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How much $$$??
Old 12-09-2005, 02:40 PM   #1 (permalink)
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I kind of need a quickie on this - a "ball park" if you will.

The owners of a historic theater in North Carolina want to use this image on their letterhead/business cards. They're willing to pay for useage, but I have *no* idea how/what to charge and license.

I know, I can run this thru some software package that I don't have and come up with some figure, but I kinda need to know, well, now...

Your expert words of advice would be much appreciated.

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Re: How much $$$??
Old 12-09-2005, 03:15 PM   #2 (permalink)
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I know the Carolina Theatre well, been to several concerts and shows there. They are a non-profit org that seems to cycle between struggling to survive and flourishing.

Fotoquote suggests a range between $350 and $600 for stationary runs of between 10,000 and 25,000 impressions. I think it's fair to ask $650 for a one year license and accept $500 if they won't shut up. That would be for the package, cards, letterhead, envelopes. Strictly speaking you should charge a separate fee for each piece which would break $1000... but they ARE a community oriented non-profit.

Be specific in your license though. Make it clear that additional uses will mean additional license fees... they may want to hang their brand on it (cuz it's a really cool, perfectly suited shot). If they do, you need to be compensated for it. You can pretty well bet they'll start wanting to use it on programs and posters.

I wouldn't play with kid gloves, they have some BIG benefactors and run pretty high budget programs... but treat them like the quality of life oriented group they are. They may plead with you like you're choking the very life out of them, but hold out a little while; when they don't HAVE money for something like this, they know how to GET money for it. I can tell ya this... it don't look like that anymore!

Chip
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Re: How much $$$??
Old 12-09-2005, 03:52 PM   #3 (permalink)
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There's lots of money in small North Carolina towns!

I think that sounds like a fair amount (considering they're also buying prints of the shot [img]/ubbthreads/images/graemlins/grin.gif[/img] )

Now part b) -- so, um, what does a useage agreement look/read like?

Damn hobby is turning into a business!
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Copyright is tantamount to $$$!!
Old 12-09-2005, 07:20 PM   #4 (permalink)
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Wait, we are talking about the Carolina Theatre in Durham, NC, right? It ain't small anymore.

As for license agreements, that ain't nearly so straight forward. Fortunately, you're talking stock photography which is a good place to start. You will find as many different stock license agreements as there are people licensing stock photographs. There is no standard although the ASMP will happily provide you with templates if you join up. From what I've seen, everybody's agreement/contract is basically a litany of all the ways they've been burned up to that point... plus some standard legalese.

I've done the same thing, I started with a template my old mentor gave me and pretty much modified it every time I sold a stock image... which hasn't been all that often. You might hunt down some forms by stock agencies like Corbis or Superstock, maybe some independent photographers, to see what they're doing and draft your own. Alternatively, you can go the ASMP route or get an IP lawyer to help you put one together that you can use over and over; come to think of it, you can probably buy one to download on the internet. The big stock houses have pretty airtight, Draconian license agreements that nobody can read. Most photographers aren't so anal but they do protect themselves. Copyright is tantamount to income... remember that.

However you do it, your agreement needs to cover certain bases:

1) (My Opinion) You DON'T want to use a 'Royalty Free' agreement which is a non-exclusive contract where the client pay a one time fee, uses the images all they want, as much as they want, for anything they want. It's a blanket agreement that eliminates your right to recourse or compensation beyond the initial fee. Royalty free is tantamount to missed income.

2) Spell out the rights you are granting in terms of WHAT may be used, the whole image only, a manipulated version, parts of the image, your name? HOW it will be used, promotions, ad campaigns, logodesigns, commercial goods for sale? WHERE it will be used, that is, what medium, printed stationary, flyers, posters, programs, TV spots, web pages... billboards? WHO can use it, are you granting them exclusive rights or can other organizations or people, including yourself, use the image?

3) How long are you granting the rights, a year, forever? Can the rights be renewed? Can they transfer the rights to another party? Does the client have right of first refusal at the end of term? Are there circumstances that allow the agreement to be terminated early by either party. What happens to existing materials at the end of the term?

4) What are your responsibilities? Is the image filed with the US copyright office? Once it's published you have to register it anyway so you might as well file it along with a batch of related images ASAP. Will you warrant that you are the legit, exclusive holder of the copyrights with full authority to license those rights? Will you warrant that by way of releases or public domain, it doesn't infringe on anybody eles's rights or privacy? Are you insured for such a warranty?

5) What are the client's responsibilities? Do you expect a credit line on some, all or none of the reproductions? You need language where they acknowledge that you are the originator of the image and the legal holder of the copyright. Do you want them to publish that acknowledgement, where? under what circumstances?

6) Do you want the right to review and approve all new usages of the image? Do you have minimum standards of quality for reproductions? What happens if they aren't met?

7) How much money are they going to pay you for usage? Do you want to itemize a price for reproductions based on usage type, size, distribution, number of impressions, color or B&W?

That's the MINIMUM you want to cover in your license agreement... I'm sure other folks here can add to this.

So maybe Royalty Free's starting to look pretty good about now, eh? Don't buy it. Yes, it's much simpler and quicker, but you may be giving away a lot. They could end up using your image as a logo for years on practically everything they publish and you will have long ago spent that $500 or $600. Copyright (royalty) is tantamount to income.

Now that may be worth it to you; people certainly design logos and relinquish the exclusive rights for less than that. You have to decide and they have to decide. What if they say they will ONLY pay for a Royalty Free image. Nothing wrong with falling back on that but try to at least set a one year term or get a better price.

OK, my brain's tuckered out. Hope that helps a bit. Good luck on the sale, it's a great image for them.

Here's my girl, several months ago... I was still trying to figure out my hairlight... with mixed results. Fun shoes and stockings though, eh?
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Re: How much $$$??
Old 12-10-2005, 01:31 AM   #5 (permalink)
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$100 for two years, make sure you put that you are leasing them the rights not selling them the rights...
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Re: How much $$$??
Old 12-10-2005, 10:42 AM   #6 (permalink)
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Ed try this for free pricing
http://editorialphoto.com/ [img]/ubbthreads/images/graemlins/cool.gif[/img]
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