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Author wants magazine shoot files for his own marketing


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I recently shot a magazine cover and related article images. The

subject of the shoot was an author coming out with a new business

book. Apparently the book is doing very, very well. The magazine

has allowed me to retain ownership/copyright of the images (yes, I

can and will get this in writing).

 

I was just contacted by his business manager, they would like to

purchase the images from the shoot for use on the web, pamphlets,

CDs and a workbook to accompany his hardcover book. There are about

250 images in my files, both in JPEG and RAW.

 

I've sold images on an image by image basis. I'm just getting

started in commercial photography, and I need some guidance on how

to price the above request. Basically, they are buying the

copyright for all images from the shoot for unlimited use.

 

How would I even begin to price this? I'm not a member of a

commercial photographer's organization... yet.

 

I also need to remain consistent in my pricing. I'm shooting

additional covers and the clients usually express an interest in

purchasing the images for their marketing department.

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In the extremely rare instance that anyone asks me about this, I try to think up all the possible uses of the images that I can conceive for the next century. I determine what my charge would be for all those uses on a limited rights basis, and then I multiply by something like five. That's what I quote to the inquirer, and it usually puts their requests back into the realm of the reasonable pretty quick.
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First off don't get taken advantage of. This manager knows the value of these images and you should too. Don't be afraid to stand your ground and negotiate. These images will be used to generate a lot of profit and you should be compensated accordingly.

 

You are not selling the copyright(at least I hope you're not) you are selling the rights or licensing the image for use. You maintain the copyright unless you provide in writing that you are transferring copyright. Don't do that, there is no reason you have to.

 

You should really be negotiating about a few images, not all 250. Whatever you do don't let these people ream you. This guy probably has a succesful business book because he knows how to conduct business, negotiate, ect. You should too, maybe even read his book, hell even quote his own material when negotiating.

 

For a rights package such as you are describing one image alone can be negotiated for many many thousands of dollars. You have to read up on this, go to the APA Yahoo discussion site and pose your question. That is a board of professionals who deal with these issues all the time, you'll get good advice there.

 

As an example I had a recent deal where I licensed an image of one personality to their managemant, usage did not include cds, dvds or books, just PR, Advertising, promotional materials for between $8,000-10,000. This is not unusual at all. You have to realize the value of the material you own, they do. Don't give them rights forever, you have to set a time limit, 1yr, 2ys, 5yrs. Book covers alone are very complex to license and worth many thousands just by temselves. You have to include more for extra printings, languages, there are to many things to explain right now but plenty of good resources out there to guide you, you'll just have to work at it but it will be worth it not only now but in the future.

 

I'm in a hurry so good luck! Educate youself and read all you can about it. Don't undersell yourself!

 

I typed all that very quick- i hope it made sense.

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  • 2 weeks later...

Well, they came back to me with a $500-$1,000 budget. I took into account that this is a ministry rleated business with tight budgets, but they're also a growing business. I quoted a higher price than the top end of their budget, and they declined.

 

For that, they can get a photographer in their local area to do new shots that are more appropriate for their intended use, they said. And did they research if their local photographer will charge more for commercial usage rights?

 

Well, when I thought about it, if they had accepted, they would have had 180 images for $10 each if they bought the whole CD (although they would have only used one or two at a time to promote their website).

 

Anyway, I'm looking at having a small agency represent me in the future. They'll do all the negotiating, and take a cut of the sales. When I called them to ask what they would have charged for the client for this, they said $5K minimum for all the images, or on an image by image basis.

 

I definitely think I need to get a bit more education around pricing images for commercial use. I'm just in one of those tough spots where it's hard to lose a sale when studio lease payments are due, business expansion plans are in progress, and I'm increasing my advertsiing budget! Thanks to all for your help.

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