MicrostockGroup Sponsors


Author Topic: Contacted by an Istock customer. Price...  (Read 20387 times)

0 Members and 1 Guest are viewing this topic.

« on: June 24, 2010, 11:28 »
0
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 »
0
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 »
0
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 »
0
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 »
0
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 »
0
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 »
0
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 »
0
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 »
0
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 »
0
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 »
0
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 »
0
$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 »
0
$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 »
0
$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 »
0
$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 »
0
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 »
0

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 »
0
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 »
0
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 »
0
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 »
0
Magnum, aren't you glad you asked?   :P

« Reply #22 on: June 24, 2010, 17:28 »
0
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 »
0
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 »
0
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.

« Reply #25 on: June 24, 2010, 19:10 »
0
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.

I don't see why you can't do a "From this day forward..." deal.

donding

  • Think before you speak
« Reply #26 on: June 24, 2010, 19:42 »
0
I would think they would already know it's been sold since it is on a stock site and that's what they do...sell photos. I sold a shot to a paint company for a three year contract and was able to continue to sell the photo...just not to another paint company. I got 1800.00 for it and they never even used it.

« Reply #27 on: June 25, 2010, 00:56 »
0
Yeah, these high prices seems pretty common in macro.   Who want some cheap stuff ;)

About contract? Is there an easy way to get one?  I dont wanna spend $1995 on a lawyer.

Whatabout an email where I tell them they cannot resell it or use it for anything else they told me, that they agree to.

« Reply #28 on: June 25, 2010, 01:12 »
0
About contract? Is there an easy way to get one?  I dont wanna spend $1995 on a lawyer.

Try Ellen Boughn. She has links to specialized legal resources, or she can help you out with a standardized contract.
http://www.ellenboughn.com/resources

« Reply #29 on: June 25, 2010, 01:56 »
0
About contract? Is there an easy way to get one?  I dont wanna spend $1995 on a lawyer.

Try Ellen Boughn. She has links to specialized legal resources, or she can help you out with a standardized contract.
http://www.ellenboughn.com/resources


Thanks, Ill check it out.

« Reply #30 on: June 25, 2010, 06:04 »
0
Or just google photographers contract. That might get you started with the basic language, and you can add in your specific terms for your deal. You don't need to go to a lawyer. If you can't find anything, sitemail me here and I might be able to send you the Word doc I used.

« Reply #31 on: June 25, 2010, 06:11 »
0
Magnum, aren't you glad you asked?   :P

I hope Sean knows I was just having fun with him.

« Reply #32 on: June 25, 2010, 07:24 »
0
... I hope Sean knows I was just having fun with him.

No, he is very mad at you right now. But it's ok he will cool off and eventually post again ignoring this thread.  ;)

Since we have more information now about this situation just think if the price they could afford is worth your (and their) time.

In the best case scenario offer them a work for hire price and render a new slightly different version and you're good to go.

« Reply #33 on: June 25, 2010, 07:30 »
0
Yeah, these high prices seems pretty common in macro.   Who want some cheap stuff ;)

About contract? Is there an easy way to get one?  I dont wanna spend $1995 on a lawyer.

I just write up these kind of things myself.  Just common sense wording, covering all the bases.

... and that's the way it was.

PaulieWalnuts

  • We Have Exciting News For You
« Reply #34 on: June 25, 2010, 07:54 »
0
Yeah, these high prices seems pretty common in macro.   Who want some cheap stuff ;)

About contract? Is there an easy way to get one?  I dont wanna spend $1995 on a lawyer.

Whatabout an email where I tell them they cannot resell it or use it for anything else they told me, that they agree to.


You may want to check with Carolyn Wright http://www.photoattorney.com/ and see what the fee would be to draft an agreement.

This situation seems a bit funky. I'm sure the people here have good intent with giving legal advice but I'd contact a lawyer.

« Reply #35 on: June 25, 2010, 08:05 »
0
No, he is very mad at you right now. But it's ok he will cool off and eventually post again ignoring this thread.  ;)

Sarcasm duly noted...

lisafx

« Reply #36 on: June 25, 2010, 08:26 »
0
Well, I haven't been in this situation myself.  Any time I have quoted over a grand for exclusive rights that has been the end of the discussion ;D

Just wanted to say congratulations Magnum!  And thanks for starting this thread.  It may come in handy for lots of us if we are ever in a similar situation.

