Usage

Q:

I saw how one of my clients used my images on an electronic billboard after I gave them “digital usage rights.” I had no idea a billboard could be considered DIGITAL. How are we supposed to monitor usage like this?

A:

Usage definitions are constantly changing as new developments creep up quickly. The best way to stay ahead of the curve is by carefully defining specifics to limit each purchased usage category.

Examples:

1. Excluding billboards

2. Limited to 48 X 70-inch bus shelter-sized poster displays

3. Not including paid ad placements

4. Client name website only

5. Not including electronic media or video

(For more info see AMA Usage Glossary: https://static1.squarespace.com/static/5f3449e3b908c4454253346b/t/62cd98713535691a6dadd3a8/1657641073387/AMA+Usage+Glossary.pdf)

Q:

After delivering agreed-upon images as a trade, the client wants to use them for other non-discussed usages. Is it too late to have them sign a contract?

A:

Any job without a contractual agreement will most likely lead to confusion because clients do not understand copyright and licensing image rights. I know the goal is to be casual and create a friendly relationship with clients, but if they love the images, this turns back on us making a miscommunicated mess. It’s never too late to offer them a contract, but the risk outweighs the gains of handling this after the fact. I recommend Blink Bid – https://blinkbid.com/commercial-photography/ or @blinkbid.

Q:

Hi Andrea, how do you charge clients after a campaign shoot, after they made the agreed amount of selects, they ask for additional images with no edits for them to have extra content for product pages, emails, etc? Thank you!

A:

This is your golden opportunity to create some package deal options for them to buy more image usage.

Question:

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.

Q:

I shot an event for a startup event company at a very low rate and included a “no third party usage” term in the contract. A top five ad agency working with the new alcohol brand requested rights for unlimited usage in perpetuity for the images. What is the tactful, business-savvy way to respond?

A:

You hit the jackpot! The goal of shooting a low-rate “favor” job is to have it open doors leading to a higher payoff. 

Business savvy responses:

1. Use this opportunity to develop a long-term relationship by warming it up with a phone conversation.
2. Position yourself for shooting future projects for this client by asking if they’d like to negotiate a recurring package standard rate deal. 
3. Clients asking for general usage like this will often reciprocate your offer by reducing their requests to bring your costs down. Prepare for that by starting with higher prices and optional cost groupings (amount of images, duration of usage, etc.).

Be Aware: A usage term getting overlooked right now is VIDEO usage. It’s standard to see “no broadcast usage,” but we cannot assume that means no video or motion usage. 

The two are no longer interchangeable. Price accordingly.

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. 

Include the number of final images into your licensing term as a safeguard setting the tone that your usage fee increases if they add more images. 

Q:

I’ve had a lot of my client work posted in articles like Hypebeast, WWD, and Complex without my permission or crediting my name. How much do people charge for usage like that? How do I deal with charging if clients keep getting my work up on big-name articles like this without consent?

A:

I am surprised these sites would not require your permission to show your images. They are taking quite the risk themselves in doing that. Depending on your relationship with your client and these sites, you could go after payment including a penalty fee. The normal chare for these is probably in the $200-$500 range. I am not in this type of business so I am not exactly sure about the prices but that is my guess. You could go after both of them threatening legal action and demanding more but that may damage your relationship. Perhaps talk to the client first to get this settled fairly. 

Q:

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.