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Should I get paid for this?
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Jan 28, 2012 05:38:52   #
George H Loc: Brooklyn, New York
 
Timarron wrote:
Here's the facts (sorry its a little lengthy).

1. I am an amateur photog. Have done a few weddings for nieces to cut them a break, but never charged them.

2. Now retired, I have thought of making my photography a sideline business on a limited scale to make a few bucks.

3. I am a member of a small Golf club, and have taken a number of very nice pictures of some of the more picturesque area of the course. I have given some of these as gifts to other members.

Now, the issue...

The Club's management called me and said a local, prominent real estate Broker called them and asked for a few nice pictures of the club, that he could use in marketing golf course homes. The payoff for the Club is that the Broker would encourage them to join the club (and pay dues, etc.)

The thing is, the Club doesn't have any nice pictures, but they know that I do, and have asked me to send some pictures to them, that they can forward to the Broker (who is also a member of the Club by the way, although I don't know them personally).

I was a little flattered, but then got to thinking that everybody but me stands to get a little moolah out of that arrangement!

So, the question is.....

Do I just give these pictures away to a millionaire real estate broker because the Club asked me to? I never asked permission to take the pictures of the Golf Course, so do I have the right to charge a 3rd party (Broker), for the images?

Thoughts, Opinions?

A whole new question would be, if so.....how much $?

Thanks team!
Here's the facts (sorry its a little lengthy). br ... (show quote)


Without a doubt you should charge. What is the cost of a membership to your club, double it. Then give him the photos you have of the course.

George

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Jan 28, 2012 06:50:08   #
Kathi Loc: Pennsylvania
 
I'd also like to suggest that however they use your image, it also comes with credit mentioned to you. As in newspapers, magazines, etc. "Photo taken by...."

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Jan 28, 2012 07:13:35   #
yooperfalls
 
You still own the rights to the photos you gave as gifts. I suggest
you get a patent attorney and register a copyright on any photos that are going to be used in the market place. Then YOU can establish exactly WHAT you are giving and/or selling. Registration makes it easier to defend and also can provide a per copy renumeration for a violation. Without registration you have to claim a statutory copyright, Artists are always being asked to donate even when everyone else gets paid. Even as a teacher
I was often approached to run a contest for the best drawing or design. The person giving the prize gets professional work. The
losers a "life experience"? Not in my classroom!

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Jan 28, 2012 07:41:43   #
Cappy Loc: Wildwood, NJ
 
debbyg wrote:
GoofyNewfie wrote:
Absolutely! or give you a BIG break on membership.


OR give you a membership free....it will cost them a few bucks to get someone else to do it....for sure...nice picture by the way.


Completely agree. Also copyright the photos.
Also get a release from the golf club before you give/sell/trade for a membership. Since you are "giving" other members copies of your photos it would have been a good ideaa to have the release. As part of the discussions with the club, don't bring up that you have given copies to others. If any of them use your photos for profit you could be brought into a law suit for not having a release. Yes it a very remote chance, but so is buying a lottery ticket.

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Jan 28, 2012 08:07:24   #
wrr Loc: SEK
 
After the sale your friends will see their pictures you have given them in a whole new light. Now they become more than just a gift, they will see that your pictures have a monetary value and will cherish them all the more.

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Jan 28, 2012 08:28:21   #
pshaffer Loc: Worthington, Ohio
 
here's another thought.....

Picture is OK, but low on drama (IMHO). Could be easily improved by doing same shot EARLY in am or LATE in pm on a clear day. Then PS it, or use topaz.

You could tell them that you won't allow the use of the pict as is, but will deliver a better image for $X.

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Jan 28, 2012 08:38:05   #
Kimberly Loc: Orlando, FL
 
This entire thread/discussion has been very informative. I wish to thank you all for giving this learning lesson. :)

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Jan 28, 2012 08:41:24   #
DJ Mills Loc: Idaho
 
If you think about it, everyone is getting compensated except you. This is a money-making venture for the real estate agent as well as for the golf club. They are coming to you because they want professional work for free. You need some kind of compensation.

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Jan 28, 2012 08:45:29   #
digital Loc: Carrollton, Ga.
 
I am in agreement that you should be paid for use of your photos. Licensing sounds like a good idea.
Digital

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Jan 28, 2012 09:06:56   #
Thom Loc: Cleveland Ohio
 
I would barter a FULL Membership..
Only if you like golf or there amenities!!!
Then by all means no freebies....there making a profit arent they and all you get is a pat on the back....not sure thats right...so a fee is in order! depending on the size of the photos they want done etc.....

