Usage Rights advice

Late last year I produced a 2012 Desk Calendar of my images through a company that produces photo books, cards, calendars etc using their software templates to produce the calendar. I have since been contacted by the company saying they love the calendar so much they want to use it in their showroom to promote the sale of their products. I asked for a 10% discount on their products in return, but was then offered a $50 dollar credit that I could use towards the purchase of there products. I was told that the usage would be just in there showroom, and that they would forward me an email to confirm the agreement. I received the email and it covers a lot more usage than just displaying my calendar in their showroom, so I'm asking for some advice about the fairness of the deal they are offering.

Thank you for your time and any advice you may have.
Here is the email -

David Edwards is the creator and/or copyright owner of the following Work:
• Xmas11_deskcal, Desk Calendar #620321
We grant Momento Pro Pty Ltd a non-exclusive, non-transferable licence to use the
above Work for Momento promotions including:
• Sample product prints
• An online preview in the Momento Pro Gallery
• Graphics for their website, social media pages, tradeshows, showroom, brochures
or printed collateral
• Content for print, online or television advertisements
In return, Momento Pro Pty Ltd will ensure a copyright notice appears on all
copies of your Work.

Please note that this does not transfer any title, copyright or ownership of the
Work to Momento Pro Pty Ltd and we agree to not resell, reassign to another
entity, or use your supplied content for purposes other than those listed above.

You are not getting a deal if they are offering you only a discount. I get $75 for a small 5x7 single image in a calendar and more for larger sizes. Fame and glory doesn't pay the bills.

I agree with Mark. Charge them much more than $50 or even 10%. They are hoping to to get your work essentially for free. Keep in mind that this is not a charity or a starving artist who might need a break. This is a business that should respect you for your time, effort and creativity. Would they let you use their templates and print services as much as you wanted for $50? No way.

Basically, you are being screwed. Now is the time for negotiations! They came with an offer, you need to counter. It all depends what it is worth to you. Wish I had concrete dollar advice, but I don't. Let them know that the original offer was for showroom only for a $50 credit. Now they want so much more. Tell them you really like their services and would be delighted to have your images shown the way they want to show them. Ask for what you think this is all worth. Perhaps at the least, you would like to do a 2013 calendar run of "so many copies" and you would like them to be free to you as they would like free use of your previous images.

It is a negotiation. If they REALLY like your images and they think your images will help sell THEIR services for unknown thousands of dollars, they ought to give you some freebie considerations.

If they stick to the $50 or nothing, it will be up to you to decide if you are getting what you are worth out of it.

My opinion is subject to derision!

Troup Nightingale
Southeastern Photography
http://www.southeasternphotography.com

Thanks guys for your advice. I thought it was a bit rich for them to turn around and say they wanted so much more use of the images after only taking about showroom use. Troup, that's a good idea about perhaps getting next years run for free. Got me thinking about what I can negotiate.

Basically it tells you how little they value you as a customer. The 10% discount is not out of line for "house" pros in any profession, and in fact low in some. It will be helping your bottom line in a small way, just as you are helping their bottom line. As a pro fly fisher and instructor for one store, I get the same 20% discount at the store that all guides receive. I also get discounts as large as 50% from tackle companies.

The discount is recognition that you are contributing to their business, and in fact only hurts them at the level of your spending. And looking at my collection of sporting goods, you WILL spend more simply because of the discount. In the meantime I'm carrying and using the sponsor brands even if I'm not promoting them. The same would seem to apply. You'll be proud your work is there with your name on it, and prepared to speak up for the company any time you're asked about it. If you leave (as you will) when forced to "take it or leave it" on a paltry $50 certificate, you'll have things to say about the company too.

That's the tack I'd take in negotiating.

Hank, thank you for your advice. Sounds like solid logic to me. I'm going to start drafting a reply email to them about their offer, and your thoughts have helped me clarify my thoughts. Many thanks.

I'd probably omit my reference to taking your business elsewhere. It's more effective as an "elephant in the room" than as a threat on the table.