big question about copyrights

[racedraper]

I was asked today by a AMA racer if he could use my pic to mass produce to hand out to autograph seekers. He asked how much to charge him due to the copyright stuff. They will put his sponsors logos on it ,including mine. well hes not going to make money of it, but his sponsors or getting free advertising though but I will also. he is the pic he wants.

[Photo-John]

This isn't really a copyright issue. It's your photo and you own it. You having the copyright doesn't mean that it inherently has any specific value. But since you own it, you can decide how much, if any, money you want to charge for the use of the photo.

I always determine how much to charge based on usage. In this case, you can figure in having your logo on the photo, if you want. There is some marketing value in it for you. As for the rider making money from the photo - no he's not selling the photo. But the photo will be a marketing tool for him and his sponsors - the people who pay him. So he is making money from it, albeit indirectly. You need to figure out what the marketing value of having your photo used is and charge accordingly. You should definitely get something out of it. If it was me, I'd offer to leave my logo off of the photo and ask for money instead.

[DHMN69]

After finding out that most places that work on photography/prints these days won't print professional or professional looking stuff without written permissions from a photographer.. If your logo is on the picture they'll more than likely require written license to use the photo unless they're actually doing the prints from their own shop.

On a similar note

(Our Wal-Mart turned away an 80+ yr old guy the other day who wanted just to scan and make a print from a 50 yr old B&W photo of his long past sister because it was done professionally.. they said he needed to get the photographer's permission but for obvious reasons that's likely NOT going to happen...and the guy's grandson was p.o'd big time. Hopefully he found some place willing to do it for him, even though I do believe in your work being your own in a case like that....)

Back to the original subject and great picture ;).. definitely make SOMETHING off it!

[racedraper]

well I askd him to sign a simple not for profit contract and he said he is going to use another photo. oh well i guess

[Photo-John]

Ugggh - I hate to say it, but best get used to it. Especially with racers. They are cheap.

You did the right thing asking him to sign a contract, though. The problem with trying to make money or do business correctly is that often there's someone else willing to do it for cheaper or even free. Hang in there, let your work speak for itself and don't let people take advantage of you. In time, it will pay. A little bit

[racedraper]

Ugggh - I hate to say it, but best get used to it. Especially with racers. They are cheap.

You did the right thing asking him to sign a contract, though. The problem with trying to make money or do business correctly is that often there's someone else willing to do it for cheaper or even free. Hang in there, let your work speak for itself and don't let people take advantage of you. In time, it will pay. A little bit

yeah i know . i even told him I would give it to him free. just as long he has my logo on it as well

[mattyj]

wow bad luck with it all but its a stunning photo!

[monkey44]

Don't sell yourself short -- I often have the same problem with copyright, and permissions, and payment. IF I don't get paid, then I don't give up permission ... generally

I reserve the right, of course to give it away if I want to - like to non-profit agency, or kids groups. But always get a signed notification that it cannot be scanned or printed without my knowledge.

There's lots of competition out there, with "wanna-be's" and digital cameras... many give it away or cheap - it's hurting us 'worker bees' -- but if you cave, it's the beginning of the end. So, hold on for the value you believe it's worth, and eventually you will get $$$ for your work, even if not that particular image.

[Lori11]

Something I know about! I shoot these guys all day everyday....my rule of thumb is this, the photo is sold NEVER given (for future ref for you) and your logo or business name ON the photo, this is huge because if he or someone else likes what they see and ask who shot it, you dont want "oh some guy in KC" as the answer. The other thing I do is I ask for the finished product for my portfolio. I have never had anyone, racer or sponsor say no. Let me know if you have anymore questions...........pleaseeeeeeeeeeee dont give yoru work away though!