Re: A request for advice regarding use of pictures

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At 4:30 PM +0100 11/6/11, Pablo Coronel wrote:
I have most of my <http://www.flickr.com/photos/89853469@N00/>pics in flickr with a (C) sign so that they are not used. I have never made money of them, and do not intend to either but I got the following request:

Hope you are well! I loved your photos of Holland was wondering if we would be able to use your pics on our interactive map <http://wetu.com/Home/Map>wetu.com/Home/Map. To see an example of the pop-up box where we would use the pics, just type (for example) Galapagos in the search bar on the right and click the listing that appears. Unfortunately we are a start-up so we don't yet have a budget to pay for images, but of course I can credit you.
Hope to hear from you soon.
Thanks and warm regards,
Lexi

I was planning to answer saying that they can use my photos only for that purpose as long as my name is credited and no prints; postcards are made.

Does that sound sensible?

No. You need a contractual agreement signed by them and you which specifies what usage you license to them. Along the way, I suggest you register the images, all your images, with the U. S. copyright office, in case you discover that people are using your images without your permission, or that this "startup" decides to do something with your images for which they are not licensed.

Then, as for the license, you need to be a specific as possible about what you agree to them using the images for - that includes time the images will be visible online, cost of license, additional costs for further usages, and anything else you feel you should have control over with your images.

There are plenty of sample contracts online at places like ASMP which can guide you when creating your on.

As for a fee, it's interesting, always, that they can afford to pay this person Lexi, who appears to have no last name and seems to not know how to apply a signature to her emails, but they have no budget for the items which, more than any others, will drive people to view their site. Keep in mind, also, that their site will undoubtedly have advertising on it - the primary way that they will get income from the site itself. However, I'd do some research and find out where their financial resources are coming from before I'd give anything to them at all. Clearly, looking at their site they've got some substantial funding and the site is for commercial purposes, so there should be money for you too.

Every photographer that gives away his work makes it more difficult for all photographers who are actually trying to make a living to do so.
--
Emily L. Ferguson
mailto:elf@xxxxxxxxxxxxxxxxxx
508-563-6822
New England landscapes, wooden boats and races
http://www.landsedgephoto.com
Check out my Spring daily photograph project at:
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And Summer:
http://tinyurl.com/22juo5s
Autumn now complete here:
http://tinyurl.com/26pdgz9
Winter concluded here:
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