BetterPhoto Q&A
Category: Photography Careers and Making Money

BetterPhoto Member		unexpected sale opportunity, need advice I'm in the process of finalizing an agreement with a stock agency to sell images on both a rights-managed and royalty-free basis, and I will be agreeing to exclusivity regarding the images with that agency. These images won't be edited and marketable for 3 months or so, but in the meantime someone has contacted me about the use of some images. Is there any harm in selling non-exclusive rights to these now or will this jeopardize the potential of these images in the future. If an image is sold previous to a rights-managed agreement is this a contradiction? The agency in question has done me a honor by agreeing to represent me and I don't want to risk that relationship, but it seems like these images should be able to generate revenue in the meantime. Any advice is appreciated. jay Sturdevant www.jaysturdevant.com To love this question, log in above November 20, 2006

Debbie Del Tejo		In my humble opinion, if it such an HONOR for them to represent you, then why would you be willing to risk the relationship? Why not ask them outright yourself if it would? that is what I would do. To love this comment, log in above November 20, 2006

Mark Feldstein		Well Jay, honor aside for the moment understand first that this is a business and unless you understand the usual and customary industry practices that pertain to your business you could essentially wind up dishonoring yourself. I agree with Deb. You need to be asking a lot of questions, especially if this is your first forray into stock work, usage agreements, contracting with stock agencies, etc. Remember, a stock image is kind of like a new car sitting on the showroom floor: As soon as you drive it off the lot, i.e., publish the thing, it starts to depreciate. Exclusivity agreements have troubled professional photographers for a long while. Some accept them, others don't. I'm one that doesn't but then my agency doesn't require it. Nor do I think microstock outfits require exclusivity or prohibit multiple submissions to other agencies. If they do, I'd run don't walk because what they pay vs. what you may be losing in terms of earning potential for any particular image could be substantial. I highly recommend that you get a copy of the Photo District News annual stock edition, November 2006 and review it thoroughly for some of the fundamentals, how the industry is changing, what microstock is doing to the stock business, and some of the newer rules that apply to the industry. http://www.pdnonline.com. Meanwhile, take it light. ;>) Mark To love this comment, log in above November 20, 2006

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