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Jan 28, 2012 09:10:11   #
Thom Loc: Cleveland Ohio
 
..or even be more creative....aggreement between parties is that you place a lien on the property....and when each lot sells, you get a percentage!...that should beat any fee upfront!!! Okay maybe a bit too deep, but hey, business is business! Get a piece of the "pie"!

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Jan 28, 2012 09:11:19   #
Falcon Loc: Abilene, Texas
 
The consensus throughout the thread is that you should be paid. I agree! No professional ever started out selling the very first thing he produced--he had to develop a need for his product. You have done that.
To put all this in a different perspective, suppose you are a woodworker and made little gadgets that you gave away to friends and acquaintances. Now, someone who knows you have done this wants to gain a business advantage and thinks your gadgets can help them do so. No one would ever consider that you would be expected to provide your services for free.
I would certainly establish a "duration of use" clause for your work, copyright it, and require photo credit for any publication.
You should continue to establish photo credit, even if you are giving photos to friends as gifts, but attempting to retain ownership of the work rather tarnishes a friendship. It is not a gift if it comes with strings. But, back to the woodworker analogy, "handcrafted by ..." increases the value of the gift rather than diminishes it.

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Jan 28, 2012 10:27:06   #
katie mae Loc: Albany NY area
 
CaptainC wrote:
Well. I am flattered RocketScientist think I am the one to suggest a price!

One of your BIG problems is you are known for giving away pictures. you have not acted as a professional in the past and you are not seen as such. Now before someone get their panties in twist, I just mean you have been seen as a hobbyist and there is nothing wrong with that. It's like the baseball team dad that takes images of all the games and has given away photos and suddenly wants to get paid - does not work too well.

If it were me, and I already has the images, I would charge at LEAST $700.00. A good golf course photographer (yes there are those who specialize in that) would be several thousands. Of course (ooops - a little pun there) the work they do is spectacular.
If I had to go shoot the images, I would be quite a bit more.

check these:
http://www.stonehousegolf.com/
http://www.robperry.com/layout9.asp?id=416&page=11743
http://www.golfcoursephotography.com/home.asp

You should consider licensing the images - not selling them. You license them for a specific use and / or limited time. You could say the images are to be used in XXX brochure for 25,000 copies and that the license expires on January 1, 2013. That way they can use them for a specific purpose but not forever. After January 2013, they need to come to you for a renewal if they want another print run .
Same goes for internet use - set a specific time and be sure they get image no larger than about 700 pixels on the long side.
Well. I am flattered RocketScientist think I am th... (show quote)


Holey moley Antony!!!

CaptainC!!! I wish I had known about this forum back in August.

Long story short: I took dozens and dozens of shots of damage done by Tropical Storms Irene & Lee last summer. I uploaded all of them to my Flickr account with appropriate tags.

I was approached by someone purportedly from a small print house downstate who found my shots on Flickr and wanted to use some of them for a fund-raising calendar for the disaster victims of Schoharie Valley.

I replied that I was honored (having only had a P&S for a few months) and gave my permission. I started to have second thoughts and immediately emailed that I would be happy to give permission with a signed contract granting permission for credit to the effort as long the print house did not make a profit from the photos (or words to that effect).

I never heard from them again.

Now I know enough to stop giving those framed photos away when I'm asked for one.

It's also good to know that I can license my work....more Google research!!! :D

Katie Mae



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Jan 28, 2012 10:39:12   #
gledor42 Loc: Folsom California
 
Capt. C,
You obviously know the intricasies
Of selling photos. I am an aspiring
stock photographer and about ready
to upload several of my work. Knowing
That photos with people, sells more than
still life, my question is about model
releases. The form is so invasive regarding
their name, address and phone number
that I feel embarrassed or hesitant to
ask them. It seems to be a hassle to carry
a form all the time not withstanding.
What are your thoughts or suggestions?
Which sites you would recommend?
Thank you so much for your time.
Gledor42

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Jan 28, 2012 10:40:08   #
fotog54 Loc: Alabama
 
Yes, you need to be reimbursed for these photos. While I would like to say discounted or free club membership is a way to go, I cannot and won't. Once you give away the photos, you have lost all rights as to how they can or will be used. IF these are pics you do not intend to use in other manner, then I would suggest charging a minimum $50 per digital file sized no bigger than 5 x 7 for one time use. Go to your library, look on line or check bookstore for books containing sample contracts you can copy detailing price and use of photos with the club and/or broker.. And I would make sure that these photos have been copyrighted. This may seem like a lot but in the last few issues of Rangefinder magazine, their legal dept discusses what happens when other folks make money off your photos. And some folks have made huge sums on other's works.

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