Your Approach to This Request

[Ken Tanaka]

I have run across an image licensing request that is a bit unique in my experience. I would be grateful for the thoughts and experiences of other photographers who have encountered similar situations.

Over the past several years I have licensed quite a bit of photography across a broad variety of applications, although books are the most common applications I encounter. Although each situation is unique such agreements tend to run relatively standard based on press runs, placements, etc.

But today I received this boiler-plate request language from a very well known, extremely reputable publisher for approximately a dozen images for a book. Its broad and sweeping nature has me a bit flabbergasted, as I cannot imagine they are prepared to offer appropriate compensation for such rights, given the small nature of the book.

Here is the language:

"The (Whatever) Press is a nonprofit, academic publishing house. (Book title) is a scholarly study, approximately two-hundred printed pages in length, which will be published in an edition of four thousand copies at a price of thirty dollars. It will be sold to libraries, scholars, and interested general readers. I am requesting nonexclusive worldwide rights to reproduce the illustration in all editions and formats of the book, including electronic, and in print and online advertising and marketing materials promoting the book. I am also requesting permission to include the material cited in book club editions and foreign language translations, as part of excerpts from the book that appear in magazines and newspapers, and in works based on the book in all other media."

So I am interested in learning how other professional photographers have dealt with such requests.

Thank you for your time.

 

[Asher Kelman]

Ken,

I must, at the outset declare that I haven't as yet licensed a single picture for a book.

I can share my practical approach given the need to protect one's work.

There are two parts to their request.

Here is the language:

"The (Whatever) Press is a nonprofit, academic publishing house. (Book title) is a scholarly study, approximately two-hundred printed pages in length, which will be published in an edition of four thousand copies at a price of thirty dollars. It will be sold to libraries, scholars, and interested general readers. I am requesting nonexclusive worldwide rights to reproduce the illustration in all editions and formats of the book, including electronic, and in print and online advertising and marketing materials promoting the book. I am also requesting permission to include the material cited in book club editions and foreign language translations, as part of excerpts from the book that appear in magazines and newspapers,...

and in works based on the book in all other media."
[/QUOTE]

and in works based on the book in all other media."

The former part of the license request is rather aggressive but is understandable. They want to be able to sell the book and excerpts.

However, "works based on the book" and in "all" other media might include just an extension of the above needs for DVD or CD publishing. That too might be fine.

I'd retype the language to reflect that only and state what they are allowed to use the pictures for and not for other purposes not specified.

If the price is especially low for you because it's a limited circulation book, then state the number of copies that can be made in the book and in all other media.

Also they cannot sell prints larger than xyz etc. except perhaps a poster of the book cover if you wish.

What must generally be excluded are the derivatives of your pictures! They cannot make new art or composites or any other work in any medium known or yet to be discovered. That must be excluded unless they are willing to pay for it. Also they cannot sell prints larger than xyz etc.

They also cannot license the pictures to other people.

In ll contracts offered, there is always room for your own wishes!

Just my thoughts,

Asher

 

[Dierk Haasis]

First thing I'd do is get on the phone and talk with the human in charge about this. They do have a business plan for that particular book, so they should be able to tell you more about this. An important part is the readership: who and how many. If it is a considerable number of what we usually call 'general audience', this might be a wonderful opportuity to get your name writ large. Even if it is a very small but relevant ['deciding'] group you might be in for a lot more business after publication.

When all this is cleared up, I'd negotiate a good deal for possible derivative works. Nowadays scholarly titles are usually put out electtronically, too, so I guess that is what they want to cover - a printed book and one or two forms of electronically accessible derivatives [PDF on CD, searchable database-driven text]. Again, you have to talk to them what they want.

 

[Michael Fontana]

I had some similar requests, in context of exhibitions, too, and often with the so called °non-profit-label°, which is IMHO largely stressed, as some people are bulding up a bussiness on that non profit idea. I don't think that the print house works for free....

I don't mind in certain situations, to be generous; then I know the people and have relationsships with them; but in these cases, today, I'm just strict; some even used my photos for playing arround in collages....

Therfore, I deny all these types of requests, as they want all, for giving nothing:

"I am requesting nonexclusive worldwide rights to reproduce the illustration in all editions and formats of the book, including electronic, and in print and online advertising and marketing materials promoting the book. I am also requesting permission to include the material cited in book club editions and foreign language translations, as part of excerpts from the book that appear in magazines and newspapers, and in works based on the book in all other media."

 

[Bart_van_der_Wolf]

Therfore, I deny all these types of requests, as they want all, for giving nothing:

Alternatively, one could quote an equally "all inclusive" price, with the option to negotiate something more affordable with more limitations. How useful that would be, depends of course on whom one is negotiating with. It may well turn out to be a waste of time and effort.

Bart

 

[Michael Fontana]

I never get replies, when supposing "all inclusive" prices, ;-)

 

[Ken Tanaka]

Thank you very much for sharing your thoughts on this matter.

The path I've navigated thus far is most congruent with Dierk's suggestions. That is, I used the most powerful word in my vocabulary: "NO". Now, to be honest I had the upper hand in this particular situation. In all modesty the images requested for this book are the finest of this subject to be found anywhere. But beyond this, I was not emotionally invested in making the deal (a psychological position that I advise everyone to establish in business negotiations).

So I wasn't interested in dissecting their language; that's not my problem. Summarily declining the offer prompted the publisher to completely discard the language and to then ask for my terms, which they immediately accepted. Basically, I quoted only the print terms for the book and explicitly excluded all electronic distributions for negotiation at a later date.

So thank you, again, for your thoughts. I think threads such as this can be useful references for many other photographers who face such situations which may be new to them.

 

[Michael Fontana]

................
So thank you, again, for your thoughts. I think threads such as this can be useful references for many other photographers who face such situations which may be new to them.

I signed a contract, a few days ago, for a book project of a museum's remodeling and extension.
Off course, the ©fee is in the bill, for the book and the homepage of the museum. One chapter of the contract states explicitly, that apart from the museum, I'm the only ©holder.

That's the way it should be, meanwhile not beeing alwith easy to bring through.

 

[Asher Kelman]

I signed a contract, a few days ago, for a book project of a museum's remodeling and extension.
Off course, the ©fee is in the bill, for the book and the homepage of the museum. One chapter of the contract states explicitly, that apart from the museum, I'm the only ©holder.

That's the way it should be, meanwhile not beeing alwith easy to bring through.

That's interesting law, Michael!

AFAIK, in the USA, © ownership is not sold in parts, just licensed for various purposes. However, not being a lawyer, we'll await some learned opinion!

Asher

 

[Michael Fontana]

Asher

it might come down to the same results, using other words.

The important thing is to exclude some third parties, like newspapers, magazines, etc.

 

[Jeremy Jachym]

"I was not emotionally invested in making the deal (a psychological position that I advise everyone to establish in business negotiations)."

Yes, oddly enough it seems fortune has an easier time shining upon us when we don't burden it with a desired outcome. How to develop/nurture this psychological position or if it can be developed is another question.

JJ