Terms For Selling Photo Downloads


Tallmanirl 5 236 Ireland
7 May 2019 8:52PM
Hi guys!
I have someone interested in purchasing downloads of my photos for commercial use. I donít yet know what their usage requirements are. I donít yet have any terms and conditions drawn up and was wondering if what I might need regarding these?

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LenShepherd 11 4.0k United Kingdom
8 May 2019 8:51AM
Selling pictures for those new to the situation involves several distinct steps.

The first decision you need to make is are you selling photos outright including copyright, or are you selling at an agreed price for a specific limited use.

If you sell including copyright you no longer own the right to sell the photos or to control what they are used for.

If you sell for a specific use only, maybe as pictures to be used in a brochure, you agree a specific price and usage, ideally in writing.

At the basic detail level and depending on what is in the photos you need to be aware that for identifiable people or trading names on perhaps a shop front, you need clearance from the person or business (ideally in writing) if the photos are to be used for marketing (as distinct from editorial) purposes.

For photos taken on private land you are likely to need permission from the landowner, ideally in writing, before selling the pictures.

Depending on what the pictures are of, and what they are used for, a picture agency like Alamy might charge a customer as little as $10 and rarely above $250. Alamy take 50% leaving the photographer with typically $5 to $125 per sale.

A professional photographer might have a day rate of £500 (when they can get it) plus (when they can get it) editing time.

Summing up you need to know what the photos will be used for before deciding if your pictures and suitable for the intended use.
Then you need from the customer an indication of what they might want to pay.
If the customer regularly uses a picture agency while you might negotiate a little extra for something unique, picture library fees are a common starting point.

Whether you add a water mark to your images or keep the files supplied small if intended usage is a quarter of an A4 page are decisions for you.
keithh 15 25.5k 33 Wallis And Futuna
8 May 2019 3:23PM

Quote:Then you need from the customer an indication of what they might want to pay.


That's not how you do business, unless it's at a car boot sale. Grin
Tallmanirl 5 236 Ireland
8 May 2019 4:06PM
Thanks guys!
It would be for an agreed specified use or uses only. Iíd be using agency prices as a guide.

For the specified use agreement, do I need to get a solicitor to draw up an an agreement for those?
Tallmanirl 5 236 Ireland
8 May 2019 4:09PM
Also, if itís for both social media/website display and a brochure for eg, do I charge additional fees for two or more uses?
LenShepherd 11 4.0k United Kingdom
8 May 2019 7:12PM

Quote:
For the specified use agreement, do I need to get a solicitor to draw up an an agreement for those?


Short answer - my advice is do not use a solicitor!

Joining some of the UK professional photographer trade organisations get you access to an approved contract wording - for maybe a £150 annual fee.

Unless you can find a solicitor specialising in copyright and licensing they might rely on you to tell them what you need Sad - and then charge you hundreds of pounds an hour for their services Sad Sad
Tallmanirl 5 236 Ireland
8 May 2019 7:36PM
Ok!
Thanks! I live in Ireland. Do you know of any groups here it might be advisable to join?
LenShepherd 11 4.0k United Kingdom
8 May 2019 8:44PM

Quote:Ok!
Thanks! I live in Ireland. Do you know of any groups here it might be advisable to join?


Google (or similar) can help Grin
Tallmanirl 5 236 Ireland
8 May 2019 9:04PM
I can only do part time but the IPPA is for full timers.
Tallmanirl 5 236 Ireland
6 Aug 2019 9:18PM
I donít take photos of people, have none put up where a business name is displayed, nor any photos on private land.

Iím considering drawing up agreements myself. Apart from price and use specifications, what else should I put in?


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