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-   -   Request for "digital rights" from Konrad Fuetter (http://www.railpictures.net/forums/showthread.php?t=16103)

DWHonan 01-23-2013 02:05 PM

Request for "digital rights" from Konrad Fuetter
 
Has anyone else received an email from Konrad Fuetter similar to this?

Quote:

Hi David,

I am interested in buying digital rights to some of your photos I saw on RailPictures.com. Could you please let me know if you sell them, what restrictions you have on use, and what the price would be.

Sincerely,

Konrad Fuetter
This seemed fishy, so I asked for more info:

Quote:

What I am interested in doing is printing photos of railroads combined with beautiful nature scenes for sale to railfans at rail memorabilia shows and on the internet. I am still working on the business plan but starting out their are four of your photos I am interested in ...
First, I'm flattered: Cool, somebody thinks my work is nice enough to want to print and sell at shows. Of course, the realities are:
  1. How can I reasonably trust my original files with someone I've never heard of? I have no problem arranging a licensing agreement with a company accustomed to dealing with usage restrictions on marketing materials, but how do I guarantee a level of trustworthiness with some random internet person?
  2. There is no verifiable means of recording sales.
  3. How to determine a "digital rights" fee so that I earn fair value for my work while the reseller earns fair markup for his efforts in production and distribution?
  4. I sell my own prints directly; how do I know I won't be undersold on my own work?
  5. No business plan to present to the photographers he wants to enlist.

Given these concerns, I declined to participate in his venture. I'm curious if anyone else has been contacted by Mr. Fuetter and what information has come forth from those discussions.

Joe the Photog 01-23-2013 02:20 PM

Way too many alarm bells going off in my head. It sounds beyond fishy to me. I would have done what you did and declined the offer or else make the price so high no reasonable person would agree.

Just by nature, I am skeptical of anyone who signs an e-mail "Sincerely" when they don't know me.

nikos1 01-23-2013 02:46 PM

Selling my original files so he can make unlimited prints? Hell to the no...........
Tell him that if he wants to sell prints at shows he can order the prints from you.

Holloran Grade 01-23-2013 04:49 PM

Ever bought a print at a railroad show?

I think if you were talking about a pile of money, that would be one thing, but this guy would be lucky to clear a grand over his life time on any one photo sold at rail shows.

I would sell a limited licence for use, but only for a certain number of duplicates and I would want to know where the shows are.;-)

Quote:

Originally Posted by Joe the Photog (Post 163403)
............Just by nature, I am skeptical of anyone who signs an e-mail "Sincerely" when they don't know me.

How do you sign things?

Ron Flanary 01-23-2013 05:10 PM

As quickly as possible....walk away from this. Just from what little you shared from this guy, he clearly has no clue of the publishing business, or certainly the market. To my knowledge, the is no such thing as "digital rights." An image is an image, and the law covers the same no matter if it's a transparency, negative, print, or digital file. The downside of a digital image is that it can be shared with everyone in the world. He can purchase ONE TIME rights for use of an image, but that's it. It remains your image until the second coming, or the death of the last bitter and narrow-minded old white man, whichever is first.

I hear from guys like this off and on all the time. Translated, it means this: "....I can't photograph trains worth a shit, but I'd love to use your photography to make some money for myself....at your expense, of course."

No thank you, dude...

Joe the Photog 01-23-2013 05:42 PM

Quote:

Originally Posted by Holloran Grade (Post 163409)
How do you sign things?

As generic as possible. I hate sincerity. It seems so phony.

Regards,


Joe Hinson

Watain 01-23-2013 06:11 PM

I wouldn't trust anyone named.. Konrad.

KevinM 01-23-2013 08:20 PM

Quote:

Originally Posted by Ron Flanary (Post 163410)
I hear from guys like this off and on all the time. Translated, it means this: "....I can't photograph trains worth a shit, but I'd love to use your photography to make some money for myself....at your expense, of course."

No thank you, dude...

I think Ron about summed it up. The vast majority of the RP e-mails that I get are from people wanting to do something with one or more of my images, but offering nothing other than "full credit" in return. I'm under no illusion that my stuff has any particular market value, but it is worth something to me. I don't get these pictures for free. I've spent a lot of money on equipment, software, travel expenses, charter fees....not to mention a great deal of my time. I wouldn't think of asking someone else for permission to use their photos without at least offering them SOMETHING to acknowledge the fact that the images have a value to the owner.

I haven't heard from this particular fellow, but given the same circumstances, I'd probably pass.

Holloran Grade 01-23-2013 10:00 PM

Photo License.
 
I had someone e-mail me asking if they could use one of my images as a desktop on a computer, and or computers at an NS shop facility that I can't remember the name of.

When I asked for more information, they of course went silent.

I really wonder why someone would want this since I have 0 pictures of NS trains.

Ever find you photos on other people's Facebook pages and such?

sd9 01-24-2013 12:33 AM

Quote:

Originally Posted by Holloran Grade (Post 163423)

Ever find you photos on other people's Facebook pages and such?

Yes, I didn't really mind because they uploaded the whole picture with the RP copyright strip on the bottom, but then they also used it for the icon, and the front page, thus cropping it square, its a fan page for the particular railroad.....so, it's kinda, well.....so I liked it, to see what else happens

JimThias 01-24-2013 01:05 AM

Quote:

Originally Posted by Joe the Photog (Post 163411)
As generic as possible. I hate sincerity. It seems so phony.

Regards,


Joe Hinson

Damn, you couldn't even give him a "best." :lol:

JimThias 01-24-2013 01:09 AM

Quote:

Originally Posted by Watain (Post 163413)
I wouldn't trust anyone named.. Konrad.

