Promotional Image Help?

[Misted-Dream]

I hope this is the right place for this, but it can be moved if not.
I recently received this email:

Hi Shalese,

My name is Bill Gibson and I ran across your piece, “Of Wind And Water” and really loved it. Tamara Grigsby and myself have a band called “Wind On The Water”. I was doing a general Google search for promotional ideas and found your beautiful piece. My question is this, what would you charge us to use this piece in our promotions as we “play out” in the North Florida region. We would mark the piece with your name and direct interested parties to your site. We are just getting our Facebook page set up and would love to use your piece to help convey the emotion in our music. We both write and play primarily original music. Our style is Americana-Neo Folk. We are acoustic-electric with slide guitar as well. We will soon have some of our music posted on our Facebook page. I have included a sample of your piece with our name as it would appear. We both love horses (and wildlife in general) and are very tied to the water. Please let us know your thoughts and keep up the fantastic work! Best regards, Bill Gibson

This is the first time I've ever received such a request and am fairly clueless as to how to proceed. I know he will probably need to license my image, but I don't know what to charge or how to go about writing a contract for this (I assume it is a wise idea). Any and all help would be appreciated, thanks!

[Misted-Dream]

Also, I forgot to ask if anyone else has ever had any experience with this type of liscensing (whatever that may be)?

[wilfred]

Hi Shalese, I love your work, they are beautiful!

Regarding your question, hmmm.... if the band comes to me for permission to use my artwork on their posters and website... I would probably let them use it for free, on the condition the image is attributed to me and my website.

Some people may not agree with me on this course, but for me it is a better way because the band is actually promoting my work, my name, and website. It's not like they are producing a commercial product which they will profit from the artwork.

I would make a simple letter giving them permission to use the specific artwork on specific items, i.e. posters, flyers, website; and that I must approve the final proof prior to publication. I can also revoke this permission by simply giving them a written notice. The permission can be email and let them sign back.

This is only my opinion, of course you always can charge them upfront a couple hundred bucks royalty if you prefer, but for me I would treat them as friends and just waive it. I'll tell them when they become famous in the future then we'll renegotiate the contract!

[painterswife]

I think you should get paid. They will expect to get paid for their music.

You must value your artwork for others to value it as well. The email looks legit to me and worth pursuing. The amount does not need to be huge.

[EyeSpy]

Congratulations, Shalese! Hopefully, more knowledgeable WC members will stop by with great advice for you.

I can only suggest that you:

1. get paid, even if they can't afford to pay you a fortune
2. don't give up your copyright
3. make sure your name and contract info is spelled correctly wherever your image is used
4. include in the contract how your image can be used (cd's, posters, advertising, etc.) and for how long it can be used before renegotiation.

If you can't seek professional (legal!) advice, you might try your local library. There are many good books out there on licensing, some even include sample contracts, which might be helpful to you.

Best of luck!

[alfreda]

I agree with eyespy, make sure to state on a contract what it's used for, and you can ask a small fee for poster/website use, a larger fee for other uses and time limit. Important to have a licencing agreement, even if you choose to let them use it for free.
Best of luck and congratulations

ps, found this licence fee estimator, maybe it will help

[Misted-Dream]

Wow, thanks for the info, guys! That helps me out quite a bit. I've tried to find licensing agreement templates of sorts around, but haven't had much luck with that. But how long and "official" does it have to be? Is it something I could just type up myself on a Word document? Also, as Wilfrido said, how do I send something via email and have it electronically signed (or does that not work)? Sorry, I have so many questions! I just want to be thorough and correct with this before I proceed.

[Colorix]

There is good advice out there, I found lots of stuff about 6 months ago by googling "art licensing", and variations, like "image", and "contract", "fee".

Yes you should be paid. And the contract should stipulate the exact use you grant them, and for how long time. And as they have already made "your piece" into a poster (?) -- the 'sample' they sent you, I'd world the contract carefully, and give them limited rights.

To me it sounds like they're fishing for a free use, and they may be poor starving musicians, but yes, they expect to be paid, and so do you. Your art is used to sell their music. The "exposure" might bring results, but it will be aimed at people who like one type of music, that is, people who are *not* looking for art primarily, they're looking for music. So consider well how much the "name recognition" would be worth to you. Would it be fishing in the right pond?

[alfreda]

Originally Posted by Misted-Dream

Wow, thanks for the info, guys! That helps me out quite a bit. I've tried to find licensing agreement templates of sorts around, but haven't had much luck with that. But how long and "official" does it have to be? Is it something I could just type up myself on a Word document? Also, as Wilfrido said, how do I send something via email and have it electronically signed (or does that not work)? Sorry, I have so many questions! I just want to be thorough and correct with this before I proceed.

When you send them the licence agreement via email you ask them to sign it and snail mail it, or scan it and email it and then send you the original snail mail then you sign it and send them a copy.

[fishpainter]

Originally Posted by Colorix

There is good advice out there, I found lots of stuff about 6 months ago by googling "art licensing", and variations, like "image", and "contract", "fee".

Yes you should be paid. And the contract should stipulate the exact use you grant them, and for how long time. And as they have already made "your piece" into a poster (?) -- the 'sample' they sent you, I'd world the contract carefully, and give them limited rights.

To me it sounds like they're fishing for a free use, and they may be poor starving musicians, but yes, they expect to be paid, and so do you. Your art is used to sell their music. The "exposure" might bring results, but it will be aimed at people who like one type of music, that is, people who are *not* looking for art primarily, they're looking for music. So consider well how much the "name recognition" would be worth to you. Would it be fishing in the right pond?

I like the way you think,well said.

[andymathis]

If they are selling posters at their shows, on online, as a way to promote their music, I would ask for a small advancement against royalties. 5-10% of each poster sold probably.

And then where ever the image is shown, facebook, website, etc. - I would make sure the attribute it correctly and provide a link to your site.

[beautifulfreak]

If you are looking for a licensing agreement may I suggest tad crawfords 'business and legal forms for artists' it has a cd with all kinds of helpful contracts that artists might need.