« Reply #37 on: June 25, 2010, 08:44 »
0
Well, I haven't been in this situation myself.  Any time I have quoted over a grand for exclusive rights that has been the end of the discussion ;D ...

I think it's also a bit of the Microstock problem. Once many buyers see that they can get an image for $5-$15 in larger, useful resolutions they wonder why one would ask for $2000 for exclusive rights. They might think, well I can give you $250 but that's it. How could the buyer know that a good image in Microstock can earn thousands over its lifetime?

I think it's a mixture of luck and dealing with a knowledgeable buyer who actually understands what you are saying/quoting. All other "buyers" just believe that an image is simply not worth much.

lisafx

« Reply #38 on: June 25, 2010, 08:46 »
0
I think it's also a bit of the Microstock problem. Once many buyers see that they can get an image for $5-$15 in larger, useful resolutions they wonder why one would ask for $2000 for exclusive rights. They might think, well I can give you $250 but that's it. How could the buyer know that a good image in Microstock can earn thousands over its lifetime?


I completely agree.  In fact, you are practically quoting what some of them have told me, verbatim.  Have you hacked my e-mail account Click?  ;D

« Reply #39 on: June 25, 2010, 09:20 »
0
I think it's also a bit of the Microstock problem. Once many buyers see that they can get an image for $5-$15 in larger, useful resolutions they wonder why one would ask for $2000 for exclusive rights. They might think, well I can give you $250 but that's it. How could the buyer know that a good image in Microstock can earn thousands over its lifetime?


I completely agree.  In fact, you are practically quoting what some of them have told me, verbatim.  Have you hacked my e-mail account Click?  ;D

BUSTED! Well, I think by now many of us got the hang of this thing called Microstock and in fact I also think we're already a little late still contributing to this sinking ship.

While Sean correctly (IMO) mentioned that as long as his earnings remain stable or are increasing he is not concerned, I'm on the same track. However, to me it appears that at some point the efforts won't justify the return at some point. But now I'm hijacking this thread again.

ap

« Reply #40 on: June 25, 2010, 14:24 »
0
i wonder if magnum is in the enviable situation he's in because the company needs it for their logo. as we know, logo designs themselves are much more expensive products than either photos or illustrations. also, a company's logo design goes to the heart of their daily representation to the world and can't be easily replaced with a similar.

it would be great to create some collective wisdom here for it would help immensely with any future negotiations for similar situations. for instance, a midsized private company was more skittish about price for a promo calendar...

so, come out with your own past or future experiences. magnum has led the way! :)

« Reply #41 on: June 25, 2010, 15:47 »
0
I thought these things happend every day.  Apparently not:)

It seems I will get $2000 for a customized wood sign similar to the Istock photo. They will get full right to it, exept to resell it as a photo. 
I hope Cclapper got a word doc that I can make some changes to and Im ready to proceed.  I feel no need to make it any harder.

They can use the photo for all eternity and Im happy with it. What could happen?  I mean we sell photos for .25 that all ends up on heroturk. Can it be worse?

Thanks for all help :)

donding

  • Think before you speak
« Reply #42 on: June 25, 2010, 15:53 »
0
I thought these things happend every day.  Apparently not:)

It seems I will get $2000 for a customized wood sign similar to the Istock photo. They will get full right to it, exept to resell it as a photo. 
I hope Cclapper got a word doc that I can make some changes to and Im ready to proceed.  I feel no need to make it any harder.

They can use the photo for all eternity and Im happy with it. What could happen?  I mean we sell photos for .25 that all ends up on heroturk. Can it be worse?

Thanks for all help :)

Make sure you get your money before sending them the full res version. Sometimes it's hard to get them to pay up after the fact. Keep that in mind.

« Reply #43 on: June 25, 2010, 16:07 »
0
Definitely money first...

How fast is paypal?  They need it by tuesday.   Im gonna present a low res on sunday/monday.

Or they mail me a receipt that the money is on the way??

I suck at this. I should make woodsigns instead :-[

donding

  • Think before you speak
« Reply #44 on: June 25, 2010, 16:13 »
0
Attach the low res with the invoice for their approval. if they don't like it then they don't have to pay the invoice. You might want to put somekind of watermark on the low res. I assume you have a paypal account. It shouldn't take anymore than 24 hours for it to clear unless there are certain circumstances. Once payment is received by paypal you should get an e-mail from them showing that the money went into your paypal account.

« Reply #45 on: June 25, 2010, 16:22 »
0
Attach the low res with the invoice for their approval. if they don't like it then they don't have to pay the invoice. You might want to put somekind of watermark on the low res. I assume you have a paypal account. It shouldn't take anymore than 24 hours for it to clear unless there are certain circumstances. Once payment is received by paypal you should get an e-mail from them showing that the money went into your paypal account.

Good idea, and I guess I can have the contract on the invoice as well. If they pay they agree to it?

Would this be ok?

donding

  • Think before you speak
« Reply #46 on: June 25, 2010, 16:32 »
0
Yes the contract and invoice would be all in one. Basically the contract is going to state that the usage is "this" for "this" amount and what the restrictin's are and by paying the invoice they agree to these terms, then have them mail you a signed copy or use a digital signature. You'd include the paypal information with the e-mail. If I was where I had access to my invoices I'd send you a copy so you'd have an idea what to put in the contract. Did you get one from CClapper? I'll have access to it later this evening if you need one.

« Reply #47 on: June 25, 2010, 16:34 »
0
You should be able to send the buyer an invoice/payment request via Paypal to their email account along with the contract and a watermarked preview image.

If the buyer pays straight with their credit card you should receive payment instantly. If the buyer has a Paypal account and has to transfer the funds from their bank account to Paypal first that could take a few days.

Instead I would offer a %5 discount if they pay you in cash. As you're still paying fees etc. for Paypal they might as well pay you in cash.
Money talks, bullcrap walks  ;D

« Reply #48 on: June 25, 2010, 16:47 »
0
Good info friends. Much appreciated:)  Still waiting ( an hour, come on...;) ) for CClappers free doc

Need to sleep now, Its midnight here.

Se ya tomorrow

donding

  • Think before you speak
« Reply #49 on: June 25, 2010, 17:06 »
0
I sent you a PM

« Reply #50 on: June 25, 2010, 17:10 »
0
Congrats!

« Reply #51 on: June 25, 2010, 17:15 »
0
Hi Magnum,

 That was very well handled. Others on this site would have thrown a lot of money away with their philosophy, Bravo for playing the game so well.

Best,
Jonathan

« Reply #52 on: June 25, 2010, 17:46 »
0
... na
« Last Edit: June 25, 2010, 17:53 by cascoly »

« Reply #53 on: June 25, 2010, 18:50 »
0
Hi Magnum,

 That was very well handled. Others on this site would have thrown a lot of money away with their philosophy, Bravo for playing the game so well.

Best,
Jonathan

Are you sure?  Maybe he should have asked for $10000!

« Reply #54 on: June 25, 2010, 19:23 »
0
Are there any posts missing? For how much is it selling now? I don't get it!

Jonathan, what was handled really well? I'm not sure if Magnum came to a conclusion of what exactly to do.

I wish Magnum the best and hopefully we hear back about what happened.

« Reply #55 on: June 25, 2010, 20:06 »
0
Are there any posts missing? For how much is it selling now? I don't get it!

I think this is the answer:

It seems I will get $2000 for a customized wood sign similar to the Istock photo. They will get full right to it, exept to resell it as a photo. 

« Reply #56 on: June 25, 2010, 20:29 »
0
Are there any posts missing? For how much is it selling now? I don't get it!

I think this is the answer:

It seems I will get $2000 for a customized wood sign similar to the Istock photo. They will get full right to it, exept to resell it as a photo. 

Thanks for that. That is a nice deal. Hopefully everything goes smooth sailing from here.  8)

« Reply #57 on: June 25, 2010, 22:27 »
0
Need to sleep now, Its midnight here. Se ya tomorrow
Can't sleep. I'm off to the DIY store to find some wood planks, then make signs and shoot them. I want your kind of "problems" too  ;D

« Reply #58 on: June 26, 2010, 04:10 »
0
I thought these things happend every day.  Apparently not:)

It seems I will get $2000 for a customized wood sign similar to the Istock photo. They will get full right to it, exept to resell it as a photo. 
I hope Cclapper got a word doc that I can make some changes to and Im ready to proceed.  I feel no need to make it any harder.

