Joint Ownership Agreements

[colin.davis]

Hi Guys,

Long time fan, regular reader of banter, sometimes poster, still qualified newbie
I have started posting my photos on social media to gain exposure - facebook/instagram with some reasonable success. I have a website on zenfolio which as yet have not sold too many, but its still early.

I have just been contacted by a state tourism department regarding one of my photos wanting to negotiate to purchase under a Joint Ownership Agreement... So many questions This image has been shown on many of the tourism sites - state and country and I'm pretty proud of it.

I have had a brief read online and essentially I understand that it means that we both equally own the photo so they can sell and do anything/everything they want with it and I have no say once it is done. And it is not 'undo-able'

1. Has anyone had this experience?
2. What is the going price for something like this?
3. Is there anything I should look at doing
4. Should I offer them an alternative contract offer?
5. Does it mean I need to provide them with the Raw file or just the edited JPEG?

I do like the photo, but as I said I haven't made any money from it yet and I'm still junior. Any advice would be greatly appreciated.

 

[monkey44]

I would delete the "they can sell it" component -- unlimited use is not unusual on tourism sites as they change frequently and use same images in a variety of venues.

Only you can determine what to charge - how unusual is the image -- show us

 

[Mt Spokane Photography]

Since its not making any money now, why not start earning some? You are giving them the right to use it in media, perhaps even magazine advertisements and on items they may sell such as books, keychains, whatever. You will still have rights do sell it in the same way.

You might specify that you be credited in any print publications.

 

[MrFotoFool]

I have done both arrangements shooting for my city tourism bureau (both meaning unlimited use, as you are referring to, as well as pay per usage). If they want unlimited use, then the pay should be higher than one time use. Sadly, these days you have to take whatever you can get. Many traditional stock photo users now buy images from istockphoto or shutterstock instead, where they get unlimited use dirt cheap (way too cheap). So I agree with the above, let them use it indefinitely and take the money.

 

[colin.davis]

I am happy to consider selling it, I just don't want to be ripped off thoroughly.
I was thinking of asking $2,000-3000 (that is about USD 1,600-2400)
I know I will have the same rights as them, but their reach/audience, their exposure channels and their budget is much much bigger.
I was trying to see in the contract they sent me whether it specifies my name. I will have to check that.

Here is a lower quality version of the photo. The colours look much blander here for some reason.

 

[MrFotoFool]

That would be a very, very, very good return for your money. I would jump at that price if you can get it. It is certainly an excellent photo and you deserve the fee, but in today's market I don't know that you will get it. Sad to say, but I would not be surprised if they could buy a similar image from istock for a hundred bucks or less.

 

[bluemoon]

Time magazine pays $1k for their covers is what I heard from somebody who sold it to them.

Instead of co-ownership, offer them a license for unlimited use, and if you really have to, even resale rights. Make sure you get paid for any sales of the image they conduct.

pierre

 

[colin.davis]

Thanks for the support.

I know it sounds like a lot. Even in my head it sounds like a lot. And the fact of stock photos nowadays having pretty much every photo under the sun for situations means it sounds like even more.

But they are wanting to own it. Sure a licence I would look at much much less.

Time pays $1k for their covers okay. But do they buy the copyright? or just licence?

They off the cuff said $200 which I said was well below my idea. They asked me to respond with a return price which I have yet to reply.

I am thinking of stating $2,000 then saying I happy to offer for much less a licence and see where that goes.