Occasionally I rerun an older post, either because it’s a favorite of mine or because I think the subject it covers deserves a fresh look. Today’s post, originally published over seven years ago, falls in the latter category. Many of my blog followers are photographers themselves and may benefit from my experiences and even from some of my mistakes. Long time followers of Feathered Photography have seen today’s featured image before (as recently as two weeks ago) but most of the potential value of today’s post lies in the events I’ll describe rather than in the photo. For this version I’ve edited the text, added text and changed some of the formatting.\u00a0<\/em><\/li>\n<\/ul>\nA recent experience taught me that photographers and other artists don’t necessarily have to accept outrageous contract stipulations from publishers or other consumers of our work or lose the deal. There’s another page in that playbook.<\/p>\n
About three months ago I received an image licensing request from the director of a prestigious design group (I’ll call her “Mary”) responsible for developing interpretive panels for a new nature center in the state park system of one of our largest states. Mary requested “one time use” of my image for one of those interpretive panels and asked what my fee would be for such use. I told her my fee and she submitted the information to State Parks for approval. Approval came a few weeks later.<\/p>\n
<\/p>\n
![\"bald](\"https:\/\/featheredphotography.com\/blog\/wp-content\/uploads\/2014\/01\/bald-eagle-4372b-new-copyright-ron-dudley.jpg\" "\\"bald-eagle-4372b-new-copyright-ron-dudley\\"")
<\/p>\n
1\/1250, f\/7.1, ISO 500, Canon 7D, 500 f\/4, 1.4 tc, not baited, set up or called in (though the\u00a0carp was killed by refuge managers)<\/strong><\/em><\/p>\nThis is the image in question and it’s one of my favorites – a Bald Eagle eating a fish in midair while other birds (out of frame to the left) were chasing it.<\/p>\n
<\/p>\n
There were two and only two components to our informal agreement, negotiated by email:<\/p>\n
\n- State Parks would have “one time use” of my Bald Eagle\u00a0image #4372\u00a0for their interpretive panel at the new nature center<\/li>\n
- For such use they would pay me my requested fee<\/li>\n<\/ul>\n
That was it – there were no other conditions agreed to, requested or even mentioned by either party. As per usual in these situations I expected to be sent a contract that reflected our agreement. I received the contract but what it reflected was something very different from what we’d agreed to. When I read it three paragraphs (below) in the Copyright License Agreement made my jaw drop, literally.<\/p>\n
\n- “I understand that the Department wants to use and reuse the Material, as the Department deems appropriate.”<\/li>\n
- “I hereby grant the Department an unrestricted, fully paid up, world-wide, irrevocable, perpetual license to use, reproduce, distribute, create derivative works, publicly display and perform the Material, in whole or in part, in any manner, for any purpose and in any medium now known or hereinafter invented.\u00a0 This right includes, but is not limited to, the right to copy, publish, distribute, alter and publicly display the Material for education, interpretation, advertising and other purposes consistent with the mission of the Department.”<\/li>\n
- “I understand that I will not receive any money for this license agreement or for any use described above.\u00a0 I understand that I will retain the copyrights to the\u00a0Material, but hereby grant an unrestricted license to the Department.”<\/li>\n<\/ul>\n
<\/p>\n
In a flash I was angry. I take my photography very seriously, my images mean a lot to me and I despise being duped or taken advantage of. I let myself cool down (a little) and then fired off the following email to Mary.<\/p>\n
<\/p>\n
\u201cMary,<\/em><\/p>\nYour request for my image was for a \u201cone time use\u201d by State Parks for the interpretive panels at xxx Recreation Area. I agreed to that use for a fee of $xxx.<\/em><\/p>\nThe contract you sent me stipulates the following:<\/em><\/p>\n* that I will \u201cnot receive any money\u201d for the image<\/em>
\n * that you have the right to alter my image<\/em>
\n * that you have the right to create \u201cderivative works \u201dfrom my image<\/em>
\n * that you have the right to use my image in any medium you like<\/em>
\n * that you have the right to use my image virtually any way you like, whenever you like, forever<\/em><\/p>\nThat\u2019s just not going to happen. Not for $xxx or for 10 times that much.<\/em><\/p>\nI don\u2019t know how the agreement you and I reached became altered to the bizarre terms stipulated here but I will not sign this contract.<\/em><\/p>\nSorry,<\/em>
\n Ron\u201d<\/em><\/p>\n <\/p>\n
I thought Mary responded professionally and appropriately. She said that she had questioned this contract in the past more than once with State Parks and that some other photographers had reacted to it the same way I did. But despite that, apparently State Parks had been insistent on using this contract for some time and hadn’t yielded. She told me that she would “find a resolution” and she did. A few days later Mary sent me a different and much more palatable contract, the germane portions of which I’ve listed below:<\/p>\n
\n- \n
Title of image<\/strong>: bald eagle eating mid-air<\/div>\n<\/li>\n- \n
Description of use<\/strong>: nonexclusive, one-time, one-format use at the recreation area<\/div>\n<\/li>\n- \n
Duration of use<\/strong>: indefinite.\u00a0 May be reproduced over the lifetime of the display<\/div>\n<\/li>\n- \n
Credit line to read<\/strong>: Copyright \u00a9\u00a0Ron Dudley<\/div>\n<\/li>\n- \n
Destination of image<\/strong>: interpretive panel<\/div>\n<\/li>\n- \n
License fee<\/strong>: $xxx<\/div>\n<\/li>\n<\/ul>\n <\/p>\n
I signed the contract, sent my image to Mary and received my fee. Mary and the design group were never an issue with me. She was professional, forthright, efficient and a delight to work with. I’d work with her again in a heartbeat. My problem was with the original State Parks contract, not with Mary.<\/p>\n
<\/p>\n
So, what’s my point with all this? My point is that photographers and other artists need not roll over and play dead when publishers and other organizations or individuals attempt to hold them hostage with outrageous contract stipulations. High end consumers of photography and other art know quality and they generally know what kind of product best fits their needs. But they’re also highly aware that many photographers are desperate for “exposure” and willing to accept almost any terms offered just to get their work published and in front of the public. I most definitely am not.<\/p>\n
Sure, I could have lost the sale and the “exposure” by refusing to sign the original contract but those folks knew what they wanted and when I made it clear that I would not accept their one-sided terms they immediately became more reasonable. It was a chance I was willing to take and I’d do it again, even if I knew up front that doing so would cause the deal to fall through.<\/p>\n
Just sayin’…<\/p>\n
Ron<\/p>\n
<\/p>\n
Note: As a photographer nothing gets my dander up more quickly than to receive in image request offering me only “credit” and\/or “exposure”. Invariably the author of such a request will receive one of the following smart-ass responses from me:<\/em><\/p>\n\n- If I wanted exposure I’d join a nudist colony.\u00a0<\/em><\/li>\n
- People die from exposure.<\/em><\/li>\n<\/ul>\n
Or just as likely I’ll completely ignore the request.\u00a0<\/em><\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Photographers and other artists definitely are NOT at the mercy of publishers and other consumers of their work. At least they don’t have to be.<\/p>\n
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