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I need some licensing tips


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#1 Dakine

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Posted 10 December 2006 - 08:41 PM

I've been approached by a company that wants to use my photos. Unfortunately the way they approached it was: "Please show us all your stuff" and "We pay $50 for every shot utilized, whether it be for the website or for our promotional materials."

Now I can't claim that my work is anywhere near as good as some of you here, but fifty bucks doesn't get me very excited. And I don't go into a store and tell them what I pay for their merchandise. Maybe I'm just having trouble letting go, I don't know. I considered just telling them no, but it's probably better if I just show them a license contract with a reasonable fee.

Can anyone give me some tips on what such a contract should look like and what I should charge for both web
and promo materials?

#2 MikeVeitch

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Posted 10 December 2006 - 09:24 PM

try this website

http://ozimages.com....alculatorNS.asp

Join us for an Underwater Photography Workshop in Ambon March 2015
Blog and Photo Archive/Portfolio Site www.mikeveitchblog.com
Learn underwater photography in Indonesia or Join me on a trip www.underwatertribe.com


#3 echeng

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Posted 10 December 2006 - 09:38 PM

Find out how many visitors a year the site gets, and nail down specifics of promo materials before you calculate a price. If they want unlimited usage, you should charge a lot...
eric cheng
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#4 Dakine

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Posted 12 December 2006 - 10:39 AM

Thanks for the tips guys! Does anyone know where I can find a a simple license contract?

#5 FlyingKiwi

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Posted 14 December 2006 - 05:56 PM

Does anyone know where I can find a a simple license contract?


Here's what I use:

http://www.richard-s...aphyInvoice.doc

You're welcome to use it as a basis for your own, and if you want to leave the line at the bottom of it, then that's fine too! :P

If anyone has any comments or suggestions about my invoice and statement of rights, then feel free to make them!

Richard.

#6 Dakine

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Posted 15 December 2006 - 01:09 PM

Thanks a bunch Richard! I had a hard time finding any examples on the web. Now I have a good idea of what my own should look like. Cheers! :P

#7 maxyedor

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Posted 22 December 2006 - 07:02 PM

Thanks a bunch Richard! I had a hard time finding any examples on the web. Now I have a good idea of what my own should look like. Cheers! :D


A good contract is a must. However before you even show them your portfolio send a disc in to the copyright office, otherwise it's nearly impossible to collect if they break the contract. Beyond that $50 is stupid low for an underwater image, no matter how few hits the website gets. Remember what you went through to get the images, housing, camera, wetsuite, tanks, fins, travel, ect, even as a hobiest you should be getting a wage that covers those expensis. Like Echeng said, if they want unlimited useage you should be asking for 2-3k per image, if not more, after all unlimited usage gives them free reign, especially if they want exclusive rights.

Oh and never, ever give-up the copyright! Good luck, and make money.

#8 echeng

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Posted 22 December 2006 - 08:04 PM

But also, you have to balance cash with friendship (client is a friend), PR, active links to your website for search engine ranking, and visibility. The web has made image pricing much more complicated, and a link from a big site which results in front page google placement for your page is worth much more than a bit of cash.

People who insist on standard rates regardless of above considerations are living in the dark ages!
eric cheng
publisher/editor, wetpixel
www | journal | photos


#9 maxyedor

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Posted 23 December 2006 - 01:58 AM

But also, you have to balance cash with friendship (client is a friend), PR, active links to your website for search engine ranking, and visibility. The web has made image pricing much more complicated, and a link from a big site which results in front page google placement for your page is worth much more than a bit of cash.

People who insist on standard rates regardless of above considerations are living in the dark ages!


True to an extent, you can't pay rent with freindship. It may sound dumb, but a decent website or magazine knows what a reasonable rate is, and will pay it, but only after some negotioation, and still be freindly. Where you run into trouble is if you receive an assignment and don't come through, that will burn bridges.

Yes image pricing is complicated, but $50/image is ludicris. There is no "standard" rate, but you have to set some sort of scale, and keep in mind that the images you produce are worth something. Even if photography is your hobby, if you produce top quality images, you deserve propper comensation for their use.

#10 whitehead

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Posted 23 December 2006 - 06:28 PM

I think you have to consider first and foremost what the quality of the image is and HOW MUCH the vendor would want to use it. If the image/s are exceptional then they command RM fees - these are quite high (I have put an example at the bottom of this for a flyer - website is similar price for both ed and ad rates - but of course if they are going to fork out 500 bucks they have a great need and your image need to be exceptional in their eyes/needs).

If the image is not exceptional then a better comparitor would be an RF price - after all virtually every stock agency has hundreds of RF underwater shots on its books. I have also put an example for RF which are based on size (standard RF pricing system) - some agencies sell cheaper some more expensive. Also keep in mind the photographer would normally only get 50% of this value. Also keep in mind that the buyer gets to choose between thousands of "good" images rather than limited to one photog - of course if your images are of their usual dives sites or off thier boats this could into play.

If the image is not upto much they could pic up a similar one from a micro agent for pennies (note: "not up to much" is my generalization - I dont like the micro model so am somewhat biased against it).

So IMO 50 buck for an RF licenced image for web use is not bad, you would get about 37 bucks through an agent and for an small RF in a flyer they would be using the same file (small size) so you wouldnt get anymore money (they have paid the RF fee already).

Of course if the image/s is exceptional then you would want to use an RM model. The RM model is very complicated but if you want to see one in action just go to a stock agency site and play with parameters on their calculators. Its interesting and you will find in some cases (uses) the RM price comes in below the RF (full size) price for stock esp for editorial usage.

hope this helps


____________________________________________

RF licence

High Resolution Image
$296.91
Commercial, Editorial or Personal Use
Model Release: No
Property Release: No
Image Size: 3200 x 4800 pixels *
10.67" x 16.00" @ 300 dpi

Medium Resolution Image
$186.91
Commercial, Editorial or Personal Use
Model Release: No
Property Release: No
Image Size: 1600 x 2400 pixels *
5.33" x 8.00" @ 300 dpi

Low Resolution Image
$76.91
Commercial, Editorial or Personal Use
Model Release: No
Property Release: No
Image Size: 427 x 640 pixels *
1.42" x 2.13" @ 300 dpi
________________________________________
A RM licence for a flyer

This image is available for
Commercial, Editorial or Personal usage.
Category:
Brochures - Direct Marketing
Usage:
Brochures - Folders
Size:
Up to 1/4 Page
Circulation:
Up to 10,000
Duration of Use:
Up to 1 Year

Industry:

Territory:
Please select Worldwide*
or all territories below that best apply...
North America*
Africa*
Asia*
Australia New Zealand and Oceania*
Central America*
Europe*
South America*

492 USD

___________________________________________
* edited for typo

Edited by whitehead, 23 December 2006 - 06:35 PM.