Never sell your likeness in photos without a signed, officially written contract
BlackTechLogy: That time an artist got upset because I wanted to read a legal contract before she could draw my picture
This post is part of a series entitled “BlackTechLogy.” Click here for the archived posts.
When I saw the new follower on Bluesky, I did what I always do. I went to this person’s account to see if I wanted to follow back. With a collection of stunning hand-drawn artwork, I was amazed by her creativity and immediately restacked my favorite image of the bunch. Then, I saw the direct message alert and sighed.
Anytime someone sends a direct message as soon as you follow back, there’s a 99% chance they’re trying to sell you something. I shook my head, wondering how much this sales pitch was going to cost me. I was pleasantly surprised to find out that she didn’t want me to buy anything. Instead, she liked a photograph I’d taken of myself and wanted to create a version of it in her drawing style. She wanted my permission to use my likeness in an upcoming art campaign.
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As an Amazon affiliate, I earn a percentage from purchases with my referral links. I know some consumers are choosing to boycott Amazon for its DEI removal. However, after thinking about this thoroughly, I choose to continue promoting intriguing products from small businesses, women-owned businesses and (specifically) Black-owned businesses who still feature their items on Amazon. All five of my Substack publications now include a MINIMUM of one product sold by a Black-owned business. (I have visited the seller’s official site, not just the Amazon Black-owned logo, to verify this.) If you still choose to boycott, I 100% respect that decision.
This wasn’t my first time negotiating pricing for a photograph. I’d done it two other times with a photograph of me and one of my dogs — and made a four-digit amount from it. I’d also worked with three business attorneys in the past, one of which specialized in photo rights, so I knew what to look for when reading through a contract.
Recommended Reads About Photo Licensing
Picture this: Learning the rights to sharing photos
Imitated but not flattering: Online stores, social media hurting artists’ bank accounts
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I told her I was interested in her request and to please attach the written contract detailing how, when and where the photo would be used; whether it would be used in print or online ads; would it require exclusive rights; whether I’d be able to approve the final product; the start and end dates; and a few other common legal questions for photo licensing.
Recommended Read: “Tips to remember before you sell pet photos ~ The third time one dog photograph made me money”
Her response? She insisted she’d give me $500 and asked me, “Do you understand?”
I made it clear to her that I did indeed understand her request, but I would prefer to review a written agreement with all of this spelled out. Bluesky direct message wasn’t going to cut it. Again, she repeated how she was going to pay me $500 as though that was all I needed to know. For the third time, I requested a legal contract to look over. Her response? She blocked me.
For photographers, artists and pretty much anyone who is interested in doing business online with imaging, this is the type of artist who gets in her own way simply from being too lazy to do the bare minimum. Sadly, as talented as she is, these antics may end up getting her sued. Before that though, cease-and-desist letters may deter artists from making careless (and illegal) mistakes.