How Much is a Picture I Created Worth

**bzog** · 03-08-2011, 03:09 PM

I have been contacted by a company that saw a picture I modified using photoshop and they want to pay me to use the picture.

Here is the background:
The picture is of a car. The car had orange paint and black stripes, and using photoshop I was able to change the colors to see what the car looked like in many different color combinations. I did this simply for fun and at the request of members on a car forum.

A few days ago a company contacted me about paying me to use the picture in a marketing campaign. I researched the company and the car company that makes this car is a client of the marketing company, so I assume it would be used in some sort of campaign for the car.

I have a few questions:

1) Since the picture was not mine to begin with, am I really allowed to sell it? Perhaps since the company does marketing for the car company they have permission to use any picture of the car company?
2) Here is what they say the contract would be: 2 year unlimited usage excluding broadcast.

So I assume that they are using this in print ads and on the internet (anything but TV) for two years?

3) The big question: how much should I ask from them to use the picture assuming that I have the right to do so? I have no idea what it is worth. I've never sold any form of artwork. I'm sure they have the ability to access any picture from the car company and the designers to create basically the same thing, so I don't want to ask too much, but I don't want to leave a ton of money on the table if this is actually worth a good amount of money.

TIA

**lurkertom** · 03-08-2011, 03:26 PM

You may run into copyright issues if the "owner/photographer" of the original photograph gets wind of what is going on. Any way to contact the photographer to ask for permission to use it? You could go on a photography forum and ask around to see if anyone has experience with that sort of thing (selling a p-shopped image). Maybe see what the going rate is for images of that nature. Sounds to me like you might make a small profit out of this.
I let an aftermarket parts company use photos that I took of one of their products on my car and they repaid me with some inexpensive swag and a $25.00 gift card good for anything they sell. They also used the photos on their web site.

**bzog** · 03-08-2011, 03:33 PM

Well my thinking is that surely this company has some sort of agreement with the car company to use any of the pictures on their media website, and thus the car company would not have a problem with it. I'm guessing the picture is going to be used in advertisements for the car. Surely the advertising company is allowed to use images of the car that the car company owns to create advertisements for the car?

**lurkertom** · 03-08-2011, 04:42 PM

You are only guessing as to how they will use the photo. How they choose to use it after you sign off on it is up to them unless you somehow get them to agree before-hand to use the photo in ways that you stipulate. The agreement between them and the car company is just that. You are not a party to it. The question here is whether or not you have the rights to the p-shopped photo.

It is intellectual property - that's why they came to you in the first place asking permission (via contract) to use what you "created". Unless you are certain that you have permission from the photographer to use it without restrictions or that the original photo is in the public domain you're in a gray area. That could come back to haunt you later.

As far as how much you'll be paid for the p-shopped photo they'd like to use...it is only one photo. I probably wouldn't get too excited about the big numbers. They are not trying to hire you to do more than that are they?

Check out this thread in Copyrights --> http://www.expertlaw.com/forums/showthread.php?t=115059

**bzog** · 03-08-2011, 04:55 PM

Well if you go to google images and search the name of the vehicle, it is the first picture to come up. That said I still don't own the picture, but does that mean the picture is in "public domain"?

And apparently you don't think I will be getting any meaningful amount of money from this; I think it would be cool to just see my work in an ad somewhere. If I tell them they can use my image for free does that still put me in any sort of possible legal trouble?

**lurkertom** · 03-08-2011, 05:07 PM

I'd only be guessing at the first part and that last part. I do know that intellectual property issues are really heating up these days, so if it were me, I would proceed with caution when it comes to using someone else's photo for personal gain. I'm just sayin'

**Desertgal** · 03-13-2011, 03:29 PM

What does the company say when you tell them where you got the original image? Do they seem concerned that it's not your own or where you got it from? If so, then I would definitely say no to them unless you can get the original photographer to give you permission. It could potentially end up being more trouble than it's worth.

jk · 03-13-2011, 08:50 PM

bzog;499667]Well if you go to google images and search the name of the vehicle, it is the first picture to come up. That said I still don't own the picture, but does that mean the picture is in "public domain"?

No, it doesn't. So far you are looking at copyright infringement for your use of the picture and that is before you consider selling it. Just because something is on the internet doesn't mean it is in the public domain.

.

If I tell them they can use my image for free does that still put me in any sort of possible legal trouble

?yes, copyright infringement.

The picture is not yours. Unless you get permission from the copyright owner to use it, or would discover it is pubic domain, you are infringing on the rights of the owner.