In 2011 I attended an outdoor concert and took a few pictures of the band.
The other day I was contacted by a company called Gate 3 Design. They are designing the interior of a new Applebee’s restaurant. The contact person wants to use three of my images, including the one above, she found on Flickr for a digitally printed mural. Here’s a quote from the email:
The murals are compiled of digital images that represent the community from festivals, landmarks, events, sports, etc.
When I asked which images and what size/resolution so I could determine a license fee, she said:
We are not asking to license the image (you may retain all licensing/rights to your photos). We are requesting a one-time use. We are happy to display a photo credit with your name and website alongside any images that are selected for the final design. If you agree, please sign and return the attached photo release form granting us permission.
Uh, let me get this straight: Applebee’s wants to use my images for commercial use but is not willing to pay for them? How about I go to Applebee’s and instead of paying for the food I give them “credit” by telling my friends how great they are or maybe wearing an Applebee’s T-Shirt?
Look, I get it. It seems nice on the face of it. “Hey, let’s get pictures of the community taken by members of the community! When they come hang out at the local Applebee’s they can see pictures taken by their friends and neighbors! Cool, right?”
It’s this kind of behavior that has degraded the photography profession. People think pictures are free. Anyone with a cellphone can snap a picture. But if that picture has value to someone or a company, shouldn’t you be paid for it? It’s no different than an art buyer buying a painting for their home. Or if you go to Target or Wal Mart and buy a poster to hang on your wall. If you want the art, you have to pay for it. It has value.
The “one-time” use is a permanent or semi-permanent display of my work no matter how many times it is used. That release form, by the way, states that my photo may be used “incidentally” if a picture of the interior of the restaurant happens to show my images in the shot. Great, so my images could be used to market the ambiance of the business, which is a factor in drawing in patrons; but Applebee’s cannot afford to pay a dime.
I’m not sure if Applebee’s is to blame here or the company they hired to do the design. But that’s no excuse for a corporation not to ask where the images are coming from and it is certainly deplorable that Gate 3 wants to use images without paying for them. They “favorited” my images they want to use so I assume the other images in their “favorites” are also ones they want to use. You can see them here: http://www.flickr.com/photos/23746554@N04/favorites/. It’s clear they didn’t choose crappy cell phone pictures but rather quality images taken by people with skill.
Credit is nice, but it doesn’t pay my bills. Even if you are not a professional photographer, if you have something of value that someone wants, wouldn’t you expect something in return?