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Hello can any one help?
I have been recently approached by a company that would like to sell my work on my behalf but I am a bit lost at the terms and jargon presented to me.I am completely new to this and like any one would not want to lose out due to lack of understanding of the terminology used.I have looked on here and on line regarding licences and copyrights but can not seem to find any simple explanations.Does any one know where I can find a simple helpful way to understand this or could you explain what the following terms and conditions means.
Thanks in advance,
The agreement and relationship will take the following shape.
I. requires rights to selected images of yours, for use online (such as our website and social media), as well as any publications for purposes of marketing and advertising you and your work within the brand.
II. requires rights to the use of your CV and biography for purposes of marketing and advertising you and your work within the brand.
III. requires exclusive rights to sell prints of selected images in either of our two recommended mounting options – Aluminium and Acrylic Reverse.
IV. requires exclusive rights to sell prints of selected images in two predetermined sizes agreed upon by both parties.
V. Each size of image would be released in a limited edition of up to 100 (max. 200 prints in total per image).
VI. You would receive a standard commission of 20% of the print's retail price, paid on a monthly basis dependant on your sales.
VII. You remain free to sell the selected images elsewhere, assuming it does not contravene the agreements made in points iii. or iv..
VIII. You are also free to sell and exhibit any of your other work as you see fit.
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Basically you would be allowing them to sell the selected image(s) to a maximum of 200 sales per image. You can still sell prints of the images yourself, but would not be allowed to let another agency/company sell them for you (or post for sale on sites like Red Bubble, for example).
You are also giving them permission to use your images (and you) for their own advertising and promotion, and all for a 20% return on any sales
I would be look very carefully at what you are agreeing to in section VII
Thank you Paul for your reply, I agree with what you have said and it makes more sense now, yesterday when I received the email I did not know what to make of it. I need to get a better understanding to know my rights and where I stand before handing over any of my work. I got a bit confused and unsure when words like exclusive rights was mentioned and also how I will I know what they sale?These are some of the questions I need to ask.
Quote: yesterday when I received the email
Did this come as an out of the blue email contact, ie: A cold call approach.....? ? ?
If so I would avoid it like the proverbial.....!!!
Why?, Quite simply this, If they are touting for business and not a company you have approached personally, It looks very much like a great number of other tactics used, To persuade you, To make money for them, If you have a web presence with landline phone numbers, The approach is the same, Though the line & tactics may be varied, Whatever, Its always a glossy or rosy scene, Where you get " Dam All " despite working your butt off......
The old saying still applies to all things that glitter, If It Sounds To Good To Be True = It Probably Is.....
Hi Cameracat Thanks for your reply I appreciate it,
No, I contacted them after seeing an advert on line and replied.They contacted me yesterday I have there full information and also there contact details.I cut and pasted the agreement from the email as I was not sure what it meant and that's why I posted it here to get some help and understanding.
I would avoid them simply because of section vi.
That was my first thought, but they are offering the photographer 20% of the sale price of the print and if you look at the sale price of images from microstocks and compare that to the sale price of a print then 20% seems a decent price. I would still wonder about it, though.
Thanks Awphot and Mike Hit, appreciate it.
To be honest I am still thinking about it and at the same time wondering that as long I know where I stand then it should be ok as long as I don't cut myself short.
I also see that the exclusive rights refers to sale of prints - so on the face of it, it seems you would be free to go to stock sites that deal only in images.
I wouldn't get over excited about 20% commission! On that basis and points III and IV I would turn them down flat.
However, good luck with whatever you choose.
Thanks again Mikehit and Peterjones I appreciate your reply.I am still undecided as what to do at the moment because in one way it could be good and in another way it could be not good.But I am going to have to think it through and weigh it up.
AVOID - it is NOT GOOD.
DO NOT TOUCH WITH A BARGEPOLE.
I can't understand why you are undecided. A number of people have told you it is Not Good. I shall go further. If you proceed, not only will you be being shafted, you will be helping to shaft the entire industry. Are you decided yet?
If you are interested in selling your work, and you think it's good enough to sell, why not look at placing images with a photo library?
This has several advantages. You can usually use your images elsewhere, such as selling prints locally or online. You don't have to work, the agency searches the market, negotiates the price and makes the sales. They are generally worldwide and have access to massive markets. And they generally pay you (50% is common) more than 20%!
Cold contacting is seldom done by reputable companies. As above, if it seems too good, it probably is.
In the end I decided not to go ahead after reading peoples comments here and looking at there business on line it did seem worth it.
Thank you again for your comment it is appreciated and nice to know people care.
Thank you for your advice I look into it.
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