Posts Tagged ‘firestorm’

The Real Value of Your Photography

26

Aug

2012

It’s nothing new in the world of photography to receive requests from hundreds of people over the course of a year if they are allowed use your image for free on various projects. While for the novice, this might be flattering, for any even halfway serious photographer it’s the worst kind of request. "Well, aren't you glad I asked and didn't just steal it? You just have to give it to me." — No, I don’t.

Honestly, I am actually more insulted when they ask to use an image for free than when just taking it. That way, I would at least have gotten a settlement claim out of it.

From time to time, a company or advertising agency licenses an image by going through the whole process with the required professionalism we photographers are thankful for. Clear terms, fair compensation for our work. Both sides happy. Very easy.

Apparently, this method proves to be rare, even to the largest companies out there… but read on.

I was recently asked by the [company’s product] OS Partnerships & Business Development team to license my image “Firestorm” to use in their upcoming OS update as a wallpaper choice and later on, in the same ways, in the [company’s product] browser and promotional material. I was beyond excited, not because of a huge check I saw in my near future but for such a large company recognizing my work. A company I trust with my daily online searches, personal data and much more; the company that probably knows more about me than I’d like to.

Fast forward to the licensing agreement I was asked to sign: NO COMPENSATION! Way to go, [company]. While I didn’t plan on retiring after licensing an image with [company], I was expecting at least a fair amount of compensation for a “Give us your image and we do whatever the f**k we want” kind of license.

After some serious consideration and various attempts, I could restrain myself and instead wrote a, what I think to be, moderate reply stating the following:

Dear Mrs. ___________,

I am not willing to accept the licensing agreement under the terms stated.

First off, when did [company] become a charitable organization?
Last time I checked, [company]'s yearly profit for the financial year 2011 was roughly US$ 10 billion with its stock price currently being the third highest in history. [Company] is not a small family owned business thinking everything on the internet is free. They should know better. Licensing images for wallpaper use always involves compensation. Apple, as well as Microsoft, paid the photographers for wallpapers they used in their operating systems well. (http://www.petapixel.com/2012/08/03/the-most-viewed-photo-of-all-time/ and http://www.petapixel.com/2010/04/06/the-photographers-behind-the-wallpapers/)

Why is [company] trying to claim usage rights without paying a fair amount?

I will not let my image go to a multi-million dollar S&P500 company for free. After all, it was you who approached me to license and use my photo in your browser operating system and possibly more than that, not vice versa.

[My licensing terms inserted here.]

In all honesty, would you be willing to work for free? Well, I certainly won't. Here's some further reading material, covering this exact situation: http://photoprofessionals.wordpress.com/

Looking forward to hearing back from you.

To me, it doesn’t come as a surprise I haven’t heard back from them and quite honestly, I don’t expect any kind of answer. The licensing contract they sent was a slap in the face of any photographer.

I ask you, my dear readers (who didn’t have a lot to read from me lately — sorry for that), would you be willing to work for free? Disregarding the industry. I blackened out the company’s name as I do not want start a bashing campaign or anything. I just needed to vent, inform people that even the largest tech companies out there with multi-billion dollar profits do NOT value the work of photographers.

That said, don’t sell yourself short. If I have learned one thing over the years, this is it.
I’d rather have no money in my pockets than knowing someone is falsely promoting their product with my image without paying a fair amount. No exorbitant high amount, a fair compensation.

Thanks for reading my ramblings and feel free to share with your friends, amateur and professional photographers alike, your grandma who might get a kick out of this or the advertising agency of your choice.

David