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Social Media photo use credit?


Motegi
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I have a question for anyone here who may have had a similar experience:

 

During a recent cruise I took a high resolution scenic landscape photo of the cruise ship that I posted onto my social media photography account.

 

I was approached by the cruise line asking to use the photo in their advertising. The terms of agreement that they provided show that if I allow this I would be releasing all use rights to the photo in perpetuity.

 

Should I ask for some sort of compensation (cruise voucher, OBC, etc) in exchange for perhaps providing the RAW image file?

 

Does anyone have experience with this type of thing?

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It probably also says you keep the copyright and the agreement is non-exclusive. Yes, I'd ask for something. If not monetary compensation possibly a signed release so you can sell it commercially yourself. No on the RAW image. A hi res JPG will be sufficient.

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Does anyone have experience with this type of thing?

As part of my job, I read many licenses for intellectual property. But I've never entered into that type of agreement as one of the parties.

 

The terms of agreement that they provided show that if I allow this I would be releasing all use rights to the photo in perpetuity.

Would you be relinquishing your rights to use your photo?

 

You can request changes to the language of the agreement. Instead of the agreement being "in perpetuity," you could limit it to a specific duration.

 

You could specify that they have non-exclusive rights to use, print, distribute, and reproduce the photo. That would still give you the right to use the photo (subject to limitations that I discuss below). If you exclude rights to sell the photo, that should limit their ability to use the photo for reasons beyond marketing. (For example, they couldn't put the photo onto postcards and calendars that they were going to sell.)

 

Should I ask for some sort of compensation (cruise voucher, OBC, etc) in exchange for perhaps providing the RAW image file?

It's certainly within your rights. I have no idea what would be fair compensation, however.

 

You could also include specific language that they agree that you have the rights to use that photo for whichever specific purposes you want. (Since their trademark/trade dress would feature prominently on the photo, you might want/need this right in order to use the photo as part of your promotional portfolio, or if you want to sell prints to someone else.)

 

Remember, you have the right to negotiate this contract.

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They want to use it to generate revenue from themselves, they should share that revenue with you. There is no way you just give them the image for free and "photo credit" is free...I have never been able to go to the bank and cash in or deposit a photo credit. I like framer's idea of a nice 7 nighter, maybe even something longer.

 

Since I am not a lawyer I won't even try and touch the wording in their offer beyond saying it is bad for you. Think of this as a business transaction and not an ego booster.

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