Negotiation with client: reality check

[aubreyp]

Greetings all,

 

Here's the situation:

 

For the past year I've been the official photographer for a bi-yearly conference. For the first conference,

I did the work in exchange for travel expenses to the location of the conference (where I wanted to

visit). The organizer is a friend of mine and I did the work somewhat as a favor, but also because I

thought it would lead to more work, since this conference will happen twice a year for a while.

 

The first conference did well, and the organizer asked me for a quote to do the second one, now that

she has the "money to pay me what I'm worth". I gave her an hourly quote ($65) and said that we would

negotiate use fees after the conference, since not only would her organization be using the photos, but

the attendees and the sponsors would also be wanting to use them.

 

I suggested a rate of $2/per image of uncorrected photos for attendee personal use and $200/image

for unlimited use within the organization's internally published materials (conference catalog, ads,

marketing materials, etc) for a year. In addition it has been my plan to sell separate rights to the

sponsors of the conference at slightly higher rates.

 

My client came back and said that she thought the use fees were too high and too restrictive, since she

wanted to give away photos to the sponsors. She said based on my quote she was going to have one of

her volunteers take pictures from now on.

 

I came back with a counter offer, but I wanted to ask a few questions about the situation:

 

1) Is it customary when working an event to turn over authorship and/or full rights to the client?

 

2) Do you think my numbers seem unreasonable? I feel they are very generous based on what I've seen,

but mostly the reference I have is for selling rights to photos you haven't already been commissioned to

take.

 

3) If the client wants to own the work (or unlimited rights), should I instead increase the hourly fee or

provide a flat rate?

 

Thanks in advance for any light you can shed on this. I know pricing photography is an art in itself, and

I appreciate any advice or insight you can provide.

 

-Aubrey

[james d.]

*My client came back and said that she thought the use fees were too high and too

restrictive, since she wanted to give away photos to the sponsors. She said based on my

quote she was going to have one of her volunteers take pictures from now on.*

 

The problem is you had already set a precedent of working for free and now just about any

fee would be considered "too high".

She is more than willing to have *another volunteer* do the job. I would walk away.

 

The other alternative is to look at it as a work for hire job and price it accordingly and

hand her digital copies at the end.

[randy_santos]

James is right- you set a precedent- placing very little value on your work. At least you have the right idea now in maintaining control and charging for the use of your images. Although I still think your rate and usage is still to low. I they're not willing to compensate you for what you have requested I would drop it, especially if they would be just as happy with what a volunteer would produce. That just indicates they don't place much value with the use of these images.

 

Live and learn. Very rarely does any "work for free" with the promise of "additional work in the future" ever amount to anything substantial. Your rates are more than reasonable (to low), you handled this fairly, I wouldn't worry about it. Don't give in to their cheapness, it will make you feel bad about the work and it's not worth it.

[aubreyp]

Thank you both for your feedback. I have expressed my desire to the client that my rate

should follow the success of her business. In addition we have come to an agreement about

the rights fees that we are both happy with.