What is the most effective way to successfully educate clients of content rights and usage?
Educating clients often requires me asking them the right questions like- what will you be needing these images for? We have to frame it in a way they understand. They will pay less with the least amount of usage, so why purchase a TV broadcast if you aren’t going to use it on a commercial?
When we hear licensing terms like “copyright” and buyout,” they don’t always know what they are saying. I usually assume they don’t mean it unless they are large companies who are known to require ownership of a usage.
Recently we were emailed by someone who said they wanted to buy the copyright. We knew this was client direct because ad agencies know usage terms. Nowadays we’re getting requests from clients directly and production companies don’t really know what usage is. We spoke on the phone and after some explanation about usage we discovered what they needed it for. It turned out they needed it for social media, which is way different. It takes asking people directly on the phone, what they really need it for, so you don’t have to charge that much or get so intimidated by it to find out what they want to use it for.
Has anyone else been asked to allow a business to repost their image on their business IG? I don’t want companies to solely rely on User Generated Content because then they may not hire many photogs.
Yes, we do get this request often. I leave it up to the photographers because there is a plus and a minus to this. I really see the negative to doing this on a regular basis but perhaps once with each company can be a marketing plan to have that company know of you. When doing this, use it for your own resharing purposes and get the most out of it for that one post. Get their info and have a discussion with them to hopefully lead to more client contact info that can really help you down the line.
When you begin pricing out the requested optional usage prices on your estimate, pad them with the expectation that the client will respond by minimizing with less usage options and you will have to present cheaper rates.
Often on jobs, estimates, or bids, we’re asked about renewal or reuse terms. They might inquire about rates for one year, two years, or additional uses like print advertising. They may also ask about extending usage beyond the initial period—such as for an extra year or five years.
You should be prepared to include some flexibility in your pricing. Quote a bit higher than what you expect they’ll accept, knowing they might come back and request adjustments, such as a shorter term or reduced scope. This way, you’ll have room to negotiate and adjust the prices as needed.
Does that make sense? The idea is to leave some room in your bid so you can accommodate their requests for reductions and still meet their needs.
Bidding a project correctly is one of the most crucial parts of getting awarded a job. The way you bid CAN ultimately get you in or lose the job. As much as every bid depends on the situation, there are also some standards and rules that you can educate yourself about and utilize to your benefit.
Here are 5 tips to help you become an even more successful bidder!
Tip #1: Creative Fees + Usage
Always have a signed estimate that clearly describes what the bid is based on and what the licensed usage is. Be sure all costs are agreed on before beginning the job.
It is our responsibility to clearly spell out what our numbers cover and don’t cover. I used the top of the estimate for this, and call it “description.”
Always define the amount of shots and what they are. Remember to specify that the bid does not include variations, added shots, or different angles. Mostly, this section is how you protect yourself.
A great line I like to use after the usage is, “image rights granted with full payment.”
Make sure overtime is clear on your estimate – that the shoot day is based on the standard 10 hour day, anything over that will incur an overtime rate of time-and-a-half for crew.
If you feel like you would do better if you had help with your bid, then hire the right person – like a rep, producer, or consultant. It could be well worth that commission fee if getting help will in the end leave you with a much larger rate than you would have gotten on your own.
Tip #2: Negotiating
Clients can’t give you numbers, you have to throw numbers out there for them to bring you up or down.
Always start with a higher amount and hope they say you are too high. You don’t want to be too low.
Use questions about the details of the job to get a sense of each client. REALLY LISTEN. I have found that people want to tell us a lot more inside information than we give them the time or opportunity to reveal.
Tip #3: Advances + Expenses
ALWAYS GET A 50% ADVANCE FOR A PHOTOSHOOT.
To get this invoice in, you need to have their purchase order (PO) # on your invoice or at least a signed estimate. As soon as that happens, you can officially begin to start spending money.
BE CAREFUL THOUGH, there are a lot of scams out there. If this is not for a major advertising agency or client you know, wait until you have been wired the advance invoice and it CLEARS at the bank before you spend ANY money for a job.
If any changes occur before or during the shoot, you need to request an “overage” (send in an overage estimate) and when that is approved you can spend more $.
Do not go over this total which you’ve been approved for, or you will not be able to charge for it.
Tip #4: Payment
Invoicing for an advertising job after it is completed will often require backup of all receipts.
This should be done correctly and I’d recommend getting a producer’s help and/or a bookkeeper who knows the business.
Expect to be paid 30-60 days after the client receives your final invoice.
Tip #5: CREATIVITY
(in all ways + places even *bidding*)
Think outside the box.
Just like a good producer responds with options in a tough scenario, be your own innovative producer.
Getting creative seems to be my response to all that is happening in our business right now. The entire industry is changing, so go with the flow of it and find your way.
Use your experience wisely, but don’t let what you’ve done in the past limit or define you. Step outside your own thinking sometimes. Think young.
Are brands using freelance photographers for their social media content, or do they only use in-house photographers?
Depends on the client. Some need freelancers or influencers on a constant basis and others do it themselves.
Additionally, when a photographer is hired to shoot a campaign for a company, it will usually include social media usage. There are instances when a company might shoot additional content themselves or feature influencer generated content and use it for social media.
Do you have some techniques for broaching the topic of usage when working with small businesses? I want to make sure they understand that they are purchasing limited rights, and that as they grow they will incur additional usage rights.
Usage is often confusing, and some clients, outside the oversight of an agency, have little understanding of the concept. A few simple sentences will help clarify the usage they are paying for. One very important piece of advice is to put everything in writing from the beginning. Start with the estimate and make sure it’s clear in the contract once you’ve booked the job. Once it’s in writing, you’re protected. If you want me to review the contract, I’m happy to take a look.
I may have already told you this, but…
Part of the purpose of an estimate is to protect yourself. On EVERY bid description be sure to include:
“Bid based on information provided, any changes may incur overages”
AND
End the usage terms with,
“Granted with full payment”
Your estimate is so important. It’s your terms and conditions, it’s what’s going to protect you. You must put in all the details, such as how many shots, how many days, how many hours, is there overtime? Will there be retouching? Always use that line, “Bid is based on…” Make it all clear in that top job description paragraph. Make sure they read it. You also would have it in the terms and conditions below, but we don’t think anyone is really reading those. They will protect you in court, but hopefully we will never get to that point. Make sure you put in all your details.
How do you handle agency purchase orders with rights grab language?
Purchase orders are our protection to get paid so make sure the usage rights match exactly what you have negotiated.
What kind of usage are you including as part of the creative fee? Is there any kind of standard usage fee?
I don’t know of a standard usage as it always depends on the duration, the location, and the type of usage. The only standard would be “Unlimited usage for an Unlimited duration,” which is more common these days. The one thing I can say as a rep is our favorite work is “reuse” so avoid that “Unlimited” as much as possible.
