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Re: User fees from the user?



> Well, today, a magazine sent US a contract with THEIR use fees and policies.
> Not surprisingly, their policies state that they're going to use our image
> freely in their widely circulated magazine, on their website, and in other
> publications for one small fee.
>
> Can't fault them for lack of chutzpa, I guess.
>
> Has anyone else had this happen? Has this become normal and I missed it?

Our policy is not to sign contracts from the client.  If indeed you have
the rights, then it is your image and you should set the standards as to
use, research fee, license agreement, etc.

We do not allow our customers to tell us how to do business.  We simply
communicate to them that our policy does not allow us to sign their
agreement.  We politely advise them if they would like to use the image
we will need to know the circulation of the magazine, the size the image
will be used in the publication, and how that image will compliment the
project.

When we receive that information we then quote them the usage and
research fee and begin drawing up "our" license agreement for them to
execute, based on the terms.

If they don't agree to the terms we quote, and if they won't sign "our"
license agreement then they do not have usage rights to the image.  If
they use it without an agreement we all know the legal steps that may
ensue.

Nancy Kendrick
ISC Publications, Inc.
Archives and Photography departments
Business Operations and Licensing

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