Photo wanted by aviation company

I've been approached by a well known aviation headset company (initials DC) who want to use one of my photos (Santa de-icing an aircraft at Bangor, Maine) for some minor advertising. They say that they have no advertising funds to pay for it and have other photos they can use. I am reluctant to let them have it for free. Any ideas or opinions on a way forward would be very much appreciated.

SB

If they have no advertising funds then they shouldn't advertise. I wouldn't give it to them if it were me. They can't give you money for it but will reap the benefit from using it - I don't think so. Just my personal opinion :)

Dont give any of your pics for advertising for free.

The budget can t be so small, that they could not afford it.

A company will always try and get a photo for nothing, as Michael said if they have no money they shouldn't advertise. My opinion is if they are a reputable company and are well known then they will have the money to pay the minor fee for a photo but as I said a lot try it on and try to get it for nothing. I wouldn't believe the line about them having lots of other photos because they obviously like and want yours otherwise they would use the others first, I say call their bluff a little , say a price take it or leave it, then ask also for credits on any advertising.

Darryl

This post has been edited by Darryl Morrell on 16th November 2011 - 16:18

IMHO if asked for commercial use : never release a photo for free !!! Nobody offers cameras, cars, goods for free. Just my opinion.

Javier

It's the David Clark headphone company- my headset cost £250 from them a few years ago... They say that they are a small company with limited advertising budgets... They have set their flyer up already with the image and just need a nod from me to send it out to clients, but any request higher up the chain for funds would be denied...

Concur, do u not need a new headset?

When I first started I gave a few photos away for free and they agreed to put photo credit. Then I read someone's point about that they do it for a living, and people that give away free photos can potentially take away from how someone earns a living. So now I rarely ever give freebies.

Also, asking for credit is not a form of payment. You already have credit, it is your photo.

David Clark is not a small company and there headsets are EXPENSIVE. They don't need a freebie!

Agree 100% with Ronald ,-)

This is the image they want:

http://www.airplane-pictures.net/image70983.html

They are now asking if I have a model release form from him. Is that a show-stopper?

I'm afraid it is (I think). To the best of my knowledge if an image is to be used in a commercial or advertising environment then a model release is needed from everyone that is identifiable in it.

Give them the bird. Unless you agree some sort of model release for it's specific use, if they can't pay in cash, then maybe you can agree a payment in kind (goods).

Else send them an email saying thanks, but no thanks. On the other hand, would the image give you (excuse the pun) any exposure and would it be acreddited to you, ie; image courtesy of . . . . ?

Two ways of looking at it. If you did let them us it, can it be watermarked and/or a low-res small size copy?

Happy hunting!

Mark

Are you sure they are the real DC and not someone just claiming to be DC? I can't believe that the leading headset producer cannot afford a single photo...

Yes, they are the real company. They eventually agreed to give me any headset from their range, so a result there. Unfortunately, as I do not have a model release form, the deal cannot be done. A shame really...

Real shame, given that you were getting something from them.

The image was taken in Bangor several years ago through the aircraft window. I never thought that it would be a commercial photo, and he's too busy this time of year to be tracked down....

Thanks everyone for your advice and feedback.

SB

It seems to be a very common problem now. I was asked from a company which produces and operates simulation-sytems for flight-training.

The deal was canceled because in germany as a privat non-professional person I´m unable to send them an invoice with tax! How stupid, we were not talking about a few thousand euro!

The second time was an aircraft producer who wants to use my picture for their comercial flyer and other things!

But after they told me that they never pay for pictures I canceled this!

It is a shame!

If it is a candid photo, taken in a paparazzi type opportunistic way, do I actually need a model release form? He didn't pose for it.

If the person in the picture is recognisible then yes a model release is required for the image to be used commercially. Having said that it's not up to you to get the release. If the company buy the image of you it it up to them to get the release before they can use it.

If you image was to be used editorially i.e. to illustrate a news item then a release isn't required.

The above is my understanding of it, I may be wrong and others may correct me :)

Michael, your post is not entirely correct.

As far as I know, the photog is the person responsible for providing a model release.

I have recently started uploading photos to some stock agencies and a model release is always mandatory if a person or a part of one (e.g. a hand, shoulder, etc) is visible in the photo. Agencies and companies need photos for free usage and I'd never expect them to get a model relase from a person they could posssible never get in contact with.

For editorial usage this is right, as long as it is a newsworthy photo.

Ander

A happy new year to all of you!!

Hi Ander,

Dan Heller

This post has been edited by Martin Krupka on 25th December 2011 - 11:18