It is quite common for a professional photographer to get a call asking to use a photo and the photographer doesn't know how to give a quote for the usage.
Understanding Copyright
First let me start with understanding of copyright. It is safe to say that unless you have permission from a photographer to use a photo you cannot use it without opening yourself up to copyright infringement.
If a photo qualifies in Public Domain then you can use it. Accurate photographs of two-dimensional visual artworks lack expressive content and are automatically in the public domain once the painting's copyright has expired (which it has in the US if it was published before 1923).
There is also the category of Creative Commons License. Here the photographer has given permission for use of their images for non-commercial use. What is considered "non-commercial" is debated. To be sure you are OK clarifying before using would be a good idea.
If you are searching Flickr just look on the side navigation with all the tag and group information, it’s listed in that area with a link to what kind of license it is.
The other category is called Fair Use which can allow for use of images without compensation. My interpretation and I am not a lawyer, but if you are a student and working on a project for a class you can use images. However, if that student publishes those say on the internet could be a violation of copyright. When teachers start using the material it becomes a problem once they publish and distribute the material. Showing a news clip for a class to discuss would most likely fall under Fair Use.
When in doubt get the photographer's permission.
The Phone Call
I have gotten numerous phone calls from colleagues on quoting on some of the strangest uses. My first place to look for starting is the software FotoQuote. It sells for $149.99 and most everyone I know that buys it usually recovers their money in the first few times they use it.
FotoQuote has over 300 stock photo pricing categories and a wealth of coach information.
Often clients are asking for a variety of uses and FotoQuote lets you even create "Quote Packs." This is where you might include all advertising uses and exclude editorial. Just remember there are over 300 categories alone in this software package of categories.
Besides what category you are also giving permission for how big the image will be used. For example is it the main part of an ad or just a spec? Will they use your photo for the cover or just a thumbnail head shot with an article?
How often they use the image makes a difference as well. If they are publishing only 300 brochures for a meeting verses a print run of 5 million should be priced differently.
How long they get to use the image is also another variable. Will they use the photo one time, one month, one year, multiple years or unlimited should impact your price.
The first few times I was quoting on large projects I could feel the sweat on my forehead and my heart racing. I was having a panic attack.
Guidelines for quoting
Here are my tips for quoting on a usage. We need to first start with your base. If this is an assignment the basic price should be about the same for similar assignment, the differences in price are for the use. So, an executive portrait for a print on the wall in the companies headquarters verses it being use on billboards and running on the cover of Forbes Magazine will change the price, due to usage.
- Always ask what their budget is for the project up front. Sometimes they will give you a better deal than you would have asked.
- Be prepared to negotiate. Your first quote will often be countered. Therefore it is better to quote a little higher and have room to drop your price.
- Whenever you change your price you should change the usage terms.
- To speed the process along, I recommend going to a client with three prices. Your rock bottom price, middle range price and the high end price. This makes them see you as already trying to work with their budget.
When quoting on an assignment separating the creative fee and usage fee is a good idea. In addition to the creative fee you might have expenses as well listed.
I would suggest trying your best to encourage the client pay for as much usage up front. To help encourage them it would be great to list usage fees for future purchases. I would probably state the time these prices will still be good as well.
For example you might allow them for an unlimited usage right now for $10,000. If they come back to you later that price should be much higher. By putting this in writing and up front with the client you are showing them you are being transparent and trying to work with them.
Magazines
One category in the FotoQuote database I find helpful is the going rates that are known for different publications. Many of the magazines listed will even let you know the rights and there going rates. Basically they set the price and you decide to except their terms or not. Sometimes you might be able to get a better rate if you have a specialty or the only one with access to the subject.
I think of using FotoQuote like a pilot does when they are flying in the clouds, they are using the instrument panel to help guide them.
Remember FotoQuote is a guide and not prices fixed by the industry. These give you some starting points to help you negotiate.
Just as important as FotoQuote are other photographers. This is why I joined American Society of Media Photographers [ASMP]. I can pick up the phone and ask other members their advice. Often some of them have more experience than I. I am not calling for prices as much as also how to communicate with clients. Often how you word something can make a huge difference.