They can use the photo for all eternity and Im happy with it. What could happen?  I mean we sell photos for .25 that all ends up on heroturk. Can it be worse?

Thanks for all help :)

Make sure you get your money before sending them the full res version. Sometimes it's hard to get them to pay up after the fact. Keep that in mind.

This relates to what is call the call girl principle which states that the value of a service declines after that service has been performed.

vonkara

« Reply #59 on: June 26, 2010, 04:14 »
0
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.

One buyer contacted me lately. They asked for a bigger resolution of medals with ribbons collage isolated on white, that I downsized on Istock. I finally uploaded the full resolution ribbon for them and linked the medal set image. I hope they have fun merging them together

« Reply #60 on: June 26, 2010, 05:01 »
0
I thought these things happend every day.  Apparently not:)

It seems I will get $2000 for a customized wood sign similar to the Istock photo. They will get full right to it, exept to resell it as a photo. 
I hope Cclapper got a word doc that I can make some changes to and Im ready to proceed.  I feel no need to make it any harder.

They can use the photo for all eternity and Im happy with it. What could happen?  I mean we sell photos for .25 that all ends up on heroturk. Can it be worse?

Thanks for all help :)



Make sure you get your money before sending them the full res version. Sometimes it's hard to get them to pay up after the fact. Keep that in mind.

This relates to what is call the call girl principle which states that the value of a service declines after that service has been performed.

Haha, Yeah sometimes (mostly men) does things they regret exactly the same second theyre ready. Its like 99% of their brain all of a sudden returns and realizes:  What was that good for... ??? 

Hopefully since this is gonna be their company logo, they wont regret it in a rush

« Reply #61 on: June 26, 2010, 05:04 »
0
Thanks to all congrats:)

I really hope nothing negative happens from now on...

« Reply #62 on: June 26, 2010, 07:11 »
0
I sent you a sitemail here. Found the Word doc and can email to you. You will have to do some customizing, as my contract was not for transferring copyright.

« Reply #63 on: June 26, 2010, 07:15 »
0
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.

They can USE it as they wish. Even as a logo. BUT they can not REGISTER it..

« Reply #64 on: June 26, 2010, 07:31 »
0
I sent you a sitemail here. Found the Word doc and can email to you. You will have to do some customizing, as my contract was not for transferring copyright.

Oh, thanks.   Well Im not planning to transfer copyright.   They are only gonna get full rights to it.

Thanks again for the doc.

I actually got a few now from nice members. Well see wich one I use :)

« Reply #65 on: June 26, 2010, 08:05 »
0
I sent you a sitemail here. Found the Word doc and can email to you. You will have to do some customizing, as my contract was not for transferring copyright.

Oh, thanks.   Well Im not planning to transfer copyright.   They are only gonna get full rights to it.

Thanks again for the doc.

I actually got a few now from nice members. Well see wich one I use :)

OK. I spoke to someone one time who meant copyright transfer when they said full rights, so it is good to clarify.
« Last Edit: June 26, 2010, 08:19 by cclapper »

« Reply #66 on: June 27, 2010, 09:07 »
0
Hi Magnum,

 That was very well handled. Others on this site would have thrown a lot of money away with their philosophy, Bravo for playing the game so well.

Best,
Jonathan

Thank you:) 

« Reply #67 on: June 27, 2010, 09:59 »
0
I sent you a sitemail here. Found the Word doc and can email to you. You will have to do some customizing, as my contract was not for transferring copyright.

Oh, thanks.   Well Im not planning to transfer copyright.   They are only gonna get full rights to it.

Thanks again for the doc.

I actually got
 a few now from nice members. Well see wich one I use :)

At some level it amounts to the same thing as far as future earnings go. Is that full rights for ever?

« Reply #68 on: June 27, 2010, 13:12 »
0
I sent you a sitemail here. Found the Word doc and can email to you. You will have to do some customizing, as my contract was not for transferring copyright.

