Buying Distribution Rights?

[Bornes]

Not sure if this would go here or in pricing talks, so I apologize in advance.

Basically, I have a piece of work done for free by someone. This work has become ubiquitous for a psuedo-business entity (which makes no profit, but also is not a registered business or non profit). I thought the right thing to do at this point would be to contact the creator and purchase the distribution rights for the work.

Mainly, I just don't want to feel bad not crediting them any time I use the work.

So I contacted them and stated precisely this, that the piece of work was pretty much everywhere now, and while I didn't want to credit them any time I posted it, I also didn't forsee me making any money from using said work.

They came back and said they had absolutely no idea how to deal with this as they have no experience with purchasing copyright or distribution rights and wouldn't know where to begin. I said the same thing but I felt it would be good to compensate them somehow. They said (paraphrased) "Let's just make an agreement that you can use my work without credit as long as you don't pretend you did the work yourself."

I haven't contacted them again because I'm unsure of how to proceed from here.
I don't want to claim I did the work, but I'm manipulating this work often and it pretty much represents this entity. Right now a "gentleman's agreement" (for lack of better wording) is fine, but I have a fear that this may become a big issue later, especially if I ever get around to registering this entity officially.

Any ideas or suggestions?
Thank you.

Edited January 11, 2019 by Bornes

[Alkraas]

I would contact them again and tell them that you manipulate/edit the work and ask them if it counts for that first agreement that you two made as well. Maybe they accept and want you to state their name and what edits you made when someone asks for the creator of the picture. Otherwise, I'd offer a price for the rights and let them accept, decline or haggle over the price, atleast, that's how I'd handle the situation ^^;

[Bornes]

@Alkraas I can't reveal too much or else this won't be anonymous anymore, but they're aware of the edits, the main one was done with permission for that specific project, so I would assume that similar edits would be covered without asking for permission first.

As for a price, yeah, that's.. Neither of us know what price to offer. They don't ever charge for this type of work, even though this type of work could be charged for (if that makes sense).
Also their messages seem like they are uncomfortable with the idea of me paying for this agreement without some sort of contract stipulating the agreement. But neither of us know where to begin on writing such an agreement. So, I'm at a loss...

I am willing to write it myself and bring it to them again, but I need some guidance on what the contract/agreement should say.

I know that typically, distribution rights for art are expensive (Past AB posts on LJ had said something like triple what they'd charge for that type of commission at least), but given I'm not making money off the distribution (theoretically anyway), and they also don't ever charge for their work, I'm stuck at ground zero again.

I'm not rushing to give this person tons of money (or cheat them!) but I do want to clear my conscience.

Edited January 11, 2019 by Bornes

[Alkraas]

@Bornes I see! I had to write up an agreement/"contact" for a client some time ago who wished to purchase the rights to a logo commission I did for him. I added an image of it in this post, perhaps it be a bit of help? The client and I both have the .pdf file stored.

[James]

1 hour ago, Alkraas said:

@Bornes I see! I had to write up an agreement/"contact" for a client some time ago who wished to purchase the rights to a logo commission I did for him. I added an image of it in this post, perhaps it be a bit of help? The client and I both have the .pdf file stored.

 

I get a lot of work through a single apparel company, and this is exactly the kind of agreement I send them at the close of every transaction.