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Author Topic: Contacted by an Istock customer. Price...  (Read 20548 times)

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« on: June 24, 2010, 11:28 »
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I just got a call from a nice lady who wanted to buy a photo of mine from Istock. My bestseller!!  Its available as Rf and Extended but she told me they advised her to contact me directly. 

I told her to email all the details how she will use it and so on, so I could think about it.  waiting for it rigth now..

Its been sold 900 times already, so I doubt she wanna buy the full rights for all times....

Could there be any point in buying it as Rm when its on the micros as extended.

Any advice is welcomed:)

Ill let you know what she says in the email later on...


« Reply #1 on: June 24, 2010, 11:33 »
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Quick answer:  

She says "According to Istock agreement    Prohibited uses: as part of trade-mark, design-mark, trade-name, business name, service mark, or logo.

We would like to use the photo as part of a logo we are designing.


How much is this worth? Do I need to ask how big the company is, and how many broschyres they are planning to use it in and so on?
« Last Edit: June 24, 2010, 11:46 by Magnum »

« Reply #2 on: June 24, 2010, 11:39 »
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This gets complicated because when they trademark the logo, part of the image copyright is being attached to them (I would guess). This renders any other use or sale of the image complicated at best.... I've always wondered how this could be resolved. If this disallows you from selling a best seller, they should buy the rights and it should be expensive, it seems.

« Reply #3 on: June 24, 2010, 11:51 »
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Choose anything between $3000 - $5000 for exclusive usage rights.

Tell them how often the image has already sold so they are well aware of its prior distribution.

Once they agree to pay you that amount look for a lawyer to draw a contract for you.

Only if you decide to sell...

« Reply #4 on: June 24, 2010, 12:10 »
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I'd go even higher, go for low 5 figure rates if you have to take the image off the sites and grant exclusivity.

« Reply #5 on: June 24, 2010, 12:13 »
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They can't use it as a logo.  Period.  There's no way they can register it as a mark if it has been sold RF.

« Reply #6 on: June 24, 2010, 12:17 »
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I'd agree with ppdd above __ it could get really complicated unless they buy the image outright.

Yes, get as much information as you can about the company, their size and how they intend to use the image. The more you know the better your negotiating position.

As far as price is concerned I'd want at least 3-5 years earnings on all sites for any image, preferably more for a best-seller. How unique the image is, whether it could be easily replicated by you or others would also be obvious factors in it's earning potential.

« Reply #7 on: June 24, 2010, 12:26 »
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They can't use it as a logo.  Period.  There's no way they can register it as a mark if it has been sold RF.

Its a wood sign, and they will impose text over it.   Then its like the wood sign was made like that, if thats making any difference.

« Reply #8 on: June 24, 2010, 12:45 »
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Lots of photographer's would handle this issue differently so it's about what's most feasible for you.

First, it's not your problem if they cannot register it as a trade mark or service mark.

If they are willing to pay a price you're asking for then why would you care?

The terms of the agreement are the key. Like I mentioned before: If it works for them, you can remain copyright holder and technically add them to your copyright registration (if you even did that in the first place...?). It should be enough for them to obtain usage rights. Please bear in mind that I have no clue if we're talking about an international corporation that wants the image or some local hardware store.

Secondly, think about asking $49.000 (that's 5 figures right?) because there is a big chance that the potential buyer will tell you to go to hell.

Be realistic. It's one picture. Rarely one picture alone makes any photographer wealthy - as much as we all would like to achieve that...

If you made $5000 out of your image so far and you can get another $5000 in one hit - I'd go for it. That's $10.000 for one image. Only the high rollers in microstock get earnings like these.

Also consider if the local hardware store can even afford $5000 for an image and secondly as much as you would like to help them out, always consider the lowest price you would go for! Don't undersell yourself.

« Reply #9 on: June 24, 2010, 13:09 »
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If they are not asking for the total rights for it, then I don't see a reason why you shouldn't sell them a license. istock's license doesn't allow for logos, etc. but nothing says you can't negotiate that yourself. I would weigh: how big the company is, how many times they will use it, and exactly how they are going to use it. All of those details should be written in a contract. You should get your money from them via paypal or some other secure means before you send them the high res file.

As an example, I sold a part of one of my images to a client privately for $500. It was not used in a logo, though, and the license was only valid for one year. They never asked for exclusivity or the rights and it is still one of my best sellers on all the sites.

Maybe check for a similar image on one of the RM sites and see what the highest price is for usage. Then add some to it because it will be used as a logo.

Just my suggestions.

« Reply #10 on: June 24, 2010, 14:23 »
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That doesn't really sound like a 'logo' then. Probably be ok.  Obviously they aren't concerned with exclusivity.  They just want you to ok their 'logo' where IS won't.  Why would you charge them more than a regular IS sale?  Just call it a $50 or $100 rm license.

« Reply #11 on: June 24, 2010, 14:42 »
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$5000 or $50.    Wich one is it?      I could always try with a high amount and lose it, and I got the same as when I started.  If I go for a low amount Its the same.  The difference is, If they go for it and I get 5000 Id laugh all the way to the bank. If they go for 50 Id say yeeeeeh.

I will suggest something in between and see what they say. I can also offer a customized version since this is a 3d render.
Thats probably the safest version and no copyright hassle  

 Ill keep you updated / Thanks all
« Last Edit: June 24, 2010, 14:44 by Magnum »

ap

« Reply #12 on: June 24, 2010, 15:34 »
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$5000 or $50.    Wich one is it?      I could always try with a high amount and lose it, and I got the same as when I started.  If I go for a low amount Its the same.  The difference is, If they go for it and I get 5000 Id laugh all the way to the bank. If they go for 50 Id say yeeeeeh.

