Re: photo permissions and payment questions

**"* T* <m*@turnerphotographics.com>**

Amy,

I've never had a property owner request to be paid when a photograph of
their property appears in a book or magazine. It's the photographer that
should be getting paid.

As a photographer, I have set my minimum license fee at $125 per image for
one-time, non-exclusive, inside editorial, 1/4 page or less, up to 40,000
print run, North American rights. That certainly fits how you're using the
photos.

However, as an editor seeking images from other photographers to fill holes
in my own book projects, I have been able to acquire usage rights to images
for less. I never start the negotiation with my offer when I'm the buyer.

On your unrelated property release question, it wouldn't hurt to get a
release signed by the current owners. Of course, with hindsight the best
practice is to get a release signed at the time of photography by the owner.
A proper legal opinion, from a lawyer, would be better than any advice from
another photographer.

-- Mark Turner

Date: Sat, 16 Mar 2013 18:50:28 -0400
From: Amy Ziffer <amyziffer@earthlink.net>

I have a publisher for a gardening book, and I would like to use pix in it
for which one property owner would like compensation.  That's fine, but I
don't know how much to offer her.  I've asked her to tell me how much she
wants, but she declined and wants me to make an  offer. ...

The other question has to do with photos taken on a property that has
changed hands at least once since the photos were taken.  No property
release was signed by the person who owned the property when the photos were
taken.  In fact, he's passed away.  Someone else owns the property now, and
I could find out who, but it seems to me they don't have any right to object
to photos of the property taken before they owned it.  There are heirs to
the person who owned the property when the shots were taken, but they no
longer own it, either.  Does anyone know what one is supposed to do in a
situation like this?

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