1) is there a standard selling fee?
2) If I sell do I use all future rights on the image
3) Is it best to sell a jpg or develop a print to the size required by the customer.
4) are there any other pitfalls I need to be aware of.
I ask the questions as I have been asked to sell one of my "shots" Wow!! First sale...
1) Selling prices run the gamut and are typically based upon the cost of making the print and preparing it for sale. By "preparing" I am referring to whether or not the print is matted, framed, or both. Be sure to include shipping and handling in the price you give to your client.
2} Not necessarily. If you intend to sell more than one copy of the print, you retain all rights to it. Basically, when you sell a print you are granting the client the right to display the print. Normally, if one sells all rights to the print, the price is much higher because it can never be printed again, or sold again, because you no longer own it.
3} It is best to make your print at the size the client wants. If they specifically ask for a 'proof' you could print a small jpeg and send that to them. After they approve it, then make the final print.
4) Be sure to sign your print. Be sure the client knows what their rights are as to use of the print. Be sure to agree up-friont on how you want to be paid. If you are shipping the print, ensure that it is carefully packed and ensured. UPS or FedEx are best for shipping such items, and you will have a tracking number.
1. There is no such thing as a standard "selling fee". Price depends entirely on you. Some give their work away just for a credit line (not recommended, IMO) while others who do this for a living charge what they are worth. Fees generally vary with the size of the print run, the size of the image on the printed page, the type of use (editorial vs. commercial), exclusivity required, etc. etc. Fotoquote is a good resource.
2. I'm assuming you're asking if you "lose" future rights to the image. You can sell all rights to an image in which case you do give up the right to use that image in the future but you had better get appropriate compensation.....my last (and only) all rights sale was for $25,000.
The rights asked for by the buyer should be one of the first questions you ask. Unless you are specifically selling all rights to an image you retain those rights however there may be some restrictions placed on how you can sell that same image in the near future with certain "exclusive rights" sales.
3. Depends on what the customer wants.
4. If you are entering into this as a business I highly recommend that you educate yourself as to what is required before doing so. Putting on a professional appearance is very important if you want to be competitive and avoid being taken advantage of. A good place to start is right here by asking the right questions. I also recommend John Shaw's "Business of Nature Photography...somewhat dated but still very useful.
Regarding No 4, I am a budding amatuer, who is starting to become passionate about photography, I am thrilled someone wants to pay their hard earned cash for one of my images, but I will be sticking to my day job.
It's great someone recognizes your talent. Big congrats on that. Check out the Web sites of some of the pro photographers here on NPN and you'll get a range of prices for prints.
Just because you're keeping your day job doesn't mean you should sell for cheap and undervalue your work. I'm not assuming you will, just putting in a plug for charging what something is worth. And the day jobs' incomes have helped launch many a photographer's career.
Again, congrats, and best wishes for continued success!
First off, don't call it "selling". The proper term is "licensing". You own the copyright to every image you capture. As the copyright owner, you license to other parties the right to use (copy) your images in very specific ways for very specific periods of time, hence the term "copyright". This is a very important distinction that goes into my answers to your questions below.
1) Is there a standard licensing fee?
License fees should be based on how the client wishes to use your work. The more broad the distribution, the higher the license fees. More broad can be due to higher circulation vs. lower for magazines, or could be multiple intended mediums of publication vs a single. For example, those magazines with 500,000 plus circulation should pay more than a magazine with 50,000 circulation. A client who wants print, broadcast, and electronic web rights should pay more than a client who only needs a single postcard mailer use.
Another factor in license fee is how large the image will appear and where it will appear in printed publications. Front cover gets the most, then back cover, then inside cover, then inside pages. Inside pages can be "double truck" (two-page across the fold), full page, 1/2 page, 1/3 page, 1/4 page. The larger the image appears, the higher the license fee. There are other factors that go into it too like uniqueness of the image and how badly the client wants that specific image. This is an overview. I recommend to anyone Richard Weisgrau's book "Licensing Photography".
The purpose of the image also factors into the license fee. An image used to illustrate an editorial story will justify a lower license fee than an image used to market a product or appear on product packaging where the client will earn money. A photograph used on the cover of a CD or DVD package is considered advertising because that cover will be plastered everywhere the CD or DVD is sold. A photograph appearing on the inside CD of DVD jacket will demand less than the one on the cover of the same product. And be careful to demand advertising license fees for photographs appearing in "advertorial" applications. Clients will try to disguise this with all kinds of other terms, but it is nothing less than advertising pure and simple.
