Author Topic: Buyer asks to purchase exclusive rights to an image (Read 7344 times)

erictretusen · « **on:** November 29, 2010, 13:49 »

I was recently approached by a buyer who wants to buy exclusive rights to one of my images. Can I sell them one of my images and deactivate it on iStock - or should I suggest to create a new image in the same style for them (and possibly deactivate the one they originally wanted)?

I am looking for info on what I am contractually allowed to do, and also pricing suggestions for selling full exclusive rights. To make a new version would probably take me half a day or so.

Any information appreciated!

Sean Locke Photography · « **Reply #1 on:** November 29, 2010, 14:06 »

Obviously, if you've sold it prior, you can't grant exclusive rights.

You can either tell them you'll deactivate it with no sales in the future, or make a new one.

madelaide · « **Reply #2 on:** November 29, 2010, 14:16 »

sjlocke,

If license terms between buyer and seller clearly indicate that the seller can not guarantee the image will not appear somewhere due to previous sales, he may however declare he won't sell it anymore. I agree that exclusive rights of images sold before, especially as RF, doesn't make much sense, but if the buyer wants it...

I don't think IS has any restriction in deactivating.

Also the image should be deactivated from other sites, if not exclusive to IS.

erictretusen · « **Reply #3 on:** November 29, 2010, 14:26 »

The buyer is fine with the image having been sold a few times in the past.

So, I would not be in breach of contract with iStock if I deactivate and sell it?

Also they intend to use the image as part of a logotype. Do you have any suggestions on what market prices for this sort of thing would be?

ShadySue · « **Reply #4 on:** November 29, 2010, 14:33 »

Quote from: erictretusen on November 29, 2010, 14:26

So, I would not be in breach of contract with iStock if I deactivate and sell it?

No.

sharpshot · « **Reply #5 on:** November 29, 2010, 16:23 »

Quote from: erictretusen on November 29, 2010, 14:26

...Do you have any suggestions on what market prices for this sort of thing would be?

On DT the recommended price is $250 but if it's a big company and the image is something unusual and what they really need, I would be tempted to ask for more. Better to ask for too much and have to drop the price than lose out. I can't remember the most DT sold one for but I think it was something like $7,000. Alamy have sold some for around $30,000 but I think they might of been RM. Obviously that doesn't happen too often but it's worth getting as much as you can.

Sean Locke Photography · « **Reply #6 on:** November 29, 2010, 16:32 »

Who was it here recently that got $2000 for a picture of a sign or something?

molka · « **Reply #7 on:** November 29, 2010, 16:55 »

As single minded as these ppl tend to be when they got their sight on smthng they like, if you reshoot the thing, they are likely to say, 'nah, we want THAT ONE'. Hard to say tho, if it's some simple object shot, reshooting might work.

ThomasAmby · « **Reply #8 on:** November 29, 2010, 17:49 »

By default I used to set my prices at DT for an SR-EL license to $4000-$5000. I don't know which of my images are going to sell well so I don't know their worth, but in any case I would rather miss out on a sale than sell myself short, so that's what I went for. If I were to get 100% commission I would probably go with $2000 or $2500 depending on the image and the usage, but I took into account the fact that DT would be getting half of the sale. Recently I opted out all of my images for that license though.

$250, being the default price for an SR-EL at DT, is way too cheap for exclusive rights. In my opinion.

Magnum · « **Reply #9 on:** November 29, 2010, 18:05 »

Quote from: sjlocke on November 29, 2010, 16:32

Who was it here recently that got $2000 for a picture of a sign or something?

That was me:) I made a customized version of an existing image and sold it for $2000. Also part of a logo. There was no need to deactivate the first image.

gvictoria · « **Reply #10 on:** November 29, 2010, 20:26 »

Just be careful you don't spend that money right away if they give you a large sum. That happened to me at DT and the customer 1 month later got a refund. I was not a happy camper, and am not selling the rights to my images any more.

cathyslife · « **Reply #11 on:** November 29, 2010, 20:43 »

Quote from: gvictoria on November 29, 2010, 20:26

Just be careful you don't spend that money right away if they give you a large sum. That happened to me at DT and the customer 1 month later got a refund. I was not a happy camper, and am not selling the rights to my images any more.

Maybe refunds should be addressed in the OPs contract.

I know you couldn't do that gvictoria. I can see why you feel that way.

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Author Topic: Buyer asks to purchase exclusive rights to an image (Read 7344 times)

erictretusen

Sean Locke Photography

madelaide

erictretusen

ShadySue

sharpshot

Sean Locke Photography

molka

ThomasAmby

Magnum

gvictoria

cathyslife

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