Posted by Danny Laureys on January 4, 2013 at 2:15 PM
Hi,
I received an e-mail from a company called Image Essence in California, which produces and sells Audio Visual DVD Presentation with landscape and nature photography, asking me to be one of their guest photographers doing a theme called "Nature's Photo Art" using images from my photo art gallery on my web site. They would pay me $5 per DVD sale or file download on their website or my website. This is without any cost to me.Has anybody heard from this company. Their website is www.imageessence.com. Any thoughts about this or suggestions.Here is also a copy of they're Photographers agreement. Thank you for your time.
Sample
Photographic Image Use Agreement
Photographic Image Use Agreement between;
Name - Photographer - referred to as Party A
Address
City/State/Zip
and
ImageEssence…Scenic and Nature Photography - referred to as Party B
Bob Schneider - Photographer
373 Sunnyside Drive
Colfax, CA 95713
Party A- allows Party B the right to use all photographic image files and trademarks supplied by Party A to Party B.
Conditions of use;
• The above mentioned photographic image files and trademarks are for use on the following Digital Audio Visual Presentation produced by Party B; only.
ImageEssence Presents – Name/Title
• The original content maybe be altered for enhancement and format only by Party B. It is understood that the photographic image files of Party A are protected by copyright laws. No other use of the photographic files is applicable for use by Party B except as stated above.
• All photographic image content to be approved by Party A prior to release for sale of the above mentioned Digital Audio Visual Presentation produced by Party B.
• Term of this agreement; as long as the above mentioned Digital Audio Visual Presentation is produced by Party B for sale, or Party A requests in writing that their work not be used any longer.
• Party B agrees to compensate Party A for the above mentioned Digital Audio Visual Presentation as listed below;
A. Credit will be given on the Digital Audio Visual Presentation stating; Photography by Party A. Contact information; address and or website if applicable.
B. Copyright Notice(s) to be shown on the Digital Audio Visual Presentation on to protect the interest of both parties.
C. A dollar amount from the sale of the above mentioned Digital Audio Visual Presentation sold by Party B to be paid to Party A for the use of photographic images as follows;
ImageEssence Website: On-line DVD Direct Sale $5.00
ImageEssence Website: On-line File Download Sale $5.00
• Party B agrees to make payment to Party A of any sales quarterly. Payment will be made within 10-15 days after the end of each quarter during the calendar year.
• Party B releases Party A from any liabilities, special damages of any kind that may be incurred by Party B in the production or sales of the Digital Audio Visual Presentation mentioned above. Likewise, Party A releases Party B from any liabilities or special damages of any kind that may be incurred by Party A in the resale of the Digital Audio Visual Presentation mentioned above.
This Agreement and all questions relating to its validity, interpretation, performance and enforcement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to principles of conflicts of laws.
Name - Photographer- referred to as Party A
____________________________________________________________ Date ________________
Bob Schneider – Photographer- referred to as Party B
ImageEssence…Scenic & Nature Photography
____________________________________________________________ Date ________________
Posted by Lon Overacker on January 4, 2013 at 3:35 PM
Hi Danny,
I haven't received this, but I know of another NPN member who has and we discussed it. It certainly appears to be a legitimate request. In looking at their website, they've been around since 1996, and the website shows that as the html and presentation is very "early web" in design. Of course that doesn't mean much, only to say that I think it's simply a couple of togs with their little niche trying to produce a product and bring in some cache. The "terms" also are simple and have probably been around a while.
Having said that, again I think it's a straight forward and simple request. I looked, but I don't recall what the DVD's sell for, I think $24, the photographer gets $5. They also probably pay for the music rights, etc. SO, the question remains, is this an avenue you and others might want to take. I would view this as someone producing screen savers and selling them for $9.99, whatever. They aren't reselling prints or fine art quality stuff. A simple DVD with music, much like many here have done, Dan Baumbach has put several on Youtube for example.
You might as to see some sales numbers, ie. how many DVD's do you expect to sell annually, and questions like that. But the bottom line is that the terms are pretty clear, you only grant rights for that specific DVD, that's it. Seems upfront.
Two ways to look at it. 1. chance to make some change, expand some visibility with very limited effort on your part OR 2. giving away your work for peanuts. Clearly one can't expect to charge lots of money for a DVD - like screen savers, phone apps, etc. etc. Volume is what you're looking for with stuff like this.
I would be curious to hear other's thoughts on this. I personally would want more info, but would actually think about it.
My .02.
Lon
Posted by Jim Bullard on January 5, 2013 at 9:34 AM
I think the screensaver/slideshow thing is pretty much dead. The screensaver was meant to avoid screen "burn in" by constantly changing the image when the computer was not being used. The screens on the older CRTs would become permanently imprinted with an image that was displayed for long periods of time but they changed the screen design and solved that even before plasma and LCD screens came out. That leaves you with a slide show. I made a Screensaver/slide show back in 2005 and sold a handful of them but ended up giving most away as promotional items or gifts to family & friends. I'd want to know how many they actually sell. If we're talking about a very small number (we probably are) you'd be farther ahead to make your own and control the distribution.