2) If I sell do I use all future rights on the image
In order to get the most return on investment for your images, only ever license the rights needed by the client. You have to ask them about what specific ways they intend to use it. The answer "I don't know" is never true. If they didn't have at least one use in mind, they would not have looked for and found your image. Based on how they intend to use the image, you will have follow-on questions that narrow down to more and more specifics.
For example, if they say postcard mailers, you ask how many and what size postcard. If they say for the web, you ask whether it will be editorial content illustrating a story or a banner advertising a product or service. If it is a banner, you ask where the banner will appear and what size. If for illustration of an editorial story, you ask how large and on what website(s) it will appear, and whether it will be on the front page or on a secondary page further inside the website.
Always get your license agreements in writing and signed by you and the client. Be very specific in your licensing terms. Again, Richard Weisgrau's book goes into this in great detail. Restricting rights can be pretty easy to accomplish by showing clients that more rights cost higher license fees. Licensing "all rights" should be so cost prohibitive that only certain clients who need that level of exclusivity will justify the cost to themselves. By "cost prohibitive", I mean 5 digits or more.
3) Is it best to sell a jpg or develop a print to the size required by the customer.
The format in which the image is delivered to the client should be determined by the client based on their needs. They will tell you whether they need a print or an electronic file. In no case should you ever relinquish your raw file to a client. That is like giving them the original negative or slide. Some clients will request the raw files, but often times they mean the full-size JPG file from which they can do their own cropping based on their specific application of the image(s). If the client asks for it, best to dig a little deeper with them to make sure you are both on the same page.
4) Are there any other pitfalls I need to be aware of.
There are lots of pitfalls to be aware of. Too many to document here. Always try to start with your own license agreement instead of one sent by the client. It is easier to modify terms of your own license agreement to meet their needs than to modify theirs to meet your needs. Publications these days are especially notorious for "rights grabbing" language, and things like indemnity clauses that make you responsible for their legal bills if they misuse your image in a way that results in a legal battle between them and someone else. Tad Crawford's book "Business and Legal Forms for Photographers" has an excellent book of legal forms for photographers that cover a wide gamut of engagements from stock licensing to the assignment to hiring assistants, etc, etc, etc.
Make sure all license agreements use the term "license", not "sell". Make sure they include the clause "the photographer retains all rights and ownership in the images". Make sure they say "Conditional upon full receipt of license fee, photographer grants to the client the following rights". Make sure you state "no transfer of license", "no sublicensing", "no assignment of license" in your agreement. All of these are discussed in Richard Weisgrau's book "Licensing Photography".
I also recommend John Harrington's book "Best Business Practices for Photographers". While John is primarily an editorial, corporate and commercial photographer, his book applies to anyone who is wanting to make money from their photographs. It is the best book on the business of photography that I have ever read.
Also purchase a copy of "fotoQuote from Cradoc Foto Software". Not only does that have a massive database of historical license fees for specific applications, it includes a lot of helpful coaching information about various markets including how they work, what clients expect, pitfalls and lots of other useful information.
Another good resource for finding outlets to market your images is Donna Poehner's book "Photographer's Market". It is published annually in the fall and lists thousands of publications, what subjects they need, who to contact, how many freelance images they use, what format they prefer for submission, how they prefer you to initially contact them, how large of a circulation they have, roughly how much they pay for a license, etc.
The last, and perhaps most important, piece of advice is to register all of your photographs with the US Copyright Office via their online copyright registration system. This is especially important if you are a US resident. Images that are registered prior to copyright infringement offer greater remedy to the copyright owner than images that were not registered. They are not any more protected, they just offer more reward to the copyright owner. For proof, see Carolyn Wright's blog post on a $12M verdict handed down last month. Carolyn is an attorney and a successful photographer. She speaks often at organization seminars about copyright and photography, and has her own book "Photographer's Legal Guide".
There is a lot to learn about licensing photography. It can be very overwhelming at first. It takes considerable time to learn. Don't be discouraged. Be patient. Ask questions. Seek advice from others. Read as much as you can. It gets more clear over time as you learn to piece it all together.
Walter,
Thanks for the indepth answer, will keep your post for future reference if thats ok?
Dave
Posted by Brent Murphy on July 19, 2008 at 12:00 AM
One thing maybe everyone else understood from your question, but I dont:
Are you asking about selling a print, or licensing an image for use in a publication? This will change the answers to your questions.
Walter's answer above is great, if you're talking about licensing an image for someone else to use in their publication, marketing, etc.
If you want to know about selling a print so someone can hang it on their wall, then you really are "selling" a physical object, not licensing it. In that case, you are not really bound by licensing rules, and you are really selling an object for what you think it's worth. Ed has the best advice: just look at other photographer's web sites to see their price lists. That should give you a good idea. Think about what it costs to make the print, plus any mounting, framing, shipping, etc costs, and some profit for yourself. Someplace I remember reading that a good starting point is to figure out what it costs you, then double it. But it's really up to you.
