Usage

Just like companies cannot make money off of photographer’s art without their permission, the same goes for any recognizable art that we may not even realize has copyright ownership. I was on a call discussing casting, and we were warned against using talent with tattoos because we would need permission from the artist. Recognizable public artwork on buildings or bodies without usage agreements has caused legal problems that we don’t want to get entangled with.

There’s something you need to be careful about that you might not know. I was on a call about a job, and they discussed an important issue to be extremely aware of: graffiti, tattoos, and wall art of any kind. As an artist, you have policies for your own images, and so do other artists. It’s not easy to find these artists to pay them or get an agreement from them, so be very cautious.

You might be able to alter these elements in your retouching and post-work to make them non-recognizable, but beware—there could be legal issues and potential costs if you don’t handle this correctly. It could become problematic, so stay aware of this.

Be specific about which SOCIAL MEDIA USAGE you are licensing to the client.

1. PAID is for their ads.
2. OWNED is on their social media.
3. You posting it on YOUR FEED (Influencer Posts) which is a separate fee.

Make sure you are clear and cover yourself with all crew and talent on a photoshoot that you own the images, and no one is allowed to grant usage to anyone on Instagram without your permission. 

Don’t assume they know the copyright laws; that is your job.

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 usage anymore and/or are photographers not charging 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:

Hey there, I had a meeting today with a client that I would really like to work with. The meeting went great but they asked what my test rate is and I’m kind of at a loss. Any suggestions on pricing a test would be greatly appreciated.

A:

A test rate usually falls within half of what the regular day rate can be for a client. The logic behind the test rate is how it does not include usage licensing fees. This principle is the same premise for how I price a pre-light day; always have the estimate read, “no usage included” next to this fee.

Q:

Hey Andrea! I had a client come back after reading my contract that states “shared usage rights” so that I can use the photos and they can as well. But he came back saying they want to “all rights” but says he is okay if I use them for personal marketing/website. This company is small and I am not quite sure he knows what he is talking about. What should I do here/what is the correct way “rights” are normally discussed and used in a contract?

A:

The client’s response sounds like they are assuming ownership of the copyright since they’d grant you usage of the images. First of all, always make sure to be clear that you own the copyright. That is the #1 rule for your contractual terms. If you agree to “work for hire” that means you would not own the copyright. One term I include on every estimate is, “Artist owns the copyright and retains self-promotion rights for all images and tearsheets of ads.”

Q:

I did some spec work, shared it on Instagram, and tagged the company. They then messaged me and said that they loved the work and then sent me a link with their TOC, asking for full usage in perpetuity. This has happened 3x already. I don’t seem to be getting anywhere by saying, “I would love to chat about licensing and future work.” Any advice?

A:

When we DM a company on IG, we must be aware that we are dealing with social media employees responding with automatic scripted terms, not knowing about copyright ownership or usage rights. The real pursuit is to find the people at these companies who do know our business. It takes digging around to find the right contact, so it’s a time zapper, but worth it for the suitable companies for your images.

Q:

I’ve heard the term “library” used a lot the last couple of years. Can you shed some light on the terminology of “library” vs “campaign”? To me, when I hear “campaign,” I think of a small-ish amount of focused images to sell something specific like a product or lifestyle. When I hear “library” I think of a larger amount of more generic images able to be multipurpose for various uses.

A:

Library means the client will buy the “package deal” not to be limited on an image count. A library shoot is a much larger usage, so your fee should reflect that increase. As a rep, I prefer a specific image amount for the licensing rights to be more controlled and get the photographer paid for each image. Usually, the price per image is lower when they buy an entire “library.” Our strategy is to structure usage fees based on the concept that the client will purchase more images in the future and continually need to renew the duration.

Q:

This whole topic seems to be a little contentious, but I’ve seen more lately suggesting companies/brands should not repost images/videos without permission from the artist. This makes sense to me as they are using it commercially without permission, compensation, or, at the very least, photo credit. My question is how would you suggest handling it?

A:

You are the photographer, so you own the copyright. This is your responsibility to contact whoever used your image without your permission to request to be paid. Unfortunately, IG’s terms don’t support photographers, so I believe if this went to court, you’d lose. It’s important to contact them, let them know you are the photographer and find out where they are using your image. At the very least, you should have your name be tagged to get some PR out of it. I find that clients often don’t know any better and don’t realize they need your permission, so they are open to negotiation.

Q:

How do you navigate pricing for unlimited use for images? I’ve had so many requests this year for buy-outs.

A:

Unlimited is the popular usage term similar to clients requesting to own the image’s copyright. They often don’t really need unlimited freedom such as broadcast, OOH billboards, etc. First, find out what they really need it for. You can show them two options – exactly what they need it for and what unlimited would cost. I like how on the Estimates episode of Navigating the Unknown we learned that the standard range for unlimited use is normally between $8k – $15k per day. That gives a sense of where you can begin.