PRICING &
NEGOTIATING
Commercial & Editorial Assignments

           Bill Cramer/CEO
A photograph has	

    no intrinsic value.	

So how do you quantify it?
Copyright
Pricing and 	

   “Licensing” vs. “Usage”

Negotiating	

    Charging For Time vs. Usage
                  Licensing Agreements
                  Types of Usage
                  Editorial Contracts
                  Commercial Contracts
                  Negotiating Points
COPYRIGHT
▹  …is the right to reproduce or distribute an artistic work
 ▹  You own the copyright as soon as you take a picture
 ▹  Copyright gives photographers tremendous negotiating leverage
 ▹  Commercial photographers don’t sell images, they license them
 ▹  Clients can only use photographs if they have a license
 ▹  Photographers grant use of images to their clients with a licensing
    agreement
 ▹  Work For Hire
 ▹  Copyright Registration
“LICENSING” VS. “USAGE”
▹  Often used interchangeably, but there’s a subtle difference
▹  License is what you grant to your client allowing them use of your pictures
▹  Usage is more about what they’re actually going to do with them
▹  The terms of the license are often different from the actual usage
CHARGING FOR TIME VS. USAGE
▹  Assignment fees are a function of time, skill and usage/licensing
 ▹  The time it takes a photographer to execute an assignment tends to
    determine the minimum price
 ▹  Usage/licensing tends to determine the maximum price
 ▹  Commercial value is not related to your cost of doing business, it’s
    solely a function of the benefit your images bring to the client
 ▹  If you charge for your time but not usage, you’re missing that point,
    and you’re probably leaving money on the table
 ▹  Especially true of advertising where it’s usually more lucrative to
    charge by the picture rather than by the day
LICENSING AGREEMENTS 
▹    In order to write a licensing agreement, you have to be able to describe that usage:
       ▹    Type of Use (editorial, commercial (publicity, collateral, advertising))
       ▹    Prominence (placement, how big, how many, who is the company)
       ▹    Duration (how long will the pictures be used)
       ▹    Geography (where will they be distributed)
       ▹    Volume (number of copies or views)
       ▹    Exclusivity (how long before you can license them to someone else)
▹    Draw a box around the usage you want to allow for a certain price
▹    It’s like appraising a house (square footage, bedrooms, bathrooms, neighborhood)
▹    Licensing agreement defines usage the way a deed defines a property
TYPES OF USAGE
▹    (In roughly order of value)
▹    EDITORIAL (newspapers, magazines, books)
▹    COMMERCIAL (ad agencies, graphic design firms, corporations, institutions,
     entertainment)
     ▹    Publicity – client gives photos to publications for editorial use (press kits, press
          releases)
     ▹    Collateral – client produced and distributed (brochures, annual reports, posters,
          websites)
     ▹    Advertising – client pays to place photos in media (newspaper and magazine
          ads, web banners, billboards, transit ads)
▹    Avoid vague terms like “buyout” or “unlimited”
▹    Web isn’t a usage, it’s a medium
Understand the client	

  and the project
ASKING THE RIGHT QUESTIONS
▹    What’s the concept of the shoot?
▹    Do you have a shot list, comps?
▹    Who is the client (or the client’s client)?
▹    What is the goal of the campaign/project?
▹    Who is the audience?
▹    What licensing do they need?
▹    What is the intended use (this may be different from the licensing granted)?
▹    What level of production is appropriate (hair/make-up, wardrobe stylists, prop
     stylists)?
▹    Who else is quoting on the job?
▹    Have you established a budget?
EDITORIAL CONTRACTS
▹    Their contract or yours?
▹    Fee plus expenses or all inclusive?
▹    Day rate vs. space or fixed fee?
▹    Large circulation magazines vs. small
▹    Consumer magazines vs. trade magazines
▹    Custom publications for associations and corporations
▹    “Advertorial”
▹    Typical national magazine rates 500.00 – 700.00/day vs. 500.00 – 1200.00/page
▹    Rates have fallen in the past 5 years
▹    More and more, magazines are offering flat fees
COMMERCIAL CONTRACTS
▹    Costs page, Terms & Conditions page
▹    Expressed as an Estimate (fee+expenses) or Bid (all inclusive)
▹    Use an estimating software like BlinkBid or at least an invoicing app like Quickbooks
▹    Consult pricing guides like BlinkBid, FotoQuote, Corbis, Getty (stock vs. assignment)
▹    Pricing by the hour, by the day, by the image, by the project
▹    Bundle usage with day rate or separate the two
▹    Itemize everything (whether you submit it like that or not)
▹    Specify items that the client is providing
▹    Low bid often doesn’t get the job
▹    Review with a consultant, rep or friend
▹    Prices can vary wildly depending on the photographer, client and project
Editorial                                         Collateral                                       Advertising
                                                                                                                               Advertising
                            Publicity
                 Type of Publications: Newspaper, Consumer                     Publicity                           What type of media? Newspaper, Magazine, Point of
               Magazine, Trade Magazine, Book, Other (for Corp.               Brochure, Annual Report,
                                                                           Types of use: Media Kits, Other           Newspaper, Magazine, Point of Purchase, Catalog,
                                                                                                                   Purchase, Catalog, Billboard, Bus Shelter, Direct Mail,
                                Media Kits, etc.
                             Mag, See Collateral)                           Corporate Magazine, CD-Rom.                Billboard, Bus Shelter, DirectInsert,Packaging,
                                                                                                                           Packaging, Freestanding Mail, Other
                                                                          What is the title of the publication?                     Freestanding Insert


