TERMS FOR THE SUBMISSION OF STOCK PHOTOGRAPHS

Barnes & Noble (BN) is located at 122 Fifth Avenue, New York, NY 10011. These terms apply to all usage and rights purchases pertaining to photographs. These terms, along with an overview of our preferences for film and digital submissions can always be found on-line at www.bnpub.com/photo/terms.html.

We create illustrated books and calendars on a variety of topics. This statement outlines in plain English the terms under which we purchase the use of stock photography. If you have a specific question or concern, or have disagreements with any of these terms, please feel free to discuss them with one of our Photo Editors, or with the Photography Director. These terms apply to all stock photography purchases, on all projects, unless specifically waived in writing by the Photography Director.

PRIMARY RIGHTS THAT WE NEED TO PURCHASE: In brief, the rights that we need to purchase can be summed up in a single phrase: All editions of a particular title, plus related promotions. Explanations for those two broad phrases follow:

All Editions: Our books may be printed in hardback, paperback, or both, and because of the high cost of printing, are usually printed several times in relatively small quantities (starting with as few as 1200 copies). Quantities and distribution can vary from title to title, and can change over the life of a book. Some books reprint several times. Some books are only printed once.
Related Promotions: Included in our purchase/lease of your photographs is our right to include the book in our catalog(s), on-line website and very occasionally in advertisements. This is always done in the context of the book. We will not take a photograph from within the book to use as an illustration in our catalog (or on-line) without paying the photographer/source an additional fee.

In addition, newspapers and magazines occasionally want to review some of our books, showing a sample spread or individual photograph(s) from the book’s interior. If the newspaper or magazine is willing to scan directly from the book itself, without the need for us to supply the image, we ask that they credit the individual photographer whose work is shown. This must be a book review, and we generally don’t pay the photographer for this related promotion. However, if we need to retrieve the image from the photographer, then we will pay the photographer/source the same rate that the image was used in the original book. The newspaper/magazine or we will cover the related shipping costs, if any. BN may choose to scan the photographer’s original, returning the original to the photographer immediately, and have the reviewer use the scan. The copyright always remains with the photographer, and will be credited accordingly.

REPRODUCTION FEES: For Rights Managed (RM) images, stock photographs are leased/purchased for use in the interior of our books and/or calendars at a flat rate, regardless of the final size of reproduction, the press run, or the geographic distribution. The second usage of an image within the book pays 50% of the original rate. If we compile several books from a series into one larger book, working from existing separations of the original books, we will pay the photographer 35-50%, unless another arrangement is necessary with an individual photographer. Cover rates are negotiated separately. Payment for all stock photography is made upon publication or when the final selection process is complete and the first proofs have been reviewed.

TERMS & VALUATION: Since most submissions are now made digitally, the question of valuation of original transparencies has become almost a moot point.  However, since we do still receive a small percentage of of our submissions as color slides or B&W prints, the issue of valuation is still occasionally discussed, or referred to in photographer's paperwork.   BN does not automatically accept or agree to the conditions and stipulations printed on delivery memos and/or related correspondence from individual photographers or stock agencies. Exceptions to this disclaimer of liability on the part of BNP must be prearranged, executed in writing and signed by both parties prior to the shipment of materials in question. We do not accept the premise that any and all original photographic images have a minimum or liquidated value of $1500 and our holding of photographs submitted with paperwork stating such valuation does not automatically constitute an acceptance, on our part, of such terms and conditions. We do recognize that professionally produced photographs have a value, but prefer to assign that value on a case-by-case basis, in the rare instances that loss or damages occur. Many submissions are packaged by the source in such a way that makes it impossible to inspect the actual surface of the transparency without breaking a seal and incurring a comp fee. Therefore, prior existing damage cannot be determined. Additionally, it is often impossible to distinguish between some originals and some great dupes, especially in the absence of the original. Here is a longer explanation of this position.

We go to great lengths to safeguard your images while they are in our care, including the use of archival storage sleeves and boxes, as well as a custom designed computer tracking system. Each person along the production chain will do his or her best to handle your photographs with care. While we still appreciate the opportunity of working with original transparencies, we would prefer to receive very high-resolution scans (drum scans, desktop scans) of any image(s) that you consider irreplaceable, or that value at more than $250. The reproduction of photographs is most often done via offset lithography, which is a manufacturing process, and any image chosen for publication will be removed from its protective mount and attached to image scanning equipment. For these reasons, and due to the wide variety of differences between the submission terms on different photographer’s paperwork, we will not sign any delivery memos. Upon the receipt of photographs, we will send each photo source our own paperwork confirming the number of photographs received, broken down by format (samples upon request). All submitted photographs must be clearly labeled with the photographer’s name. Detailed captions are preferred and will increase the chance of final selection.

Digital Submission Guidelines can be found here.

This memo is meant to clearly state our terms, and we welcome dialogue on any of these issues. Please direct any questions or concerns to Christopher Bain, the Photography Director. (March 2008)

Barnes & Noble . 122 Fifth Avenue . New York, NY 10011