Bidding Process

When we hear licensing terms like “copyright” and buyout,” they don’t always know what they are saying. I usually assume they don’t mean it unless they are large companies who are known to require ownership of a usage.

Recently we were emailed by someone who said they wanted to buy the copyright. We knew this was client direct because ad agencies know usage terms. Nowadays we’re getting requests from clients directly and production companies don’t really know what usage is. We spoke on the phone and after some explanation about usage we discovered what they needed it for. It turned out they needed it for social media, which is way different. It takes asking people directly on the phone, what they really need it for, so you don’t have to charge that much or get so intimidated by it to find out what they want to use it for.

Q:

How do I transfer the bidding process to a temp rep when I’m used to receiving requests and managing client relationships myself? Would a temp rep be beneficial? Could this damage my relationships?

A:

A temp rep situation is just that, temporary and flexible. I would jump in and help with negotiation or overseeing your estimate to make sure you are protected on your terms, upon your unique circumstances. Maybe you just need a negotiator or back-end support to oversee your estimate or a communicator to help protect you by setting up the job terms clearly. Our goal is always the same- let’s get you the job and the highest budget!

When you begin pricing out the requested optional usage prices on your estimate, pad them with the expectation that the client will respond by minimizing with less usage options and you will have to present cheaper rates.

Often on jobs, estimates, or bids, we’re asked about renewal or reuse terms. They might inquire about rates for one year, two years, or additional uses like print advertising. They may also ask about extending usage beyond the initial period—such as for an extra year or five years.

You should be prepared to include some flexibility in your pricing. Quote a bit higher than what you expect they’ll accept, knowing they might come back and request adjustments, such as a shorter term or reduced scope. This way, you’ll have room to negotiate and adjust the prices as needed.

Does that make sense? The idea is to leave some room in your bid so you can accommodate their requests for reductions and still meet their needs.

Q:

What are your thoughts on bidding on a big job for a client when your portfolio does not reflect the same exact category of work?

A:

It’s not black or white because I’ve had experiences where a photographer’s style and the client’s confidence in that style landed them the job. In that instance, it was Toby Pederson booking an Apple campaign that included people in the images, even though he had no people in his portfolio. Then there are instances when I can sense the photographer’s bid is in 3rd place because their work isn’t exactly reflective of the job’s requirements. I would advise you to get in the mix. Your work will be on their radar and use it as an opportunity to show what you can do.

Q:

Should I try to get a rep so I can start bidding on bigger jobs, or do I need the bigger jobs before I find a rep?

A:

Typically, you need to be bidding on jobs and have existing relationships in order for a rep to do their job. A rep can use their own relationships to get your work in front of new eyes, but your portfolio is where your career lives and dies. If you’re not bidding on jobs yet, that means your portfolio isn’t ready. Work on your portfolio.

 On a creative call make sure to wait after you speak, hearing the creatives’ response. 

The purpose is not only to get your questions answered or get your message across, but also to connect. It’s not a show, it’s a conversation. 

You speak and then they may have a response, so allow for that as the connection may be more important than what you are saying. 

On these creative calls, as I listen to all the photographers, I always think about what I can learn and what they can learn from the discussion. I actually wrote some notes on this and want to read them because I don’t want to forget anything. Don’t rush and talk so much that they can’t respond to each point. Every point you make is important, and it’s equally important to hear how they respond.

Who knows what they might say? Hopefully, they like what you’re saying, but their responses can help you understand more and guide your perspective on the project. Hearing their responses is exactly what you need, so make sure to slow down and not rush as you talk. Allow space for them to answer.

Q:

I’m in the middle of negotiating a contract for a job I really want. The contract gives me no right to use the images for self-promotion, and effectively states that I could be sued for doing so. 

Should I take the money and work on building the relationship, or should I fight for my rights at the risk of losing the gig?

A:

I would talk to your contact at the company, and gauge their flexibility. Explain why you would need to show this work in order to get more work. 

Hopefully they’ll be receptive to your concerns + work with you on tners that are fair to all parties. At least try your best to get what is fair. 

Our industry also benefits when we stand together on issues like this. I understand why you wouldn’t want to walk away from the job because of this, but asking for what you want, in a respectful way, shouldn’t lose you the job.