                            Anticipated Space
                         In what geographic area                     Front cover, back cover, inside, or both?                    Size of Photo(s):
prominence     How many photos do you plan to use, and
                     does the company do business?                     Will our photos appear with others?                       Size of Photo(s):
                                                                                                                   Are there other photos in the ad or just ours?
prominence    what sizes? Cover? Inside? What about web                               N/A
                                                                                                                   Are there other photos in the ad or just ours?
              use, foreign language use, syndication use?
               Do you want these included or a la carte?
                                                                    What is the life expectancy of this piece?
 duration             One time? One year? Forever?
                                                                     Do you want one time use of photos?
                                                                                                                            One time? One year? Forever?
 duration                 One Time Use? Other?                                 One Year? Other?                                    One Year? Other?


                      Local? Regional? National?                        Will the publication be distributed:
                                                                           Local? Regional? National?                        Local? Regional? National?
geography         International? ForeignNational?
                       Local? Regional? Edition Use?                     Locally? Regionally? Nationally?                     Local? Regional? National?
geography           Foreign Language Use? Other?
                             International?
                                                                              International? Other?
                                                                    Internationally? Are there separate foreign
                                                                                                                                International? Other?
                                                                                                                                    International?
                                                                      editions? Separate language editions?

              What is the circulation of the publication?                                                          Number of insertions? Names of publications?
 volume          What is the advertising page rate?
                                                                              Number of copies?
                                                                                                                   Number of insertions?of pieces? publications?
                                                                                                                                Number Names of
 volume                   Number of copies?                                   What is the print run?
                                                                                                                                Number of pieces?
                                                                  Proprietary images are exclusive forever, non-   Proprietary images are exclusive forever, non-
              30 days from publication or 180 days from
exclusivity    Proprietary images are is less. Other.
                  delivery, whichever exclusive forever,             Proprietary images are are exclusive
                                                                         proprietary images exclusive forever,        Proprietary images are are exclusive
                                                                                                                          proprietary images exclusive forever,
exclusivity      non-proprietary images are exclusive                  non-proprietary year. Other.exclusive
                                                                                for one images are                      non-proprietary year. Other.exclusive
                                                                                                                                 for one images are
                             for one year.                                           for one year.                                    for one year.
               Adjacent to the photo, or if a cover on the
                                                                                                                     This is a negotiable point. Be sure to get it
  credit       table of contents page, or if a spread, one                Credit on all prints and slides.
                                                                              Once in the back of the                This is a negotiable point. Be sure to get it
                                                                                                                      when you make any other concessions.
  credit              Credit on all prints and slides.
                              large credit.
                                                                             publication is customary.                 when you make any other concessions.
“Why can’t we use	

   the pictures	

any way we want?”
BLINKBID
FOTOQUOTE
GETTY & CORBIS
What’s a “media buy”	

and how does it affect
      value ?
Case study

The Penn Stater
  Magazine	

    Cover Shoot
- Brothers. Star basketball players.	


- Cover, opener, table of contents.	


- Posed, in action, with their family.
Case study

Inc. Magazine	

     Portrait
- Brothers who run an online wine company	


- One inside picture. Full page.	


- White background.	


- Sitting on wine crates. With and without
wine glasses.
Case study   	

Ad Campaign
-  Large New York ad agency	


-  Medium-sized brand (part of big company)	


-  3 pictures, 3 models, 1 prop	


-  1 day in studio	


- 1 year consumer pubs, POS, direct mail,
  	

collateral, internet
NEGOTIATING POINTS
▹  Negotiating is about finding a “win/win”
▹  It doesn’t need to be contentious or adversarial
▹  Don’t give up something for nothing (licensing/fee/expenses)
▹  Never give a price quote over the phone
▹  What’s in it for you? Portfolio, experience, relationship, money
▹  Does the intended use match the licensing?
▹  Production responsibilities (what can your client do to help?)
▹  Bid vs. Estimate (heads I win, tails you lose)
▹  Working for free or for cheap
More	

    Look for a copy of this presentation on our blog next Saturday	


To see dozens of examples of assignment pricing, go to our blog and type
             “Pricing & Negotiating: ” into the search field
Questions?
Thank you!	

