Photo Licensing Questions

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United States United StatesWhat is a resonable agreement for images to be used in a documentary?

I was recently contacted by a production company producing a feature about a midget hockey team for NHL.com.  They contacted me about using 4 images of the team I took their recent national championship games.  I was providing action photography on speculation for the tournament and the agreement I signed with USA Hockey was that I provide them x number of photos per game, which became theirs, everything else is mine to use without reservation.  I have a release from the venue for use of the images as well.

What would be a  reasonable agreement?  They have not mentioned anything about payment/credit/etc but are chomping at the bit to get the images.

Keith Haessly

Keith Haessly

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The company sent me an agreement in which they get non-exclusive, non-transferable rights.  The bulk of the contract is below.  One thing that was missing was any information about compensation (monetary or photo credit).  I asked for $450/image.  They responded that they generally only offer courtesy credit in exchange for photos.
 
PERMITTED WEB / ELECTRONIC / TELEVISION USES
2. This Agreement grants the film company the right to:

a. Incorporate Images on web sites, provided that no Image is: i)
displayed at a resolution greater than 1200 x 800 pixels; or ii) displayed as part of gallery, collection, album, archive, scrapbook or other aggregation of individual images, or

c. Incorporate Images into software as background images or splash screens, including but not limited to video games, phone applications and device firmware, provided that the Images or any digital files containing the Images cannot be unincorporated from the software;

d. Use Images in multimedia presentations and incorporate them into film, television (online, mobile, broadcast and cablecast) and video;

3. All other rights in the Images are expressly reserved by the photographer for itself.

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November 29, 2011

Keith Haessly

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for those following thos thread....the company replied that they will not pay do  the use of the images.  i told them the fee was negotiable but there had to be a fee.

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December 2, 2011

Keith Haessly

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1 Answer

Kitfox Valentín answered:
Answered December 8, 2011

I do work for a production company that sometimes uses stock photography in their video production. While the licensing fees vary a lot, there is generally some sort of budget for images. Good on you for telling them that while the fee is negotiable, you must receive compensation.  

Kitfox Valentín

Kitfox Valentín

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