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Acquaintance wants to put a picture in a book, ask for payment?

S

slackerinabox

Lifer
A former classmate of my wife asked to use a picture that my wife has for a fictional book about a year ago - my wife then said sure and the picture was used.

This acquaintance now wants another photo for the follow up, and I'm thinking that, since she's [the author] is already published and on contract, my wife should ask for some sort of payment this time around.

Am I being a douchebag or is it fair to ask for some payment?
 
It is fair. Ask any photographer you know if they wouldn't mind giving their pictures away for free.

Put it this way: If your wife had a good idea for a story and this classmate said "I want to make this into a full story and sell it" then would you want payment?

Your wife is contributing. Maybe it is a small part, but it is a contribution and should be treated as such. Stock photographs can sell for a few dollars to a couple of hundred dollars...or even more.

What is the market for the book? How many sales will be made? Is it the only picture in the book or are there dozens? Take this into consideration, and at the very least ask for credit for the phot if you decide you don't want payment.

That photo is your wife's work and she should be rewarded.
 
Apple Of Sodom said:
It is fair. Ask any photographer you know if they wouldn't mind giving their pictures away for free.

Put it this way: If your wife had a good idea for a story and this classmate said "I want to make this into a full story and sell it" then would you want payment?

Your wife is contributing. Maybe it is a small part, but it is a contribution and should be treated as such. Stock photographs can sell for a few dollars to a couple of hundred dollars...or even more.

What is the market for the book? How many sales will be made? Is it the only picture in the book or are there dozens? Take this into consideration, and at the very least ask for credit for the phot if you decide you don't want payment.

That photo is your wife's work and she should be rewarded.
Click to expand...

Thank you for your thoughts, I definitely have ammunition to try to convince my wife to get at least credit. The first time around she had to sign a contract that said she (my wife) could never use the image again, etc. etc. which seemed a bit bullish, considering my wife wasn't getting any form of compensation. This time around a photo credit sounds like a fair thing to request.
 
Apple Of Sodom said:
It is fair. Ask any photographer you know if they wouldn't mind giving their pictures away for free.

Put it this way: If your wife had a good idea for a story and this classmate said "I want to make this into a full story and sell it" then would you want payment?

Your wife is contributing. Maybe it is a small part, but it is a contribution and should be treated as such. Stock photographs can sell for a few dollars to a couple of hundred dollars...or even more.

What is the market for the book? How many sales will be made? Is it the only picture in the book or are there dozens? Take this into consideration, and at the very least ask for credit for the phot if you decide you don't want payment.

That photo is your wife's work and she should be rewarded.
Click to expand...

This man speaks truth.
Would it be kind of a douche bag move? Sure, you are trying to capitalize on the success of the book. It's not out of line though.
 
freedomsbeat212 said:
Thank you for your thoughts, I definitely have ammunition to try to convince my wife to get at least credit. The first time around she had to sign a contract that said she (my wife) could never use the image again, etc. etc. which seemed a bit bullish, considering my wife wasn't getting any form of compensation. This time around a photo credit sounds like a fair thing to request.
Click to expand...

rofl why would she ever sign that?

seriously.

If they aren't willing to pay for her work then tell them to fuck off, there's no such thing as a free lunch, unless you let people take complete advantage of you. This seems to be a reoccuring theme in your posts.
 
illusion88 said:
This man speaks truth.
Would it be kind of a douche bag move? Sure, you are trying to capitalize on the success of the book. It's not out of line though.
Click to expand...

You guys seem in the know, is there a metric people go by as a minimum? For example, actors have SAG scale (the minimum amount per day on a set). Is there something similar for photography? We're not photographers and have no idea what to request..

Though I think my wife would be happy just with credit
 
Platypus said:
rofl why would she ever sign that?

seriously.

If they aren't willing to pay for her work then tell them to fuck off, there's no such thing as a free lunch, unless you let people take complete advantage of you. This seems to be a reoccuring theme in your posts.
Click to expand...

Well, they were closer than acquaintances back then and, to be honest, my wife was excited just to get her picture in a book.