(The End)

P&n colorado photo_review_101312

  • 1.
    PRICING & NEGOTIATING Commercial &Editorial Assignments Bill Cramer/CEO
  • 2.
    A photograph has no intrinsic value. So how do you quantify it?
  • 3.
    Copyright Pricing and “Licensing” vs. “Usage” Negotiating Charging For Time vs. Usage Licensing Agreements Types of Usage Editorial Contracts Commercial Contracts Negotiating Points
  • 4.
    COPYRIGHT ▹  …is theright to reproduce or distribute an artistic work ▹  You own the copyright as soon as you take a picture ▹  Copyright gives photographers tremendous negotiating leverage ▹  Commercial photographers don’t sell images, they license them ▹  Clients can only use photographs if they have a license ▹  Photographers grant use of images to their clients with a licensing agreement ▹  Work For Hire ▹  Copyright Registration
  • 5.
    “LICENSING” VS. “USAGE” ▹ Often used interchangeably, but there’s a subtle difference ▹  License is what you grant to your client allowing them use of your pictures ▹  Usage is more about what they’re actually going to do with them ▹  The terms of the license are often different from the actual usage
  • 6.
    CHARGING FOR TIMEVS. USAGE ▹  Assignment fees are a function of time, skill and usage/licensing ▹  The time it takes a photographer to execute an assignment tends to determine the minimum price ▹  Usage/licensing tends to determine the maximum price ▹  Commercial value is not related to your cost of doing business, it’s solely a function of the benefit your images bring to the client ▹  If you charge for your time but not usage, you’re missing that point, and you’re probably leaving money on the table ▹  Especially true of advertising where it’s usually more lucrative to charge by the picture rather than by the day
  • 7.
    LICENSING AGREEMENTS ▹  In order to write a licensing agreement, you have to be able to describe that usage: ▹  Type of Use (editorial, commercial (publicity, collateral, advertising)) ▹  Prominence (placement, how big, how many, who is the company) ▹  Duration (how long will the pictures be used) ▹  Geography (where will they be distributed) ▹  Volume (number of copies or views) ▹  Exclusivity (how long before you can license them to someone else) ▹  Draw a box around the usage you want to allow for a certain price ▹  It’s like appraising a house (square footage, bedrooms, bathrooms, neighborhood) ▹  Licensing agreement defines usage the way a deed defines a property
  • 8.
    TYPES OF USAGE ▹  (In roughly order of value) ▹  EDITORIAL (newspapers, magazines, books) ▹  COMMERCIAL (ad agencies, graphic design firms, corporations, institutions, entertainment) ▹  Publicity – client gives photos to publications for editorial use (press kits, press releases) ▹  Collateral – client produced and distributed (brochures, annual reports, posters, websites) ▹  Advertising – client pays to place photos in media (newspaper and magazine ads, web banners, billboards, transit ads) ▹  Avoid vague terms like “buyout” or “unlimited” ▹  Web isn’t a usage, it’s a medium
  • 9.
    Understand the client and the project
  • 10.
    ASKING THE RIGHTQUESTIONS ▹  What’s the concept of the shoot? ▹  Do you have a shot list, comps? ▹  Who is the client (or the client’s client)? ▹  What is the goal of the campaign/project? ▹  Who is the audience? ▹  What licensing do they need? ▹  What is the intended use (this may be different from the licensing granted)? ▹  What level of production is appropriate (hair/make-up, wardrobe stylists, prop stylists)? ▹  Who else is quoting on the job? ▹  Have you established a budget?
  • 11.
    EDITORIAL CONTRACTS ▹  Their contract or yours? ▹  Fee plus expenses or all inclusive? ▹  Day rate vs. space or fixed fee? ▹  Large circulation magazines vs. small ▹  Consumer magazines vs. trade magazines ▹  Custom publications for associations and corporations ▹  “Advertorial” ▹  Typical national magazine rates 500.00 – 700.00/day vs. 500.00 – 1200.00/page ▹  Rates have fallen in the past 5 years ▹  More and more, magazines are offering flat fees
  • 13.
    COMMERCIAL CONTRACTS ▹  Costs page, Terms & Conditions page ▹  Expressed as an Estimate (fee+expenses) or Bid (all inclusive) ▹  Use an estimating software like BlinkBid or at least an invoicing app like Quickbooks ▹  Consult pricing guides like BlinkBid, FotoQuote, Corbis, Getty (stock vs. assignment) ▹  Pricing by the hour, by the day, by the image, by the project ▹  Bundle usage with day rate or separate the two ▹  Itemize everything (whether you submit it like that or not) ▹  Specify items that the client is providing ▹  Low bid often doesn’t get the job ▹  Review with a consultant, rep or friend ▹  Prices can vary wildly depending on the photographer, client and project