Discussion
11 repliesIf I sell an image/photo:
1) is there a standard selling fee?
2) If I sell do I use all future rights on the image
3) Is it best to sell a jpg or develop a print to the size required by the customer.
4) are there any other pitfalls I need to be aware of.
I ask the questions as I have been asked to sell one of my "shots" Wow!! First sale...
Dave
1) Selling prices run the gamut and are typically based upon the cost of making the print and preparing it for sale. By "preparing" I am referring to whether or not the print is matted, framed, or both. Be sure to include shipping and handling in the price you give to your client.
2} Not necessarily. If you intend to sell more than one copy of the print, you retain all rights to it. Basically, when you sell a print you are granting the client the right to display the print. Normally, if one sells all rights to the print, the price is much higher because it can never be printed again, or sold again, because you no longer own it.
3} It is best to make your print at the size the client wants. If they specifically ask for a 'proof' you could print a small jpeg and send that to them. After they approve it, then make the final print.
4) Be sure to sign your print. Be sure the client knows what their rights are as to use of the print. Be sure to agree up-friont on how you want to be paid. If you are shipping the print, ensure that it is carefully packed and ensured. UPS or FedEx are best for shipping such items, and you will have a tracking number.
Best of luck to you!
-PB
2. I'm assuming you're asking if you "lose" future rights to the image. You can sell all rights to an image in which case you do give up the right to use that image in the future but you had better get appropriate compensation.....my last (and only) all rights sale was for $25,000.
The rights asked for by the buyer should be one of the first questions you ask. Unless you are specifically selling all rights to an image you retain those rights however there may be some restrictions placed on how you can sell that same image in the near future with certain "exclusive rights" sales.
3. Depends on what the customer wants.
4. If you are entering into this as a business I highly recommend that you educate yourself as to what is required before doing so. Putting on a professional appearance is very important if you want to be competitive and avoid being taken advantage of. A good place to start is right here by asking the right questions. I also recommend John Shaw's "Business of Nature Photography...somewhat dated but still very useful.
Good luck and congrats on the sale.
Regarding No 4, I am a budding amatuer, who is starting to become passionate about photography, I am thrilled someone wants to pay their hard earned cash for one of my images, but I will be sticking to my day job.
Dave
It's great someone recognizes your talent. Big congrats on that. Check out the Web sites of some of the pro photographers here on NPN and you'll get a range of prices for prints.
Just because you're keeping your day job doesn't mean you should sell for cheap and undervalue your work. I'm not assuming you will, just putting in a plug for charging what something is worth. And the day jobs' incomes have helped launch many a photographer's career.
Again, congrats, and best wishes for continued success!
1) Is there a standard licensing fee?
License fees should be based on how the client wishes to use your work. The more broad the distribution, the higher the license fees. More broad can be due to higher circulation vs. lower for magazines, or could be multiple intended mediums of publication vs a single. For example, those magazines with 500,000 plus circulation should pay more than a magazine with 50,000 circulation. A client who wants print, broadcast, and electronic web rights should pay more than a client who only needs a single postcard mailer use.
Another factor in license fee is how large the image will appear and where it will appear in printed publications. Front cover gets the most, then back cover, then inside cover, then inside pages. Inside pages can be "double truck" (two-page across the fold), full page, 1/2 page, 1/3 page, 1/4 page. The larger the image appears, the higher the license fee. There are other factors that go into it too like uniqueness of the image and how badly the client wants that specific image. This is an overview. I recommend to anyone Richard Weisgrau's book "Licensing Photography".
The purpose of the image also factors into the license fee. An image used to illustrate an editorial story will justify a lower license fee than an image used to market a product or appear on product packaging where the client will earn money. A photograph used on the cover of a CD or DVD package is considered advertising because that cover will be plastered everywhere the CD or DVD is sold. A photograph appearing on the inside CD of DVD jacket will demand less than the one on the cover of the same product. And be careful to demand advertising license fees for photographs appearing in "advertorial" applications. Clients will try to disguise this with all kinds of other terms, but it is nothing less than advertising pure and simple.
2) If I sell do I use all future rights on the image
In order to get the most return on investment for your images, only ever license the rights needed by the client. You have to ask them about what specific ways they intend to use it. The answer "I don't know" is never true. If they didn't have at least one use in mind, they would not have looked for and found your image. Based on how they intend to use the image, you will have follow-on questions that narrow down to more and more specifics.
