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View Full Version : Derivative usage rights to an image?



Dan Brown
01-13-2012, 11:01 AM
I haven't sold any image for a while but I have an opportunity to possibly do so this week for use in a bird guide. But the rights they are insisting on include a request for image use of "NON-EXCLUSIVE LICENSE", with some standard language, and - "THE RIGHT TO USE THE IMAGE IN ELECTRONIC VERSIONS, INCLUDING BUT NOT LIMITED TO SMARTPHONE/TABLET APPS AND ANY SIMILAR ELECTRONIC FORMAT". And, NO PAYMENT is being offered at this time!

So, they want to use a couple of my images - forever, in any form, FOR FREE!

Is this common?

ARE RIGHTS FOR USE ON THESE APPS BEING GIVEN UP FOR FREE?

I routinely allow free usage of my work to non-profits, but never for all rights! My first reaction is H3LL NO!

But then I think "the images aren't really that good and probably wouldn't be used for anything beyond the bird guide, unless the bird guide goes to a smartphone App. So, maybe I should cave and let them have the usage they want AND I GET ANOTHER MINOR PHOTO CREDIT TO MY NAME?

WHAT SHOULD I DO, CAVE IN OR SAY NO THANKS?

HELP MUCH NEEDED AND APPRECIATED!

Chris Ober
01-13-2012, 01:10 PM
Don't cave. They're going to be trying to make money by selling the app so don't let them make money off of you for free.

Dan Brown
01-13-2012, 01:16 PM
Thanks, Chris! I am leaning heavily towards at least getting some $'s. I still don't want to give so many rights, even for $!!!!!:eek3:

Dan Brown
01-22-2012, 11:26 PM
Well, I made a deal, got paypaled and gave too many rights but............the images will probably never be used again anyway.:c3: