Selling Massproduced Prints on Canvas through distributor for Stores : Help !

[amien_burteau]

<p>Hi, I am a fine art photographer in business since 7 years in Quebec.<br>

I was recently approached by a new store wanting to do business with me for massproduction prints on canvas. They'll need the digital Files (from film & digital) to print them at a high flow & are not clear about the terms of agreement. They told me that they will sell 1 kind of product (on canvas) trough a few important stores, at different sizes & maybe for different purposes (not only for tourism gifts).<br>

The license was an Exclusive rights for an non-determined period & they may sell the license to another party (!) In the license, they propose me a small % off benefits (7%) But, orally, the client told me we would share 50/50 the profits (- prod costs) & I am totally not sur about how many prints they will produce, sell, or declare to me as sales.<br>

In different terms, this a situation were they are willing to make profit as a distrubutor trough 3rd party clients.<br>

What to do ?<br>

I am willing to write a 1 Time use non-exclusive rights license for a certain amount of prints & size only.<br>

I am thinking of asking 50% of benefits (minus production costs) for a small amount of prints (500)<br>

& each time they would renew a contract for more prints, lower the % regarding of the quantity of prints.<br>

Does this seem a good way to start ?<br>

I would certainly add a limited period of printing time frame, but it will be hard to follow the real quantity of distribution, as they will own physically my digital prints : even if the license ends, how to know if the prints sold are the one from the 1st edition ? <br>

thanks to all professional answers.<br>

Amien from Quebec-city</p>

[bob_sunley]

<p>Sounds like they want you to supply the images without any money up front on a promise to pay you in the future. Not a good idea. A limited license where you are paid x dollars per image on signing the contract is a much better idea. Under no conditions do you grant a transferable license. Otherwise you may have to sue at your expense to collect, and they just might "prove" there were no profits.</p>

 

[amien_burteau]

<p>exactly what I thought... So what to do :<br>

1: a Limited license with pricing for x prints / image & no more ? (difficult to know how many prints really done & sold.) In this case how much would you sell 1 picture (fine art) ?<br>

2: a Limited license for limited period (ex : 2 years) (they can print as many as they want ?) : In this case how much would you sell 1 picture (fine art) ?<br>

thanks a lot for your help Bob.</p>

[albert_richardson1]

<p>It looks like the arrangement they want to establish with you is similar to the royalty contracts recording companies set up with their artists, but without the accountability built into those contracts. No matter what the sales person tells you, the amount written into the agreement is 7%. Somewhere in the company there is a powerful person responsible for paying you. He's the stranger behind the curtain. He will not know or care what the sales person says. He'll pay what it says to pay. Record companies are quite devious about this. They'll pay for sales where sales = manufactured goods shipped to stores (minus) returns (+- other adjustments). This involves a long distribution cycle that can be complex and difficult to track. Good for them - bad for you. You'll never know what's going on. I don't know what would lead you to trust these people.</p>

<p>Do photographers use agents? If your work really is in demand for this type of distribution arrangement, an agent could be the very person to negotiate a reasonable contract for you.</p>