Re: Image Sale Qustion

2010-12-14 Thread Bob Sullivan
Jack,
I know the guy who owns the Point Beer brewery in Wisconsin.
There are lots of federal rules / hurdles for the craft brewers like
you can't ship out of state,
you can only produce X number of barrels before new tax rates apply,
So I might consider some geographic restriction like Calif. only.
Regards,  Bob S.

On Mon, Dec 13, 2010 at 2:18 PM, Jack Davis  wrote:
> I'm looking for some advice. I have an individual asking to buy an image for 
> use by a small malt and beer brewery he is planning to start.
> His idea is to have my image augmented by some expeditious retouching..he 
> calls it. He wants to add a couple Egrets to a rural sunset scene.
> It would be used as a product label as well as for advertising, signage or...?
> I told him not to bother with photo credit. Especially since it will be 
> altered somewhat.
> He is now asking for clarification as to his unlimited free use of the image 
> henceforth. From his standpoint, I really don't see how it can be any other 
> way. How long "henceforth" will be is, of course, the grand unknown.
>
> I've suggested, and I believe is is fine with, a 10 MB email attachment.
>
> Any thoughts? It's a different sort of sale and I may be overlooking 
> something.
>
> Jack
>
>
>
>
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Re: Image Sale Qustion

2010-12-14 Thread Jack Davis
Damn! I forgot to negotiate the "pint" condition. 
Thanks, Larry. I'll get my attorney on it right away. ;)

Jack 

--- On Mon, 12/13/10, Larry Colen  wrote:

> From: Larry Colen 
> Subject: Re: Image Sale Qustion
> To: "Pentax-Discuss Mail List" 
> Date: Monday, December 13, 2010, 10:10 PM
> 
> On Dec 13, 2010, at 9:54 PM, Boris Liberman wrote:
> 
> > On 12/13/2010 10:18 PM, Jack Davis wrote:
> >> ... He is now asking for clarification as to his
> unlimited free use
> >> of the image henceforth. From his standpoint, I
> really don't see how
> >> it can be any other way. How long "henceforth"
> will be is, of course,
> >> the grand unknown.
> > 
> > Jack, I think that it this new brewery is successful,
> that individual will gain much while you are going to gain
> nothing. I am thinking that you could suggest to hand over
> the rights to the image to them but the price would be a
> percentage from any bottle/can/whatever of beer he sells. A
> royalty of some kind.
> > 
> > I think that making it one payment sale whereas you
> retain the rights is not the most beneficial course of
> action for you.
> > 
> > Obviously, such things would have to be negotiated in
> a proper manner.
> 
> Small businesses are in very tight straits right now. If
> this brewery has a brewpub as part of it, he should get a
> reasonable amount for the use of the photo, plus any day
> that he goes to the pub, he gets a free pint.
> 
> 
> --
> Larry Colen l...@red4est.com
> sent from i4est
> 
> 
> 
> 
> 
> -- 
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Re: Image Sale Qustion

2010-12-14 Thread Boris Liberman

On 12/14/2010 4:08 PM, Jack Davis wrote:

Thanks, Boris. This is a fledgling "dream" at this point with very
limited funds driving it. My strategy is that, if successful, by his
definition, he'll want exclusive use and a larger file. At that point
I am prepared to relinquish all rights, but, obviously, at a
substantial price. It is my most successful local image in terms of
sales. I'm wishing him much success.

Jack


Jack, obviously, I am not familiar with this kind of opportunities and I 
am less successful a photog than you are. But at least from pure 
pragmatic logic this would be my goal. Even if I don't reach it and 
settle for something less, it would be worth to try.


Boris

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Re: Image Sale Qustion

2010-12-14 Thread Jack Davis
Thanks, Boris. This is a fledgling "dream" at this point with very limited 
funds driving it. My strategy is that, if successful, by his definition, he'll 
want exclusive use and a larger file. At that point I am prepared to relinquish 
all rights, but, obviously, at a substantial price. It is my most successful 
local image in terms of sales.
I'm wishing him much success.

Jack

--- On Mon, 12/13/10, Boris Liberman  wrote:

> From: Boris Liberman 
> Subject: Re: Image Sale Qustion
> To: "Pentax-Discuss Mail List" 
> Date: Monday, December 13, 2010, 9:54 PM
> On 12/13/2010 10:18 PM, Jack Davis
> wrote:
> > ... He is now asking for clarification as to his
> unlimited free use
> > of the image henceforth. From his standpoint, I really
> don't see how
> > it can be any other way. How long "henceforth" will be
> is, of course,
> > the grand unknown.
> 
> Jack, I think that it this new brewery is successful, that
> individual will gain much while you are going to gain
> nothing. I am thinking that you could suggest to hand over
> the rights to the image to them but the price would be a
> percentage from any bottle/can/whatever of beer he sells. A
> royalty of some kind.
> 
> I think that making it one payment sale whereas you retain
> the rights is not the most beneficial course of action for
> you.
> 
> Obviously, such things would have to be negotiated in a
> proper manner.
> 
> Boris
> 
> -- PDML Pentax-Discuss Mail List
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> http://pdml.net/mailman/listinfo/pdml_pdml.net
> to UNSUBSCRIBE from the PDML, please visit the link
> directly above and follow the directions.
> 


  

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Re: Image Sale Qustion

2010-12-14 Thread David Parsons
I would never agree to that as a business owner.  It'd be like paying
a vendor a nominal charge and telling them they could sit for free
portraits whenever they want.

