Company wants to use my shot, but I'm no pro...?

[Night Owl]

Howdy, all. I perused the sticky topics above, but those seem to apply more to pro/studio/portrait type stuff.

This afternoon, I received an email from a consulting company. The sender contacted me via a link attached to my photo on an online database.

Could you please tell me your fee for your photograph ID#1180367 displayed on airliners.net. We are putting together a "print on demand" brochure that we will print approx 500 times per year through our on-site laser printers, and have a average budget of approx. $100USD per photo.

Now, I shoot for recreation and have no aspirations of doing this for coin. But if someone wants to throw money at me, I don't want to turn it down. I don't want to get rich off this, but I certainly want to make the most of it.

Should I counter or accept the $100 and be content? Also, should I offer the RAW image, as opposed to the JPEG she found online?

Any advice is appreciated. Thanks...

[xseption]

Originally Posted by Night Owl

I don't want to get rich off this, but I certainly want to make the most of it.

You certainly are not getting rich off of it, but I don't see why you cannot receive money when you are having fun. Take the cash, and see if there is another opportunity ...



PS you can use the money towards a new lens!!!

[andyz]

First off I'd ask what you'd be happy with and remember it is always easier to work your way down, than up.

Second, I'd read these threads carefully as you'll see some discussions on sale and use. Ensure you have defined what they can use the picture for and that they can't re-sell it. They don't have unlimited use.

What's the worst that can happen, you get some new gear! Also remember that this can be taxable income.

[Night Owl]

Thanks for the advice. Will advise on the outcome...

[CaptainTom]

I agree mostly.

Find out the usage restricitons if any.
Take the $100 and don't send them any files unless they ask (beg) for them.
They may just want to take your image off the net and that will be good enough.

[DEMDeepEllumMusic]

Even though the photo was taken at a public event you may run into problems of needing a "property" release from the owners of the helicopter, especially if the end users want to put it into a printed format for sale. (I could see it being used in a calendar very easily)

I would really look into what their end use is and I would really read it over very carefully, also as mentioned above I would not volunteer the RAW file to them at that price.

BTW that is a great shot!

[CaptainTom]

I don't see any property rights issues with this photo. No company logos or any other sort of identifying (except the tail no. which is public) marks.

Photographs of Property

Although property does not enjoy a right to privacy or publicity that there are other bodies of the law that might prohibit or restrict the unauthorized use of a photograph containing property. These bodies of law may include among others contract, trademark, unfair competition, copyright and trespass law.

The guiding principle, that of course is muddled with exceptions, is that as long as a photograph of private property is taken while the photographer is on public property or on property that is open to the public then it is permissible to publish that photograph without permission from the owner of the property.

However, there are exceptions where it may be necessary or advisable to obtain permission from the owner of the property. These exceptions may include among others, a photograph of (i) artwork displayed in a museum, gallery or other location, (ii) a well-recognized product, such as a Harley-Davidson motorcycle, where the manufacturer has been litigious with respect to commercial uses of photographs containing their product, (iii) a building where the building design is protected by a federal trademark registration - recently there was litigation involving a photograph of the Rock and Rock Hall of Fame, (iv) a "famous" pet such as Lassie, (v) interiors of private buildings and (vi) personal property, such as their clothing or jewelry, that could identify an individual.

[DEMDeepEllumMusic]

Originally Posted by CaptainTom

I don't see any property rights issues with this photo. No company logos or any other sort of identifying (except the tail no. which is public) marks.

Open your eyes up Tom, it is very clearly on the intake cowling a yellow and black corporate symbol though slightly obliterated by the shadow of the blades, which is why I posted what I posted.

[johnastovall]

Originally Posted by DEMDeepEllumMusic

Open your eyes up Tom, it is very clearly on the intake cowling a yellow and black corporate symbol though slightly obliterated by the shadow of the blades, which is why I posted what I posted.

It's Rowan Drilling Company. It's even identified in the web description of the photo. I would try to get a release from them....

[CaptainTom]

Originally Posted by DEMDeepEllumMusic

Open your eyes up Tom, it is very clearly on the intake cowling a yellow and black corporate symbol though slightly obliterated by the shadow of the blades, which is why I posted what I posted.

open your own eyes and read what I posted. no property infringement here.
take me to court.

[zepp]

For what it's worth...

I've been contracted in the past by the City on several occasions to take photos at the airport. We were always instructed by airport management to remove any of the identifying numbers and symbols from any corporate or private aircraft that might appear in any image if it were to be used.

It sure wouldn't hurt to at least check into it.

[Night Owl]

150 bones landed in my dog bowl via PayPal this morning for a 1200 x 900 pixel TIFF file. The woman I'm dealing with stated the Rowan logo would be removed by their in-house graphics-type person. That part was unsolicited....she just mentioned it.

Rowan loaned the 'copter to the Museum specifically for a photo event (which several TPFers attended back in February). Apparently, the Rowan aviation guys are tight with the Museum guys. I'm to receive a digital file of the brochure and was asked to burn a couple of copies, both for the Museum and for Rowan's chief pilot.

I've received so much positive feedback on that shot, I may send a print to 'em, as well.

[Aric C. Hoek]

sounds like opportunity knocking.