Author Topic: I've been asked for commercial use on editorial images (Read 7392 times)

riffmax · « **on:** November 26, 2013, 19:09 »

I've asked this at ss also, but thought I might get some additional input here.

I've got a series of editorial images that an advertising agency has contacted me about purchasing them for commercial use of the images. They want unlimited use.

I'd like to try to make it work, but I've got some hoops to clear first.

The photos are from an equestrian competition. I had permission from the OP to shoot there as long as I didn't solicit the competitors. Should I go through her first about getting releases from the competitors for commercial use? Would that be a professional courtesy, or not necessary at all?

Should I ask the agency to chase the competitors for releases, or do I need to do that myself?

I have asked if they want exclusivity- if they do, how do I price that?

ShadySue · « **Reply #1 on:** November 26, 2013, 19:18 »

IMO, as you had an arrangement, you need to honour the agreement you made.
What if (some of) the competitors won't sign? At least it's only (presumably?) one product (or maybe unlimited implies that it isn't?) so you could explain to them exactly how their images would be used.
What if they demand high compensation before signing ($$$, not just 'some nice prints' or a token amount)?
Be certain that there isn't any sort of costume, badging, signage, logos, equipment, etc. which would require property releases.
Great that you got positioning which excluded all the spectators and officials - wow!!!
Good luck and let us know how it goes!

riffmax · « **Reply #2 on:** November 26, 2013, 19:48 »

Thanks for the input. At ss, it's being suggested that I let the agency handle the OP and the releases.

Since I want to protect what I feel is a good relationship with the OP, I'm thinking that it would be a good idea to contact her first - even if I decide to let the agency get the permissions and releases, so that she appreciates I'm trying to do what's right. Is that what you're saying?

Jo Ann Snover · « **Reply #3 on:** November 26, 2013, 20:04 »

I think that I'd be pretty miffed if I was chased up (regardless of by whom) to ask for a model release when I thought I was entering an event. I think I'd also be pretty taken aback to get a call from an ad agency (how did they get my information?).

And if I were the organizer who asked you not to solicit the competitors, I'd think that asking them for model releases was soliciting them, so i think it's more than a courtesy to ask the organizer.

I get the temptation to be able to make this sale, but this is a big ask given that you shot this as editorial and be prepared to take no for an answer if the organizer tells you they're not OK with it.

ShadySue · « **Reply #4 on:** November 26, 2013, 20:11 »

Quote from: riffmax on November 26, 2013, 19:48

Thanks for the input. At ss, it's being suggested that I let the agency handle the OP and the releases.

Since I want to protect what I feel is a good relationship with the OP, I'm thinking that it would be a good idea to contact her first - even if I decide to let the agency get the permissions and releases, so that she appreciates I'm trying to do what's right. Is that what you're saying?

IMO, you have to contact her first - you had an agreement, and it could backfire very nastily on you if you don't.

After I wrote the above, I looked at what you posted in the SS forums, and you'd probably have to take out the two signs and maybe there was a logo or something on the horse's blanket, and that was without zooming in. With small things, I think the micros are over-cautious, but again it depends on your country. In the UK, the actual law is that PRs are not needed if the logo/whatever is small and obviously incidental to the image, but presumably the same is not true elsewhere or there wouldn't be all the nitpicking.

I also agree totally with what Jo Ann said, and now that I know that this was a high-level competition, you'll have your work even more cut out than when I thought it was a local event. (The competitor may have conflicting sponsorship, for example; or they may have no need for whatever money you're prepared to offer them).

riffmax · « **Reply #5 on:** November 26, 2013, 20:26 »

Both points well taken and actually along the lines of what I pretty much thought. I could basically ruin my reputation by even attempting to get this through, huh?

Jo Ann Snover · « **Reply #6 on:** November 26, 2013, 20:35 »

Quote from: riffmax on November 26, 2013, 20:26

Both points well taken and actually along the lines of what I pretty much thought. I could basically ruin my reputation by even attempting to get this through, huh?

That's the risk, but if you approached with a "I completely understand if you're not OK with this, but I thought I'd just ask..." you might be able to feel the organizer out to see how firm the "no" was without coming off badly

riffmax · « **Reply #7 on:** November 26, 2013, 20:45 »

OK - thanks.

KimC · « **Reply #8 on:** January 19, 2022, 03:06 »

Some agencies have the option to issue commercial licences on editorial images. Let them hanlde it. The customers that try to arganize something with the photographer directly, are ost likely looking for a scapegoat to take the trouble if thy come.