License Fee

<p>I shoot mostly weddings and portraits and have an image from a wedding that Harpo Studios (as in Oprah Winfrey) wants to license to use for 5 years on an episode of where are they now. This image is of Teddy Pendergrass with his mother from his wedding. They are offering to pay $250 - $300. This seems to be very low to me but again I don't usually deal with this type of situation. I have searched and cannot find one image of Teddy and his mother so it's not like they can get another one. They said they usually use stock photos and pay around $100. I need to get back to the producer soon and have had no luck for advice on other pages I belong to. Any help would be great. </p>

<p>I'm not in the business, but it sounds like pretty much of a one shot deal in terms of usage. Personally, I'd take them up on the offer...it's an extra $250-300 in your pocket you didn't have before.</p>

Uniqueness adds value, and this sounds unique. Their offer is very low. I'm speaking from experience having licensed

photos for television and motion picture use. Also make sure you register the copyright right now.

<p>My point of view is completely opposite to Stephen's -<br>

Do you real need that $250 - $300? Is it going to change your life? But this picture is very unique and may change the outcome for who ever is going to use it. So if the Harpo Studio wants to take advantage of this unique picture than they should pay for it. They definitely can afford it.</p>

<p>It appears they initially contacted you?<br>

And it appears they have initiated the negotiation guidelines? i.e.:<br>

“we usually use stock and pay $100 . . .<br>

“you need to get back to us quickly . . . </p>

<p>If it were me entering that negotiation, I would not necessarily choose to abide by their guidelines: as I would have no leverage doing so. But I would not be tardy in replying to them – I would just set the rules a bit differently when I did reply.</p>

<p>Also, I agree about the added value of the image, because the image unique. This appears to be a substantial leverage for you. If they really do want to use an image of Teddy <em>with his Mother </em>(and there’d be assumed added value if that image were made at his Wedding), then I think that if you made the terms of the negotiation, that would be in your best business interest. </p>

<p>I also agree with Ellis, that you should protect your rights to the image: and that you also are vigilant and stalwart about addressing any misuse.</p>

<p>I’d guess that what you really want is a ballpark figure: I don’t feel adequately acquainted with the USA marketplace to give an indicative, but a middle range four figure number seems much closer to the mark for a National TV show in my marketplace (which is smaller than yours).</p>

<p>I’d expect that you can live without an extra $300 income this month – and if that is so, then it might pay you, to pay someone who is versed selling this type of commodity and/or to this type of customer, to act as your Agent, in a "no sale = no fee" arrangement, for this one off negotiation.</p>

<p>WW</p>

<p>There are a number of books and websites that have pricing calculators for photo use. Google around and find one and it will give you a price based on this usage. Separate from that, I assume you are free to sell this image. In shooting a celebrity wedding, did your contract include any restrictions on how you could use the photos? (Hopefully not.)</p>

<p>I sometimes refer to the PhotoQuote software when pricing photos for licensing. Based on a quick check, a single still photo for non-advertising use (i.e. editorial) on national network TV is priced at $625. <br>

Really, it comes down to how bad they want and need this photo and how much you're willing to sell it or walk for. If you're sure this is the best photo they'll be able to find, your photo has more value. If you feel it's very important to you to have a photo you took on a Harpo show, you may consider that value in itself. <br>

A few other thoughts: When/if you license the photo to them, be very clear on what usage you're licensing, for what duration of time, etc. And for the sake of all photographers, please don't give your photo away for free!</p>

<p>Thanks for all the responses. I was in contact with Doug Gordon a very high end wedding photographer who has dealt with TV shows using his images. He said at the minimum they should pay $2000 a year. Harpo was not willing to go that high and honestly I really don't care. I think it is important for photographers to stick to our guns and keep the value of our work where it belongs. I am copyrighting the image just in case they try to pull a fast one. I have searched for days and there is no other image like that out there. So if they want it they have to do better than the original offer. </p>

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<p> I think it is important for photographers to stick to our guns and keep the value of our work where it belongs.</p>

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The value is only what someone will pay. If you don't have another buyer, you walked away from whatever they would pay. Also, you didn't specify usage, and that can affect value.</p>

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<p>I am copyrighting the image just in case they try to pull a fast one.</p>

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<p> <br>

The image is copyrighted when you took it.</p>

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<p><em>The image is copyrighted when you took it.</em></p>

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<p>But in the US, registering your copyright provides for very significant additional protections that are not available with unregistered images.<em><br /></em></p>

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<p>“I think it is important for photographers to stick to our guns and keep the <strong><em>value</em></strong> of our work where it belongs.”</p>

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<p>“Value” means different things to different people: especially it usually has a different meaning to the buyer and the seller.<br>

“Value” can be negotiated.<br>

Negotiation is a process.</p>

<p>But, so long as you are happy with the result that you have and from that result you have gained what is “value” to you, because if you have then, for you, the negotiation was successful.</p>

<p>Interesting the blanket price that was placed by Doug Gordon: thank you for mentioning that detail as that information is much appreciated. </p>

<p>WW </p>