What is fair compensation for the use of photos in a film?

February 4, 2009 10:48 PM

I have a website which features many photos. Today, a researcher of a documentary wrote me asking if it would be possible to use the pictures in the film in exchange for compensation.

First, what is fair compensation? And second what should I keep in mind about this? The pics pertain to a non-profit cultural documentation project which I run.

The other trouble is, without going into specifics, the nature of the documentary seems a bit sketchy, it'd be as if I had a website about the big bang and someone wanted to use my NASA photos in a documentary about UFOs. What do you think about that?

posted by mateuslee to law & government (4 comments total)

For example, is it acceptable to ask for a copy of the finished documentary and to request that my project name gets mentioned in the credits?
posted by mateuslee at 11:08 PM on February 4

Fair compensation depends on the size of the project, if it really is a small-run non-profit cultural documentation project I suspect the compensation will be symbolic at best. It all depends on what you feel good with. The same goes for allowing use at all, if you don't like the idea of it, don't license your pictures.

As far as non-monetary compensation, anything goes. A copy of the finished documentary is almost assumed, as is credit - although sometimes you exchange credit for monetary compensation. Ask yourself if you want to be connected to this documentary you find to be a bit sketchy?
posted by jedrek at 2:32 AM on February 5

You don't mention if your photos contain any people, but if they do you're going to want to make sure you've got signed clearance forms from any people appearing in them.

If you think the doco sounds a bit dodgy (and even if you don't, probably) you should request that you should be credited for your photographs but not in any way that suggests you agree with or support the documentary's position. Check out stock photo sites for a better way of wording that: I've seen such statements when grabbing stock photography off them (and possibly also Flickr's Creative Commons section?) to use in websites at work. I imagine it's a pretty standard thing for people selling photographs for uses they may not agree with or care to look like they're supporting.
posted by springbound at 4:42 AM on February 5

Aha, here is what I meant re the wording of legalese: "....attribute the work... (but not in any way that suggests that they endorse you or your use of the work)."
posted by springbound at 4:46 AM on February 5