Question about photo use

Discussion in 'Misc. Posting Board' started by ddindy, Feb 29, 2024.

  1. ddindy

    ddindy Member Staff Member

    I recently received this request to use one of my photos. This is an excerpt from the request:

    We’re not a commercial magazine (we print only 1,500 copies of each issue and we don’t feature any advertising) so I’m afraid we can’t really offer a fee, but we’ll give you full credit of course and if you let me know your address, I’ll make sure you receive a copy once printed.

    I searched the web for references to the magazine and it appears to be legit. The blurb on the web page says it is a new platform for thoughts on culture and society, that also happens to be a type specimen.

    The term type specimen is where I start to have problems. According to the web site, it is created by a company that sells character fonts. To me, that sounds like the magazine is definitely commercial and is basically an advertisement for their products.

    Continuing to research, I found an interview with the magazine's editor. In it, he talks about the challenge of filling the magazine with license-free imagery.

    Do I give these people free use of my photo or not? What would you do?
  2. zackiedawg

    zackiedawg Member Staff Member

    Tough call - I've had a few low-volume magazines use my photos, but they all paid and signed agreements for usage limits, rights-return date, etc.

    In your case, I think I'd base some of the decision on whether 1. they will offer a licensing agreement or guarantee of maximum copies that can be used and/or a return of rights for the photo to you after a period of time, 2. what the photo is - ie: is it one you may find yourself wanting to use again, sell, or post? 3. Will they offer a usage contract where you don't pass the rights of the photo - you can still use it as you wish, but they can also use it in their publication with proper credit.
  3. ddindy

    ddindy Member Staff Member

    Thanks for your input, Justin. Option 3 is very close to what I would consider - one issue of the magazine, no internet reproduction rights, etc. I'll take that into consideration.
  4. ddindy

    ddindy Member Staff Member

    Just to close this out, I offered the magazine a one-time limiited use no-charge license. They never replied.

    What happened to simple courtesy?
  5. zackiedawg

    zackiedawg Member Staff Member

    Sadly, not surprising nowadays.

Share This Page