I will suggest something in between and see what they say. I can also offer a customized version since this is a 3d render.
Thats probably the safest version and no copyright hassle  

 Ill keep you updated / Thanks all

nice dilemma!

i'd say if they're istock shoppers, they might go into sticker shock with $5000 and probably expected something on the line of $50. however, since you're doing this privately, you can always justify a higher price with the need to draw up a separate contract. at the same time you can place a lot of restrictions on this logo usage, ie. a time limit with renewal royalty fees, etc. however, if it's an exclusive sale, then sure go for the higher #.

« Reply #13 on: June 24, 2010, 15:39 »
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$5000 or $50.    Wich one is it?      I could always try with a high amount and lose it, and I got the same as when I started.  If I go for a low amount Its the same.  The difference is, If they go for it and I get 5000 Id laugh all the way to the bank. If they go for 50 Id say yeeeeeh.

I will suggest something in between and see what they say. I can also offer a customized version since this is a 3d render.
Thats probably the safest version and no copyright hassle  

 Ill keep you updated / Thanks all

or you could read my post above, go research a similar image on RM stock sites and see what they charge.

Quote
sjlocke said: Why would you charge them more than a regular IS sale?  Just call it a $50 or $100 rm license.

Because magnum posted that they are using it as part of a logo and IS doesn't sell logo licenses. So this license would be special, that's why I think you should charge more. Plus logos are used on everything the company does. jmho, of course.

« Reply #14 on: June 24, 2010, 15:41 »
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$5000 or $50.    Wich one is it?      I could always try with a high amount and lose it, and I got the same as when I started.  If I go for a low amount Its the same.  The difference is, If they go for it and I get 5000 Id laugh all the way to the bank. If they go for 50 Id say yeeeeeh.

I will suggest something in between and see what they say. I can also offer a customized version since this is a 3d render.
Thats probably the safest version and no copyright hassle  

 Ill keep you updated / Thanks all

also consider how long it took you to create the image - if you ask too much, they can probably do better by hiring someone to duplicate your image.

steve

« Reply #15 on: June 24, 2010, 16:20 »
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Because magnum posted that they are using it as part of a logo and IS doesn't sell logo licenses. So this license would be special, that's why I think you should charge more. Plus logos are used on everything the company does. jmho, of course.

Oh come one.  It's text over a wood sign.  That doesn't sound like a particularly world stopping logo.  It sounds like somebody designing with Word or something.  Seriously, why try to rip them off, when you give away every other right (mostly) with the regular RF license.

« Reply #16 on: June 24, 2010, 16:26 »
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also consider how long it took you to create the image - if you ask too much, they can probably do better by hiring someone to duplicate your image.

steve

How long an image took to create is irrelevant when pricing for stock. One has to consider that many images never sell or sell very few times.

« Reply #17 on: June 24, 2010, 16:40 »
+1
Tell them 1 million dollars and one of their kidneys. Then give them my email address to get a cheaper quote.  ;D

« Reply #18 on: June 24, 2010, 16:42 »
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Quote
sjlocke:
Oh come one.  It's text over a wood sign.  That doesn't sound like a particularly world stopping logo.  It sounds like somebody designing with Word or something.  Seriously, why try to rip them off, when you give away every other right (mostly) with the regular RF license.

Quick answer:  
She says "According to Istock agreement    Prohibited uses: as part of trade-mark, design-mark, trade-name, business name, service mark, or logo.
We would like to use the photo as part of a logo we are designing.

How much is this worth? Do I need to ask how big the company is, and how many broschyres they are planning to use it in and so on?

Maybe a wood sign now, but I take that to mean it's their logo on the wood sign. What about business cards? What about everything else they use a logo for? I don't appreciate your insinuating that my advice would be "ripping them off". Neither one of us has all the information, only what magnum has said so far. You don't know any more than I do. You don't know they are designing in Word. That's pretty presumptuous.

So don't take that uppity tone with me, mister!  :D  You remind me of Andy Rooney.  ;)

« Reply #19 on: June 24, 2010, 17:10 »
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Don't forget to charge them at least 5 times what you would make through an IS sale (adjust accordingly if you are exclusive).

donding

  • Think before you speak
« Reply #20 on: June 24, 2010, 17:18 »
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This might help you. At least it'll give you an idea what to charge them. You need to find out what the usage will be.

http://www.photographersindex.com/stockprice.htm

WarrenPrice

« Reply #21 on: June 24, 2010, 17:25 »
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Magnum, aren't you glad you asked?   :P

« Reply #22 on: June 24, 2010, 17:28 »
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The heat is on... Im really glad I asked

They seems to accept a Rm for $2000 but they want it out of the circulation and asked how much that would be. Alot more I said, will have to check my statistics...
They are possibly intrested in a custom work for $2000. 

Theyre having a deadline on tuseday, so Im kind of in a nice position here:)

Im glad it isnt april 1:st today...

Like Sean said Its a simple woodsign  :o

« Reply #23 on: June 24, 2010, 17:36 »
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Well, you can't take it out of circulation, since you've already sold it.

If they're willing to pay 2 grand for a ( photo or illustration ?) you lucked out.

« Reply #24 on: June 24, 2010, 17:52 »
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Well, you can't take it out of circulation, since you've already sold it.

If they're willing to pay 2 grand for a ( photo or illustration ?) you lucked out.

Yeah, really. If I had more clients like that, I'd spend a lot less time working on stock. Most people that contact me don't even want to pay 2k for a children's book.


 

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