3rd party repost & licensing

[MichaelEzra]

I have a question on best practice for handling the case when client is licensing an image and posting it rightfully on social network. Then a furniture/lighting/bedding/etc. manufacturer or reseller is reposting the original post with a message promoting their product that happens to be pictured in the image ( e.g. Bathroom vanity, kitchen furniture, wallpaper, tile, etc)

1. Is it reasonable to seek licensing fees for this secondary post?

2. What if they downloaded the image and made a brand new post?

Any rule of thumb on the price of licensing vs original price
(assuming that cost sharing option was not utilized at the time of booking)? 2x, 3x?

[32BT]

Seems very much like the J Salmeron case: https://petapixel.com/2018/12/26/how-i-got-banned-from-photographing-the-band-arch-enemy/

In my opinion these are the options:

1. contact the company with a message like: "don't my images make your products look great? Do you want me to do more work for you?" (if that's what you'd want).

2. contact the company, tell them their use is not typically appreciated and liable to legal action. You won't take action now if they take it down, but you will in the future.

3. contact the company, tell them you want money now, or you will start a legal procedure.

4. start a legal procedure immediately.


Somewhere in between 1 and 2 is probably the most constructive option, but from the case mentioned above, any option is likely viable. Of course, if a Death Metal band is involved, be prepared for the corresponding less than respectful social media outcry...

Note, I'm not in any way a legal expert. Simply sharing opinion and links.

[Slobodan Blagojevic]

It should be subject to a separate license and you should be paid for the current use.

[David Eichler]

I have a question on best practice for handling the case when client is licensing an image and posting it rightfully on social network. Then a furniture/lighting/bedding/etc. manufacturer or reseller is reposting the original post with a message promoting their product that happens to be pictured in the image ( e.g. Bathroom vanity, kitchen furniture, wallpaper, tile, etc)

1. Is it reasonable to seek licensing fees for this secondary post?

2. What if they downloaded the image and made a brand new post?

Any rule of thumb on the price of licensing vs original price
(assuming that cost sharing option was not utilized at the time of booking)? 2x, 3x?

It is all about the level of usage. The more usage, the greater the fee. Might consider using stock photo agency pricing for similar types of photos as a rough starting point for pricing, but may need to make some allowance for the scale of the client's business and related financial resources. You can also trying using the Association of Photographers usage fee calculator. I have no idea how well the percentage adjustments reflect actual market practice, but it at least gives you some food for thought to start with.  https://www.the-aop.org/information/usage-calculator.

[David Eichler]

As far as usage on social media, not always easy to know how to deal with sharing, which is an inherent feature of the medium and still promotes your client, and I am not sure whether it can legally be considered a copyright infringement. However, a third party copying and pasting photos into a new post without your permission is clearly a copyright infringement.

[tcphoto1]

I think it all depends on your relationship to the Client, do you shoot for them regularly or was it a one off shoot? You could contact your Client and explain that their licensing fee was calculated on their specs and the repost is not included. The offending party is using custom made images that are not available on Stock sites, so the Stock calculator does not apply.

The Metal band and clothing manufacturer blatantly disregarded the photographers Intellectual Properties, dismissed the photographers attempts to resolve the issue and seem to have received a lot of backlash.

[PeterAit]

In my experience, the best solution to this sort of issue is to avoid it altogether. In your contract, give the client complete and eternal rights to the photos. Charge a bit more, perhaps. Then it's out of your hair.

[MichaelEzra]

Thank you all for your input. I will see if this gets me a new paying client and if not, have them pay or remove the post.

[douglevy]

In my experience, the best solution to this sort of issue is to avoid it altogether. In your contract, give the client complete and eternal rights to the photos. Charge a bit more, perhaps. Then it's out of your hair.

This is not - sustainable long term or industry standard. Maintaining control over your rights is a route to long term profitability and sustainability. Clients routinely pay for this, and giving it up because you don't want to admin it is shortsighted.