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15 December 2007

AskMeCha Some people want copies of my photos. What to do?[More:]
I took pictures of the Boston Pops and Cantus, a singing ensemble.

During the performance (I was up front, taking photos for a local newspaper), one of the members gave me a business card as he walked off stage. It said on the back "Please send CD of photos to" and their address. Well that's pretty cool.

Then, just now, someone purporting to be their executive director left a comment on one of my photos, asking me how they could get copies of the photos.

How should I go about this? Anyone?

I'll probably take this to MeTa, too, but I don't exactly have a specific question yet, just "ummm help."
What's the problem, exactly? Are you concerned about compensation, or are you concerned about how they're going to use it?

I see two issues. One, if the local paper runs a photo, you should check to see if you own the copyright or if they do. (It varies for freelancers.) If they hold the copyright and you share that picture with the group, make sure the E.D. knows that they can't use it publicly.

If the copyright isn't an issue, you might ask them how they plan on using it. If it's for publicity and not simply to frame and hang on the wall at HQ, you can tell them you expect small fee. How much depends on how they intend to use it (and whether they're a poor nonprofit that you feel sorry for).

You're under no obligation to share the photo if you don't want to. However, since they were nice and asked, you probably should.

posted by mudpuppie 15 December | 17:27
Mostly how they're going to use it, and depending on that, compensation.

I still own the copyright on the photos, because of the whole freelance thing.
posted by CitrusFreak12 15 December | 17:36
CF, send my ex an email. He's generally very helpful with these sorts of questions and getting other folks started. He's the one who got me going, bought me my first camera and recommended all my higher end equipment.

He sells stuff to the papers in Baltimore fairly regularly. He'll give you a good idea of what your asking rate (if applicable) should be, and some of the other details. O and he'll gladly talk bikes with you too.
posted by lonefrontranger 15 December | 17:47
I think you're perfectly entitled to ask them what their intended use is, cf. If they're intending to use it for purposes you're uncomfortable with, say no. You're also entitled to set some restrictions on how they use the photos.

If they're going to use them for publicity, ask these kinds of questions:

What kind of presentation will they use? If they're using a photo on the cover of a glossy fundraising brochure that gets mailed to thousands, you should up your price. (Two reasons: One, it'll be seen by lots of people. Two, if they're printing a bunch of glossies and/or doing a big mailing, they have money.)

If they're using it for, say, posters for upcoming events, find out how many they plan to use.

Basically, what I'm trying to get at is that the higher the number of people likely to see it, the higher your price should be.

Feel totally free -- even obligated -- to ask them how they're going to use it, is my other point.
posted by mudpuppie 15 December | 17:56
Explain that you were there shooting a freelance gig for whatever newspaper and that you'd be happy to work something out for whatever use they envision but that you will need to talk in more detail about what that all entails.

I think that's a nice way to give them an idea of where you stand without being restrictive or insulting them.

You can very clearly explain from there, if needed, that the images were taken specifically for sale and that it would not be fair for you or the initial client if they were distributed without stipulation (whether compensation or rights).

It's good that you have this Executive Director as a contact instead of the random performer that you did before. As I'm sure you know, people who are not -or only tangentially- involved with the photographic industry can be naive and thus jerks about respecting copyright. But potentially you have a great opportunity here.

If they really do just want a copy for their archives (I'm a little suspicious given that initial card you received), then I might give them a couple 8x10s with your information clearly printed on it and a "DO NOT REPRODUCE" note on them and try not to do it on a glossy paper.
posted by pokermonk 15 December | 20:14
Thanks guys! This is why I love MeCha. I never get unhelpful answers.
posted by CitrusFreak12 16 December | 11:53
Haven't the poor people of Iran suffered enough? || What is this song my boyfriend is driving me crazy with?

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