# Artist wants to buy the rights to my images so she can paint them... how much?



## Beth Coyle (Sep 13, 2010)

Has anyone ever negotiated a fee with an artist who wants to buy the rights to a photographic image?  I am a member of a professional artists' association, and a very successful fellow member who paints with oils wants to buy the rights to one of my images that she would like to paint.  She said her painting would not be "representational", or stylized, it would be pretty realistic and this means I would not be able to print and sell the image, ever.  Not to mention the fact that we exhibit at the same shows, live in the same town, etc.  

I do want to sell the image to her, she is a member of a gallery and is very well known and successful, and does beautiful work.  So this is merely a query on how much to charge.  I do not want to negotiate a royalty per piece that she sells (originals start at $1500 and go up from there, and she sells giclees after that), as that could go on for a long time.

Anyone?  Thanks!


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## newimage (Sep 13, 2010)

Beth Coyle said:


> I do not want to negotiate a royalty per piece that she sells (originals start at $1500 and go up from there, and she sells giclees after that), as that could go on for a long time.


You need to consider .. How long have they been selling paintings? What is their average revenue per composition per year? What is their average selling lifetime of a composition .. avg peek time, dropoff rate, etc.? What demand level will your image potentially fall into? I mean are they going to make $7K or $70K by purchasing your rights? Not sure why you wouldnt want to negotiate royalties that could go on for a long time with an artist whose paintings start out at $1500 .... do you not like making money? :greenpbl:


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## Beth Coyle (Sep 13, 2010)

I don't know how her painting of my image will sell, don't want to gamble on that.  I would rather she take the gamble.  I also don't want to have to depend on her memory or honesty to remember to send me a check every time she sells a giclee in the years to come.   

Of course I like making money, it's just that I would rather make it now, and make it right than depend on what may or may not happen over the years, and depend on someone to tell me when they sold a piece that was based on my image. I have no way of tracking her sales, as she has the freedom to sell on her own website, shows, etc. apart from my knowledge.


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## Big Mike (Sep 14, 2010)

One question to ask yourself, is how much money you could make with this image, if you don't sell it to her and just keep it and try to sell it yourself?  In other words, how much money are you loosing by giving up the rights?  

And I'm sure that if you wanted to, you could negotiate a contract where she gets to paint it and sell it, but you still retain the rights to sell photographic prints of the image.  It's your image and you can decide what rights are given/sold.  
Maybe that's a deal-breaker for her, maybe not.


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## Beth Coyle (Sep 14, 2010)

Thanks, that's where my thinking was headed, what I would be giving up in terms of income by giving up the rights to the image.  It might be a bit high for her, though, so I was really looking for anyone who has actual experience with this situation.


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## KmH (Sep 14, 2010)

It sounds like she wants to buy a perpetual, exclusive use license.

The only thing more expensive, is to outright buy the copyright.

Copyright is yours, for the rest of your life +70 years, unless you sell it.

I agree with Mike, "you could negotiate a contract where she gets to paint it and sell it, but you still retain the rights to sell photographic prints of the image". You could also give her exclusive use for a specified period, say 2 years, after which you could then sell your image.

In fact, since copyright is actually a bundle of rights you can customize the use license anyway you want. 

If she is not amenable to your terms, don't sell her anything.

Are you familiar with use licensing?


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## Beth Coyle (Sep 15, 2010)

Thanks, everyone, I am enjoying being a part of the Forum.


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## dubaifor (Sep 29, 2010)

Depends how much exposure there will be!
+971 50 896 80 42 - Francisco Fernandez - Dubai Photographer


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## ghache (Sep 29, 2010)

can we see the picutre?


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