On Tue, Dec 14, 2010 at 1:10 AM, Larry Colen  wrote:
>
> On Dec 13, 2010, at 9:54 PM, Boris Liberman wrote:
>
>> On 12/13/2010 10:18 PM, Jack Davis wrote:
>>> ... He is now asking for clarification as to his unlimited free use
>>> of the image henceforth. From his standpoint, I really don't see how
>>> it can be any other way. How long "henceforth" will be is, of course,
>>> the grand unknown.
>>
>> Jack, I think that it this new brewery is successful, that individual will 
>> gain much while you are going to gain nothing. I am thinking that you could 
>> suggest to hand over the rights to the image to them but the price would be 
>> a percentage from any bottle/can/whatever of beer he sells. A royalty of 
>> some kind.
>>
>> I think that making it one payment sale whereas you retain the rights is not 
>> the most beneficial course of action for you.
>>
>> Obviously, such things would have to be negotiated in a proper manner.
>
> Small businesses are in very tight straits right now. If this brewery has a 
> brewpub as part of it, he should get a reasonable amount for the use of the 
> photo, plus any day that he goes to the pub, he gets a free pint.
>
>
> --
> Larry Colen l...@red4est.com sent from i4est
>
>
>
>
>
> --
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> to UNSUBSCRIBE from the PDML, please visit the link directly above and follow 
> the directions.
>



-- 
David Parsons Photography
http://www.davidparsonsphoto.com

Aloha Photographer Photoblog
http://alohaphotog.blogspot.com/

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Re: Image Sale Qustion

2010-12-13 Thread Larry Colen

On Dec 13, 2010, at 9:54 PM, Boris Liberman wrote:

> On 12/13/2010 10:18 PM, Jack Davis wrote:
>> ... He is now asking for clarification as to his unlimited free use
>> of the image henceforth. From his standpoint, I really don't see how
>> it can be any other way. How long "henceforth" will be is, of course,
>> the grand unknown.
> 
> Jack, I think that it this new brewery is successful, that individual will 
> gain much while you are going to gain nothing. I am thinking that you could 
> suggest to hand over the rights to the image to them but the price would be a 
> percentage from any bottle/can/whatever of beer he sells. A royalty of some 
> kind.
> 
> I think that making it one payment sale whereas you retain the rights is not 
> the most beneficial course of action for you.
> 
> Obviously, such things would have to be negotiated in a proper manner.

Small businesses are in very tight straits right now. If this brewery has a 
brewpub as part of it, he should get a reasonable amount for the use of the 
photo, plus any day that he goes to the pub, he gets a free pint.


--
Larry Colen l...@red4est.com sent from i4est





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Re: Image Sale Qustion

2010-12-13 Thread Boris Liberman

On 12/13/2010 10:18 PM, Jack Davis wrote:

... He is now asking for clarification as to his unlimited free use
of the image henceforth. From his standpoint, I really don't see how
it can be any other way. How long "henceforth" will be is, of course,
the grand unknown.


Jack, I think that it this new brewery is successful, that individual 
will gain much while you are going to gain nothing. I am thinking that 
you could suggest to hand over the rights to the image to them but the 
price would be a percentage from any bottle/can/whatever of beer he 
sells. A royalty of some kind.


I think that making it one payment sale whereas you retain the rights is 
not the most beneficial course of action for you.


Obviously, such things would have to be negotiated in a proper manner.

Boris

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Re: Image Sale Qustion

2010-12-13 Thread Jack Davis
Right! buahahahaha!