Oh, thanks.   Well Im not planning to transfer copyright.   They are only gonna get full rights to it.

Thanks again for the doc.

I actually got
 a few now from nice members. Well see wich one I use :)

At some level it amounts to the same thing as far as future earnings go. Is that full rights for ever?

It is full rights forever, yes.   And I might have earned more in microstock over a few years, but it could also be nothing.  Who knows??
But I have enough similar images uploaded already, so this is nothing to think about...

« Reply #69 on: June 30, 2010, 11:33 »
0
Deal closed now and money on the bank.  I took bits and pieces from the contracts I got from friends here and some I found out myself.   Tiny easy to read contract. Customer must be pleased to not get a giant contract.

So much for that though...They send ME a two pages contract with amounts of $1000000 here and there. working conditions bla bla.  I breathed heavy one time and signed it :-[ USA...

Really glad for the sale though:)
« Last Edit: June 30, 2010, 12:52 by Magnum »

« Reply #70 on: June 30, 2010, 11:52 »
0
Deal closed now and money on the bank.  I took bits and pieces from the contracts I got from friends here and some I found out myself.   Tiny easy to read contract. Customer must be pleased to not get a giant contract.

So much for that though...They send ME a two pages contract with amounts of $1000000 here and there. working conditions bla bla.  I breathed heavy one time and signed it :-[ USA...
I obviously haven't seen the contract etc but be warned sometimes you get ahead by not making a sale.

« Reply #71 on: June 30, 2010, 12:54 »
0
Deal closed now and money on the bank.  I took bits and pieces from the contracts I got from friends here and some I found out myself.   Tiny easy to read contract. Customer must be pleased to not get a giant contract.

So much for that though...They send ME a two pages contract with amounts of $1000000 here and there. working conditions bla bla.  I breathed heavy one time and signed it :-[ USA...
I obviously haven't seen the contract etc but be warned sometimes you get ahead by not making a sale.

Not ?  Ive got the money already, Or what do you mean?

lisafx

« Reply #72 on: June 30, 2010, 13:00 »
0

So much for that though...They send ME a two pages contract with amounts of $1000000 here and there. working conditions bla bla.  I breathed heavy one time and signed it :-[ USA...


Congrats on the sale Magnum :)

Am I reading correctly?  Does it say $1 million above? 

« Reply #73 on: June 30, 2010, 13:05 »
0
Deal closed now and money on the bank.  I took bits and pieces from the contracts I got from friends here and some I found out myself.   Tiny easy to read contract. Customer must be pleased to not get a giant contract.

So much for that though...They send ME a two pages contract with amounts of $1000000 here and there. working conditions bla bla.  I breathed heavy one time and signed it :-[ USA...
I obviously haven't seen the contract etc but be warned sometimes you get ahead by not making a sale.

Not ?  Ive got the money already, Or what do you mean?

Big long contracts that someone else writes with expensive clauses in them are too scary for me. Especially if you see things where they transfer liability etc onto you. Again I haven't seen the contract so obviously shouldn't speculate but have heard enough things about those types of contracts; if it is indeed such a thing. Which of course it may not be. Congrats on the good sale by the way.

« Reply #74 on: June 30, 2010, 13:27 »
0
Deal closed now and money on the bank.  I took bits and pieces from the contracts I got from friends here and some I found out myself.   Tiny easy to read contract. Customer must be pleased to not get a giant contract.

So much for that though...They send ME a two pages contract with amounts of $1000000 here and there. working conditions bla bla.  I breathed heavy one time and signed it :-[ USA...

Really glad for the sale though:)


Did you make a deal with the devil?  ;)

donding

  • Think before you speak
« Reply #75 on: June 30, 2010, 13:31 »
0
Deal closed now and money on the bank.  I took bits and pieces from the contracts I got from friends here and some I found out myself.   Tiny easy to read contract. Customer must be pleased to not get a giant contract.

So much for that though...They send ME a two pages contract with amounts of $1000000 here and there. working conditions bla bla.  I breathed heavy one time and signed it :-[ USA...

Really glad for the sale though:)

Congrats....glad to see you got it done and over with...but what is the $1000000 about??

