Author Topic: Fees and contract for exclusive image (Read 8430 times)

ErickN · « **on:** March 20, 2007, 14:19 »

Hi everyone,

I need some advice about exclusive image pricing and contract.

I have been contacted by a client after they have seen one of my images on several stock sites. This image would fit their needs, except that they need an exclusive one for the software packaging they are designing (the image has already been sold several times). So they asked me for a quote (proposal?) about creating one or more new images in the same style (it's an illustration, not a photograph) that would be exclusive to them.

I tried the Stock Photo Price Calculator at http://photographersindex.com/stockprice.htm and the average price for "Packaging / Major illustration / 10.000 or less" is $1350 (I still don't know their print run, but I will of course adjust for it when I have more infos).

These prices are assumed for non-exclusive reproduction rights, but I think that if I can sell one picture for such money, I'd be happy not to sell it elsewere, that's much more than my average sale on Alamy, and to be honest, creating this kind of image is not very time consuming. Do you think I should charge even more, considering it's for exclusive use ? I'd be bothered missing the sale for being too hungry...

Any advice on what terms I SHOULD include in the contract for such a sale, apart from clearly indicating that I remain the copyright holder and limiting the use of the image ? Any link to a standard contract would also be apreciated !

Thanks in advance for sharing your thoughts, advices and experiences as photographers or designers.

Erick

Grizzlybear · « **Reply #1 on:** April 02, 2007, 06:06 »

Sell your image exclusively,(including copyright) outright for not less than $3,000-regards, Grizzlybear

yingyang0 · « **Reply #2 on:** April 02, 2007, 06:54 »

Quote from: ErickN on March 20, 2007, 14:19

So they asked me for a quote (proposal?) about creating one or more new images in the same style (it's an illustration, not a photograph) that would be exclusive to them...

Any advice on what terms I SHOULD include in the contract for such a sale, apart from clearly indicating that I remain the copyright holder and limiting the use of the image ?

Why would you insist on remaining the copyright holder and limiting the use of the image. They want exclusive rights to use the image, so unless you're setting a specific time frame for the exclusivity (which I'm willing to venture they don't want to do) their is no point in retaining or limiting anything. They're looking for a work-for-hire arrangement and you should give it to them, charge them appropriately but still give it to them.

ErickN · « **Reply #3 on:** April 02, 2007, 07:21 »

Thanks Grizzlybear and Yingyang.

Quote from: yingyang0 on April 02, 2007, 06:54

Why would you insist on remaining the copyright holder and limiting the use of the image. They want exclusive rights to use the image, so unless you're setting a specific time frame for the exclusivity (which I'm willing to venture they don't want to do) their is no point in retaining or limiting anything. They're looking for a work-for-hire arrangement and you should give it to them, charge them appropriately but still give it to them.

I'm not used to work and negociate directly with an end client for my photography. So I guess what I had in mind was more the RM model than the work-for-hire/buy-out one. I have no real reason to keep the copyright on it, unless a limited time frame was the deal, but you're right, that's not the case here.

Thank you both very much for your insights. Your advises really make sense.
Erick

eendicott · « **Reply #4 on:** April 02, 2007, 07:40 »

Erick - you work with Alamy....why not check the prices on Rights Protected Images?

Essentially, that's what your doing. You're leasing the image on an exclusive basis for a certain period of time. Price should be reflective of print run, amount of time of exclusivity, placement, etc. That's what Rights Protected licensing is all about - and Alamy does this for us if we select RP as the 'licence' on our images.

If you check the Alamypro forum on Yahoo, RP images have been licensed through Alamy for $10,000 +

(I'm not suggesting to sell the image through Alamy - just suggesting you should use it as a reference for pricing).

yingyang0 · « **Reply #5 on:** April 02, 2007, 15:04 »

Quote from: eendicott on April 02, 2007, 07:40

Essentially, that's what your doing. You're leasing the image on an exclusive basis for a certain period of time.

I wouldn't use Alamy as a refrence because he's not doing it for a "certian period of time". The company wanted the indefinite exclusive rights to the photo (at least that's what his posts to mean).

yingyang0 · « **Reply #6 on:** April 02, 2007, 15:06 »

edited

ErickN · « **Reply #7 on:** April 02, 2007, 16:51 »

Eendicott :
Thanks for the suggestion. Indeed, I first had a look at Alamy prices as well as the Stock photo price calculator to have a rough idea of the fee.

But though it was not very clear in my original post, Yingyang is right on the fact that the client asked for an exclusive use of the image without any time limit. In fact, they want to use the image on a packaging, as a clear identification of one of their product.

YingYang :
Wow ! Thanks for the contract sample. I still haven't carefully read it all but will take the time to do so (while I can read/speak everyday english, legal stuff is much more difficult to understand for me - even in French !)

Thanks very much again
Erick