Pay On Publication?

Me personally I would tell them sorry but I require payment for my images. If they can't do that then tell them that you will not be able to work with them nor their publication.

And if they end up not printing it, they can get away with not paying you and they've still got your image.

I don't send an image without payment first. Way to easy to get burned.

However - if there is a contract, which there better well should be. If they breach that in anyway, at least you have a case. Just be sure to read it extra carefully if you want to go ahead with their way.

I have done a few that way. If the money is right i do it. If it is an established business you trust them or you dont get their business.

Kae, as a published feature article writer and published poet. I would advise you to stick with the caveat among writers to always require payment in advance. No exceptions. Set your personal policy and stick with it. Then you can say, "My business policy will not allow me to . . . " At the very least, upon assignment, negotiate for 50 percent up-front and the rest upon receipt of galley proofs.That way you won't have to wait an additional three months for publication before they cut you a check.

In several cases, my work was accepted but not published, for lack of space. I still got paid.

EDIT: Kae, I misread your question, but the principle applies to images as well. I think Jeffery Johnson nailed it.

Its not unusual in the publishing world. The ad contracts probably work the same way (full payment due on publication). If not enough ads come in, some pages can get cut out of the mag. Or they might decide on a different layout or run a shorter article etc.

But I like Connie's strategy - get at least partial payment up front. Especially since you haven't work with this pub before.

I've done a few this way as well....to be honest, I have forgotten about them and when the check arrives, it's a pleasant surprise!

Thanks, everyone for your comments and suggestions. My first response was to NOT go with their plan, but I thought I'd see if I were being overly distrustful. If they were buying from a stock agency, they'd have to pay up front. They have made no mention of a contract, either.
@Connie: I like this approach
@Jeffery: I'm inclined to this, but might try Connie's half-and half idea and see what response I get.
My gut feeling is, I won't be doing business with them.

You said that they made no mention of a contract, so, you should get a hold of them and show them a contract that you drew up stating that you must receive 50% up front and 50% after publication. The worst that can happen is they say no, but, they can't say yes if you don't offer it. At least give it a try before you decide not to do business with them.

Look at the publication. If they have been around, as Martin said, and are a legitimate, established, business then you maybe want to take the chance. If they publish photos all the time that means there are plenty of photogs willing to work under their terms.

I doubt that any legitimate company in the publishing business is going to use your image and not pay you. Maybe some sleazy out fit would, but not a legitimate one.

The thing is, if you are not an established, high demand photographer, you may have to take some chances. When you are selling and making all the money you want to make you can make more demands. If you are trying to grow your business, then a little more risk taking may be in order.

The market place is overwhelmed with great images. I know great photographers that send CD roms full of high resolution images to publications like Westways Magazine, National Geographic and others, just hoping to get one of their images published. Some of them have been very successful at doing that. Others not so much. Some get paid and some do it just so they can say they were published in National Geographic or some other high profile publication. The bottom line is it's a buyers market unless you are a high demand talent.

Everyone's situation is different. You have to decide what is right for you. I would also keep in mind that sending them a file is NOT a hard money loss if they have the file and you do not get paid.

And remember, the possibility that they will deviate from their terms will be directly related to how bad they want YOUR photo.

EDITED: Marlene has the right attitude, imho. You have to take chances if you are going to be successful in any business. The art business is no different.

Wow. More to think about.
@Floyd and Tony: I have a contract I've used before. I'll temper it to fit this situation.

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I've been getting paid on publication by this one outfit for a bit. Never thought twice about it.

Thanks everyone!