« Reply #76 on: June 30, 2010, 15:41 »
0
Thats a from paragraph in the contract about me having insurances about damages that may occur while working for them, or something.   


If I edit a photo for them, and fall back on my chair crushing a shoulder as an example, I need insurance against bodily injuries and property damage covering no less than $2000000 in a combined single limit.

Thats not possible to get in Sweden:)

Ofcourse Ive got insurances, but would never get new ones for a single job...

I guess I got the American version of the contract:)

« Reply #77 on: June 30, 2010, 15:41 »
0
Congrats on the sale. Wish you many more.

donding

  • Think before you speak
« Reply #78 on: June 30, 2010, 16:42 »
0
With a contract like that, it sure sounds like they've dealt with purchases before.....heh maybe you need to move to the US so you can fall out of your chair and make more money from the injury than you would ever make from microstock in all your life.....  :D :D :D

« Reply #79 on: July 01, 2010, 10:45 »
0
Ha ha,  There must be people trying things like that all days in the Us.     

« Reply #80 on: July 01, 2010, 14:56 »
0
Thats a from paragraph in the contract about me having insurances about damages that may occur while working for them, or something.   


If I edit a photo for them, and fall back on my chair crushing a shoulder as an example, I need insurance against bodily injuries and property damage covering no less than $2000000 in a combined single limit.

Thats not possible to get in Sweden:)

Ofcourse Ive got insurances, but would never get new ones for a single job...

I guess I got the American version of the contract:)

I'm not sure what version you got LMAO !!!! ... It sounds pretty stupid. When you go get a haircut is the stylist required by you to carry $2 mill in insurance in case they snip their finger while cutting your hair? If I go to the store and the bagger pulls a muscle lifting my case of bottled water can they sue me for millions? LOL But hey their bad business paid off for you. :D Congrats on the deal !!! :D

« Reply #81 on: July 01, 2010, 15:51 »
0
I'm not sure what version you got LMAO !!!! ... It sounds pretty stupid. When you go get a haircut is the stylist required by you to carry $2 mill in insurance in case they snip their finger while cutting your hair? If I go to the store and the bagger pulls a muscle lifting my case of bottled water can they sue me for millions? LOL But hey their bad business paid off for you. :D Congrats on the deal !!! :D

Ditto on the congrats. And I had the same thoughts as Randy. You aren't employed by them, you are a contractor. If you fall off your chair in your office, your insurance or you will pay for the injuries/damages. I suppose there are some who would try to sue the company they happened to be doing work for while in that chair, but I'm sure thinking it wouldn't fly even in a court of law. But hey, a woman sued McDonalds because she spilled hot coffee on herself, scalded herself, and won (claiming the coffee was too hot). So....

« Reply #82 on: July 01, 2010, 16:49 »
0
I'm not sure what version you got LMAO !!!! ... It sounds pretty stupid. When you go get a haircut is the stylist required by you to carry $2 mill in insurance in case they snip their finger while cutting your hair? If I go to the store and the bagger pulls a muscle lifting my case of bottled water can they sue me for millions? LOL But hey their bad business paid off for you. :D Congrats on the deal !!! :D

Ditto on the congrats. And I had the same thoughts as Randy. You aren't employed by them, you are a contractor. If you fall off your chair in your office, your insurance or you will pay for the injuries/damages. I suppose there are some who would try to sue the company they happened to be doing work for while in that chair, but I'm sure thinking it wouldn't fly even in a court of law. But hey, a woman sued McDonalds because she spilled hot coffee on herself, scalded herself, and won (claiming the coffee was too hot). So....

LOL yeah .. Gee your honor I never would have guessed that the hot coffee would be served hot.  :P

donding

  • Think before you speak
« Reply #83 on: July 02, 2010, 09:03 »
0
I'm not sure what version you got LMAO !!!! ... It sounds pretty stupid. When you go get a haircut is the stylist required by you to carry $2 mill in insurance in case they snip their finger while cutting your hair? If I go to the store and the bagger pulls a muscle lifting my case of bottled water can they sue me for millions? LOL But hey their bad business paid off for you. :D Congrats on the deal !!! :D

Ditto on the congrats. And I had the same thoughts as Randy. You aren't employed by them, you are a contractor. If you fall off your chair in your office, your insurance or you will pay for the injuries/damages. I suppose there are some who would try to sue the company they happened to be doing work for while in that chair, but I'm sure thinking it wouldn't fly even in a court of law. But hey, a woman sued McDonalds because she spilled hot coffee on herself, scalded herself, and won (claiming the coffee was too hot). So....