Jacj

--- On Mon, 12/13/10, Peter Loveday  wrote:

> From: Peter Loveday 
> Subject: Re: Image Sale Qustion
> To: "Pentax-Discuss Mail List" 
> Date: Monday, December 13, 2010, 4:32 PM
> Well, it gives you the option to sell
> the same image to his competitor, and he can't even sue for
> copyright, he doesn't hold it :)
> 
> - Peter
> 
> -Original Message- From: Jack Davis
> Sent: Tuesday, December 14, 2010 11:00 AM
> To: Pentax-Discuss Mail List
> Subject: Re: Image Sale Qustion
> 
> Not enough money was involved for me to release all rights.
> He is aware that I have a much larger file that would offer
> he and his graphics guy many more options. If he reaches a
> point in this fledgling hopeful effort, I'll be ready for
> him.
> 
> Jack
> 
> --- On Mon, 12/13/10, paul stenquist 
> wrote:
> 
> > From: paul stenquist 
> > Subject: Re: Image Sale Qustion
> > To: "Pentax-Discuss Mail List" 
> > Date: Monday, December 13, 2010, 2:22 PM
> > Sell them all rights for as much as
> > you can get.. Money talks. But some money is better
> than no
> > money, so negotiate hard, then take what they're
> willing to
> > give.
> > Paul
> > 
> > 
> > On Dec 13, 2010, at 3:52 PM, Jack Davis wrote:
> > 
> > > Thanks, David. There is no print involved, it's
> the
> > image use I'm selling along with the freedom for it to
> be
> > altered.
> > > I'm retaining all rights.
> > >
> > > Jack
> > >
> > > --- On Mon, 12/13/10, David Parsons 
> > wrote:
> > >
> > >> From: David Parsons 
> > >> Subject: Re: Image Sale Qustion
> > >> To: "Pentax-Discuss Mail List" 
> > >> Date: Monday, December 13, 2010, 12:36 PM
> > >> Use as a product label?
> > >> Perpetual, unlimited usage?  Those are
> big
> > >> ticket licensing issues.
> > >>
> > >> Check out fotoQuote for realistic quotes
> based on
> > how long
> > >> he wants to
> > >> license the picture, how many labels he plans
> to
> > print
> > >> using the
> > >> picture, and other ancillary usage.
> > >>
> > >> You really need to nail down the details and
> have
> > a proper
> > >> legal
> > >> contract drawn up that has all the terms
> spelled
> > out.
> > >>
> > >> Don't look at this as selling a print, you
> are
> > licensing a
> > >> picture and
> > >> you need to make sure that you aren't
> leaving
> > money on the
> > >> table by
> > >> giving your picture away, or thinking that
> you are
> > in a
> > >> weak position.
> > >>
> > >> On Mon, Dec 13, 2010 at 3:18 PM, Jack Davis
> 
> > >> wrote:
> > >>> I'm looking for some advice. I have an
> > individual
> > >> asking to buy an image for use by a small
> malt and
> > beer
> > >> brewery he is planning to start.
> > >>> His idea is to have my image augmented
> by
> > some
> > >> expeditious retouching..he calls it. He wants
> to
> > add a
> > >> couple Egrets to a rural sunset scene.
> > >>> It would be used as a product label as
> well as
> > for
> > >> advertising, signage or...?
> > >>> I told him not to bother with photo
> credit.
> > Especially
> > >> since it will be altered somewhat.
> > >>> He is now asking for clarification as to
> his
> > unlimited
> > >> free use of the image henceforth. From his
> > standpoint, I
> > >> really don't see how it can be any other way.
> How
> > long
> > >> "henceforth" will be is, of course, the
> grand
> > unknown.
> > >>>
> > >>> I've suggested, and I believe is is fine
> with,
> > a 10 MB
> > >> email attachment.
> > >>>
> > >>> Any thoughts? It's a different sort of
> sale
> > and I may
> > >> be overlooking something.
> > >>>
> > >>> Jack
> > >>>
> > >>>
> > >>>
> > >>>
> > >>> --
> > >>> PDML Pentax-Discuss Mail List
> > >>> PDML@pdml.net
> > >>> http://pdml.net/mailman/listinfo/pdml_pdml.net
> > >

Re: Image Sale Qustion

2010-12-13 Thread paul stenquist

On Dec 13, 2010, at 7:30 PM, Jack Davis wrote:

> Not enough money was involved for me to release all rights. He is aware that 
> I have a much larger file that would offer he and his graphics guy many more 
> options. If he reaches a point in this fledgling hopeful effort, I'll be 
> ready for him.
> 
> Jack
> 
Given the circumstances, that makes sense.
Paul

