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Hello. I've just gotten an email from someone interested in using an image of mine on their website and I'm not sure how to proceed from here.

The image in question: http://shaydethelemur.deviantart.com/art/Tribal-bunny-67417627

The email I received is worded as follows:
"Hello ShaydetheLemur,

I've been looking around for a good picture for my website and I came across your tribal bunny. I'd be interested to use this pic for my website. Would this be ok with you?"

My reply thus far is this:
"Before I agree to license the image, I need to know where it would be displayed and what it would be used for. I would appreciate it greatly if you were to forward along the website address so I can take a look at it.

Thank you for your interest in my work, I look forward to speaking with you further."

Now, two things. The first is a slight paranoia that, in not having a URL for this person's website, I can't properly track if they end up swiping the image and using it regardless of my consent to do so. (This is making me debate a) removing the image from my deviantArt gallery entirely or b) heavily watermarking the image after saving a copy to my computer.) The other is that I cannot for the life of me think of how to word a response indicating that I won't let the image be used without being compensated for it.

Any advice would be greatly appreciated. Thanks!

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Comments

( 10 comments — Leave a comment )
otherscape
Jul. 3rd, 2012 04:09 am (UTC)
I would first watermark the image to prevent it from being stolen if this person is in fact dirty, just as a precaution.

Second, ask if they are willing to pay for licensing the image. Usually someone interested in licensing would say so and ask if a contract can be negotiated. Sounds to me like they just want to use the pic for the website just like that with no compensation (or they don't understand that you need compensation).

Third, if you do go through with it, make sure you have a contract outlining the terms and payment.

synviver
Jul. 3rd, 2012 05:57 am (UTC)
I got another email from them not long after the initial reply, they said they want to use it (possibly) for a raw/vegan diet site that they're putting together. I've been sitting on sending another response because I'm not entirely sure how to word a reply bringing up compensation in a way that seems professional, as well as still batting around how much I'm thinking would be fair comp to me.

As far as I can tell they only want to use it as an icon, so I've been thinking something along the lines of five bucks a month or a flat fee of fifty for a year. Of course, if they planned on making merch with it or something, then I'd be talking about a contract with royalties at the very least.
bladespark
Jul. 3rd, 2012 09:37 am (UTC)
Just go ahead like it never crossed your mind they wouldn't pay.

"Sure, non-commercial use would be $x or if you're planning on making ad or other revenue through the site, that's $y. I accept blah and foo forms of payment, and can send you a high-res version of the image as soon as I get payment in. Thanks!" Or whatever variation on that sounds best to you.
ansur2
Jul. 3rd, 2012 03:19 pm (UTC)
I agree with all of this ^
otherscape
Jul. 3rd, 2012 04:22 pm (UTC)
IAWTC
synviver
Jul. 3rd, 2012 09:41 pm (UTC)
Oh, THANK YOU. This helps so much, I really appreciate it!
growly
Jul. 4th, 2012 01:00 am (UTC)
Yupyup, that's how I do it too.
tabernak
Jul. 3rd, 2012 04:51 am (UTC)
Contact your legal team immediately






In all seriousness, your response is fine, there's no need to worry if the person contacted you in the first place.
synviver
Jul. 3rd, 2012 05:58 am (UTC)
But I don't have a legal team! ;__;

Glad to know that my response wasn't horrible, though. I always get paranoid when wording professional emails and worry that I'm going to stick my foot in my mouth somehow.
databank
Jul. 3rd, 2012 06:43 am (UTC)
One thing I would *not* do is pull the image. If this person were inclined to swipe the picture regardless, they've probably already saved it (and really, likely wouldn't have even asked.)
( 10 comments — Leave a comment )

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