Usage

Q:

Recently, I’ve lost a few bids because I haven’t given the client an unlimited license. Is this an industry trend? Are clients not paying for usage anymore, and/or are photographers not charging for usage? In my bid, I gave the client all the usage that they asked for, but lost the bid to another photographer who just gave them an unlimited license. 

A:

Giving away image usage licensing rights for free gives up the critical framework that supports a career in photography. The only way to win this battle is to be the best photographer you can be. The better you become, the more clients will be forced to stick with photographers who charge for licensing rights. Those who give it away are on a lower playing field, mostly used when a client does not have a high-end, specific style and can use a more general, undefined look. The only way to not be undercut is to be the precise resource raising their business to that next level. Be the solution, making them look even better for using you!

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. 

Q:

I always put the usage terms “excluding outdoor and broadcast” on my estimates and invoices. Are those still the best two types to call out? 

A:

 I like to spell out licensing usage terms in this type of format: USAGE (granted upon full payment): 2 years Worldwide Website, Marketing Emails, Social Media Paid and Owned, excluding Digital, OOH, Broadcast, and Streaming. AI rights or AI research rights are not included. *Free Usage Glossary – https://artistmanagementassociation.org/usage-glossary

Q:

I have received a lot of “work for hire” requests this year, giving me no rights to self-promote the images. I wonder if it’s AI-related from legal teams.

A:

Work for hire and not being able to show images from certain types of clients have been around for quite a while. It may happen more nowadays because of AI-related requests, but overall, it’s a topic that should affect your fees. The more usage they are asking for, the higher your rates.

Q:

This whole topic seems to be a little contentious, but I’ve been seeing more lately suggesting that companies and brands should not repost images and videos without the artist’s permission. That makes sense to me as they are using the content commercially without permission, compensation, or even proper credit in many cases. 

My question is: how would you suggest handling this?

A:

You are the image creator, so you own the copyright. It’s your responsibility to contact whoever used your image without your permission and request to be paid. Unfortunately, IG’s terms don’t support image creators, so if this went to court, there’s a good chance you’d lose. That’s why it’s important to contact them, let them know you own the image, and find out where they are using your image. At the very least, you should have your name tagged to get some PR exposure. In my experience, many clients simply don’t know any better and aren’t aware they need your permission, so they’re often open to negotiation. 

Q:

What do I do when clients use my photos for marketing before paying me?

A:

A norm I’ve experienced when our images go live before being paid for is one client’s department didn’t communicate with the other department or the client may not be aware of usage ownership rights. This must be spelled out and agreed upon before the job begins. Contracts usually state this, but clients may not be reading our contracts. Make sure the logistics timeline is also communicated verbally. Do your research, and don’t assume they will handle this appropriately.

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 need to show this work in order to secure future opportunities. 

Hopefully, they’ll be receptive to your concerns and willing to work with you on terms that are fair to all parties. At the very least, do your best to advocate what’s 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 over this, but asking for what you need (in a respectful way) shouldn’t cost you the job.

Q:

Have you found a way to justify licensing images for social media platforms for small restaurants? Is this even a thing for businesses notorious for thin margins?

A:

Licensing images is needed for any usage, regardless of the budget or size of the business. What if that restaurant grows, or what if they share their images with other restaurants? Always make sure the contract is clear, and specifically show them how they can use the images only on social media (paid or owned platforms). We never know what will happen in the future, so it’s important to always protect yourself.

Q:

This may either be controversial or a matter of semantics, but what are your thoughts on photographers being ‘content creators’? It’s always made me feel cheapened, but maybe I’m just being stubborn?

A:

Personally, I see this issue as a financial one. If a client is paying appropriately for quality images you are proud to put your name on, that answers the question for me. “Content” is what most clients need these days, so not wanting to be a part of that could really limit your job opportunities. I’m curious to hear others’ opinions on this in the comments. What do you think?

Q:

Any thoughts on what to charge just for a GIF?

A:

Specific negotiation topics to consider when pricing a GIF:

• It’s not a free extra, as a GIF is a highly valuable commodity.
• Image count, which forms the basis of our fee structure, must be considered for the stream of multiple images.
• Be specific with usage, as a GIF is a series of images used together and may not be priced the same as individual images.
• Clarify which size of video or motion usage is included for quality performance.