City wants Unlimited Use - Not sure of license or pricing

[jonathan_schmidt]

<p>I am a relatively new photographer who has had a few contracts with cities in my location to promote tourism and record specific events. A county recently contacted me after getting a referral for my work from another city and asked for something I haven't come across yet, they want to look through images I have of the local area and pick out some which they think will work for their purposes. This is fine and easy to accomplish but then they also said they would be interested in fully buying out the images. After doing some research on what this means, I think what they are looking for is Unlimited Use of whichever images they choose. With this in mind, I've never priced anything like this before. <br>

What options do I have with Unlimited Use and how much should I charge? Even some examples from any of you who have had a similar experience would be helpful. I want continued business with this county, so I do not want to over-price my work, but I also want fair compensation for photos which they want to buy exclusive rights for, for a currently indeterminable amount of time. </p>

<p>Secondly, if they are interested in purchasing or 'buying out' an image which I have previously licensed to a client as non-exclusive, what does this mean? Having already licensed the image out means they will not be the only one using it, so does exclusive rights still apply or is it something different? </p>

<p>Thank you. I know this is a rather broad question. </p>

[john_h.1]

<p><strong><em>"Secondly, if they are interested in purchasing or 'buying out' an image which I have previously licensed to a <a id="itxthook4" href="/business-photography-forum/00dax8?unified_p=1" rel="nofollow">client<img id="itxthook4icon" src="http://images.intellitxt.com/ast/adTypes/icon1.png" alt="" /></a> as non-exclusive, what does this mean?</em></strong><br /><br />It means the terms of the previous licensing agreement allows you to license the same image to others as well. You will need to be careful not to violate the terms of your previous agreement. You need to find out what the potential customer's perception of "buying out" is. Buying the copyright, paying for unlimited usage and if they believe they will receive an exclusive license (which will interfere with non-exclusive licenses you granted to others for the same imagery. <br /><br />You should endeavor to understand the terms of your contracts before executing them which you at are least attempting for this potential deal. You should study the copyright, licensing and laws about when permission to use people's likeness in an image is needed to have a solid understanding in general if you plan to do engage in business.</p>

[zelph_young]

<p>Whatever you finally do with them make sure there is a 'hold harmless' clause in the written agreement. If anyone sues for any reason over an image - THEY stand all costs and burden associated with the suit, including providing you with legal representation and payment of any judgments.</p>

 

[brian_krecik]

<p>John H. offers up some good suggestions.</p>

<p>From the way you describe their request, "...fully buying out". Be careful here and since this can go sideways fast be sure to ask the right questions first. Ask if they want an limited exclusive rights or if they want to own the rights to the image. Often a client might ask for more than they really need because they might want to reuse without the need to return to you for additional licensing. This is fine but it also means you will lose out on future sales of the image in question. </p>

<p>First, think about how original the images are and if they can be reproduced easily. Often times originality is the key in understanding the value of an image. Next, ask yourself how much time went into creating the images. Did you have to drive hours to get to a place, wait until the right time to capture the image, do post editing in photoshop? Calculate this time then consider what it would mean to you if you could never sell the image to anyone else... ever! </p>

<p>Typically most licensing software for exclusive or explicit rights suggest anywhere from $10,000 - $20,000 but use your own judgement on this since this means they can use on commercial advertisements anywhere and you get no credit for the image. </p>

<p>There are also other options such as offering a package offer, the offering discounts for renewing. Bottom line, let the images work for you, not the other way around. If they really want your work they will pay for it. In the end I tend to find that most clients that want to own something really only want the rights to use and to save money while doing this. Do what you can to give them this option but understand that if you discount too much, the client might recommend you to someone else and the next person might ask for deeper discounts. Knowing your bottom line is important. For some, this might be a few hundred dollars while for others this might quickly climb into thousands of dollars. </p>

<p>Warmest wishes... Brian Krecik</p>