> --- On Mon, 12/13/10, paul stenquist  wrote:
> 
>> From: paul stenquist 
>> Subject: Re: Image Sale Qustion
>> To: "Pentax-Discuss Mail List" 
>> Date: Monday, December 13, 2010, 2:22 PM
>> Sell them all rights for as much as
>> you can get.. Money talks. But some money is better than no
>> money, so negotiate hard, then take what they're willing to
>> give. 
>> Paul
>> 
>> 
>> On Dec 13, 2010, at 3:52 PM, Jack Davis wrote:
>> 
>>> Thanks, David. There is no print involved, it's the
>> image use I'm selling along with the freedom for it to be
>> altered.
>>> I'm retaining all rights.
>>> 
>>> Jack
>>> 
>>> --- On Mon, 12/13/10, David Parsons 
>> wrote:
>>> 
>>>> From: David Parsons 
>>>> Subject: Re: Image Sale Qustion
>>>> To: "Pentax-Discuss Mail List" 
>>>> Date: Monday, December 13, 2010, 12:36 PM
>>>> Use as a product label? 
>>>> Perpetual, unlimited usage?  Those are big
>>>> ticket licensing issues.
>>>> 
>>>> Check out fotoQuote for realistic quotes based on
>> how long
>>>> he wants to
>>>> license the picture, how many labels he plans to
>> print
>>>> using the
>>>> picture, and other ancillary usage.
>>>> 
>>>> You really need to nail down the details and have
>> a proper
>>>> legal
>>>> contract drawn up that has all the terms spelled
>> out.
>>>> 
>>>> Don't look at this as selling a print, you are
>> licensing a
>>>> picture and
>>>> you need to make sure that you aren't leaving
>> money on the
>>>> table by
>>>> giving your picture away, or thinking that you are
>> in a
>>>> weak position.
>>>> 
>>>> On Mon, Dec 13, 2010 at 3:18 PM, Jack Davis 
>>>> wrote:
>>>>> I'm looking for some advice. I have an
>> individual
>>>> asking to buy an image for use by a small malt and
>> beer
>>>> brewery he is planning to start.
>>>>> His idea is to have my image augmented by
>> some
>>>> expeditious retouching..he calls it. He wants to
>> add a
>>>> couple Egrets to a rural sunset scene.
>>>>> It would be used as a product label as well as
>> for
>>>> advertising, signage or...?
>>>>> I told him not to bother with photo credit.
>> Especially
>>>> since it will be altered somewhat.
>>>>> He is now asking for clarification as to his
>> unlimited
>>>> free use of the image henceforth. From his
>> standpoint, I
>>>> really don't see how it can be any other way. How
>> long
>>>> "henceforth" will be is, of course, the grand
>> unknown.
>>>>> 
>>>>> I've suggested, and I believe is is fine with,
>> a 10 MB
>>>> email attachment.
>>>>> 
>>>>> Any thoughts? It's a different sort of sale
>> and I may
>>>> be overlooking something.
>>>>> 
>>>>> Jack
>>>>> 
>>>>> 
>>>>> 
>>>>> 
>>>>> --
>>>>> PDML Pentax-Discuss Mail List
>>>>> PDML@pdml.net
>>>>> http://pdml.net/mailman/listinfo/pdml_pdml.net
>>>>> to UNSUBSCRIBE from the PDML, please visit the
>> link
>>>> directly above and follow the directions.
>>>>> 
>>>> 
>>>> 
>>>> 
>>>> -- 
>>>> David Parsons Photography
>>>> http://www.davidparsonsphoto.com
>>>> 
>>>> Aloha Photographer Photoblog
>>>> http://alohaphotog.blogspot.com/
>>>> 
>>>> -- 
>>>> PDML Pentax-Discuss Mail List
>>>> PDML@pdml.net
>>>> http://pdml.net/mailman/listinfo/pdml_pdml.net
>>>> to UNSUBSCRIBE from the PDML, please visit the
>> link
>>>> directly above and follow the directions.
>>>> 
>>> 
>>> 
>>> 
>>> 
>>> 
>>> -- 
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>>> to UNSUBSCRIBE from the PDML, please visit the link
>> directly above and follow the directions.
>> 
>> 
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>> 
> 
> 
> 
> 
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Re: Image Sale Qustion

2010-12-13 Thread Peter Loveday
Well, it gives you the option to sell the same image to his competitor, and 
he can't even sue for copyright, he doesn't hold it :)


- Peter

-Original Message- 
From: Jack Davis

Sent: Tuesday, December 14, 2010 11:00 AM
To: Pentax-Discuss Mail List
Subject: Re: Image Sale Qustion

Not enough money was involved for me to release all rights. He is aware that 
I have a much larger file that would offer he and his graphics guy many more 
options. If he reaches a point in this fledgling hopeful effort, I'll be 
ready for him.


Jack

--- On Mon, 12/13/10, paul stenquist  wrote:


From: paul stenquist 
Subject: Re: Image Sale Qustion
To: "Pentax-Discuss Mail List" 
Date: Monday, December 13, 2010, 2:22 PM
Sell them all rights for as much as
you can get.. Money talks. But some money is better than no
money, so negotiate hard, then take what they're willing to
give.
Paul


On Dec 13, 2010, at 3:52 PM, Jack Davis wrote:

> Thanks, David. There is no print involved, it's the
image use I'm selling along with the freedom for it to be
altered.
> I'm retaining all rights.
>
> Jack
>
> --- On Mon, 12/13/10, David Parsons 
wrote:
>
>> From: David Parsons 
>> Subject: Re: Image Sale Qustion
>> To: "Pentax-Discuss Mail List" 
>> Date: Monday, December 13, 2010, 12:36 PM
>> Use as a product label?
>> Perpetual, unlimited usage?  Those are big
>> ticket licensing issues.
>>
>> Check out fotoQuote for realistic quotes based on
how long
>> he wants to
>> license the picture, how many labels he plans to
print
>> using the
>> picture, and other ancillary usage.
>>
>> You really need to nail down the details and have
a proper
>> legal
>> contract drawn up that has all the terms spelled
out.
>>
>> Don't look at this as selling a print, you are
licensing a
>> picture and
>> you need to make sure that you aren't leaving
money on the
>> table by
>> giving your picture away, or thinking that you are
in a
>> weak position.
>>
>> On Mon, Dec 13, 2010 at 3:18 PM, Jack Davis 
>> wrote:
>>> I'm looking for some advice. I have an
individual
>> asking to buy an image for use by a small malt and
beer
>> brewery he is planning to start.
>>> His idea is to have my image augmented by
some
>> expeditious retouching..he calls it. He wants to
add a
>> couple Egrets to a rural sunset scene.
>>> It would be used as a product label as well as
for
>> advertising, signage or...?
>>> I told him not to bother with photo credit.
Especially
>> since it will be altered somewhat.
>>> He is now asking for clarification as to his
unlimited
>> free use of the image henceforth. From his
standpoint, I
>> really don't see how it can be any other way. How
long
>> "henceforth" will be is, of course, the grand
unknown.
>>>
>>> I've suggested, and I believe is is fine with,
a 10 MB
>> email attachment.
>>>
>>> Any thoughts? It's a different sort of sale
and I may
>> be overlooking something.
>>>
>>> Jack
>>>
>>>
>>>
>>>
>>> --
>>> PDML Pentax-Discuss Mail List
>>> PDML@pdml.net
>>> http://pdml.net/mailman/listinfo/pdml_pdml.net
>>> to UNSUBSCRIBE from the PDML, please visit the
link
>> directly above and follow the directions.
>>>
>>
>>
>>
>> -- 
>> David Parsons Photography

>> http://www.davidparsonsphoto.com
>>
>> Aloha Photographer Photoblog
>> http://alohaphotog.blogspot.com/
>>
>> -- 
>> PDML Pentax-Discuss Mail List

>> PDML@pdml.net
>> http://pdml.net/mailman/listinfo/pdml_pdml.net
>> to UNSUBSCRIBE from the PDML, please visit the
link
>> directly above and follow the directions.
>>
>
>
>
>
>
> -- 
> PDML Pentax-Discuss Mail List

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Re: Image Sale Qustion

2010-12-13 Thread Jack Davis
Not enough money was involved for me to release all rights. He is aware that I 
have a much larger file that would offer he and his graphics guy many more 
options. If he reaches a point in this fledgling hopeful effort, I'll be ready 
for him.

Jack

--- On Mon, 12/13/10, paul stenquist  wrote:

