Ad
Ad
Ad
Pages: [1]   Bottom of Page
Print
Author Topic: Television show wants to use my images  (Read 2659 times)
JohnBrew
Sr. Member
****
Offline Offline

Posts: 721


WWW
« on: December 05, 2012, 06:20:58 AM »
ReplyReply

I've been contacted by a television drama series about using four of my images on their sets. They want me to sign an exclusivity clause which I understand is common. However the agreement seems pretty well one-sided in that they don't mention me retaining copyright, which I would assume I do, and the unrefrained use by any of their employees of my images in perpetuity. And I only get what I can charge them initially. I'm left scratching my head over whether I can continue to sell the images in galleries.
Any advice appreciated.
Logged

RFPhotography
Guest
« Reply #1 on: December 05, 2012, 09:12:17 AM »
ReplyReply

Don't 'assume' anything.  While the channel may not want to take over your copyright, if you want to be sure, have it spelled out in the contract.

As far as usage, that too should all be spelled out in the contract.  If you want to limit their use then that needs to be addressed.  It's really no different from any other commercial licensing agreement.  If you want them to only be able to use the image on the set of a particular program then that should be spelled out.  If they want to use the image for any other purposes (i.e., on their website or in promotion of the TV program) then that needs to be spelled out and you should be compensated accordingly.  If you want to limit the use to a particular season of the show or group of episodes then that needs to be spelled out.

There are a couple of stock photo price calculators available on the web but unfortunately neither have anything for television use.

That the agreement they have provided is one-sided isn't surprising.  Best bet is to consult an IP or entertainment lawyer to assist you.
Logged
petermfiore
Sr. Member
****
Online Online

Posts: 491



WWW
« Reply #2 on: December 05, 2012, 09:53:48 AM »
ReplyReply

Often clients ask for the "world" not knowing what rights they need to secure. I tell them they can't afford all rights. That  always gets their attention and starts a real conversation with with more clarity. They will come back with what rights they really need from you.
Then you can negotiate a fair price.


Peter
Logged

bill t.
Sr. Member
****
Offline Offline

Posts: 2693


WWW
« Reply #3 on: December 05, 2012, 11:45:50 AM »
ReplyReply

Their is nothing more ephemeral that a TV or motion picture production company.  At the end of production they are swept into a black hole never to be seen or heard from again.  Whatever longer lived company picks up the product will disclaim all knowledge or responsibility for anything you negotiated with the now evaporated production entity.  Always get paid up front, and make sure the check is big enough to compensate you for your worst fears.  This I know from experience.
Logged
JohnBrew
Sr. Member
****
Offline Offline

Posts: 721


WWW
« Reply #4 on: December 05, 2012, 11:53:14 AM »
ReplyReply

Thanks, everyone for your input. I've worked with television production companies before, just not with my photography. In my experience they will do whatever it takes to get what they want and then leave someone else to clean up the mess. At least this production company is now in year five of this show and have mostly left a good impression in the area. I've got most of what I want in writing so we are now discussing price and delivery.
Logged

TMARK
Sr. Member
****
Offline Offline

Posts: 1834


« Reply #5 on: December 05, 2012, 01:03:03 PM »
ReplyReply

Production companies want security, so that syndication or other rights to the show can't be held up by you suing.  They have insurance for this.  In my experience, from both a photographer and a former partner in a production company, make sure everything is in writing, and, as someone else posted above, that the check is big enough for you to have them rip you off, be it intentionally or unintentionally.  My experience is that its usually the latter.
Logged
LesPalenik
Sr. Member
****
Offline Offline

Posts: 413


WWW
« Reply #6 on: December 05, 2012, 02:17:39 PM »
ReplyReply

TV company will ask for everything - exclusivity, one initial payment, and lowest possible price.
When it boils down to the essentials - all they need, is your permission to use the image (not necessarily exclusively) and mutually reasonable price so that can include the license fee in their production budget.
If is is a series, the price should be in low thousands. (few hundreds of dollars per episode with a cut-off point after 6 or 10 segments).
 