 The Creative Call is one of those rare ‘make or break’ moments that will help you get or lose the job. When you hear a pause after the creative explains what they are looking for, jump in with a response of a visual description of how you will get what they are looking for.

I have a specific piece of advice for you, based on what I’ve noticed on creative calls. There’s often a pause when the art director is explaining the shot list and the concept. It’s crucial to wait for that pause and use it as your opportunity to reiterate your visual plan. Instead of just saying ‘That’s great’ or ‘Yeah, sure,’ use that pause to restate what they’ve outlined and explain how you will technically execute it. This helps clarify how you’re going to bring their vision to life.

Bidding a project correctly is one of the most crucial parts of getting awarded a job. The way you bid CAN ultimately get you in or lose the job. As much as every bid depends on the situation, there are also some standards and rules that you can educate yourself about and utilize to your benefit. 

Here are 5 tips to help you become an even more successful bidder!

Tip #1: Creative Fees + Usage

Always have a signed estimate that clearly describes what the bid is based on and what the licensed usage is. Be sure all costs are agreed on before beginning the job. 

It is our responsibility to clearly spell out what our numbers cover and don’t cover. I used the top of the estimate for this, and call it “description.”

Always define the amount of shots and what they are. Remember to specify that the bid does not include variations, added shots, or different angles. Mostly, this section is how you protect yourself. 

A great line I like to use after the usage is, “image rights granted with full payment.”

Make sure overtime is clear on your estimate – that the shoot day is based on the standard 10 hour day, anything over that will incur an overtime rate of time-and-a-half for crew. 

If you feel like you would do better if you had help with your bid, then hire the right person – like a rep, producer, or consultant. It could be well worth that commission fee if getting help will in the end leave you with a much larger rate than you would have gotten on your own. 

Tip #2: Negotiating

Clients can’t give you numbers, you have to throw numbers out there for them to bring you up or down. 

Always start with a higher amount and hope they say you are too high. You don’t want to be too low. 

Use questions about the details of the job to get a sense of each client. REALLY LISTEN. I have found that people want to tell us a lot more inside information than we give them the time or opportunity to reveal. 

Tip #3: Advances + Expenses

ALWAYS GET A 50% ADVANCE FOR A PHOTOSHOOT. 

To get this invoice in, you need to have their purchase order (PO) # on your invoice or at least a signed estimate. As soon as that happens, you can officially begin to start spending money. 

BE CAREFUL THOUGH, there are a lot of scams out there. If this is not for a major advertising agency or client you know, wait until you have been wired the advance invoice and it CLEARS at the bank before you spend ANY money for a job. 

If any changes occur before or during the shoot, you need to request an “overage” (send in an overage estimate) and when that is approved you can spend more $. 

Do not go over this total which you’ve been approved for, or you will not be able to charge for it. 

Tip #4: Payment

Invoicing for an advertising job after it is completed will often require backup of all receipts. 

This should be done correctly and I’d recommend getting a producer’s help and/or a bookkeeper who knows the business. 

Expect to be paid 30-60 days after the client receives your final invoice. 

Tip #5: CREATIVITY

(in all ways + places even *bidding*)

Think outside the box. 

Just like a good producer responds with options in a tough scenario, be your own innovative producer. 

Getting creative seems to be my response to all that is happening in our business right now. The entire industry is changing, so go with the flow of it and find your way. 

Use your experience wisely, but don’t let what you’ve done in the past limit or define you. Step outside your own thinking sometimes. Think young.

Our business can sometimes feel like a game of chess. And as they say, you can’t win if you don’t play. So be in it to win it!

This came from something I’ve been noticing lately. When people, especially clients, ask for something—things we didn’t have to do in the past—it now seems like there’s a trend where we need to give more than what’s asked of us. Whether it’s in the bid, the treatment, or even on a creative call, we go beyond. We even pay people to get the resources we need, as if we’ve already got the job. Go beyond what’s required; it’s a game, and you’ve got to be in it to win it. I mean it. Find the resources you need, and give them not just what they want, but more than they even think they want. Show up with more than they could ever imagine.