> From: paul stenquist 
> Subject: Re: Image Sale Qustion
> To: "Pentax-Discuss Mail List" 
> Date: Monday, December 13, 2010, 2:22 PM
> Sell them all rights for as much as
> you can get.. Money talks. But some money is better than no
> money, so negotiate hard, then take what they're willing to
> give. 
> Paul
> 
> 
> On Dec 13, 2010, at 3:52 PM, Jack Davis wrote:
> 
> > Thanks, David. There is no print involved, it's the
> image use I'm selling along with the freedom for it to be
> altered.
> > I'm retaining all rights.
> > 
> > Jack
> > 
> > --- On Mon, 12/13/10, David Parsons 
> wrote:
> > 
> >> From: David Parsons 
> >> Subject: Re: Image Sale Qustion
> >> To: "Pentax-Discuss Mail List" 
> >> Date: Monday, December 13, 2010, 12:36 PM
> >> Use as a product label? 
> >> Perpetual, unlimited usage?  Those are big
> >> ticket licensing issues.
> >> 
> >> Check out fotoQuote for realistic quotes based on
> how long
> >> he wants to
> >> license the picture, how many labels he plans to
> print
> >> using the
> >> picture, and other ancillary usage.
> >> 
> >> You really need to nail down the details and have
> a proper
> >> legal
> >> contract drawn up that has all the terms spelled
> out.
> >> 
> >> Don't look at this as selling a print, you are
> licensing a
> >> picture and
> >> you need to make sure that you aren't leaving
> money on the
> >> table by
> >> giving your picture away, or thinking that you are
> in a
> >> weak position.
> >> 
> >> On Mon, Dec 13, 2010 at 3:18 PM, Jack Davis 
> >> wrote:
> >>> I'm looking for some advice. I have an
> individual
> >> asking to buy an image for use by a small malt and
> beer
> >> brewery he is planning to start.
> >>> His idea is to have my image augmented by
> some
> >> expeditious retouching..he calls it. He wants to
> add a
> >> couple Egrets to a rural sunset scene.
> >>> It would be used as a product label as well as
> for
> >> advertising, signage or...?
> >>> I told him not to bother with photo credit.
> Especially
> >> since it will be altered somewhat.
> >>> He is now asking for clarification as to his
> unlimited
> >> free use of the image henceforth. From his
> standpoint, I
> >> really don't see how it can be any other way. How
> long
> >> "henceforth" will be is, of course, the grand
> unknown.
> >>> 
> >>> I've suggested, and I believe is is fine with,
> a 10 MB
> >> email attachment.
> >>> 
> >>> Any thoughts? It's a different sort of sale
> and I may
> >> be overlooking something.
> >>> 
> >>> Jack
> >>> 
> >>> 
> >>> 
> >>> 
> >>> --
> >>> PDML Pentax-Discuss Mail List
> >>> PDML@pdml.net
> >>> http://pdml.net/mailman/listinfo/pdml_pdml.net
> >>> to UNSUBSCRIBE from the PDML, please visit the
> link
> >> directly above and follow the directions.
> >>> 
> >> 
> >> 
> >> 
> >> -- 
> >> David Parsons Photography
> >> http://www.davidparsonsphoto.com
> >> 
> >> Aloha Photographer Photoblog
> >> http://alohaphotog.blogspot.com/
> >> 
> >> -- 
> >> PDML Pentax-Discuss Mail List
> >> PDML@pdml.net
> >> http://pdml.net/mailman/listinfo/pdml_pdml.net
> >> to UNSUBSCRIBE from the PDML, please visit the
> link
> >> directly above and follow the directions.
> >> 
> > 
> > 
> > 
> > 
> > 
> > -- 
> > PDML Pentax-Discuss Mail List
> > PDML@pdml.net
> > http://pdml.net/mailman/listinfo/pdml_pdml.net
> > to UNSUBSCRIBE from the PDML, please visit the link
> directly above and follow the directions.
> 
> 
> -- 
> PDML Pentax-Discuss Mail List
> PDML@pdml.net
> http://pdml.net/mailman/listinfo/pdml_pdml.net
> to UNSUBSCRIBE from the PDML, please visit the link
> directly above and follow the directions.
> 


  

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Re: Image Sale Qustion

2010-12-13 Thread Jack Davis
Good points Cotty. He has recorded his understanding and acceptance of my 
retention of all rights.

Jack

--- On Mon, 12/13/10, Cotty  wrote:

> From: Cotty 
> Subject: Re: Image Sale Qustion
> To: "pentax list" 
> Date: Monday, December 13, 2010, 2:09 PM
> On 14/12/10, Peter Loveday,
> discombobulated, unleashed:
> 
> >When you say "retaining all rights", what do you mean?
> - I would be
> >surprised if they were happy with non-exclusive rights
> to use an image
> >which, by the sounds of it, is integral to their
> branding.
> 
> I agree. Sell it lock, stock, barrel for a one-time single
> (and not
> inconsiderable fee). Learn to let go ;-)
> 
> --
> 
> 
> Cheers,
>   Cotty
> 
> 
> ___/\__
> ||   (O)  | 
>    People, Places, Pastiche
> --      http://www.cottysnaps.com
> _
> 
> 
> 
> -- 
> PDML Pentax-Discuss Mail List
> PDML@pdml.net
> http://pdml.net/mailman/listinfo/pdml_pdml.net
> to UNSUBSCRIBE from the PDML, please visit the link
> directly above and follow the directions.
> 


  

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Re: Image Sale Qustion

2010-12-13 Thread paul stenquist
Sell them all rights for as much as you can get.. Money talks. But some money 
is better than no money, so negotiate hard, then take what they're willing to 
give. 
Paul


On Dec 13, 2010, at 3:52 PM, Jack Davis wrote:

