Bill Robinson Posted September 6, 2014 Share Posted September 6, 2014 I have been approached by the state tourist commission and asked to provide pricing. They have said this : "Attached is the Visual Asset Agreement we purchase images according to,please note we only purchase images for unlimited time and unrestricted acrossall mediums". Given this, what sort of prices would you quote? cheers Bill Link to comment Share on other sites More sharing options...
wiskerke Posted September 7, 2014 Share Posted September 7, 2014 Meaning Royalty Free. Or does the agreement mentions use for this project only? If not, try to amend it. First check: are there many competing images of the subject the client has access to? Second check: what level of images has the client used in the past or on this project? High end? Low end? And third: what source? Agencies? Direct? If agencies: use their calculator. If direct: check if you know any / have access to any of them. And ask, mentioning you don't want to underbid them. Maybe quote a couple of agency calculator outcomes to show you have done your homework.wimedit: some (semi) governmental organisations want to look good do the right thing and search and buy locally first. If you detect that in your research, use to your advantage. Link to comment Share on other sites More sharing options...
Linda Posted September 7, 2014 Share Posted September 7, 2014 Get it all clear in writing first. I forgot what it's called but you can't hold a government financially responsible for copyright infringement if they went beyond the scope of your license. I had a state infringe with my image and they paid a license fee but lawyers wouldn't touch it even though the image was registered.I forgot what it's called right now but just be sure to cross your 't's' and dot your 'i's' L Link to comment Share on other sites More sharing options...
dustydingo Posted September 7, 2014 Share Posted September 7, 2014 Get it all clear in writing first. I forgot what it's called but you can't hold a government financially responsible for copyright infringement if they went beyond the scope of your license. . . . I think it's called "one rule for them, one rule for us" . . . or was it "do as we say, not as we do"? dd Link to comment Share on other sites More sharing options...
Linda Posted September 7, 2014 Share Posted September 7, 2014 Oh,in regard to the trying to sue the government...at least an infringement case....My attorney had informed me that the government(USA) enjoys,"sovereign immunity." To put it in simpler terms,we'd be out of luck... L Link to comment Share on other sites More sharing options...
Foreign Export Posted September 7, 2014 Share Posted September 7, 2014 Most australian state governments procure services in a priority order State based suppliers come first- that's you Second tier - australian based companies Third tier- New Zealand based companies Fourth- rest of world So a swim says that would advantage you Link to comment Share on other sites More sharing options...
Martin P Wilson Posted September 7, 2014 Share Posted September 7, 2014 I think I would almost treat it as "work for hire" rather than even RF. Strictly speaking RF is for the use of the licencee only but tourist boards distribute their images for all and sundry to use. So putting any limit on the usage is probably meaningless even if they would accept them. Make it worthwhile as a one-off assignment and shoot your own (different) stock alongside them. Link to comment Share on other sites More sharing options...
spacecadet Posted September 7, 2014 Share Posted September 7, 2014 Oh,in regard to the trying to sue the government...at least an infringement case....My attorney had informed me that the government(USA) enjoys,"sovereign immunity." To put it in simpler terms,we'd be out of luck... L Linda, the OP is in Australia. Crown immunity is very limited. In any case his client is the state, not the federal government. Link to comment Share on other sites More sharing options...
Sheila Smart Posted September 8, 2014 Share Posted September 8, 2014 I have had a couple of very recent infringements where the State (here in Australia) did eventually pay up. I am advised by my Sydney IP attorney that "the Crown cannot infringe copyright but, if it does, it has to pay fair compensation or a claim can be made in the Copyright Tribunal (not a Court). A tad ambiguous (but he is a lawyer )! Whilst US universities and governments do have sovereign immunity, their staff do not. When a university in Florida tried to pull this sovereign immunity stunt, I then demanded to be advised of the name of the staff member who uploaded my image to their site without the benefit of a license to do so. They quickly decided to pay up! It is difficult to come up with a fee for such use as you will find that the image will be uploaded to their database and suddenly you will lose control of the image in perpetuity. Bear this in mind when coming up with a fee. At least the organisation did not nick the image which happened to me a couple of years back when I kept finding a particular image appearing on travel company websites, I tracked it back to the State database and was constantly getting the brush off by the public servant...until I got my Sydney attorney involved. Voila, suddenly they settled for about ten times which they would have paid had they sought a license in the first place. Sheila Link to comment Share on other sites More sharing options...
Linda Posted September 8, 2014 Share Posted September 8, 2014 I have had a couple of very recent infringements where the State (here in Australia) did eventually pay up. I am advised by my Sydney IP attorney that "the Crown cannot infringe copyright but, if it does, it has to pay fair compensation or a claim can be made in the Copyright Tribunal (not a Court). A tad ambiguous (but he is a lawyer )! Whilst US universities and governments do have sovereign immunity, their staff do not. When a university in Florida tried to pull this sovereign immunity stunt, I then demanded to be advised of the name of the staff member who uploaded my image to their site without the benefit of a license to do so. They quickly decided to pay up! It is difficult to come up with a fee for such use as you will find that the image will be uploaded to their database and suddenly you will lose control of the image in perpetuity. Bear this in mind when coming up with a fee. At least the organisation did not nick the image which happened to me a couple of years back when I kept finding a particular image appearing on travel company websites, I tracked it back to the State database and was constantly getting the brush off by the public servant...until I got my Sydney attorney involved. Voila, suddenly they settled for about ten times which they would have paid had they sought a license in the first place. Sheila Excellent on the Florida case. I have an issue with a university in California and they are claiming 'Fair use' for a pdf downloadable article on sexual violence of which they used one of my photos without permission. Their lawyer just stepped in as well screaming 'Fair use as well. Is defamation of character allowed in a downloadable pdf article and now qualifies for sovereign immunity? My LA lawyer would not take the case based on infringement because of the sovereign immunity issue. Glad you collected from Australia. I have many infringement with BBC related outlets but isn't that gov owned? L Link to comment Share on other sites More sharing options...
Cryptoprocta Posted September 8, 2014 Share Posted September 8, 2014 I have many infringement with BBC related outlets but isn't that gov owned? No. Link to comment Share on other sites More sharing options...
giphotostock Posted September 8, 2014 Share Posted September 8, 2014 Get it all clear in writing first. I forgot what it's called but you can't hold a government financially responsible for copyright infringement if they went beyond the scope of your license. I had a state infringe with my image and they paid a license fee but lawyers wouldn't touch it even though the image was registered.I forgot what it's called right now but just be sure to cross your 't's' and dot your 'i's' L My lay understanding is that Copyright is a Fedreal jurisdiction, but the Federal Government can not sue the states (and their agencies). GI Link to comment Share on other sites More sharing options...
Bill Robinson Posted September 18, 2014 Author Share Posted September 18, 2014 Thank you for all the input, very interesting. Work has had me away a bit, hence the delay in replying. I did decide not to deal with the commission given the conditions they were stipulating. cheers Bill Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.