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My long-time restaurant client plans to publish a cocktail book showcasing their cocktail recipes, all of which I have shot. She asked me about image licensing rights because I was so green when this started and did not send them contracts (I know, big fail). Ideally, I would like to send her a new contract for the images she’d like to use in the cocktail book, and I was wondering if this was the best course of action.
Answer:
The root of the issue with no contracts is how you and the client were both green. Uncontracted clients may assume they own the copyright without needing your usage approvals. The overall solution is to follow up with all uncontracted clients before an issue arises, verifying your image ownership and assuming usage rights. Talk to your clients, make this a two-way conversation asking what they’d like to use the images for in the future and become part of their long-term solution… for a price, of course.
A client returned to purchase a second round of images I shot for them. They would not pay me to retouch this 2nd batch of images because it was cheaper for them to outsource the post work. Now the images are live and online without any retouching or color correction… What could I say next time to prevent this from happening again?
A:
I don’t mean to be harsh, but the only thing you can do about this is offer cheaper retouching or request that your name not be associated with the images. Depending on their contractual terms, you can retouch them your way and show them off on your site and IG. Other than that, they have full rights to retouch/crop/manipulate the images you shot any way they choose.
When offered an exciting job for a low budget, you can always offer your time and usage licensing for a discounted rate while having the client handle all production. If you feel you can create high-quality images, these jobs require clear terms of what you are and NOT including.
Sample Negotiation:
Client: How much would it be to shoot this?
You: I don’t have enough information to give you an accurate price. What is your budget?
Client: We have $2000.
You: For a $3500 discounted rate, I would do this for one month of social media for four final images within an 8 hour shoot day, and that does not include any production expenses only my time.
After shooting with an international client, I had a frustrating experience when I asked if I could show the images, and the response was that I could not show them. I’m just getting started, so I was excited to use these to help me leverage my career. How are other photographers able to post work they create with large brands?
A:
My unofficial assessment of this issue is some clients say it, and some clients mean it. I’ve never lost a client after being reprimanded for this. Of course, you never want to be surprised by our client’s terms, so read them carefully and adjust your fees accordingly. We have a few options – ask and cross your fingers,don’t askand claim ignorance,respect not postingon public platforms,or pick and choose to show the imagesin a pdf or an email promo to a select group.
I’m being asked for the usage rate for a client’s social media content – organic vs. paid. How are we scaling the value difference between the two for usage fees?
A:
Social media usage for organic (or owned) on their social media needs to be much higher than “paid” ads usage based on the significant increase of viewers. Rates depend on many elements like the number of images, amount of posts or usability duration, and the type of images. Paid social media should run at least triple the price of organic.
Knowing the client’s budget, I like to sneak in $500 more to get as much as possible without my response risk being too high. My response is to stay within their playing field but still do my job to get us paid as much as possible.
A client hiring me for a shoot was confused about paying for usage rights. Is there any foolproof way to educate clients about image licensing and why photographers should be paid what they deserve?
A:
Explaining licensing usage rights to clients means you are dealing with clients who are not used to paying much for their photography. Know what you are getting into, and keep close supervision once paid duration ends. APhotoEditor has an easy-to-understand explanation we can use to help educate these types of clients-