Photographers have bills to pay as well.
August 23, 2012
I must get a handful of emails a week asking me if a company can use my photography on their website / brochure / advertising etc. in return for a credit or link to my website.
Well this morning I snapped.
I RECEIVED THIS EMAIL:
Hi! My name is Jennifer and I work for XXXXXX XXXXX XXXXX based in XXXXX, VA. We are working with our client, XXXXXX.com, to launch a new travel site and would love to feature your beautiful travel photos on the site when it launches!
Here is the specific photo that we’re interested in:
You will be credited with your Flickr name and a link back to your Flickr Photostream or, if you prefer, you can send different information to credit, such as your own personal website. When the site launches, we’ll be sure to let you know where your photo was used!
Please read the Consent & Release Terms below and, if you agree and are interested in sharing your photo, just reply to this message! If you have any questions at all please don’t hesitate to ask.
We can’t wait to showcase your work!
XXXXXX XXXXXXX XXXXXX
CONSENT & RELEASE AGREEMENT
I grant XXXXXX Media, Inc. (”Company“) the unconditional and unrestricted right to use the photographs, audio or video footage including my name, biographical information, likeness set forth in my electronic communications with the Company or which I have otherwise agreed to share with Company (e.g., by uploading images through a Company tool), in any published form, and in any medium of advertising, publicity or trade, including, without limitation, in any of Company‘s podcasts, website content or other media applications, throughout the world in perpetuity. In addition, I acknowledge and agree that the rights granted hereunder shall include the right of Company to edit, modify, use, syndicate, license, assign, and/or distribute said Images or any portion thereof, and to grant others permission to do the same, in any medium or forum and for any purpose, without compensation or notification to me.
I fully understand that this is a complete release of all claims of any nature against Company, or any other person or legal entity by reason of any such use of said Images.
I hereby waive any right to inspect or approve the finished product or any written copy that may be used in connection with said Images, or the use of which it may be put. I represent that no license or permission is required from any third party, in order for Company to use the images as described in this agreement. Company owns the copyright in any compilation or derivative work that it creates using the work.
I certify that I am 18 years of age or over.
I acknowledge and agree that the rights granted herein shall inure to the benefit of Company, its affiliates, and their respective licensees, successors, and assigns.
 Name to be used for attribution purposes
 Biographical information to be used for attribution purposes
THIS WAS MY RESPONSE:
Many thanks for your email and your interest in my photo, and I’m so thrilled that ‘you can’t wait to showcase my work”.
I am a professional photographer and I support my family through my photography.
Just to be clear, you would like to use my photograph on a commercial website for a company that makes a profit. You too are a company that charges clients for the work that you do. You have asked to use my image and in return have offered to credit me and link to my flickr account.
You have also sent though a consent & release agreement which gives you “the unconditional and unrestricted right to use the photographs…..in any published form, and in any medium of advertising, publicity or trade, including, without limitation, in any of Company‘s podcasts, website content or other media applications, throughout the world in perpetuity. In addition, I acknowledge and agree that the rights granted hereunder shall include the right of Company to edit, modify, use, syndicate, license, assign, and/or distribute said Images or any portion thereof, and to grant others permission to do the same, in any medium or forum and for any purpose, without compensation or notification to me.”
You would like me to sign over all rights to this photograph to you in perpetuity, so that it may be used by you in any further media and also may be sold on by you to third parties, with no further compensation to me.
Like I said, I am a professional photographer and I support my family through my photography. Do you think that the supermarket where I by my food would allow me to shop there for free, if I put a sign outside my house saying I got my food from them? Do you think that my mortgage company would let me live for free in my house, if I put a sign saying the house was paid for by them? Actually I like the idea of this, would your client be willing to give me free travel for me and my family for life anywhere in the world, as often as I like and also to any friend or member of my family, if i wore a T-shirt saying that this vacation was paid for by XXXXXX.com?
I await your response and agreement to my terms for the use of my image.
Once again, many thanks for your interest in my photo and you’re eagerness to “showcase my work”.
I’m sorry, and I know this shouldn’t be on my blog as it probably creates a bad impression of me. But I’ve been taking photos for 20 years. A professional photographer for 5 years. I studied photography at college and university. My equipment costs a fortune, I put blood sweat and tears into my business and it really, really, REALLY winds me up when people think that photographers want to give their work away for free. We need to change the attitude of people in regards to them expecting photography for free or next to nothing.
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