What would IE do in this situation

Discussion in 'Reality Check' started by Squashtowner, Feb 16, 2009.

  1. Squashtowner

    herp derp

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    I got this email through my Pbase. I'm not sure how to proceed.

    The pic in question:

    http://www.pbase.com/image/60737549
     
  2. HatMan

    Pentaxian Extraordinaire

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    Have you broached the subject of price yet? That should be the first thing as they've already clearly stated the usage terms.
     
  3. Squashtowner

    herp derp

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    No. This was the only step taken. He emailed me saying he was interested in using an image for their web page, and that was it.
     
  4. mrlarter

    New Member

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    this is what getty images gives me for a bridge photo for one year on a law firms website.

    License Details
    Use Web - Corporate and promotional site
    Size Banner - Up to 728 x 90 pixels
    Placement Home page
    Start date Feb 16, 2009
    End date Feb 16, 2010
    Territory Canada, United States
    Industry Legal Services
    Exclusivity No Exclusivity
    Contact us for exclusivity
    Image number: Collection: Title:
    83986720 The Image Bank modern bridge, Amsterdam , the Netherlands

    Price: $ 495.00 CAD
     
  5. Squashtowner

    herp derp

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    Hmmm. Wow.
     
  6. nb132

    Drunk Batman hates you

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    I'm realtively surprised that a LAW FIRM is trolling pbase hoping to pick up a file to use for free. If they had intended on paying, I'm thinking they would have licensed the image through a stock business, or at least mentioned payment or licensing in the e-mail.
    Seems that they're hoping to rip someone off here.

    Don't let them use the image for free. They don't work for free. While it isn't something that I would personally do, at the very least, work out an exchange of services with them(drafting contracts etc etc or so many hours of representation)...but I wouldn't want them representing me if this is how they do business. :(
     
  7. Cheddar

    Red is the New Green

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    Who said anything about free? Not everyone knows about stock companies. If he was looking for free, I'd imagine he'd just google images for a picture of a bridge.
     
  8. nb132

    Drunk Batman hates you

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    he made ZERO mention of payment...like I said...for now I am assuming the worst(because it isn't all that surprising these days). I fully hope they don't intend to use the image for free...but if you were looking at licensing an image for your website and expected to pay for it, wouldn't your initial e-mail contain some question or reference about cost or compensation? I think it would.
     
  9. Cheddar

    Red is the New Green

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    Maybe he figures that its implied that he will be paying for it, or maybe he left it out on the off chance that the guy agrees to let him use it without paying.
    I know lots of people on here use photography as an income, but there are probably just as many if not more that have absolutely 0 interest in making any money off it and are only too happy to just know that their picture was appreciated enough to be used.
     
  10. nb132

    Drunk Batman hates you

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    lol.....so then that makes it ok?
     
  11. Cheddar

    Red is the New Green

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    Makes it ok to ask if he can use a picture of the bridge? Absolutely. He's done nothing wrong so far, and has probably done more that many would do.

    I'm addressing this BTW;
    I just think its little harsh to assume that the guy's primary focus is to screw someone out of some money and get something for free, when for all you know he thought he was being polite in even asking.

    I dunno, I usually give people the benifit of the doubt, but again, this part of things is relatively new, so what he did might be a normal greasy thing? Dunno.
    What I'm saying is, when I ask a Doctor, or a lawyer, or a mechanic a questions I don't start off with "Hey how much to ask you a question," even though I am well aware that they could bill me if they wanted. I'll ask if, and if they bill me that's fine.
     
    Last edited: Feb 16, 2009
  12. nb132

    Drunk Batman hates you

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    sure, it's good that he's at least bothered to contact the shooter when in a lot of cases people pull really greasy shit and just use images without even asking etc. but richard, this isn't the same as what you're talking about.

    lets say you have a weird shake in the front end of your car and you take it to a mechaninc and say hey, i have a weird shake and i don't know what it is...can you take a look at it? that's one thing...but this is different. in this case you know what the 'shake' is. like if you know you had a tire that was totally fucked...would you go to a mechanic and say hi, you are a mechanic. you have tires. i would really like a tire, mine is bad. i have seen a lot of places that sell tires, but i decided yours is the one i'd like to have. can i use your tire? thanks.

    it's bad to always assume the worst, but I know for a fact i'm not the only person here that has found images being used without a license etc etc in the past and it's commonplace for people to try to get free images out of people that think it's neat that someone wants to use their picture. the fact of the matter is that pictures have value...was your gear free? how about all the time you've invested in learning? if it was a nonprofit, or a charity or just some dudes personal website even....i would be a little less eeked out by it..but the fact that it's a law firm sorta chafes the sack a little.
     
    Last edited: Feb 16, 2009
  13. Cheddar

    Red is the New Green

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    I disagree with just assuming this guy is trying to screw him over because he said "I want your picture" rather than "I want your picture, how much is it". Maybe price is no object. May he thinks its really expensive and thinks its one of those things that if you have to ask, you can't afford it. Who knows? Just saying don't put him on on the cross just yet.
     
  14. nb132

    Drunk Batman hates you

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    fair enough. i hope that's the case, but i would be very surprised.
     
