# First time selling a photo to a company. Looking for Advice.



## Stephen.C (Apr 27, 2011)

One of my good friends that lives with me is a sponsored scooter rider. ( Don't laugh, its intense )
Anyways, a company that sponsors him made a rough draft of their new logo, and part of my photo is in the their logo. 
I contacted the company about compensation, and they said that they plan on putting it on Advertisements, website, and on stickers, and that he was planning on contacting me next week. ( The scooter-er had the photo on his facebook, and thats how they got it ) He wants me to offer him a price for compensation.  
This is the tricky part. I really don't know what a good price is. I do not want to go insanely expensive, but I would like to get paid petty well, and not screwed. 
What would you charge? The company that sponsors him is fairly new, but I think they sell nationally. One scooter handlebar (only handlebar) is around 80 dollars. 
Thanks everyone.


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## reedshots (Apr 28, 2011)

one billion dollars!!  But seriously I would say $200 - $400 and a % of the sales generated by the photo.  If it is part of their logo, and stickers and everything they sell that could be a lot, maybe one percent of sales.


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## KmH (Apr 28, 2011)

Commercial uses, like you mention, are billed as a use license. For all the uses you describe, the use license would be fairly complex.

You have the sponsor at a distinct disadvantage.....they have already designed their logo that incorporates your copyrighted photo. If you are not able to reach an acceptable compensation agreement with them to use your photo, they will either have to re-do their logo design, or risk you suing them. I bet you have not registered your copyright with the US copyright office. If not, I HIGHLY recommend you do so, ASAP, and you can do it online. U.S. Copyright Office - Online Services (eCO: Electronic Copyright Office) 

Steps to Prepare Your Images for Copyright Registration Using Photoshop® | Photo Attorney

Registering Your Copyrights Using the eCO System

Use licensing cost varies by the media type used, the geographic area of the use, the number of impressions, the size used, etc. What is a license? | American Society of Media Photographers
www.cradocfotosoftware.com (fotoQuote Pro 6, Industry standard, Stock and Assignment photography pricing software)

That is why copyright is considered a bundle of rights.


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## o hey tyler (Apr 28, 2011)

What does it take to be a "sponsored scooter rider"? A Vespa with a wheelie bar?


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## Bitter Jeweler (Apr 28, 2011)

My stock answer...


$2000


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## Light Guru (Apr 28, 2011)

Set the price HIGH, and let them know that had they asked for permission before using it that the fee would have bee less.  Basically if they really want to use that photo in the logo then they have to pay you what ever you ask because if they don't you sue them and they end up paying much more.


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## Cyclographist (Apr 28, 2011)

The only problem is if they design and publish the logo BEFORE you file with the copyright office then you cant sue for copyright infringement because they used the photo before it was copyrighted. Now the company maynnot and probably doesnt know that because they didnt ask before they used the photo in the first place, so I would file with the copyright office immediately and then proceed with discussing the billing issue. Then if things dont work out in the negotiations then you can show your filing with the copyright office and threaten to sue, which hopefully will make them come to their senses and give you a fair price! Good luck!


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## Bitter Jeweler (Apr 28, 2011)

Yeah, sue the ****ers!

Actually, for what it costs to do that, I would bet you anything, the company would just redesign the logo without the image. It would be cheaper, and the OP would get nothing. 

OP, be fair and reasonable in your demands. Just because they already designed the logo with the image, doesn't me you have them over a barrel.
If they are already USING the logo, then it is another story.


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## Stephen.C (Apr 28, 2011)

They have not used it, so to sue is not an option! hah
Thanks for the advice guys!!


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## KmH (Apr 28, 2011)

Cyclographist said:


> The only problem is if they design and publish the logo BEFORE you file with the copyright office then you cant sue for copyright infringement because they used the photo before it was copyrighted.


That is not correct.

Statute of Limitations for Copyright Infringement Claims | Photo Attorney

Re: copyright registration timing and what effects the timing has Q&A &#8211; When You Are Eligible for Statutory Damages for Infringements | Photo Attorney


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