View Full Version : Help: What "Terms" to give?


Lester Palisoc
09-13-2007, 11:29 AM
Someone saw one of my photos in the internet and sent a message to me asking if i would consider letting them use my photo for a brochure that they are currently working. They are also asking for my "terms". This is my first time (and still amateur) and I do not have idea what "terms" will I give to them. Looking forward for your advice. Thanks!

hochi_abaya
09-16-2007, 07:09 AM
why don't you ask them what terms they are prepared to give so we have something to start with

you can get a ton load of answers with your question and all would be pointless if they are much higher than what the company is willing to offer you and also pointless if all you the answers you get are much lower than their offer

Harvey_Chua
09-16-2007, 01:46 PM
Someone saw one of my photos in the internet and sent a message to me asking if i would consider letting them use my photo for a brochure that they are currently working. They are also asking for my "terms". This is my first time (and still amateur) and I do not have idea what "terms" will I give to them. Looking forward for your advice. Thanks!

Ask how many copies of the brochure will be printed and where they will be distributed.

Since you don't know them, it would be wise to ask for payment first before you release your high-res file. The file that you should release must correspond to the size that they have indicated. So, if they say, 1/4 page of 8-1/2x11, then your image should be right for that size, and priced accordingly. If they want, for example, to use your image on full page, then your image and price for the image should appropriately follow that specification.

Your price should also include cost of submitting your high-res files. Do they want you to upload your hi-res file to their website or yours, or do they want you to send a CD or DVD? Will it be sent by airmail or by courier? Price accordingly.

Your other terms should indicate what license you are issuing (such as one-time publication rights in brochure -- give name of company and if possible, title of brochure). Your buyer should not automatically assume that they are "buying" your photo - what they will pay you for is for the right to use it ONCE in that brochure. You should also ask for photo credits to appear with your photo.

You might want to also indicate if you are allowing retouching, enhancement or any digital manipulation of your image. There was someone in this forum or another that allowed the free use of her photo of sunflowers but was aghast to find out that they changed the color of the sunflowers to red. Indicate what kind of digital manipulation you are allowing.

You may also want to include as one of the terms that you should be given x number of copies of the printed brochure and for such to be airmailed to you.

If your photo has people or things that require releases, you should secure them (and include compensation for your talents in your pricing) or if not, you should indicate that you have not secured models' releases or property releases, and that buyer should assume responsibility for getting them.

A negotiation is a two-way process. Go ahead and ask your prospective buyer questions so you can be guided as to how to proceed. You can't depend on what terms they will dictate to you as they may or may not be favorable to you. On the other hand, you can't dictate everything to them either. Go for win-win, be fair but protect your rights.

Good luck.:)