Advice needed on commercial use of a pic (not stock!)

[aspender]

Hi all,

I've received half-arsed emails expressing interest in some of my flickr pics before, but they've all been badly spelt and smelling of scams. However, I've just received this one which looks kosher:

---
Hello Adrian,

My name is Andrea Monzo. I am interested in using your
images of the Chicago River for an animated project I'm
currently working on. The project is an educational series
for broadcast TV about little animals saving other baby
animals. We are looking to use just a portion of the images
to complete an original background design. Since we are
producing the show for a third party broadcaster, we would
need to have the images (non-exclusively) in all forms of
media in perpetuity and I am unable to guarantee screen
credit. But that means that your shots would be used for
TV! We would need them in high resolution (300 dpi at
1480x1040 pixels, at least).


Please contact me at xxxx (email address omitted)

Thank you again for your time!

(full name, New York adress, work and cell phone omitted)
---

So it looks the real deal to me, which is exciting! The production company has a web site which looks professional and includes videos of their work. The person above is listed on the site.

The picture in question is probably this one.

So, now to my questions, having never done this before.

What would I be giving away by reference to "we would need to have the images (non-exclusively) in all forms of media in perpetuity." The "non-exclusively" bit is encouraging, and I have no problem with them using it forever. However what else do I need to check out?

My first thought was "great, I can ask for some dosh", but after a bit of research about what they produce, I'm inclined to provide the picture gratis (especially as it is just a snap) and request the credit if possible and also a copy of the final production. Any thoughts, or things I need to get agreed. This is a new one on me.

Cheers,

Aidy.

[graham@edinburgh]

Sounds to me like they simply want to use your picture in their producton and have the right to use said picture however they please. Without paying you anything.

The "it'll be on TV!" bit smells of "so you should be grateful we're doing this for you" ie they don't want to pay for it, especially since they mention lack of credit. Personally I'd tell em to get stuffed - they're chancers. As long as you appreciate that though, it's up to you

[crmcatee]

Me - I'd say on your bike.

[RobDickinson]

If there a money making company (which sounds the case) then your entitled to ask for payment.

The in perpetuity thing is fair game IMO, they dont want to have to fork out money for pisc etc for ever moer, they just want the right to use the image as much as they need for that production.

I'd sell em it specificaly for that one use.

[aspender]

Thanks for the responses. In the end I replied with the following:

“Thank you for the message. To begin with, can you please indicate which image or images you are interested in using?

I assume that as you mention that this animated show is for a 3rd party broadcaster that it is a commercial venture on the part of Little Airplane? As such, could you give an indication if the production is destined for local, national or international broadcast?

If this is indeed a commercial venture then please also forward a fuller contract for me to consider. As I’m sure you are aware, whilst I do not make a living from photography others certainly do and as such I would not expect to give my work away for free for commercial use.

On receipt of the requested information I can make a proposal to you with regard to a fair market rate for the photograph or photographs you are interested in.

I look forward to your reply.”

No reply yet, probably unsuprisingly!

[Gemm]

Good reply!

Interesting to see how they'll come back to you. They should've explained all that you've replied in their first correspondence anyway.

[graham@edinburgh]

Gemm said:

They should've explained all that you've replied in their first correspondence anyway.

As I said - chancers They're trying it on.

[pikey]

This (next to it) looks really odd:
www.flickr.com/photos/aspender/168443012/in/set-72157594167783607/

[aspender]

The Crown Fountain. Apparently designed as a modern interpretation of the way fountains have gargoyles spouting water. The faces are animated and at certain intervals spout out water from their mouths.