. Thank you!</p>

<p>Well, I just did a google search and there are a lot of stock photography places a long the lines of that $20 - $60 dollar range for royalty free stock photo images. With the way the economy has been, these online places are getting cheaper and cheaper trying to make a buck where ever they can. That of course doesn't help out a photographer that has a great photograph they want to license out. If you can get $60 bucks out of them I would go for the $60 bucks since they have that mentality that you are selling it to them like it is stock work. I have a feeling though you aren't real interested in selling it like it was a stock photo. Everyone always wants a deal it seems, making money isn't as easy as it used to be.</p>

<p>$750 minimum. That's just my opinion. I recently sold unlimited advertisement rights to a medevac helicopter photo for that price. My buyer was a large company.</p>

<p>Don't let the non-profit status affect your pricing, especially if your image is unique and would be difficult to obtain from a stock agency.</p>

<p>I wouldn't let any usage at all for $20 - $60, let alone unlimited royalty free usage, effectively converting your image into a royalty free picture. The $750 mentioned above would I think be a minimum, proper market price is probably considerably higher than that.</p>

<p>The fact that there are bargain basement royalty free imagery available on the internet isn't relevant - there is a sea of free imagery available for that matter, that doesn't mean you should give your pictures away for free.</p>

<p>The reality is, if they're thinking in terms of $20 - $60, they're unlikely to be willing to pay a proper price, and the most sensible option is just to let them know that you're unlikely to be able to agree a price anywhere in their range, so you doubt that you'll be able to do business, walk away and not waste any more time on it. Time is money. In the unlikely event that they're actually willing to pay a proper price, they'll chase after you.</p>

 

<p>Lots of customers want stock images for $20-$60. many others are willing to pay more for specific images. The key in business is to target the latter, not the former.<br>

<br />I would suggest responding along the lines that "You would love to work with them but unfortunately don't sell stock images, preferring to focus on more unique images. That if they don't find a stock image that suits their needs you would be very keen to license this image but that the cost will be $XXX".</p>