Interesting request

Seems these folks want to use the following photo. Here is their email. What do ya think?

Dear Mark,

We, Educational Publishing House Ltd, are a publishing company in Hong Kong. We produce local textbooks for students as well as other entertainment readings.

The previously mentioned photo of yours will be used in our new English publication called Step Up Word Cards to introduce the phrase 'play ball' to local elementary 2 students. The size of the cards are 8inch by 11.5inch (A4 size). If your photo was published, we would acknowledge you by putting your name and website address (if any) under the photo.

Upon agreeing to provide the photo, please kindly send the original file and how you would want to be acknowledged to msma@popularworld.com. If your photo was selected, we would be happy to send a set of the word cards to you.

Please feel free to contact me if you have any further questions.

Thank you again for your attention. Your help and consent to use the photo will be deeply appreciated.

Yours Sincerely,
Joyce Ma
Editor
Educational Publishing House Ltd, HK
www.ephhk.com
msma@popularworld.com
011 (852) 29429315

_________________

are you going to grant permission?

her parents agree. Her Dad is a Principal at an elementary school so I suspect they will be willing.

and great photo!

If they don't make a counter offer, walk.

This is a subsidiary of a publicly traded company. They're doing what they're doing to make money.

at least not in this case. In this case I want to get my hands on something memorable for Sarah.

800 - gads the most I've ever thought of charging was 250.

I would say to get a contract and get money but if you don't want to then don't worry about it. Just make sure you allow them only one time rights for the text book and nothing else without written permission and that you retain the copyright and usage rights. Copyright and usage rights are very important plus with it being a child's picture I would want it in writing that all usage must be pre-approved by me.

That would surely be memorable - I'm sure she'd get a huge thrill.

Businesses are in the process of trying to do to creative professionals (in many cases they already have) what has already been done to blue collar, skilled workers: eliminate the expense. This company *knows* the monetary value of that photo because they've paid these fees before, to people who do it for a living. They're counting on the big thrill factor to skate on a fee. They aren't giving away the textbooks, are they?

I would be sending them an invoice and a letter saying that the copyright is YOURS and if they want to use their photo, they'll have to pay for it. One time use only, if they update the cards in the future, they need to pay you royalties. If they use that photo in another project, they need to pay you another usage fee.

I hate it when companies try to screw photographers over by pretending our work isn't worthy of being paid for. But that's just me.

I go back and forth on this. Artists get solicited all the time for 'donations' to worthy and honorable causes. I have gone along with it occasionally because I think it might be a good opportunity to have my work get some added visibility or because I support the cause. However, all the times I've done it, very little has come of it. The group gets the money from the auction and I get a thank you note and a tax deduction. Sometimes someone will compliment me on the piece but it sort of ends there.

A friend of mine donated a piece for fundraiser, then the group ended up cutting off part of it and using it in an ad for some product they were hawking at the event. His piece was ruined, he was pissed but really had no recourse.

Your work is really really good and you should receive something more than just an acknowledgment. But that is just my opinion.

BTW, that's a terrific shot.

IMO.

As others have said, I would make sure the contract is for first publication rights only - and I would insist on at least a nominal fee. As far as I know, if you don't make it clear that the rights are just for this production and request a small fee (even as little as $1) then you risk losing the image to the public domain. I know that's how it works in publishing, and I assume it works the same way in photography.

Congrats again! :woohoo:

is that it can be such an education. Boy do I feel like I just got schooled :-)

Thanks all!

cause we like you!

the joy out of it. Wouldn't want to do that but we do want you to look out for your interest. :) I have been reading too much about rights and contracts lately (might as well learn some business stuff while trapped) and it has been interesting but did make me think of that second after the WOW great part. If companies are contacting known pros and trying to sweet talk them into lower fees and con them with strange contractual wording to get more rights than paid for of course they are going to try it on us amateurs.

do in photography does not make it less fun... that is, if you have fun doing it

I have been down the road where making pictures everyday can be a drag, if you let it become one. But, I was then young and dumb. now I am old and dumb, but I still like making a buck here and there with pictures.

See if they will spring for some money, it can't hurt. If they refuse, then let them find a better pic.... I doubt they will.

I really appreciated the feedback. On this one it appears I was an easy "Mark" :-)

Why else do you think I would be reading business books? The trapped with no usable feet just keeps me from running away and avoiding it but it is still slow slogging through. It is informative but slow reading.