Question: Maximum size for licensing for brochures?

[aywy-s]

Hi all, an agency approached me and asked for licensing one of my images for "brochures only" for 3 years.

Some questions for the industry guys here:

(1) For brochure use is it true I shouldn't give the max resolution of the image. If so, what max resolution should I restrict it to? (Original image is > 4.5K pixels at longest edge.)

(2) They also asked if they can do a buy-out of the image but for brochure use only. I find this a curious suggestion because we get a situation where I no longer own the image but they get the ownership anyway - seems like a naive way to lower the buy-out price. I'm going to say "this option is not available, a complete buy-out is a complete buy-out". What do you guys think?


I don't want to sell at microstock prices so I'm toying with the idea of < $400 for option (1). (It is a "street" photo with "some stranger in the right position with interesting architecture in the background". Needless to say I got no model releases or anything.)


Thanks for all your advices!

Edit: Price is in USD

 

[kandinsky]

Hmmm, my guess: They're either honestly ignorant, or trying to smoke you.

The PLUS Glossary of Picture Licensing defines 'buy out' as:

An imprecise term used to describe acquisition of broad usage rights to a work, sometimes in a particular market or medium.

Additional Info:Buy Out is a slang term, often misinterpreted as a transfer of copyright ownership of a work from the copyright holder to the client or client's agent. In the absence of a specific copyright transfer agreement executed by the copyright holder there is no copyright transfer. If this term is used, an additional, precise list of rights granted or transferred should accompany any license.

PLUS Usability Rank: Discouraged
Preferred Term: Unlimited Use

source: http://www.useplus.com/useplus/glossary_term.asp?pggl=9&tmid=10600000

If you're wondering what the PLUS Glossary of Picture Licensing is:

Simple. Comprehensive. Universal. This Glossary puts into standardized language over 1000 licensing terms, definitions and uses, all mutually agreed upon by the widest and most diverse worldwide coalition of organizations and industry professionals in the history of image commerce.

http://www.useplus.com/useplus/glossary.asp

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Curious, is the stranger visually identifiable?

 

[sjackal]

Agreed with your (2). A buy out is a buy out. They are either naive (can tell them to save us the joke, they are an agency for heavens sake) or trying to scam you, don't you think?

Kandinsky brought up good points the strangers visually identifiable or not and another question is, if identifiable, is it one or a few persons in the picture, or a sea of many people?

On brochure sizes, you can export in lightroom 4X6 inches (4R sized pics) at dpi of 180 and they still will get a good print enough for brochure.

 

[aywy-s]

Thanks kandinsky and sjackal. We're coming to 3-year agreement. They are going to send me a PO to fill in billing info next.

After paper work is done - do I give out the image first, or wait for the money to be transferred before sending the image?

I'm thinking of using Dropbox to transfer the image - only share the link with the person I'm liaising with via Skype. Any suggestions for something that may be more professional? ;p


Thanks for the advices!


EDIT: The stranger in the picture occupies a small space - have to zoom in to identify. Even so may not be easily identifiable as the picture is monochrome and the stranger is well - dark-skinned. Like a particular part of a building, and this person standing there occupying maybe about 5%(or less) of the total image space. The "big empty space with one guy in a small space there" effect.

 

[sjackal]

give image first or take money first, it depends on your call.

I take into consideration reputation of that company, return/regular client or fresh client, amount of money, do they already have the image in some form, etc.

In your case they already have the image, albeit perhaps a low res one, if they bother to write you for licensing, do you think there is anything that suggest they will flake at the last minute?

 

[aywy-s]

Thanks all all the feedback so far! It's been an interesting learning journey for me. Managed to make a bit of cash out of it.

Most important lesson learned is to learn to write a terms and conditions license agreement, how to issue POs, understand legalities, etc. Still have a lot of homework to do in case the next lucky offer comes in. Maybe I'll have something cool to post here when I have the opportunity!