A small business "dealing": the finale?

[asafrye]

<p>Hello pnet friends! Here's my third (and maybe final) post regarding my dealings with a <a href="../business-photography-forum/00UCVJ"><strong>small business</strong> </a> that has expressed interest in using my photos for their web site. In my <a href="../business-photography-forum/00UKH0"><strong>last post</strong> </a> I was feeling out whether to negotiate the license agreement (including price) via email or phone. I decided this evening to send the owner a detailed email requesting the additional information I'd need in order to draft up the license which will include my determined price and our agreed upon usage detail. I left the option to discuss further by phone. I got a response back within 15min (perhaps from his Blackberry or the like) indicating that negotiating a license agreement is not "simple" and "quick" enough to work for his company. He just wanted an email from me where I confirm authorization for them to use my photos "in a certain way." Regarding consideration. . .he didn't even acknowledge my requests for information so that I can determine a reasonable price, instead in response to my request for his delivery need date he simply says, "As soon as we can agree on the related costs." These are digital photos, and he already indicated that the method of delivery would be as email attachments. I interpret his responses as a blatant low balling to $0. In my original email to him I took the time to explain that I signed an agreement which limited the photos that I took to non-commercial uses unless otherwise authorized by agreement with the league. So I couldn't legally authorize him to use any of the photos that he was interested in until I obtained model releases! And obtaining those may involve some negotiation of consideration (i.e., $) for the "models", right?</p>

<p>I replied to his note with a single line that said: "My photos can't be used without a contract."</p>

<p>I think this "transaction" is done!</p>

[bill_mussett1]

<p>Asa, I agree that he is fishing for free or near-zero cost images. Forget this guy. He places no value on photography. You've handled this in what I would consider a professional manner. You may hear from him again, but stick with your position. </p>

[Matt Laur]

<p>Owners of small businesses? They are completely overworked, if they're trying to grow that business and compete and still make a living. They are very busy people. While what I'm saying may not apply to this particular person, suffice it to say: most small business owners want to buy a <em>product, </em>not engage in negotiation. They hear "contract" and "license" and what do they think? Yup: "Oh, man. Now I've got to get my lawyer involved, and he costs more than a commercial photographer."<br /><br />Giving this guy the benefit of the doubt, here, I'd suggest that he just wants a simple offer, with clear, simple terms. Indeed, he may want that offer to involve the spending of very little money. But the difference between "cheap" and "reasonable" is nothing, compared to his sense that his supplier (you) is looking to make something that <em>he</em> wants to be simple into something that he'll experience as complex, legalistic, and (most importatly) time consuming. <br />This is why people buy microstock. The terms are spelled out in plain (enough) language, and any time they have to spend sifting through the language is nicely offset by the low prices.<br /><br />My suggestion: deliver a pro-forma invoice that <em>includes</em> the rights <em>you</em> think are appropriate, and the price. Tell him that's they way it's going to work, it's simple, it's done, and all he as to do is agree to it - and pay! One of the terms on that invoice is that he doesn't have any rights until the invoice is paid.<br /><br />So, give him something clear, simple, and <em>already done</em> for a quick signature. He'll appreciate that it's not going to be some drawn-out, back and forth affair involving expensive sounding legal terms. People are a lot more inclined to agree to and pay for something that looks bundled up, ready to go, and not weasley. Small business owners need <em>time</em> a lot more than they need to save $50 on an important piece of the marketing. Give it a try!</p>