Sir Andrew,
This is the very time when you should say NO.... especially the $200 and
perpetuity parts. This guy is out to screw you. If he is desperate to use
the image then give him the "one use" right for a given period of time or
multiple uses for the same amount of time, but DO NOT SELL that image for
perpetual use.. especially for the indicated sum.
I'll bet he would have to pay at least 25 times that amount should
Corbis... or any of the other suppliers have the image... and they would
not sell all the rights in perpetuity.
This is your creation, your "baby" and this is the one time you would be
throwing baby out with the bathwater. Have you any real idea of what any
commercial studio (assuming they had the knowlege and skills and ability to
meet this client's need might charge for a similar photograph?)
My recommendation is to register the copyright (immediately) and then offer
him the use ON YOUR TERMS... otherwise you would be doing yourself an
EXTREME disfavour.
Should you sell the rights in perpetuity, you will never be able to
use/sell it again.
If the barn out back could use a new coat of paint, set the price "all and
perpetual rights" at one to two hundred thousand dollars. ($100,100.00 to
$200,000.00)
Sincerely,
Ken
>Dear friends,
>
>Please excuse the fact that I am asking for advice instead of doing my
>homework
>by checking probably readily available resource on the web or elsewhere. I
>guess I am asking you to do my work for me! Anyway, I got this "offer" from
>someone out there ... do you think this is fair enough and would I be giving
>away my right to resell or give away this image to others similarly
>interested?
>I guess he could buy from Corbis or similar ... if he could find them!
>
>From:
>Subject: water drop
>
>Professor, Iwrote earlier to inquire about using your photo of a water
>drop for
>my company XXXX. I would like to offer $200.00 for the licensing right to use
>the image for perpetuity on marketing materials used in conjunction with my
>company, which uses artificial intelligence to optimize water supply systems.
>We can also credit you by name below the image. Please let me know as soon as
>possible if this is acceptable, since we have are in the process of
>putting our
>marketing material together.
>
>
>tx for thoughts ...
>andy
[||/\/\/\/\//\/|| Ken Sinclair RBP, FBPA.
[|| ||-| Applied Photographic Services
[|| || | Lethbridge,
[|| || | Alberta, Canada,
[|| ||-| (403) 381-1654.
[||\/\/\/\//\/\|| photo1@telusplanet.net
_0___________0______
|___________________ |
O
