Negotiating

Q:

How do you negotiate licensing or ask a client to stop using your photos when there was no contract in place at booking and/or during delivery of images?

A:

Step one is to find the appropriate contact at the company who is using your images illegally. Step two is to educate the client, as this usually occurs because they don’t understand copyright ownership. The photographer owns the copyright with or without a contract. Instead of asking the client to stop using your images, you can explain how they need to pay you to continue using them, and a penalty fee for when they have already used them. Handle this yourself with legal copyright documentation or use a temp rep or lawyer on your team. 

Q:

I quoted a project, but didn’t get it after 1 round of quote revisions, with the explanation they are going with someone cheaper. I asked if this was based solely on cost or also on creative style, and whether they would share who they chose, but they didn’t say who they hired. I think I didn’t scope the job properly, misunderstanding the importance of their tight budget. How do we ask for feedback on a job we didn’t land? How do we get the answers we need to quote better next time?

A:

Ways I’ve gotten the most INFO back from clients after not getting the job: 

• Asking during a one-on-one in-person meeting or on the old-school telephone. 

• Putting forth a close-ended, fully loaded question, allowing them to answer “yes or no.” 

• Sharing new, inspired ideas, new thoughts for next time, to intrigue them to use you, like how you will do this with a lower budget. 

• Don’t ask right away; give them at least a week or two for it to become official. 

• Explain truthfully why you are asking and what you want to learn from it.

Q:

 I’m starting to work for an agency in LA, for beauty clients. At first, she wanted just one day rate for all their client shoots, even though some wanted social media only and others also needed Out of Home. So I emailed her 3 different tier shoot rates with ranges, so going from here on out, she doesn’t think I would get paid the same amount. How do you go about pricing for OOH?

A:

Educating clients on USAGE pricing is a way of life for image creators, and knowing the appropriate or achievable percentages is a bit of a guessing game with no exact rule to it. I use https://artistmanagementassociation.org/chart-of-usages for their “% value of rate,” which is 10-15% for OOH. I also want to discern if that includes “digital” or not. Points I consider: * The impact of your image on this OOH ad

* What type of budget do I think is possible w/ this client

* What type of fee % do the talent agents charge for this

* I will try for a 25% additional fee first and use that as a negotiating starting point

Q:

Hey! I was looking over your website for consults. What I really need help with is someone to explain making bid contracts and licensing to me. Is that possible? Your options on the site didn’t touch on that.

A:

Hello! Yes, we do that type of consulting offered on AskSternRep.com. It’s one of our secret specialties, focusing on how to make an estimate clear and concise so clients can see all the particulars they need to know and which terms need to be included. Blink Bid offers a solid bid form, and we can go through it with you to ensure you are covered in your specifics.

Q:

 I have been asked by a client for my fee options to renew usage on some of my images for 1 year and for perpetuity. The base fee was $3000 a day for these beauty portraits. I am wondering for digital and print, how to price this. How would you handle this?

A:

The answer to all fee renewals (if not spelled out on the estimate) follows the same consistent proportional percentage breakdown, mirroring the original usage/fee cost. If you charged $3000 for digital and print usage fees for 1 year on the initial estimate, then I’d follow that, asking for perhaps $2500 or $2750 for another year. A lot of this depends on the client’s budget, so I always negotiate with a “collaborative negotiation” positioning myself to open the conversation for an ongoing work partnership. 

Negotiation points to use when clients ask specifically for a reduction in Creative Fees:

1. Scaling down any area of their usage terms.
2. Trimming the number of images, variation, and angles on the shot list. 
3. Reducing the number of final images included in usage terms.
4. Limiting shoot days hours maximum.
5. Time-saving production tasks they take over, like prop shopping, producing, retouching, casting, scouting, etc. 
6. Predetermined creative concepts/shot list they supply before the shoot day begins.
7. Guaranteed faster final payment and/or larger advance payment before the shoot begins.
8. Bulk discounted rate based on future projects. 

Q:

How do I know what to charge for interior shoots? The scale of projects is all over the place.

A:

Our industry doesn’t have a set rate structure, so pricing can feel like a guessing game. Rates are generally based on usage licensing terms, the size of the company hiring us, and our experience in the various types of photography. 

Each photographer has to come up with their midline rates based on previous jobs, the word from others, and where they are in their career and go from there. It will always fluctuate, but the one solid component of negotiation skills is asking for a higher rate than you expect, which can work in your favor. 

Q:

What are the most important things to include in a bid?

A:

Some MUST ADDS to every bid: 

1. Specifics of what the bid is based on (image count, variations, amount, and schedule of days, the deliverables, etc.)

2. Usage licensing terms and copyright rights 

3. Gear charges even when you own your equipment

4. Timelines and deadlines to clear up how many hours per day are included (pre-overtime), and when and how they will receive the final images

5. Anything you are expecting them to cover or supply

6. Advance invoice amount and date requirements

Q:

Do you always expect clients to negotiate? Or do they just walk away sometimes if the price is automatically too high?

A:

 Unfortunately, clients walk away for so many reasons beyond our control. I like to feel out the situation to hear the temperature of their response before fully committing to a price. Odds are more in our favor if we can create a human connection off the bat, helping us open the doors of communication. The conversation can include the openness to flexibility by discussing a price range before we officially submit an estimate. If clients know we are willing to budge, they may be more apt to negotiate. 

Q:

Do you suggest always requesting a 50% advance? If so, what’s the best way to ask for it?

A:

Yes. Always include a request for an advance in your estimate, so it’s in writing once the estimate is approved. I use simple language like, “50% of total due prior to beginning of shoot.” If they ask for a different amount and it’s reasonable, that’s fine with me. I just need a legal guarantee that my photographers will be paid. I’d be scared to work without that reassurance.