Requesting Use of Photo(s)

[richard_wilkins]

I've been a contributing member of photo.net for the past year. The

last six months I have been focusing on production of my own music

and am currently in search of strong images that compliment my music.

(To this date, none of my own photography adequately expresses what

my music expresses)

 

I know this forum has a large number of very talented photographers

and I'm curious how I might ask permission to use an image in

combination with the cds of my original compositions I burn here at

home.

 

Can I post a request in the Classified section of photo.net which

would include a link to my music for interested photographers?

As I mentioned above, I'm just an amateur musician (as well as an

amateur photographer)and am not signed to any label. So as of yet,

there is no money being earned as a result of publication of my music.

 

If any one here is familiar with the procedure for posting such a

request, I would appreciate any guidance you could offer! Thanks!

[jreades]

Why not try asking people directly? Find pictures that really appeal to you, request their

creator's email address, explain who you are, and see who is (in principle) willing...

 

That's the easy part, the hard part will be coming up with a legal agreement. Since you're

not exactly making money yet and seem reluctant to pay up front, you'll probably have to

develop a slightly unusual legal agreement.

 

Off the cuff I would suggest considering some of the following issues:

 

1. You want the right to use the image in any format (web, print, poster) without

restriction or need to renegotiate the contract amount.

 

2. However, you will need to flexible on licensing terms so you should expressly include

the photographer's right to re-sell/license the image to anyone else except a direct

competitor

 

3. You want the right to alter the image as needed to fit your needs (resolution, output

size, colours, etc.)

 

4. You'll probably want to look at a royalty-type system whereby the photographer gets a

cut of each CD sold. You might want to step it so that the first $1000 worth of CDs have

10% going to the photographer, the next $10000 have 5% going to the photographer, and

so on.

 

4. You would want to consider whether or not to limit the up-side for the photographer --

what is reasonable? Do you say "the photographer let me use his photo not knowing if he/

she would make any money on it, therefore I can't turn around when my CD is selling

500K copies and say 'I've paid you enough'", or do you say "I will pay you 20% of the retail

amount on any CD sold up to $2000, which is a reasonable amount that we've agreed in

advance"?

 

5. What recourse will you allow the photographer for auditing your sales information or

going to arbitration if there's a dispute over royalties?

 

6. Will you credit the photographer (something not usually done on CDs) and permit them

to use you as a good reference?

 

 

I would strongly urge you to find boilerplate-type contracts and to model any agreement

that you might offer to someone on photo.net on that standard language. Even if people

recognise your name and decide to trust you on the basis of your participation on

photo.net you should go with the most professional approach possible -- this means

laying everything down in writing beforehand. I can guarantee that if it's not in writing

then someone is going to come away upset. So even if the photographer doesn't deem it

necessary (and I'd expect the good ones to require it) you should insist on a contract for

everyone's protection.

 

HTH

[richard_wilkins]

Thanks, Jon, for a fantastic response. I'll begin my search for boilerplate documentation immediately.

[bryan_eaton]

What type of music and what are your ideas for images? I might be interested.

[richard_wilkins]

Bryan, I'm creating electronic music loosely based on trance, techno, ambient, garage, and house styles. If you go to my artist page http://trancecreator.com/Tcv4/jamroom/peccavi and click on the MUSIC tab, I have about ten songs available for streaming or download. My artist name is Peccavi.

 

People at the trance creator forum say my music sometimes reminds them of early Depeche Mode, Duran Duran, NIN, Moby, and the like.

Anyway, I don't claim any particular style but it is all composed using digital instruments and software and I do all my own mixing and production... so I call it "electronic".

 

Images that appeal to me the most are those that are just off-center and bordering on surreal. Images that displace the viewer from reality just enough to cause that slight "oops" you feel in your stomach as you go over a hill in the road.

But I'm really open to suggestions on alternative approaches.

 

Obviously, since you expressed a possible interest, I'll be taking a look at any images you've posted here! ;)

Talk to you soon--- and thanks for responding!