On Sat, 13 Jan 2001 10:26:45 -0800, "bc" <[EMAIL PROTECTED]> wrote:
>That sounds like a great reference, would you mind forwarding a
>copy to me as well?
Certainly.
The letter was actually about some work I did for the Rochester Institute of
Technology's annual report, not the Runner's World job, but the advice is still
relevant. (BTW, it's Bill Cornett, not Corbett. My typo.):
Pop down to your local Borders and get a copy of the book. "Pricing
Photography". It depends on how many copies and what size they want to use it,
whether it is on the cover or not, but generally such use would be in the
$100-$500 range for an inside shot, twice that for a cover. Ask how many copies
they are printing, and give them a price based on that. You say something like,
"Minimum use fee for that type of publication is $100 inside and $200 cover,
plus an additional $2.50 per thousand over 5,000 copies for inside and $5.00 per
thousand copies for cover." Tell them a record slip from the printer will be
adequate for confirmation. Make absolutely certain that they know they will be
buying one-time rights ONLY, and you retain all copyright. Also make certain
that they print "CopyrightXXXX (your name)" next to the shot. Your contract
needs to state that they are liable for damages up to $1250 if the original
transparency/negative is lost or damaged. If you go by number of copies, it
really keeps you from getting screwed. They might say, "Oh, it's only a little
brochure we are putting out to publicise a particular event," and then you would
see your picture used on hundreds of thousands of brochures over a decade. You
can set your initial price quite low, and then still get properly compensated if
your image gets massive use. For example, if they print up 100,000 copies of the
brochure, then you would get and additional 95 x $2.50 = $237.50 for inside use
and double that for cover use. Then again, if they are a small user, they don't
need to pay as much. That's as it should be. Stipulate in the contract that:
1. Purchaser is getting one-time use rights for (state name of campaign) for
one 13-week period (this is industry-standard--it means that they can print as
much of it as they like over a 13-week period as long as they compensate you for
the base use and the number of copies. After that, they have to re-negotiate).
Also type or write in a description of the project there. The 13-week period for
printing will start when the project is printed. Sometimes a piece will take
longer to print because of various considerations, and that's OK. I don't charge
any extra for it if it is a reasonable time and there is a good reason for it.
Just set down the details on the contract and make sure they live up to it.
2. The base use rate is $xx.xx for inside use and $xx.xx for cover use
3. The photographer will be compensated at the rate of $x.xx for every
additional thousand units printed with the image over xxxx units.
4. They are liable for any loss or damage to the image, and the purchaser agrees
that the image is declared lost if it cannot be located and returned to the
photographer within (three months/six months/one year) after publication. Now,
here's where it gets sticky. Courts have declared that the value of auseable
original stock image by a working pro is in the range of $1,250.00. If you are
not a working pro, this worth can be hard to justify. Many publications are
setting loss/damage rates at three or four times their minimum use rate, and
don't bother sending submissions if you disagree.
5. Payment in full will be made to the photographer within xx days of the
printing of the material (not publication of the material, as that implies
distribution--they can print part of the job and then stick it away in a
warehouse for six months until they print the other side with particular details
and then distribute it--if you're a pro, that's a long time to waitfor your
money).
6. The purchaser will indemnify the photographer against any and all legal
problems caused by the publication of the images by the purchaser. Get the real
legal gobbeldygook language from the "Pricing Photography" book or the ASMP
website or better yet, your own lawyer. In today's litigious world, this is
essential.
7. In signing the agreement, the purchaser agrees to identify the printer and
the approximate time the piece will be printed and gives authorization for the
printer to give all pertinent information regarding the printed piece to the
photographer. The purchaser must stipulate ALL printers involved in the project.
8. Try to get them to give you at least ten copies of the annual report.
Additional considerations-- Some photographers have started charging by the size
of the printed image as well. This may seem picky, but if the image is used as
the main element on the cover of an 8 1/2" x 11" annual report, full bleed, then
the client is obviously getting more use out of it than if it was on the cover
of a tri-fold brochure, given the same amount of copies. I think the usual
stipulation is double the use fees if the image is used over 5" x 7".Give
yourself room to negotiate. Decide what your limits really are, and then don't
go below them. If they want to pay you less money (and they will, trust me),
then make sure you get larger credit lines or even abyline on the back of the
report. One negotiating point I always try to get is faster payment, like, "I
suppose I can come down a little bit there,but I need to get paid within ten
days of the sigining of the contract," or even up front. Again, this is a way
for the prices to start out low, so you look like avery reasonable chap, and
then add up in your favor if your image gets alot of use. Heck, you could start
out at a $50 base use fee, and end up with a thousand bucks.It's late, and there
may be other things that I am forgetting, and of course the language needs to be
carefully done. But these are some of themain things you want to cover. I'll
upload some samples of my forms to my website.
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