  15. Squashtowner

    herp derp

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    I asked a couple questions:

    And hastily added a large watermark to the image on Pbase (Probably too late :sad: )
     
  16. Squashtowner

    herp derp

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    My next questions will involve if he expects it for free, or if they plan on paying for it.
     
  17. nb132

    Drunk Batman hates you

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    i wouldn't even ask that question. i would indicate that you are willing to discuss your rates and terms of licensing if they wish to proceed.
    don't even indicate free is an option.
     
  18. Ryan

    Semi-Pro

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    Surprisingly I agree with Mosher on this one, I have had numerous people/organizations not only wanting but expecting to have images for free for any use they wanted really.
    I even found one of my images entered in some sort of contest online. It amazes me what people will do.

    Hopefully it's different for you this time Mark, as they took the time to email and inquire about it. He could have just as easily ripped off the decent resolution image you have up on pbase and you probably would never come across the law office website that used your picture for nothing.
     
  19. Cheddar

    Red is the New Green

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    This I agree with.

    I was just suggesting that maybe not everyone knows that people want to get paid for things. Like I said, many people are only just to happy to have their photo used for something. I know of people offered money for shots, and have flat out declined because to them its a hobby.
     
  20. nb132

    Drunk Batman hates you

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    wow...nothing like de-valuing the entire industry lol.
     
  21. Squashtowner

    herp derp

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    Got a reply this morning (explains the strange times the emails are coming in:


    Now. How do I proceed. Like I said, I am totally new to this. :) Thanks for the help guys.
     
  22. HatMan

    Pentaxian Extraordinaire

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    With everything already said, a couple things come to mind.

    1. Since it's a law firm, I think it's fair to assume that they would not be interested in a "legal" issue over licensing a photo for their web site. Fair?

    2. Since it's a law firm, they are also aware that if they decide to use the image - at the guidance of the marketing person they are using - that the marketing person is handling the licensing. They will also know that should there be any legal issues, that you - as the licenser - would need to file an infringement lawsuit in Israel where the infringement occurred.

    If it was me - and it's not - I'd just reply to say that you're interested in having your image included is a great project like this and here is my rate for home page location and here's my rate for other than home page location, licensed for used at that domain for whatever term you're interested in.

    The best that can happen at this time is that they realize you have a clue and if you're rate is within their budget, you get paid. The worst is that a law firm knowingly misuses a copyrighted image and a local law firm might just have some fun in a potentially pro-bono precedence case.

    Just my 2c...
     
  23. SheOfManyChildren

    Active Member

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    Yep, send your quote for usage. Simple as that.

    His response will be very telling.
     
  24. Cheddar

    Red is the New Green

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    Its not an industry to them though. You used a car mechanic as your example before. Do you think that when someone who likes working on cars as a hobby helps someone else, they are devaluing the industry?

    I'm not against asking for payment. And I'm not saying the guy is ready to pay any amount he is asked.

    I'm just saying all he did was say "Hey we'd like to use your image", and from that you determined that he was trying to screw him over. Maybe he isn't willing to pay maybe he is. But worst case scenario assume that he isn't willing to pay, give him some credit for even asking. He could have easily just taken the picture and nobody would have ever known.

    Also, have to remember, event though its a law firm, this guy might just be their web designer and no nothing about the legalities of things.
     
  25. Squashtowner

    herp derp

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    If you click on 'OUR LAWYERS', Eli Shalom at the bottom -- he's who I've been in contact with. He's a paralegal.
     
  26. RoryTate

    Buffer the streaming media unto me.

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    Quit pussy footing around and send him a usage quote already. :)
     
  27. Squashtowner

    herp derp

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    Based on your replies, suggestions and help, I drafted this reply and sent it off:

    :happysad:
     
  28. RoryTate

    Buffer the streaming media unto me.

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    Ok, you haven't defined exactly what the usage is yet. Where's the cost?
     
  29. Cheddar

    Red is the New Green

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    Keep dancing around the price and the reply you are going to get soon is "Thanks but we actually found another one that fits our page a little better"
     
  30. Squashtowner

    herp derp

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    :doh: I replied as I did to see if he was planning on spending ANY money or if he wanted it for free. :(
     
  31. shaun

    Freedom 27

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    You shouldn't even imply the free part.
     
  32. Squashtowner

    herp derp

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    I didn't, thankfully! :)
     
  33. majaphoto

    New Member

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    Well, the part where you say you are really reasonable and negotiable leaves the door open for them to offer $0.00

    I think this proposition from them caught you off guard a bit, but if you want to get paid an appropriate amount you need to quote a price and stick to your guns. You are not Getty images, so you are allowed to create whatever terms and conditions for use that you want. If they don't like the terms, they will let you know. If they do, you will get paid. You can't keep playing poker with them to see who will play their hand first...

    You've had some good advice here, but nobody can tell you what to charge.
     
  34. Squashtowner

    herp derp

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    I know. I've been mulling it over in my head the past couple days what to charge. I'm not professional, and like you said, I'm not Getty. :)
     
  35. tracker

    none

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    Getty takes a cut, I don't know what their cut is, but but you may be able to charge 35% less than Getty's price and still make what a Getty contributor would make off the same sale.

    Or throw it through a calculator at alamy.com

    Surely microstock sites would license it for less, and for longer.
     

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