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!
Jennifer XXXXXX
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[1], biographical information[2], 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.
[1] Name to be used for attribution purposes
[2] Biographical information to be used for attribution purposes
THIS WAS MY RESPONSE:
Hello there,
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”.
Regards Adam
——————–
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.
Photographers have bills to pay as well.
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18 comments
Really winds me up also. You wouldn’t go and get your car fixed, as them to do it for free as you’ll spread the good word at how ace they are. And I could pretty much guarantee the equipment we own is far more expensive than theirs. What also winds me up is the PR agencies wanting the earth with this that and the other and wanting to choose 30 images to retouch (which they need the next day) but ‘sadly we only have a £200 budget’. Bollocks. grrr
I totally hear that, Adam. Same situation here in the UK. It seems the majority of organisations want a free meal ticket and we photographers seem fair game. I even had a “New York Gallery” contact me recently asking if I would show my work with them for £xxxxx fee AND a cut of the sales profit. You can guess my reply!
I couldn’t agree more. Fantastic response to the email, sometimes I think people forget that we have a lot of bills to pay and families to support and whilst, yes, we love what we do it is still work and hard work at that!
HEAR HEAR
I could feel my entire body clenching up in anger as I read their email to you – thought your response was excellent!
WELL DONE YOU!!! I get this all the time, and have fallen out with people over this. Micki
I commend you on the restraint shown in your reply. I can’t believe the temerity of this company! Please keep us updated.
Thank you for sharing this story. It is a great story also a sad issue.
It’s a great photo, glad you didn’t let the leeches exploit you!
It’s not as if they don’t have the money!!Rude! (Them – not you!)
I agree with you. I’m a hobby photographer who makes extra money from taking photos and I’m appalled by how some people expect me to do it for free and even when I do it for a very very reasonable price, they get turned away and say ” You mean it’s not free? ”
I would snap at the next person who says that to me. Very very rude.
I wish every photographer both professional and amateur did this. Well Done.
I want to know their response, haha! Awesome response!
@AdamBronkhorst Love it! Basically any company will push it as far as they can, i.e. get anything for free, so you’re right to push back! And make your point, using some nice analogies! Why not put said image on Getty, or similar, and tell them that they can acquire it that way? Or is this a big no-no due fee and/or licensing issues?
Well said Adam, I frequently get offers from businesses and individuals offering our students the chance for some “experience”. “In return we’ll allow them to use the photos in their portfolio” You can imagine how hard it is to tell them where to go whilst maintaining a level of professionalism.
Wow guys, I just wanted to say a massive thanks for your support on this issue. It’s time we took a stand!
Abso-bloody-lutely! Well said Adam, it doesn’t creat a bad impression of you at all.
I have been working in the business for three years and have a lot of friends working in film (which has a union) whats stopping us photographers clubbing together and setting out their terms. why should we work for free and see it as an opportunity. you only need 6 people to start a union. how many people are up for not being exploited??? C
PS very nice work adam! don’t give it away for free and no you’re not giving a bad impression, first rational things said in ages
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