How much should I ask for use of a picture?

[bzog]

I have been contacted by a company that saw a picture I modified using photoshop and they want to pay me to use the picture.

Here is the background:
The picture is of a car. The car had orange paint and black stripes, and using photoshop I was able to change the colors to see what the car looked like in many different color combinations. I did this simply for fun and at the request of members on a car forum.

A few days ago a company contacted me about paying me to use the picture in a marketing campaign. I researched the company and the car company that makes this car is a client of the marketing company, so I assume it would be used in some sort of campaign for the car.

I have a few questions:

1) Since the picture was not mine to begin with, am I really allowed to sell it? Perhaps since the company does marketing for the car company they have permission to use any picture from the car company?
2) Here is what they say the contract would be: 2 year unlimited usage excluding broadcast.

So I assume that they are using this in print ads and on the internet (anything but TV) for two years?

3) The big question: how much should I ask from them to use the picture assuming that I have the right to do so? I have no idea what it is worth. I've never sold any form of artwork. I'm sure they have the ability to access any picture from the car company and the designers to create basically the same thing, so I don't want to ask too much, but I don't want to leave a ton of money on the table if this is actually worth a good amount of money.

Both of these companies (the marketing company and car company) are HUGE companies, so I'm sure they have a large contract together.

TIA

[crusty]

Don't have an educated opinion... but my 2¢ would be... why does a major marketing company want to pay you for something they could do themselves in Photoshop? They have unlimitted access to the car, and obviously have the money to buy their own copy of the program, so they could take any shot they wanted and do the editing themselves. Or is there something else that makes your edited work special?

Cool opportunity, but it seems a bit odd to me. Hope it works out in your favor though!! Good luck!

[Photo-John]

I'd like to see the photo. If it's recognizable then I think you'd be infringing. You could always talk to the original photographer and make a deal. Or, you could tell them that it's not your photo and offer to reshoot so you are confident you own the rights. But since it's not your photo, I would not sell it - even if you have altered it.

As for the money, usage fees are based on distribution. If you get to the point where you are ready to make a deal, then I recommend you invest fotoQuote. It's an invaluable stock and usage pricing software. It will pay for itself with one client.

[jetrim]

John is giving you good advice. What you have, is a derivative work and I wouldn't chance selling it without the consent of the original photographer (who still holds the copyright). When you do have something to sell, the price is based on how the shot will be used, and for how long. The same photo used by a local car dealer for print ads in a single state, will not be worth as much as the exact same picture used in the exact same way by GM for national distribution. I use a program called blinkbid which is very similar to fotoQuote, there are a bunch of them out there.

Alternately, you could explain that the shot is not yours, but you'd be happy to alter a shot they provide in a similar way. The price for this type of graphic art/digital retouching in my area is between $65.00-$100.00/hr with no usage fees to calculate.

[OldClicker]

Remember that the car's make/model is also copyrighted. - Terry

[PatBranch]

^ I think you mean trademarked? I don't see how that applies to photo use.

It's not your photo, so you can't license it to be used w/o permission from the copyright owner. If you do get permission or re-shoot it yourself, like Photo-John said, check out fotoQuote. It gives you industry standard quotes for different uses with factors like print run size, image size, etc.

http://www.cradocfotosoftware.com/fotoQuote-Pro/

[OldClicker]

^ I think you mean trademarked? I don't see how that applies to photo use.

Ford made a Mustang Club quit issuing a Mustang calendar. - Terry