Nor anyone who doesn't know the difference between "their" and "there."

wds 01-24-2013 01:13 AM

Quote:

Originally Posted by JimThias (Post 163431)
Nor anyone who doesn't know the difference between "their" and "there."

Don't forget "they're"! :D

Holloran Grade 01-24-2013 01:16 AM

Quote:

Originally Posted by JimThias (Post 163431)
Nor anyone who doesn't know the difference between "their" and "there."

Konrad, if that is his real name (it might be Helmet) is probably not an English speaker, so a mistake like that could be expected.

wds 01-24-2013 01:25 AM

Quote:

Originally Posted by Holloran Grade (Post 163433)
Konrad, if that is his real name (it might be Helmet) is probably not an English speaker, so a mistake like that could be expected.

Not so much anymore - possibly because the forum frequenters have matured a bit - but a few years ago you couldn't find a thread without these errors running rampant throughout. You don't have to be an ESL to make mistakes with language and/or grammer, just a kid fresh out of today's education system!

Watain 01-24-2013 01:48 AM

Quote:

Originally Posted by JimThias (Post 163431)
Nor anyone who doesn't know the difference between "their" and "there."

Indeed..

I got a similar email about someone asking for permission to use pictures on my old AOL account, I said I would charge them. What was weird is they didn't email me through RP. They never emailed me back, oddly enough, after that my account got hacked and my AIM account hijacked.:lol:

JimThias 01-24-2013 01:51 AM

Quote:

Originally Posted by Watain (Post 163440)
Indeed..

I got a similar email about someone asking for pictures on my old AOL account, I said I would charge them. What was weird is they didn't email me through RP. They never emailed me back, weirdly enough, after that my account got hacked and my AIM account hijacked.:lol:

And I have proof that your AIM acct was hacked. I'm pretty sure I saved at least one screen capture. I had some very interesting conversations with the hacker (or automated hacker, whatever it was). :lol:

sd9 01-24-2013 01:55 AM

1 Attachment(s)
Quote:

Originally Posted by Holloran Grade (Post 163433)
Konrad, if that is his real name (it might be Helmet)

Or Peggy
Attachment 7845

Watain 01-24-2013 05:05 AM

Quote:

Originally Posted by JimThias (Post 163441)
And I have proof that your AIM acct was hacked. I'm pretty sure I saved at least one screen capture. I had some very interesting conversations with the hacker (or automated hacker, whatever it was). :lol:

You did.

http://i2.photobucket.com/albums/y17...as/wayneIM.jpg

:lol:

jdirelan87 01-24-2013 06:47 AM

Back to the OP:

I'll agree that his offer brings up alot of questions, but if he is offering to pay you up front, why not see how much he will go for? Like has already been mentioned, the reality is that most people aren't going to shell out money for a print of train. If this guy would pay something like $500 or $1,000 up front to make prints of your shots with your name on it, why not let him waste his money?

The only big back fire I can think of is he is intentionally playing dumb and really wants to turn around and sell your pic to an interested company at a huge profit or something like that. That kind of scenario seems pretty outlandish, but even that could be pretty easily protected against by coming to agreement about who he can sell to (ie, only to individuals at train shows).

Plus, the reality is that if he wants to steal your work, he probably already has (like we've seen time and time again) or will sooner or later, and there is very little you can do to stop him unless you get lucky and see it somewhere.

Ween 01-24-2013 06:59 AM

I would have stopped reading after Railpictures dot COM...

Mgoldman 01-24-2013 07:13 AM

I'm with John on this one...

What do you have to loose? Just get an agreement on what can and can not be done once he has "the rights" to your digital image. Then, figure out a price that's equitable.

My guess - he's just an entrepreneur trying to make some pocket money. He'll likely post your image(s) on a site like CafePress and then offer it on merchandise like clocks, shirts, mouse pads, ect.

The negatives - cuts into your sales, but are you selling via such sites?
- you don't know where your images may show up.
(This is why I'd charge SUBSTANTIALLY more as the
resolution goes up). I doubt many advertising agencies
nor businesses would accept a low res image).

The positives - Some cash up front.
If you never see the image, in a sense, you've lost nothing
- you weren't marketing to that audience.
If you DO see the image and it's not within the confines
of the agreement, you can sue for damages, lol - and still
come out ahead. He solicits, you profit.

Last -Can't anyone simply order an 8X12 print for under $20 and then simply
scan it anyway?

/Mitch

Holloran Grade 01-24-2013 07:54 AM

Quote:

Originally Posted by Mgoldman (Post 163457)
.....My guess - he's just an entrepreneur trying to make some pocket money. ...

I think he is a helmet.

Who uses mouse pads anymore?:D

Freericks 01-24-2013 01:21 PM

I actually feel bad for Konrad... as HG noted above, this is not a business that is going to make any money. Honestly, if you have some railfan street cred or fame (like a Steve Barry, or maybe or own Mr. Flannery on this thread) I would think you might be able to pay for your framing - but if you are looking to start a business by selling prints of train photos - unless you know something that I don't know, you are trying to milk a rock.

I know that there was a time when you could pay for your railfanning trips by selling slides (shoot three, sell two, keep one), but I think even that is drying up.

Holloran Grade 01-24-2013 02:09 PM

I got that picture of 3751 making the turn out at Lavic printed and framed poster sized, and it was almost $300.

http://sphotos-b.xx.fbcdn.net/hphoto...03554673_n.jpg

I just don't see selling photos at rail events to be a big money maker, perhaps because a large portion of the attendees are still living at home with mom, or in assisted housing.:lol:


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