> Thanks, David. There is no print involved, it's the image use I'm selling 
> along with the freedom for it to be altered.
> I'm retaining all rights.
> 
> Jack
> 
> --- On Mon, 12/13/10, David Parsons  wrote:
> 
>> From: David Parsons 
>> Subject: Re: Image Sale Qustion
>> To: "Pentax-Discuss Mail List" 
>> Date: Monday, December 13, 2010, 12:36 PM
>> Use as a product label? 
>> Perpetual, unlimited usage?  Those are big
>> ticket licensing issues.
>> 
>> Check out fotoQuote for realistic quotes based on how long
>> he wants to
>> license the picture, how many labels he plans to print
>> using the
>> picture, and other ancillary usage.
>> 
>> You really need to nail down the details and have a proper
>> legal
>> contract drawn up that has all the terms spelled out.
>> 
>> Don't look at this as selling a print, you are licensing a
>> picture and
>> you need to make sure that you aren't leaving money on the
>> table by
>> giving your picture away, or thinking that you are in a
>> weak position.
>> 
>> On Mon, Dec 13, 2010 at 3:18 PM, Jack Davis 
>> wrote:
>>> I'm looking for some advice. I have an individual
>> asking to buy an image for use by a small malt and beer
>> brewery he is planning to start.
>>> His idea is to have my image augmented by some
>> expeditious retouching..he calls it. He wants to add a
>> couple Egrets to a rural sunset scene.
>>> It would be used as a product label as well as for
>> advertising, signage or...?
>>> I told him not to bother with photo credit. Especially
>> since it will be altered somewhat.
>>> He is now asking for clarification as to his unlimited
>> free use of the image henceforth. From his standpoint, I
>> really don't see how it can be any other way. How long
>> "henceforth" will be is, of course, the grand unknown.
>>> 
>>> I've suggested, and I believe is is fine with, a 10 MB
>> email attachment.
>>> 
>>> Any thoughts? It's a different sort of sale and I may
>> be overlooking something.
>>> 
>>> Jack
>>> 
>>> 
>>> 
>>> 
>>> --
>>> PDML Pentax-Discuss Mail List
>>> PDML@pdml.net
>>> http://pdml.net/mailman/listinfo/pdml_pdml.net
>>> to UNSUBSCRIBE from the PDML, please visit the link
>> directly above and follow the directions.
>>> 
>> 
>> 
>> 
>> -- 
>> David Parsons Photography
>> http://www.davidparsonsphoto.com
>> 
>> Aloha Photographer Photoblog
>> http://alohaphotog.blogspot.com/
>> 
>> -- 
>> PDML Pentax-Discuss Mail List
>> PDML@pdml.net
>> http://pdml.net/mailman/listinfo/pdml_pdml.net
>> to UNSUBSCRIBE from the PDML, please visit the link
>> directly above and follow the directions.
>> 
> 
> 
> 
> 
> 
> -- 
> PDML Pentax-Discuss Mail List
> PDML@pdml.net
> http://pdml.net/mailman/listinfo/pdml_pdml.net
> to UNSUBSCRIBE from the PDML, please visit the link directly above and follow 
> the directions.


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Re: Image Sale Qustion

2010-12-13 Thread Cotty
On 14/12/10, Peter Loveday, discombobulated, unleashed:

>When you say "retaining all rights", what do you mean? - I would be
>surprised if they were happy with non-exclusive rights to use an image
>which, by the sounds of it, is integral to their branding.

I agree. Sell it lock, stock, barrel for a one-time single (and not
inconsiderable fee). Learn to let go ;-)

--


Cheers,
  Cotty


___/\__
||   (O)  | People, Places, Pastiche
--  http://www.cottysnaps.com
_



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Re: Image Sale Qustion

2010-12-13 Thread Peter Loveday
When you say "retaining all rights", what do you mean? - I would be 
surprised if they were happy with non-exclusive rights to use an image 
which, by the sounds of it, is integral to their branding.


- Peter

-Original Message- 
From: Jack Davis

Sent: Tuesday, December 14, 2010 7:22 AM
To: Pentax-Discuss Mail List
Subject: Re: Image Sale Qustion

Thanks, David. There is no print involved, it's the image use I'm selling 
along with the freedom for it to be altered.

I'm retaining all rights.

Jack

--- On Mon, 12/13/10, David Parsons  wrote:


From: David Parsons 
Subject: Re: Image Sale Qustion
To: "Pentax-Discuss Mail List" 
Date: Monday, December 13, 2010, 12:36 PM
Use as a product label?
Perpetual, unlimited usage?  Those are big
ticket licensing issues.

Check out fotoQuote for realistic quotes based on how long
he wants to
license the picture, how many labels he plans to print
using the
picture, and other ancillary usage.

You really need to nail down the details and have a proper
legal
contract drawn up that has all the terms spelled out.

Don't look at this as selling a print, you are licensing a
picture and
you need to make sure that you aren't leaving money on the
table by
giving your picture away, or thinking that you are in a
weak position.

On Mon, Dec 13, 2010 at 3:18 PM, Jack Davis 
wrote:
> I'm looking for some advice. I have an individual
asking to buy an image for use by a small malt and beer
brewery he is planning to start.
> His idea is to have my image augmented by some
expeditious retouching..he calls it. He wants to add a
couple Egrets to a rural sunset scene.
> It would be used as a product label as well as for
advertising, signage or...?
> I told him not to bother with photo credit. Especially
since it will be altered somewhat.
> He is now asking for clarification as to his unlimited
free use of the image henceforth. From his standpoint, I
really don't see how it can be any other way. How long
"henceforth" will be is, of course, the grand unknown.
>
> I've suggested, and I believe is is fine with, a 10 MB
email attachment.
>
> Any thoughts? It's a different sort of sale and I may
be overlooking something.
>
> Jack
>
>
>
>
> --
> PDML Pentax-Discuss Mail List
> PDML@pdml.net
> http://pdml.net/mailman/listinfo/pdml_pdml.net
> to UNSUBSCRIBE from the PDML, please visit the link
directly above and follow the directions.
>



--
David Parsons Photography
http://www.davidparsonsphoto.com

Aloha Photographer Photoblog
http://alohaphotog.blogspot.com/

--
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directly above and follow the directions.