Logged

JohnBrew
Sr. Member
****
Offline Offline

Posts: 721


WWW
« Reply #7 on: December 05, 2012, 07:48:12 PM »
ReplyReply

Believe it or not the production company actually raised my price! I'm really only getting positive vibes from these people. I know, I know, not the norm by any means, but they have bent over backward to accomodate me, even accepting an alternative image when one of my files showed up corrupted. So I'll take away from this that previous experiences are not always indicative of the present.
Logged

TMARK
Sr. Member
****
Offline Offline

Posts: 1834


« Reply #8 on: December 06, 2012, 01:50:00 PM »
ReplyReply

Believe it or not the production company actually raised my price! I'm really only getting positive vibes from these people. I know, I know, not the norm by any means, but they have bent over backward to accomodate me, even accepting an alternative image when one of my files showed up corrupted. So I'll take away from this that previous experiences are not always indicative of the present.

Good to hear!
Logged
Sharon Van Lieu
Sr. Member
****
Offline Offline

Posts: 376


Nantucket Landscape and Architectural Photographer


WWW
« Reply #9 on: December 06, 2012, 03:57:51 PM »
ReplyReply

Congratulations, John! That is great news.

Sharon
Logged

KevinA
Sr. Member
****
Offline Offline

Posts: 898


WWW
« Reply #10 on: January 19, 2013, 05:47:53 AM »
ReplyReply

I've been contacted by a television drama series about using four of my images on their sets. They want me to sign an exclusivity clause which I understand is common. However the agreement seems pretty well one-sided in that they don't mention me retaining copyright, which I would assume I do, and the unrefrained use by any of their employees of my images in perpetuity. And I only get what I can charge them initially. I'm left scratching my head over whether I can continue to sell the images in galleries.
Any advice appreciated.
Wrong way round, they sign the contract you want. It's your product you sell at the rate you want. Never be afraid to walk away from a deal, it pays in the long run.

Kevin.
Logged

Kevin.
Tony Jay
Sr. Member
****
Offline Offline

Posts: 2045


« Reply #11 on: January 19, 2013, 06:04:21 AM »
ReplyReply

Those are pathetic terms - I would not sign that contract.
Renegotiate!

Tony Jay
Logged
JohnBrew
Sr. Member
****
Offline Offline

Posts: 721


WWW
« Reply #12 on: January 19, 2013, 08:59:30 AM »
ReplyReply

Tony, fyi I have a document from the production group which spells each and every part of the contract out in layman's terms. I'm happy with how the process went and they have sent me pictures of the set with my work displayed on the walls. The show is "Army Wives" and premiers March 6 on the Lifetime channel.
Logged

bill t.
Sr. Member
****
Offline Offline

Posts: 2693


WWW
« Reply #13 on: January 19, 2013, 01:50:28 PM »
ReplyReply

Whatever else, congratulations John!  It will be fun to see your work on the tube, and it will give you a great back-story for pitching your artwork.  I've rented a lot of framed pieces as props to features and shows like "Breaking Bad." It's a hoot when my customers tell me they've recognized them.
Logged
Tony Jay
Sr. Member
****
Offline Offline

Posts: 2045


« Reply #14 on: January 19, 2013, 04:36:54 PM »
ReplyReply

Tony, fyi I have a document from the production group which spells each and every part of the contract out in layman's terms. I'm happy with how the process went and they have sent me pictures of the set with my work displayed on the walls. The show is "Army Wives" and premiers March 6 on the Lifetime channel.
I gave my opinion based on the your original post.
I have no idea what actually transpired.
Perhaps you agreed to those original terms, I don't know.
You asked for opinions - I gave mine.

Tony Jay
Logged
JohnBrew
Sr. Member
****
Offline Offline

Posts: 721


WWW
« Reply #15 on: January 20, 2013, 08:07:15 AM »
ReplyReply

Tony, I thank you for your input. Believe me it was taken under consideration. I had a lawyer look at the contract, then I contacted them about some of the terminology. After all that, the deal was done. I feel lucky.
Logged

Justan
Sr. Member
****
Offline Offline

Posts: 1876


WWW
« Reply #16 on: January 20, 2013, 12:13:06 PM »
ReplyReply

... recognized them.

Thought so.
Logged

Slobodan Blagojevic
Sr. Member
****
Offline Offline

Posts: 5508



WWW
« Reply #17 on: January 20, 2013, 12:23:41 PM »
ReplyReply

... I've rented a lot of framed pieces as props to features and shows like "Breaking Bad."...

THAT'S why they looked familiar!
Logged

Slobodan

Flickr
500px
Pages: [1]   Top of Page
Print
Jump to:  

Ad
Ad
Ad