Posted by Lon Overacker on January 5, 2013 at 2:29 PM
Jim,
I only mentioned screen savers as an example of the kind of value one might expect by putting photos in a DVD with music and selling it. High volume, low cost. The particular website/service isn't doing screen savers. Of course all your points about screen savers is/was correct.
Discussion
3 repliesI received an e-mail from a company called Image Essence in California, which produces and sells Audio Visual DVD Presentation with landscape and nature photography, asking me to be one of their guest photographers doing a theme called "Nature's Photo Art" using images from my photo art gallery on my web site. They would pay me $5 per DVD sale or file download on their website or my website. This is without any cost to me.Has anybody heard from this company. Their website is www.imageessence.com. Any thoughts about this or suggestions.Here is also a copy of they're Photographers agreement. Thank you for your time.
Sample
Photographic Image Use Agreement
Photographic Image Use Agreement between;
Name - Photographer - referred to as Party A
Address
City/State/Zip
and
ImageEssence…Scenic and Nature Photography - referred to as Party B
Bob Schneider - Photographer
373 Sunnyside Drive
Colfax, CA 95713
Party A- allows Party B the right to use all photographic image files and trademarks supplied by Party A to Party B.
Conditions of use;
• The above mentioned photographic image files and trademarks are for use on the following Digital Audio Visual Presentation produced by Party B; only.
ImageEssence Presents – Name/Title
• The original content maybe be altered for enhancement and format only by Party B. It is understood that the photographic image files of Party A are protected by copyright laws. No other use of the photographic files is applicable for use by Party B except as stated above.
• All photographic image content to be approved by Party A prior to release for sale of the above mentioned Digital Audio Visual Presentation produced by Party B.
• Term of this agreement; as long as the above mentioned Digital Audio Visual Presentation is produced by Party B for sale, or Party A requests in writing that their work not be used any longer.
• Party B agrees to compensate Party A for the above mentioned Digital Audio Visual Presentation as listed below;
A. Credit will be given on the Digital Audio Visual Presentation stating; Photography by Party A. Contact information; address and or website if applicable.
B. Copyright Notice(s) to be shown on the Digital Audio Visual Presentation on to protect the interest of both parties.
C. A dollar amount from the sale of the above mentioned Digital Audio Visual Presentation sold by Party B to be paid to Party A for the use of photographic images as follows;
ImageEssence Website: On-line DVD Direct Sale $5.00
ImageEssence Website: On-line File Download Sale $5.00
• Party B agrees to make payment to Party A of any sales quarterly. Payment will be made within 10-15 days after the end of each quarter during the calendar year.
• Party B releases Party A from any liabilities, special damages of any kind that may be incurred by Party B in the production or sales of the Digital Audio Visual Presentation mentioned above. Likewise, Party A releases Party B from any liabilities or special damages of any kind that may be incurred by Party A in the resale of the Digital Audio Visual Presentation mentioned above.
This Agreement and all questions relating to its validity, interpretation, performance and enforcement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to principles of conflicts of laws.
Name - Photographer- referred to as Party A
____________________________________________________________ Date ________________
Bob Schneider – Photographer- referred to as Party B
ImageEssence…Scenic & Nature Photography
____________________________________________________________ Date ________________
I haven't received this, but I know of another NPN member who has and we discussed it. It certainly appears to be a legitimate request. In looking at their website, they've been around since 1996, and the website shows that as the html and presentation is very "early web" in design. Of course that doesn't mean much, only to say that I think it's simply a couple of togs with their little niche trying to produce a product and bring in some cache. The "terms" also are simple and have probably been around a while.
Having said that, again I think it's a straight forward and simple request. I looked, but I don't recall what the DVD's sell for, I think $24, the photographer gets $5. They also probably pay for the music rights, etc. SO, the question remains, is this an avenue you and others might want to take. I would view this as someone producing screen savers and selling them for $9.99, whatever. They aren't reselling prints or fine art quality stuff. A simple DVD with music, much like many here have done, Dan Baumbach has put several on Youtube for example.
You might as to see some sales numbers, ie. how many DVD's do you expect to sell annually, and questions like that. But the bottom line is that the terms are pretty clear, you only grant rights for that specific DVD, that's it. Seems upfront.
Two ways to look at it. 1. chance to make some change, expand some visibility with very limited effort on your part OR 2. giving away your work for peanuts. Clearly one can't expect to charge lots of money for a DVD - like screen savers, phone apps, etc. etc. Volume is what you're looking for with stuff like this.
I would be curious to hear other's thoughts on this. I personally would want more info, but would actually think about it.
My .02.
Lon
I only mentioned screen savers as an example of the kind of value one might expect by putting photos in a DVD with music and selling it. High volume, low cost. The particular website/service isn't doing screen savers. Of course all your points about screen savers is/was correct.
Lon