LOL yeah .. Gee your honor I never would have guessed that the hot coffee would be served hot.  :P

LOL...maybe we're all in the wrong type of business!!!!!

« Reply #84 on: July 02, 2010, 15:59 »
0
I guess you are a member of Frskringskassan (national insurance)? That is usually good enough for all such purposes.

« Reply #85 on: July 03, 2010, 04:01 »
0
Yepp, I am, since Im a Swedish citizen.  Im not sure it helps a business in problem though. (Not that this is a problem)
« Last Edit: July 03, 2010, 04:06 by Magnum »

« Reply #86 on: July 03, 2010, 11:34 »
0
Congrats Magnum on the sale, this thread was really a fun read especially with all the back and forth.

I think the insurance thing is fairly normal.  I have photo business insurance and it covers me for stuff like that.  I think it typically is when you are working in their area or whatever but along the same lines. 

Will you be able to reference them as a client?  That might be useful to depending on what they do.

Congratulations again though!

Duane...

« Reply #87 on: July 03, 2010, 15:40 »
0
Thanks Duane!  I had great fun along the way:)

 I think its a big clothing company, but I will dig into that later and see if I can find my image.    References is always good...

« Reply #88 on: July 08, 2010, 11:03 »
0
Hi Magnum,

 One more time congrats for playing the game so well. It seems some people here don't aren't clear when it comes to stock sales negotiations. Most would have been happy with 10 dollars but not you : ) Maybe some people will learn what can be made from stock if they follow your lead. Bravo.

Jonathan

« Reply #89 on: July 08, 2010, 21:38 »
0
Hmmm
I try to track this post from the beginning but dont dig up what is end of story?
Did you earn 2.000 or 1.000.000 bucks?
Did you sell them copyright or full owner???

« Reply #90 on: July 09, 2010, 01:13 »
0
Hmmm
I try to track this post from the beginning but dont dig up what is end of story?
Did you earn 2.000 or 1.000.000 bucks?
Did you sell them copyright or full owner???

$2000  / full owner 

« Reply #91 on: July 09, 2010, 14:50 »
0
How much time on istock, your file would had needed, to make the same amount of money?

lisafx

« Reply #92 on: July 09, 2010, 14:54 »
0
How much time on istock, your file would had needed, to make the same amount of money?

Probably never.  I have been on IS for over 5 years and don't see returns like that on individual files.  

Maybe exclusives have a fair number of files that reach those levels...?
« Last Edit: July 09, 2010, 14:57 by lisafx »

« Reply #93 on: July 09, 2010, 16:03 »
0
How much time on istock, your file would had needed, to make the same amount of money?

When I look at your portfolio I think you know the answer to that question.

Nice images!

« Reply #94 on: July 09, 2010, 22:48 »
0
I would probably have done it on most of my pictures, but not my top ten.

« Reply #95 on: July 12, 2010, 12:27 »
0
Congrats Magnum! I wish you many more sales like this!

« Reply #96 on: July 12, 2010, 15:45 »
0
Congrats Magnum! I wish you many more sales like this!

Thanks :) I hope so too. Id never hesitate to sell a slightly changed existing 3d render for 2 grand,  if it happens again.
« Last Edit: July 12, 2010, 17:08 by Magnum »


 

Related Topics

  Subject / Started by Replies Last post
35 Replies
12799 Views
Last post May 09, 2008, 14:19
by lisafx
9 Replies
3771 Views
Last post August 08, 2010, 06:35
by waseefakhtar
33 Replies
6401 Views
Last post September 11, 2010, 21:16
by jamirae
27 Replies
8233 Views
Last post October 18, 2011, 20:25
by lthn
7 Replies
3121 Views
Last post November 01, 2011, 12:43
by Sean Locke Photography

Sponsors

Mega Bundle of 5,900+ Professional Lightroom Presets

Microstock Poll Results

Sponsors

3100 Posing Cards Bundle