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follow the directions. 



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Re: Image Sale Qustion

2010-12-13 Thread Jack Davis
Thanks, David. There is no print involved, it's the image use I'm selling along 
with the freedom for it to be altered.
I'm retaining all rights.

Jack

--- On Mon, 12/13/10, David Parsons  wrote:

> From: David Parsons 
> Subject: Re: Image Sale Qustion
> To: "Pentax-Discuss Mail List" 
> Date: Monday, December 13, 2010, 12:36 PM
> Use as a product label? 
> Perpetual, unlimited usage?  Those are big
> ticket licensing issues.
> 
> Check out fotoQuote for realistic quotes based on how long
> he wants to
> license the picture, how many labels he plans to print
> using the
> picture, and other ancillary usage.
> 
> You really need to nail down the details and have a proper
> legal
> contract drawn up that has all the terms spelled out.
> 
> Don't look at this as selling a print, you are licensing a
> picture and
> you need to make sure that you aren't leaving money on the
> table by
> giving your picture away, or thinking that you are in a
> weak position.
> 
> On Mon, Dec 13, 2010 at 3:18 PM, Jack Davis 
> wrote:
> > I'm looking for some advice. I have an individual
> asking to buy an image for use by a small malt and beer
> brewery he is planning to start.
> > His idea is to have my image augmented by some
> expeditious retouching..he calls it. He wants to add a
> couple Egrets to a rural sunset scene.
> > It would be used as a product label as well as for
> advertising, signage or...?
> > I told him not to bother with photo credit. Especially
> since it will be altered somewhat.
> > He is now asking for clarification as to his unlimited
> free use of the image henceforth. From his standpoint, I
> really don't see how it can be any other way. How long
> "henceforth" will be is, of course, the grand unknown.
> >
> > I've suggested, and I believe is is fine with, a 10 MB
> email attachment.
> >
> > Any thoughts? It's a different sort of sale and I may
> be overlooking something.
> >
> > Jack
> >
> >
> >
> >
> > --
> > PDML Pentax-Discuss Mail List
> > PDML@pdml.net
> > http://pdml.net/mailman/listinfo/pdml_pdml.net
> > to UNSUBSCRIBE from the PDML, please visit the link
> directly above and follow the directions.
> >
> 
> 
> 
> -- 
> David Parsons Photography
> http://www.davidparsonsphoto.com
> 
> Aloha Photographer Photoblog
> http://alohaphotog.blogspot.com/
> 
> -- 
> PDML Pentax-Discuss Mail List
> PDML@pdml.net
> http://pdml.net/mailman/listinfo/pdml_pdml.net
> to UNSUBSCRIBE from the PDML, please visit the link
> directly above and follow the directions.
> 


  


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Re: Image Sale Qustion

2010-12-13 Thread David Parsons
Use as a product label?  Perpetual, unlimited usage?  Those are big
ticket licensing issues.

Check out fotoQuote for realistic quotes based on how long he wants to
license the picture, how many labels he plans to print using the
picture, and other ancillary usage.

You really need to nail down the details and have a proper legal
contract drawn up that has all the terms spelled out.

Don't look at this as selling a print, you are licensing a picture and
you need to make sure that you aren't leaving money on the table by
giving your picture away, or thinking that you are in a weak position.

On Mon, Dec 13, 2010 at 3:18 PM, Jack Davis  wrote:
> I'm looking for some advice. I have an individual asking to buy an image for 
> use by a small malt and beer brewery he is planning to start.
> His idea is to have my image augmented by some expeditious retouching..he 
> calls it. He wants to add a couple Egrets to a rural sunset scene.
> It would be used as a product label as well as for advertising, signage or...?
> I told him not to bother with photo credit. Especially since it will be 
> altered somewhat.
> He is now asking for clarification as to his unlimited free use of the image 
> henceforth. From his standpoint, I really don't see how it can be any other 
> way. How long "henceforth" will be is, of course, the grand unknown.
>
> I've suggested, and I believe is is fine with, a 10 MB email attachment.
>
> Any thoughts? It's a different sort of sale and I may be overlooking 
> something.
>
> Jack
>
>
>
>
> --
> PDML Pentax-Discuss Mail List
> PDML@pdml.net
> http://pdml.net/mailman/listinfo/pdml_pdml.net
> to UNSUBSCRIBE from the PDML, please visit the link directly above and follow 
> the directions.
>



-- 
David Parsons Photography
http://www.davidparsonsphoto.com

Aloha Photographer Photoblog
http://alohaphotog.blogspot.com/

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