  • 14.
    Editorial Collateral Advertising Advertising Publicity Type of Publications: Newspaper, Consumer Publicity What type of media? Newspaper, Magazine, Point of Magazine, Trade Magazine, Book, Other (for Corp. Brochure, Annual Report, Types of use: Media Kits, Other Newspaper, Magazine, Point of Purchase, Catalog, Purchase, Catalog, Billboard, Bus Shelter, Direct Mail, Media Kits, etc. Mag, See Collateral) Corporate Magazine, CD-Rom. Billboard, Bus Shelter, DirectInsert,Packaging, Packaging, Freestanding Mail, Other What is the title of the publication? Freestanding Insert Anticipated Space In what geographic area Front cover, back cover, inside, or both? Size of Photo(s): prominence How many photos do you plan to use, and does the company do business? Will our photos appear with others? Size of Photo(s): Are there other photos in the ad or just ours? prominence what sizes? Cover? Inside? What about web N/A Are there other photos in the ad or just ours? use, foreign language use, syndication use? Do you want these included or a la carte? What is the life expectancy of this piece? duration One time? One year? Forever? Do you want one time use of photos? One time? One year? Forever? duration One Time Use? Other? One Year? Other? One Year? Other? Local? Regional? National? Will the publication be distributed: Local? Regional? National? Local? Regional? National? geography International? ForeignNational? Local? Regional? Edition Use? Locally? Regionally? Nationally? Local? Regional? National? geography Foreign Language Use? Other? International? International? Other? Internationally? Are there separate foreign International? Other? International? editions? Separate language editions? What is the circulation of the publication? Number of insertions? Names of publications? volume What is the advertising page rate? Number of copies? Number of insertions?of pieces? publications? Number Names of volume Number of copies? What is the print run? Number of pieces? Proprietary images are exclusive forever, non- Proprietary images are exclusive forever, non- 30 days from publication or 180 days from exclusivity Proprietary images are is less. Other. delivery, whichever exclusive forever, Proprietary images are are exclusive proprietary images exclusive forever, Proprietary images are are exclusive proprietary images exclusive forever, exclusivity non-proprietary images are exclusive non-proprietary year. Other.exclusive for one images are non-proprietary year. Other.exclusive for one images are for one year. for one year. for one year. Adjacent to the photo, or if a cover on the This is a negotiable point. Be sure to get it credit table of contents page, or if a spread, one Credit on all prints and slides. Once in the back of the This is a negotiable point. Be sure to get it when you make any other concessions. credit Credit on all prints and slides. large credit. publication is customary. when you make any other concessions.
  • 15.
    “Why can’t weuse the pictures any way we want?”
  • 16.
  • 17.
  • 18.
  • 19.
    What’s a “mediabuy” and how does it affect value ?
  • 20.
    Case study The PennStater Magazine Cover Shoot
  • 21.
    - Brothers. Starbasketball players. - Cover, opener, table of contents. - Posed, in action, with their family.
  • 35.
  • 36.
    - Brothers whorun an online wine company - One inside picture. Full page. - White background. - Sitting on wine crates. With and without wine glasses.
  • 48.
    Case study Ad Campaign
  • 49.
    -  Large NewYork ad agency -  Medium-sized brand (part of big company) -  3 pictures, 3 models, 1 prop -  1 day in studio - 1 year consumer pubs, POS, direct mail, collateral, internet
  • 72.
    NEGOTIATING POINTS ▹  Negotiatingis about finding a “win/win” ▹  It doesn’t need to be contentious or adversarial ▹  Don’t give up something for nothing (licensing/fee/expenses) ▹  Never give a price quote over the phone ▹  What’s in it for you? Portfolio, experience, relationship, money ▹  Does the intended use match the licensing? ▹  Production responsibilities (what can your client do to help?) ▹  Bid vs. Estimate (heads I win, tails you lose) ▹  Working for free or for cheap
  • 73.
    More Look for a copy of this presentation on our blog next Saturday To see dozens of examples of assignment pricing, go to our blog and type “Pricing & Negotiating: ” into the search field
  • 74.
  • 75.