What should I do or ask?

I received an email regarding a couple of my shots I posted on Flikr from a man claiming to be the Special Features Editor of the leading independent photoraphic press agency in the UK.

He is offering me 50% of any sales used in publications worldwide and of course I would retain the copyright. No mention is made if he wants excluisivity or anything.

This is probably no surprise to anyone, but I have only been photography for a little over 3 years now and have never sold anything to a commercial company (only a few pieces to private people). This just sounds like a stock photo place in UK. With my extremely limited experience in this, I actually don't know what to ask for (i.e., contract in writing?) or look for to protect myself and my images. I just don't want to come across as the rookie I am in this deal and get myself in a pickle. Any help would be GREATLY appreciated!

Thanks!!!
Kurt

Congratulations on the recognition and opportunity, Kurt. Well deserved. I wish I had some experience that I could help you with your question.

CAZ might have a better answer for this, and I'm not lawyer, so take this for what it's worth. I'd ask if he has a contract he uses that you can see. I have my own rights-managed contract I use for companies that don't work with photographers often, but since this sounds like a bigger company that works with a lot of photographers, they should have their own contract. If not, that would set off some red flags for me. Then, of course, read over the contract very carefully and suggest changes if there's something you really don't like (for instance, I'd never give exclusivity to a stock agency that may never sell the photo). You might also do a search for similar contracts from other stock agencies (or just a sample contract posted online) and compare them to see if the wording is similar or if there's things missing in their contract that you would want included (like, for instance, an audit clause, which gives you the right to audit their records to verify they are paying you the right amounts...not that it would likely be worthwhile to actually do the audit for just a couple images, but if it's included this can be a sign that the contract is fair). The contract, of course, should also clearly state the payment terms and when the payments will be made. Don't rely on any statements made over email.

I'd also recommend Googling the name of the person and the company to make sure there's no red flags there and that everything seems legit. Finally, to help ensure he's legit, I'd make sure the email domain he's writing you from is the same as the domain of the company web site. I've had very mixed experiences working with companies overseas (even though they're legit companies not scammers), so I'm always leery. Some seem to think payment and abiding by the contract is optional, seeing as you'd have to fly overseas to sue them and that's not likely if it's for a small amount.

Exactly what Grant said. Spot on advice. I hope this works out well for you!

Hi Kurt - I agree with Grant and would add a few more things. (1) You should specify exactly what the penalty will be if timely payments are not made; (2) Try to change the jurisdiction of the contract from wherever they are to wherever you are (Colorado); (3) If it smells fishy or they seem unprofessional, don't waste your time talking/corresponding/negotiating with them - just thank them for their interest and walk away.

Morris, Grant, Bret and CAZ, thanks a million for the advice! This really gives me a great start at discussions with these guys and I really appreciate the time each of you took to respond.

Great advice for the rest of us, so thanks Grant/CAZ.

Yep, great advice and congrats!