User Agreement for Non-Profit

[studio1314]

<p>I have recently contacted by XX Foundation to use some of my images in a booklet they are creating. The images were shared to their site after attending a photography workshop on the grounds. I do not believe there were and terms by submitting, the intention was just for sharing after the workshop. The person asking for the photos is asking for a high res image and the intention is to use it in a booklet with some text overlaid. It is unclear at this point if the booklet was meant to be a sellable item or as a reference to changes being made, but I am checking into this. I did ask that my name will be on the image and I will get a copy or two of the booklet, which was agreed.<br>

I need some type of agreement that states they could use the image in this booklet "only" and reproduction would pend further approval (or something of this nature). I have found an agreement in a pervious discussion posted here, but I am unsure how it should be worded for a non-profit as well as the correct verbage to allow for this booklet "only". Is it also wise to ask for a letter of donation to use as a taxable deduction? <br>

Thank you<br />Nancy</p>

[Charles_Webster]

<p>If you are in the US, the IRS allows you to deduct only the cost of materials when you make a donation of things like photos and paintings. You are better having them pay your invoice, and then you give them that amount back as a donation.</p>

<p>As for usage agreements, google for photography licensing agreements, or look at the ASMP publication "Professional Business Practices for Photographers" or John Harrington's "Best Business Practices for Professional Photographers." A license agreement is the same for a non-profit as for a for-profit.</p>

<p><Chas><br /><br /></p>

<p> </p>

[photomark]

<p><i> You are better having them pay your invoice, and then you give them that amount back as a

donation.</i></p>

 

<p>I'm not an accountant, but I'm pretty sure this is a silly idea. After all, you will need to claim the

amount paid on the invoice as income and then deduct the donation leaving a net result of zero. Why

bother? If you want to donate it, just do it and avoid creating more work for everyone including yourself.

</p>

 

<p>I would second Charles' recommendation for the ASMP book. It has lots of very useful information.

</p>

[lisae]

<p>I recently had to write a license agreement for portraits of a musician/friend. (You can see the question here: http://www.photo.net/business-photography-forum/00a4uE)</p>

<p>A local photographer referred me to the ASMP book, which was very helpful. They also have information on their website. http://asmp.org/tutorials/how-write-license.html. Ultimately, I wrote up a simple agreement in plain English, but using the terms suggested by ASMP. I focused on how the images could be used and by whom. I'm not sure that the agreement would hold up in court, but I expect the use of these photos to be very limited anyway. I plan to be better prepared next time.</p>

[john_macpherson]

<p>Create a regular invoice, charging an appropriate amount. Include details of all restrictions - ie they may NOT use it freely for anything else other than the use currently being discussed. If they do wish to they must contact you. <br>

<br />Then give 100% discount.</p>

<p>This provides a contract for use. They get to see the 'value' you place on your work, and gives a starting point should you need to ever chase them in future for unauthorised use.</p>

<p> </p>

[Charles_Webster]

<p>Mark, the "pay the check-make a donation" thing does indeed generate more paperwork for both sides. And both sides benefit because the non-profit has an invoice showing they paid $X for photographic services, which is a deductible business expense, and the photographer has a receipt showing a $X cash donation, some percentage is tax deductible as a charitable donation.</p>

<p><Chas><br /><br /></p>

[photomark]

<p><i> and the photographer has a receipt showing a $X cash donation, some percentage is tax

deductible as a charitable donation.</i></p>

 

<p>Sure–and at the same time the photographer increased their taxable income by the same amount

nullifying any benefit from the deduction. John provided a really good reason to provide an invoice—to

educate the client about the value of your work. The tax write-off just doesn't work. If it did we'd all be

looking for reasons to send large invoices followed by large donations to non-profits.<p>

[paulie_smith1]

<p>No matter what else you do make sure to formally register copyright of the images. Basic protection should you ever need to do anything in the future relating to unauthorized use of the images.<br>

You can make the cost of registration part of the agreement. That way they see at least some value attached to the otherwise 'free work'.<br>

If you are not sure on this ask yourself one question. Do all those involved with the non-profit donate all their time, effort, talent and work product for free?</p>

[studio1314]

<p>Paulie, How long does it take to register for a copyright? <br>

Thank you everyone for providing some insight with all your suggestions. This is on a tight schedule so I need to have this wrapped up. I did find out that it is not a sellable item and is part of a fundraising effort so I am not sure if this changes anything in regards to how this should be worded. <br>

All in all, I am happy about the image(s) being used but of course do not want to work for free! I will be looking into the links and books suggested to educate myself further.<br>

Thank you again!</p>

[bobbollinger]

<p>I am pretty sure that a non-profit has no use for a business expense tax deduction. </p>