For example, if they say postcard mailers, you ask how many and what size postcard. If they say for the web, you ask whether it will be editorial content illustrating a story or a banner advertising a product or service. If it is a banner, you ask where the banner will appear and what size. If for illustration of an editorial story, you ask how large and on what website(s) it will appear, and whether it will be on the front page or on a secondary page further inside the website.
Always get your license agreements in writing and signed by you and the client. Be very specific in your licensing terms. Again, Richard Weisgrau's book goes into this in great detail. Restricting rights can be pretty easy to accomplish by showing clients that more rights cost higher license fees. Licensing "all rights" should be so cost prohibitive that only certain clients who need that level of exclusivity will justify the cost to themselves. By "cost prohibitive", I mean 5 digits or more.
3) Is it best to sell a jpg or develop a print to the size required by the customer.
The format in which the image is delivered to the client should be determined by the client based on their needs. They will tell you whether they need a print or an electronic file. In no case should you ever relinquish your raw file to a client. That is like giving them the original negative or slide. Some clients will request the raw files, but often times they mean the full-size JPG file from which they can do their own cropping based on their specific application of the image(s). If the client asks for it, best to dig a little deeper with them to make sure you are both on the same page.
4) Are there any other pitfalls I need to be aware of.
There are lots of pitfalls to be aware of. Too many to document here. Always try to start with your own license agreement instead of one sent by the client. It is easier to modify terms of your own license agreement to meet their needs than to modify theirs to meet your needs. Publications these days are especially notorious for "rights grabbing" language, and things like indemnity clauses that make you responsible for their legal bills if they misuse your image in a way that results in a legal battle between them and someone else. Tad Crawford's book "Business and Legal Forms for Photographers" has an excellent book of legal forms for photographers that cover a wide gamut of engagements from stock licensing to the assignment to hiring assistants, etc, etc, etc.
Make sure all license agreements use the term "license", not "sell". Make sure they include the clause "the photographer retains all rights and ownership in the images". Make sure they say "Conditional upon full receipt of license fee, photographer grants to the client the following rights". Make sure you state "no transfer of license", "no sublicensing", "no assignment of license" in your agreement. All of these are discussed in Richard Weisgrau's book "Licensing Photography".
I also recommend John Harrington's book "Best Business Practices for Photographers". While John is primarily an editorial, corporate and commercial photographer, his book applies to anyone who is wanting to make money from their photographs. It is the best book on the business of photography that I have ever read.
Also purchase a copy of "fotoQuote from Cradoc Foto Software". Not only does that have a massive database of historical license fees for specific applications, it includes a lot of helpful coaching information about various markets including how they work, what clients expect, pitfalls and lots of other useful information.
Another good resource for finding outlets to market your images is Donna Poehner's book "Photographer's Market". It is published annually in the fall and lists thousands of publications, what subjects they need, who to contact, how many freelance images they use, what format they prefer for submission, how they prefer you to initially contact them, how large of a circulation they have, roughly how much they pay for a license, etc.
The last, and perhaps most important, piece of advice is to register all of your photographs with the US Copyright Office via their online copyright registration system. This is especially important if you are a US resident. Images that are registered prior to copyright infringement offer greater remedy to the copyright owner than images that were not registered. They are not any more protected, they just offer more reward to the copyright owner. For proof, see Carolyn Wright's blog post on a $12M verdict handed down last month. Carolyn is an attorney and a successful photographer. She speaks often at organization seminars about copyright and photography, and has her own book "Photographer's Legal Guide".
There is a lot to learn about licensing photography. It can be very overwhelming at first. It takes considerable time to learn. Don't be discouraged. Be patient. Ask questions. Seek advice from others. Read as much as you can. It gets more clear over time as you learn to piece it all together.
Thanks for the indepth answer, will keep your post for future reference if thats ok?
Dave
Are you asking about selling a print, or licensing an image for use in a publication? This will change the answers to your questions.
Walter's answer above is great, if you're talking about licensing an image for someone else to use in their publication, marketing, etc.
If you want to know about selling a print so someone can hang it on their wall, then you really are "selling" a physical object, not licensing it. In that case, you are not really bound by licensing rules, and you are really selling an object for what you think it's worth. Ed has the best advice: just look at other photographer's web sites to see their price lists. That should give you a good idea. Think about what it costs to make the print, plus any mounting, framing, shipping, etc costs, and some profit for yourself. Someplace I remember reading that a good starting point is to figure out what it costs you, then double it. But it's really up to you.
Good luck!
Whilst the above reference's are godd just remember that they are American hence not always applicaible to a UK market or legal system.
That said I found John Harringtons book worth the read and have a copy of Photographers Market of which there is also a UK version.
T