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Client or gift ?


JHAG

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Same old debate.

I've made pictures of a well-renowned Young British Artist.

I agreed to send him one of them as a gift.

Now his British gallery asks if they coud use it in their promotional stuff, with proper ©.

Pondering the fee, though…

Any advice ?

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Hi,

 

Firstly, has the issue of a fee been mentioned at all so far? I ask this because they may well be expecting to get the image for free, and then any amount you ask for will seem excessive!

 

Assuming that they are expecting to have to pay for using the image, then it's really just a matter for you to decide what you want for it - there's no 'standard' pricing, but just base it on the prices you mention in France/Belguim.

 

Given that you already have the image there's no additional cost to you, so if it were me I'd probably ask for something in the region of £250-£500 for their own promotional purposes. Is that in line with what you are thinking?

Edited by earleygallery
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It was your gift to the artist

 

The gallery - which is in the bidniss of making money -  must pay for its use.  Standard rates apply (whatever they are).  This is only reasonable.

 

That would be how I would handle it. 

 

If anyone has access to fotoquote ( http://www.cradocfotosoftware.com/fotoQuote-Pro/ ) that may help figure out what to charge the gallery.

Edited by Carlos Danger
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I agree with the comment above that it was your gift to the artist, but anyone else associated with him trying to use it for business purpose is altogether another story. You may even want to hint that you always expect reasonable compensation for such purposes so they would think twice before sneaking behind your back using your work without paying a penny.

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IMO, Don't ask what their budget is. If they need it, they need it: State your price. It also doesn't come across well if you don't know the value of your work - An experienced copyright/relicense negotiator will smell that a mile off and take advantage of it, but just as bad, it can and sometimes really does come across as you wanting to squeeze every last penny out of them, turning them off you altogether.

 

From much experience, the greatest turn over from relicensing comes when you state the price with confidence. What that value is you, what it is worth to you, what it would cost to have it shot from scratch, time in fetching from archive and needing to perform any adjustments/exporting etc, and of corse depends on the usage.

 

If you haven't heard from them, they don't want to spend money on it. By their opening statement "for the proper ©" is pretty standard statement for "never intended to pay for it". Hey, at least they asked and didn't just take it.

Edited by Paul J
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IMO, Don't ask what their budget is. If they need it, they need it: State your price. It also doesn't come across well if you don't know the value of your work - An experienced copyright/relicense negotiator will smell that a mile off and take advantage of it, but just as bad, it can and sometimes really does come across as you wanting to squeeze every last penny out of them, turning them off you altogether.

 

From much experience, the greatest turn over from relicensing comes when you state the price with confidence. What that value is you, what it is worth to you, what it would cost to have it shot from scratch, time in fetching from archive and needing to perform any adjustments/exporting etc, and of corse depends on the usage.

 

If you haven't heard from them, they don't want to spend money on it. By their opening statement "for the proper ©" is pretty standard statement for "never intended to pay for it". Hey, at least they asked and didn't just take it.

 

I know all of this and my communication with them was :

1. This image is not copyright free

2. My price is 250 £ for a single usage (a promotion leaflet for clients)

3. They never replied

 

What I say is I have no control whatsoever on the usage they could of my pictures without me knowing anything about it.

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