Image with exclusive rights

I have been asked to produce a specific photograph for use by an individual to

include in an application for the new iPhone/iPod touch. Apparently Apple is

requiring that the programmer have exclusive rights to everything included as a

part of the application. Normally I charge $75/image with unlimited

reproduction rights with me retaining the copyright. I know that is not a lot,

but for the jobs I have taken on so far, I feel it has been a fair rate for me

and my customers (not heavy usage).

 

Now if I truly need to sign over exclusive rights ( I would still retain

copyright to be able to display in my portfolio, but could not sell/grant rights

to anyone else) I know I would would want to charge more, but am unsure how much

more to charge.

 

Any recommendations?

 

George

How much work are you going to have to put into producing the image? Be honest, now!

I have to wait for the conditions to be right, and then drop what I am doing to get the image. There are many conditions that need to all line up for the shot to be considered successful. It's also a shot that requires a certain amount of skill and knowledge that I have shown I have. That is why I am being asked to take the image. The client has taken several other shots that do on require as much "skill", and is coming to me for this one to begin with and possibly more for future releases of the app. If I price too high, I won't get this or others (and that wouldn't be the end of the world).

Well, if your time is worth anything, it sounds to me like your going rate or $75 will have you effectively earning the going rate for basket-weaving on a Pacific Rim island. Unless you're charging many times more than that, you're basically doing it as a vanity project. And there's nothing wrong with that... we've all done it, and I still do, fool that I am. But once you take to heart the fact that a big part of your compensation is bragging rights or portfolio fodder, you really do have to stop characterizing this as a rational pricing exercise, since it definitely isn't.

 

If your sense is that the client in case wouldn't actually pay the going rate for a difficult-to-capture image that essentially needs you to be on stand-by to deliver something that not many people could deliver, then only you will know best how to keep them on the hook, price-wise.

 

Maybe you should just have a no-BS conversation with them that distills the whole thing down to its essence, as above. If they're too cheap to pay pro rates, at least get them to say so, out loud, and on paper. Tough one! I know the feeling.

The way the post is worded suggests that you would perform a custom ordered shoot, even where conditions are fleeting, for $75.00 for UNLIMITED usage so long as the usage is not exclusive. This is quite "fair" to the customer but not to yourself. At the end of the day you are essentially paying someone else to buy your images. You should just put them on a wall somewhere and pay people to come look at them if vanity is behind this.That way you don't have to engage in the other business activities. The fact that the rate does not include exclusivity shows some hope that you could break even on some of them. Is there more or is this what's really going on?

 

As to the specific question, you are asking how much you should charge. Will you charge what you SHOULD charge? If not, there is probably little point in asking us. The amount should probably be in the thousands depending on the details much of which are not given. If the potential client knows what your going non exclusive rate is you won't get that.

 

Perhaps the worst thing you could do is have the potential client make an offer but I suspect that is close to all you will get if your going rate is well known. At least you will know what you can get. You could add twenty bucks in a counter offer or something.

Apple requires that the vendor have exclusive rights to the TECHNOLOGY that they are using in the application they are developing for the phone. this has absolutely nothing to do with the photo, unless, for some unknown reason, the photo itself is part of the technology. I can't even imagine a situation where it could be.

 

Normally, this "exclusive right to technology" isn't a problem for these companies because they are the developers. And developers at this level for this kind of application tends not to use third-party products, though it could certainly be the case. Technology, unlike photography, can potentially involve incorporating many other products or services in order to enable the technology to function and be sold.

 

So, the first thing I would do is explain to your client that they don't need exclusive rights to the PHOTOs they use--and if they have any doubts, check with apple. Once they realize that a non-exclusive right is sufficient, your $75 license fee would be more reasonable.

 

I would recommend, however, that you (or anyone) ALWAYS try to separate "license fees" from "shooting fees." If you are asked to shoot the picture as well as license it, then that should be a separate fee. What that is is up to you, and should reflect what your business model is and how much you value your time.

 

dan