Author Topic: VIDEO FILE PURCHASE (Read 5959 times)

Mograph · « **on:** May 15, 2017, 10:06 »

Hi all,
I just received this message and need to know your opinion, any help please! thank you in advance!

We have found your work and we love your video footage. We are interested in purchasing from you direct. We are a digital signage business and our customers create content to show on their screens. We are not looking to buy the exclusive rights to the files, you can keep selling them as you currently do. We simply want to do a bulk purchase and have the right to use the videos in our software, where our customers can use them to display on our screens and media players, but cannot download or re-use them outside of our software. It is display only. Could you please email me a quote for 50 or 100 clips?

sharpshot · « **Reply #1 on:** May 15, 2017, 10:29 »

Maybe work out how much it would cost buying from a site, give them a nice discount for buying direct and in bulk?

Mograph · « **Reply #2 on:** May 15, 2017, 11:20 »

Thank you @ sharpshot
in the site the price is between 49-79$ do you think 30% discount it will be fair for both?

Shelma1 · « **Reply #3 on:** May 15, 2017, 13:55 »

Also factor in the time it will take for back and forth emails about which files they want, going through your hard drives to find them, and sending the files. I recently had someone request to livense images from me directly, but they wanted to pay SS prices or less and wanted me to find the entire series and email them jpgs so they could look them over and decide which one(s) to license. I declined. Too much time and effort for no guarantee of anything. If these folks will guarantee licensing at least 50 clips, it might be worth it.

stockmn · « **Reply #4 on:** May 15, 2017, 14:41 »

Quote from: Mograph on May 15, 2017, 10:06

We simply want to do a bulk purchase and have the right to use the videos in our software, where our customers can use them to display on our screens and media players, but cannot download or re-use them outside of our software. It is display only. Could you please email me a quote for 50 or 100 clips?

This is a resale/distribution type license as the company is licensing your clips and then wanting to distribute them (for display only) to their customers to use on their device. There should be extended licenses involved that drive up the price considerably which is probably what they were told by whatever agency they found them on. They're hoping to do an end run around the large price they were quoted from the agency and get them on the cheap from you.

Don't license them too cheaply and don't forget to value your time which will be greater than you might think. Also, in my experience, it is often the case that after exchanging many emails with the buyer and spending a great deal of my time, the customer just disappears and the deal never happens.

Not trying to be a dark cloud, just trying to interject some reality. Good luck!

SpaceStockFootage · « **Reply #5 on:** May 15, 2017, 21:06 »

What stockmn said. If they bought them through whichever stock site, it wouldn't cost them $79 for each file, it would cost them multiple amounts of $79 as there will be multiple clients using each clip. Or they'd need an extended license. If it was me, I'd probably go for three times the price for multiple uses. So I'd base the 30% discount (if that's what I was going to give them) on the $237, rather than the $79.

So 50 to 100 clips (with a 30% discount) would work out about $8,295 to $16,590, and not $2,765 to $5,530. But I guess it's a matter or figuring out how much of a discount the site in question may have offered. And factor in the 100% commission you'll get selling direct compared to the 15/25/35% you'd get from the agency. Lets call it a nice round $10K!

Mograph · « **Reply #6 on:** May 16, 2017, 09:04 »

@Shelma1 thank you for your advice, I sent them asking for the clips they want, and I will not sent anything, they can see in the site. if we arrive to an agreement I will send the clips when they pay for them.

Mograph · « **Reply #7 on:** May 16, 2017, 09:09 »

@stockmn thank you very much for your answer. actually i had this question if they use my clips in the software and display them to their clients that mean a distribution? and how much can cost full hd clip with this type of license? thank you in advance!

Mograph · « **Reply #8 on:** May 16, 2017, 09:13 »

@SpaceStockFootage thank you for your answer and for the information, the truth I am thinking of the 100% commission, so if they will pay an extended license maybe I can make a bigger Discount like 40% to catch the deal, do you think is fair and good for me?

Sean Locke Photography · « **Reply #9 on:** May 16, 2017, 09:33 »

I'm not sure it qualifies as "redistribution" as far as an EL goes, or at least I'd be annoyed if you tried to raise prices on it if it were me. Essentially, instead of them designing these display videos by hand and giving them to the client (regular license), the software "designs" the video. It's a tough call. It's almost like a template, but it only has one use for their client. But it would be the reason for someone to buy the software - that it has the videos included. Hmmmmm....

odesigns · « **Reply #10 on:** May 16, 2017, 09:44 »

I rarely do direct deals. While tempting, you lose any representation from an agency should a problem arise from the use (or more likely, misuse) of your clips.

Of course, I don't know exactly how much representation you'd get from an agency in that kind of situation, but any is better than none.

Natalyusha · « **Reply #11 on:** May 18, 2017, 01:25 »

Hi!
I have the same message.
Mograph, did you wrote to them? What they answered? I don't know what to write to them about price, they asked.
P.S.sorry for my English, I am from Ukraine:)

Mograph · « **Reply #12 on:** May 18, 2017, 09:55 »

Hi Natalyusha

after a round of mails they sent me the licensing agreement, and it is very dangerous because they want to have all the right of the videos that they can resell them or distribute without paying you any additional or back for your. and you have to give them moral Rights.
this is part of the licensing agreement they want us to sign it:

2.2 Moral Rights waived
The Licensor hereby waives its Moral Rights (if any) in relation to the Intellectual
Property and has procured a waiver of Moral Rights from the author or authors of the
Intellectual Property to enable the Licensee to use and exploit the Intellectual Property
without regard to any Moral Rights attaching.

2.3 Right to on-licence
For avoidance of doubt, the Licensee’s rights to the Intellectual Property under this
Agreement include, without limitation, the right to provide the Intellectual Property to
any other party without any further payment to the Licensor, and include the right for
the Licensee to charge a fee to any third party.

so be careful and read it very well.

Mograph · « **Reply #13 on:** May 18, 2017, 10:14 »

@Natalyusha
if they want to buy it from agency with a premium license they have to pay 299$ additional to the 79$ (in total 378$ per Clip) and they will not be able to resell it! so if you will accept something like that you must ask for a lot of money!

Natalyusha · « **Reply #14 on:** May 18, 2017, 10:39 »

@Mograph
thank you for your answer! They sent me the licensing agreement too. And i wrote to them about this 2.2 punkt.
will i not have rights to sell my videos anymore? Because of this 2.2 i am not sure anymore..
will you try sell them your videos(with big price)?

Mograph · « **Reply #15 on:** May 18, 2017, 10:56 »

@Natalyusha
I think you will keep the right to sell your videos, but Look at these lines:
the right to provide the Intellectual Property to any other party without any further payment to the Licensor, and include the right for
the Licensee to charge a fee to any third party.

That mean they can give the right to others to resell your videos too. so it is very possible you will find someone selling your clips in somewhere in the future! I do not think I will sell them the rights to be like the owners of my clips, maybe if they pay a very big money.

Natalyusha · « **Reply #16 on:** May 18, 2017, 11:01 »

Now understand , thank you!
Oh.. Its not interesting if everyone can sell my videos as owners, no no..

trucic · « **Reply #17 on:** May 22, 2017, 02:43 »

... received same message and I think they are trying to get whatever they can for as low as possible - be careful, think twice...

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Author Topic: VIDEO FILE PURCHASE (Read 5959 times)

Mograph

sharpshot

Mograph

Shelma1

stockmn

SpaceStockFootage

Mograph

Mograph

Mograph

Sean Locke Photography

odesigns

Natalyusha

Mograph

Mograph

Natalyusha

Mograph

Natalyusha

trucic

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