Thread: to charge for use of image?

A photographer I have worked with very frequently in the past also makes his own music and has asked me if it is ok to use my image for the release of one of his singles. I normally give him permission to post my pictures on his flickr album and whatnot as examples of his work (he doesn't have his own website, that I'm aware of at least), and I never signed any model release of any kind during any of our shoots. But should using my image for this merit me getting a cut? If so, how do I go about saying that without offending him or anything, because I don't want it to be awkward because we do know each other. And if I should be charging something, how much should I charge? The single will be released for sale as an online download I believe.

Originally Posted by ZanaRaqs

A photographer I have worked with very frequently in the past also makes his own music and has asked me if it is ok to use my image for the release of one of his singles. But should using my image for this merit me getting a cut?

I'd probably propose a barter - either free or discount on the next photo session, depending on what price he normally charges you.

Originally Posted by *Shira*

I'd probably propose a barter - either free or discount on the next photo session, depending on what price he normally charges you.

that probably would be the simplest solution. thanks!

id prob say barter also. its hard to say w this one depending on yer area. w/o a model release things can get dicey because the water is grey on who owns the image. if it was a paid shoot u might where if it was done for free he might. its a whole murky water thing.

I'd still like to know what use of images costs, though. Any insight bhuzzers?

Originally Posted by Hala Jamal

I'd still like to know what use of images costs, though. Any insight bhuzzers?

Whatever the going rates are for models in your country.

Or, google "stock photography" and take a look at the rates charged by companies such as istock.com

Originally Posted by Callistaangel

id prob say barter also. its hard to say w this one depending on yer area. w/o a model release things can get dicey because the water is grey on who owns the image. if it was a paid shoot u might where if it was done for free he might. its a whole murky water thing.

Everything I'm about to say applies to U.S. law and could be different in other countries....

The water is actually pretty clear. The photographer owns the photo itself, but he doesn't own the right to do as he pleases with it. Ie, he can restrict the person in the photo from selling it to a musician to use on a belly dance CD, and he can restrict her from selling it to a publishing company to use on the cover of a book.

However, he is NOT at liberty to sell her image (or use it in his own advertising materials) either unless the contract between him and the person in the photo states that he can. (The original post said she did not sign a model release.)

He owns this particular photo, but not the right to "use" her image for anything other than delivering photos to her for her personal use.

She owns control over how her image is used, but not the rights to the photo. There are exceptions to this - for example, if she is involved in a newsmaking event (such as dancing in a restaurant on the night that the local newspaper's restaurant critic dines there and writes a review), then it is legitimate for a freelance photographer hired by the newspaper to take a picture of her to illustrate the review and sell it to the newspaper.

In order for the picture to be used in a commercial way (ie, to sell something), the photographer and the model must reach an agreement on whether it can be used, and if so, who pays whom how much. The contract usually specifies this. If there is no formal contract, the model and the photographer can use an exchange of email messages as documentation of what was agreed to.

It's normal for belly dancers to have contracts in place with photographers that permit the dancer to use the images in her promotional materials such as web sites, class flyers, business cards, etc. Depending on the photographer, the dancer may need to pay a fee for each picture used this way.

Photographers often ask people to sign model releases which give the photographers the right to sell the photos - even for stuff like family portraits, wedding pictures, etc. Often such model releases are a paragraph embedded in the full-length contract. The original poster said she did not sign one of these, which was wise. If you sign such a model release, the photographer can take any picture he wants from the shoot, even if it's horribly unflattering to you, and sell it for use in ads that could be embarrassing to you (such as condom ads, or a billboard advertising the local strip club), ads praising political agendas you find repugnant, etc, and you'll have no legal recourse.

agree with Shira ..

I have a dear friend on facebook, his site is Craig Ellenwood Photography he took some of the first photos of akai silks when I first arrived to Hawaii..the shoot for me was free, I'm free to use the images for commercial purposes and so is he. I never signed a model release..but again we are good friends. Once in awhile he needs a model for certain projects (like walking in the sand at the beach) and I'll do it for free because the handfuls of photos he provided to me are priceless for akai product promotion

He won an award in a Russian magazine using one of the photos he did with me for akai silks..he offered me money and I refused it. I told him to arrange a helicopter so we can fly to the highest peak in Oahu and do Goddess photos. Trades are great.

When resellers of akai silks want to use my photos, I just ask that they confirm with me first which ones they will be using. I can't allow them to use Craig's photos or Sarah Skinner's photos..but the rest are available. In fact the ones recently done by my boyfriend are being blown up to not-quite poster size for use at the kiosks in Waikiki..I think I bought him a beer in trade for a day of photo shoots :)

this is one of the photos they will be using at the kiosk..taken on a recent vacation trip to big island with boyfriend..my cost? nothing other than 'vacation' which we would have done anyways :)

For whatever it's worth, I've regularly bought images of dancers I am promoting for my event from various photographers. I've typically paid $25 or so. Sometimes less, sometimes more.