When a publication asks you for a photo to use for free

[Michael Ventura]

Yesterday I received an email from a regional magazine asking to use a photo of mine that I had shot for another magazine a few years ago.  I asked the person what their rates for photo use were and she responded that they had no budget for photography and would give me credit.  I looked up the magazine and they had some issues online.  It looked slick with plenty of ads.  Here is what I wrote today:

 

"As a professional photographer, I make a living solely from assignments and uses of my work.  You have a nice looking publication with lots of ads and I assume the ads are not free.  You charge fees to cover your expenses and make a living, as do I.  So I must decline the use of my photo, at this time."

 

I kept it civil in case they come back with an offer to pay for the use.  I encourage all you to at least get something when someone calls on you for your photography (maybe even a trade for access to shoot some stock if that applies).  They wouldn't have come looking for permission unless they felt the photo(s) had a value to them.

[Robert M Estall]

That no pay, pat on the back with credit is just an insult.  Good on you for being polite and professional.

[Kay]

Perfect response Michael 

[Betty LaRue]

Perfect response.👍👍👍

[Michael Ventura]

An update to my little situation.  I got an email back this morning.  Saying that they appreciated the feedback and asked me to quote a fee for photo and they will check to see if they can pay it!  So, it may have been good to not just blast them with insults.  And they were seeking permission, not asking for forgiveness after stealing the use (which is not the case).

Edited April 8 by Michael Ventura

[Cecile Marion]

Am I right in assuming this isn’t a photo you have available via Alamy?

[Michael Ventura]

4 hours ago, Cecile Marion said:

Am I right in assuming this isn’t a photo you have available via Alamy?

 

I do actually have one frame from this shoot, on Alamy, but this magazine saw my photo in another magazine and not through Alamy.  They referenced the other magazine and that specific image.  It is of a U.S. sports figure who happens to live in the DC area. 

Edited April 8 by Michael Ventura

[Steve F]

4 hours ago, Michael Ventura said:

An update to my little situation.  I got an email back this morning.  Saying that they appreciated the feedback and asked me to quote a fee for photo and they will check to see if they can pay it!  So, it may have been good to not just blast them with insults.  At they were seeking permission and not asking for forgiveness after stealing the use (which is not the case).

 

Beware of 'anchoring bias'. Your first offer was $0 🙈

[John Mitchell]

It sounds as if you did the right thing, Michael. When I was doing a lot of freelance writing -- producing text/photo packages mainly. I often used to get the "sorry, we have no budget for photographs" line from publications, especially after the Internet came along and print started to decline. Sometimes I was able to reach an agreement and sometimes not, at which point I had to decide whether or not to walk away. Best of luck.

[Martyn]

10 hours ago, John Mitchell said:

It sounds as if you did the right thing, Michael. When I was doing a lot of freelance writing -- producing text/photo packages mainly. I often used to get the "sorry, we have no budget for photographs" line from publications, especially after the Internet came along and print started to decline. Sometimes I was able to reach an agreement and sometimes not, at which point I had to decide whether or not to walk away. Best of luck.

 

The interview of Harlan Ellison "Pay the writer" is as relevant now as it was when it was made !

 

Edited April 9 by Martyn
info added

[Robert M Estall]

You might feel good for a bit if you let rip like that. Probably wouldn't change many minds though

[John Mitchell]

On 09/04/2024 at 00:28, Robert M Estall said:

You might feel good for a bit if you let rip like that. Probably wouldn't change many minds though

 

Ellison makes some good points in his video rant. Publications shouldn't expect writers and photographers to work for free. Everyone needs to make a living. However, blaming "amateurs" sounds arrogant to me. When I was still doing travel writing, I met plenty of professional freelance writers who, when print media began to decline, started writing for free and signing "all rights" contracts in order to continue getting invited on press trips, etc. Now there is also no shortage of experienced photographers who are willing to accept as little as $0.10 per "download", but I had better not go there. 😨🏃‍♂️

[Rebecca Ore]

On 09/04/2024 at 01:28, Robert M Estall said:

You might feel good for a bit if you let rip like that. Probably wouldn't change many minds though

 

Disney tried to deny royalty payments to writers who wrote Star Wars novels under contract to the studio that first did Star Wars.  A huge fuss was made to help one writer who had serious health issues, and the Mouse finally settled with him.   Harlan Ellison was special about writers getting paid, but he worked in t.v. and movies, which is full of hustlers who claim that writers with novels out don't need agents (I've had this happen to me about three times).  You want the movie rights, talk to my agent. 

 

Two things I love about my small press is contracts with advances and royalties and payments to the photographers and agencies who provide material for their composite covers.  Publishing went through a spate of work for hire book packagers who had writers assign the copyright for the one time payment.   Not to get started with the people who pay vanity presses to be published.  My first agent had some rules for his clients: don't work in other people's universes, don't do works for hire. 

 

The guy who does Tin House Studios has a similar rant to Harlan's over working for exposure (any company who can give you exposure is big enough to pay you. 

 

 

[Michael Ventura]

Well they choked on my price, so no loss really. 

[Rebecca Ore]

5 hours ago, Michael Ventura said:

Well they choked on my price, so no loss really. 

Keep an eye on them. 

[ChrisR Photo]

On 07/04/2024 at 00:28, Michael Ventura said:

Yesterday I received an email from a regional magazine asking to use a photo of mine that I had shot for another magazine a few years ago.  I asked the person what their rates for photo use were and she responded that they had no budget for photography and would give me credit.  I looked up the magazine and they had some issues online.  It looked slick with plenty of ads.  Here is what I wrote today:

 

"As a professional photographer, I make a living solely from assignments and uses of my work.  You have a nice looking publication with lots of ads and I assume the ads are not free.  You charge fees to cover your expenses and make a living, as do I.  So I must decline the use of my photo, at this time."

 

I kept it civil in case they come back with an offer to pay for the use.  I encourage all you to at least get something when someone calls on you for your photography (maybe even a trade for access to shoot some stock if that applies).  They wouldn't have come looking for permission unless they felt the photo(s) had a value to them.

 

To be honest, this is happening more and more these days! especially with social media, I often get 3- 4 messages a week asking to collaborate for product images for just credits! 

 

They constantly try it on hoping that the gullible or less experienced people trying to get a name for themselves will be mug enough to work just for a credit. 

They also approach models I have worked with, blowing sunshine up their ****** in the hope that they will let them use the images for free, luckily the models

contact me then I fill them in on how these online publications really work!

 

Then as stated above, well known magazines try the same tack and the above response is what is needed, but sadly alas, some contributors will relent for a credit

to make themselves look more established.