As for letting people take advantage of me.. The book/pic thing was my wife's decision, before we were even married.. Me getting taken advantage of? Sure, I'm fat and insecure - it happened all the time, but I'm getting better 🙂
 
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Tell her you want royalties off every book sold. Wife's work is a part of the book and she is entitled to some portion of every single one sold. Or a one time payment that is acceptable to you.
 
Photographs are copyrighted work. The form your wife signed was the copyright transfer. The other party now owns the copyright. If your wife decides to use the photo then she can be sued for infringment.

My wife is a photographer. She, flat out, does not sell the copyrights to her photos. Your wife should do the same. Come up with a contract stating she still retains the rights to the photo and that it can be used in the book. This is much how stock photography works. Need a picture of someone swinging a gold club on your website? Go buy a stock photography.

I think your wife should be compensated somewhere around $100 for USE of the photo in the book AND they must still credit her. If they want the copyright I would say closer to $1000.
 
how about asking first?

If the pictures are for his own personal usages... then i dont see why you should charge the author.

If the author is making a money off it, a small royalty is not too much to ask for.

Afterall Royalty is calculated off sales.
 
Apple Of Sodom said:
Photographs are copyrighted work. The form your wife signed was the copyright transfer. The other party now owns the copyright. If your wife decides to use the photo then she can be sued for infringment.

My wife is a photographer. She, flat out, does not sell the copyrights to her photos. Your wife should do the same. Come up with a contract stating she still retains the rights to the photo and that it can be used in the book. This is much how stock photography works. Need a picture of someone swinging a gold club on your website? Go buy a stock photography.

I think your wife should be compensated somewhere around $100 for USE of the photo in the book AND they must still credit her. If they want the copyright I would say closer to $1000.
Click to expand...

Excellent advice - thank you so much!
 
freedomsbeat212 said:
Well, they were closer than acquaintances back then and, to be honest, my wife was excited just to get her picture in a book.

As for letting people take advantage of me.. The book/pic thing was my wife's decision, before we were even married.. Me getting taken advantage of? Sure, I'm fat and insecure - it happened all the time, but I'm getting better 🙂
Click to expand...

We have a little magazine in our state called Rural Light or something like that. It is sent out by an energy co-op. Anyhow, they submitted a request for photographs for covers and inside. $100 if your photo was published on the cover, $25 for each photograph inside the magazine. Keep in mind you retain the copyright to the photograph. Also, this is a monthly magazine that is sent out to members of the energy co-op...it isn't as if they are selling it.
 
Apple Of Sodom said:
Photographs are copyrighted work. The form your wife signed was the copyright transfer. The other party now owns the copyright. If your wife decides to use the photo then she can be sued for infringment.

My wife is a photographer. She, flat out, does not sell the copyrights to her photos. Your wife should do the same. Come up with a contract stating she still retains the rights to the photo and that it can be used in the book. This is much how stock photography works. Need a picture of someone swinging a gold club on your website? Go buy a stock photography.

I think your wife should be compensated somewhere around $100 for USE of the photo in the book AND they must still credit her. If they want the copyright I would say closer to $1000.
Click to expand...

Would a copyright transfer like that be legally enforceable though? I thought for a contract to be valid both parties had to receive some form of consideration.
 
freedomsbeat212 said:
Thank you for your thoughts, I definitely have ammunition to try to convince my wife to get at least credit. The first time around she had to sign a contract that said she (my wife) could never use the image again, etc. etc. which seemed a bit bullish, considering my wife wasn't getting any form of compensation. This time around a photo credit sounds like a fair thing to request.
Click to expand...

Wow - that person has some balls.
 
freedomsbeat212 said:
A former classmate of my wife asked to use a picture that my wife has for a fictional book about a year ago - my wife then said sure and the picture was used.

This acquaintance now wants another photo for the follow up, and I'm thinking that, since she's [the author] is already published and on contract, my wife should ask for some sort of payment this time around.

Am I being a douchebag or is it fair to ask for some payment?
Click to expand...

Oh, you got married. I remember you had a thread about your dating adventures way back when. It was entertaining to read that.
 
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