shazam
Professional
Not sure if I agree with the author or his view or the California resale royalty. Once I sell a photo, I get money for that sale at the price that me and the buyer agrees upon. I want to make that sale. I sell it at whatever price I can get. Now if 10 -15 year down the road the original buyer sells my photo for a profit, why should I receive money again?
One, if the original buyer can get a higher price than he paid. Good for me. That mean i've been doing a great job and have achieved some level of notoriety in the art world. This more that likely also means that I have sold more photos for gradually higher amounts. If the original buyer sells the photo it can only introduce a work to a new prospective client that may want more works (possibly directly from me).
Keep the government out of our business. If we can't figure out how to survive, we need to yield to the next generation that know how.
"Once I sell a photo, I get money for that sale at the price that me and the buyer agrees upon. "
Obviously if you are saying that the terms of all your agreements are based on 'Unlimited use' - then yes - I can see where you are coming from here.
However, as most clients don't need us to provide them with images for them to use in all media, for unlimited years, throughout the world - we would therefore usually just agree on a fee for a limited amount use - based on what they actually need to use our images for. Because the fee for us to produce & then provide them with images for them to use in all media, for unlimited years, throughout the world, would be beyond their budget.
Which means the fee is based on the terms of the agreement - and therefore, should they want to use our images for more than what has been agreed, then we would except to be paid more for that additional amount of use.
Which is only fair i.m.o.
Otherwise, there would be little point in ever going the extra mile - as you would be simply cutting your own throat, should you start to provide them with images that they would then want to use a lot more, than you had though they would, when you agreed on that fixed or flat fee - without mentioning what that fee related to, in terms of use.
Just thought I'd share and mention that you guys should try to get 50%.
http://www.theartnewspaper.com/articles/American-artists-must-fight-for-resale-rights/24260
Don't be the low end of the totem pole. Value yourself and your work.