Ellice:

Bit of a delay in responding to this question (which I just found in a 
desperate email clean-out).  Sorry.

Pricing per use is really more of a market tradition than a "legal call".  It's 
the way the stock photo business always worked, and museums adopted it.  It was 
a legitimate and useful model, and the first talk I ever gave at an MCN 
conference was about the added value inherent in museum photography with 
authoritative information delivery (the word metadata  hadn't been invented 
yet).  The point being,  our photographs were worth paying (more) for.

As to the other question you bring up, " we still will want to charge a fee to 
recoup at least some of our costs to image and catalog the material,"  I've 
always pointed out that there is actually no difference in the cost to us of 
delivering an image to a non-profit client or a for-profit client. (In fact, 
non-profit clients often require more specific, personal, and 
time-and-staff-consuming work.  A commercial client's request can often be 
zapped off in minutes.  Logically, then, non-profits should be charged more, 
not less.)   

So if you want to base your pricing on cost recovery, you probably need to 
charge everyone the same.  You can drop charges for "rights" for specific uses; 
 what you want is compensation for the product (which is a result of image 
creation, management, authoritative metadata, and file delivery).  Much 
simpler, no arguments about the right to charge for "rights,"  or whether 
someone's book on mid-nineteenth century pornography is "educational" or not.  

And then there are always the exceptions, institutional discretion, barters 
with other museum image providers, etc.
Good luck!  


Amalyah Keshet
Head of Image Resources and Copyright Management
The Israel Museum, Jerusalem


-----Original Message-----
From: mcn-l-boun...@mcn.edu [mailto:mcn-l-boun...@mcn.edu] On Behalf Of Ellice 
Engdahl
Sent: 19 March, 2015 3:09 PM
To: mcn-l@mcn.edu
Subject: [MCN-L] Tiered pricing for high-res image files without asking about 
use

Hi all,

We're investigating adding automated ecommerce delivery of high-res images as 
part of an overhaul of our digital collections website.  As part of this 
process, we're hoping to revise our current practices for image delivery, 
moving away from asking about potential end use (we want to avoid making a 
legal call on how people use our material).  However, we still will want to 
charge a fee to recoup at least some of our costs to image and catalog the 
material, and we'd like to make these fees fair to potential users (e.g. 
charging less to nonprofits than for-profits, making fees very minimal for 
personal use, etc.).  The examples I've been able to find online for museum 
image delivery tier the pricing based on the end use (x for print run under 
5,000, y for print run over 5,000, z for web use, etc.), which we'd like to 
avoid.

Question: Are others delivering image files (online or off) without asking the 
requestor about potential use, and if so, would you be willing to share your 
fee structure-particularly if it's tiered?

Thanks!


.................................................
Gain Perspective. Get Inspired. Make History.

Ellice Engdahl, PMP
Digital Collections & Content Manager
P: 313.982.6005
E: elli...@thehenryford.org

www.thehenryford.org
.................................................

The Henry Ford
20900 Oakwood Boulevard
Dearborn, MI 48124

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