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Granting exclusive rights to a photograph


BillyGoatGruff e2
7 191 199 England
13 Jul 2011 2:34PM
Hi Folks.

I'm hoping that, after a quality control check on a high-res original, my prospective client will want my image.
If so, they have told me they will want the exclusive rights to it. I'll still be credited with being the author and they will offer a comission on all future sales of it.
Does anyone have any experience of doing this?
If so what sort of recompense should I be asking for?
I'm not convinced I want to just give them rights without some sort of payment.

All thoughts welcome!
(Got a meeting to go to in a wee while, so will hopefully pick this thread up later)

Thanks for any input. Smile

Bill

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Carabosse e2
11 39.5k 269 England
13 Jul 2011 3:16PM
You should most definitely ask for money for the exclusive rights.

How much? Well that's a 'length of a piece of string' type of question. You could estimate what your future earnings might be from the photo - earnings you would be giving up - less whatever commission they are giving you. There may be not much in it.

Ultimately it comes down to what sort of figure you and the client are both comfortable with. There are just too many factors to be factored in, for precision.

Perhaps get them to make you an offer and take it from there? Smile
BillyGoatGruff e2
7 191 199 England
13 Jul 2011 3:44PM
Thanks CB.

Our legal people here at work were of the same opinion; i.e that money should be involved including the comission on future sales by them.

My own feelings are that as they are a pretty major outfit, they'll likely have some sort of structured procol for this kind of situation. They already have several BIG names on their books.
What I don't want to do is shoot myself in the foot! Wink
sut68 e2
11 2.0k 76 England
13 Jul 2011 3:59PM

Quote:What I don't want to do is shoot myself in the foot!

If you do, might I suggest a shutter speed of about 1/125th second to get some motion into the shot Wink Tongue
BillyGoatGruff e2
7 191 199 England
13 Jul 2011 4:08PM
Good suggestion, Paul Grin
ade_mcfade e2
10 14.8k 216 England
13 Jul 2011 4:12PM
get referrals and stuff like that - a signed testimonial too, costs them nothing, could be worth a lot to you.

god knows about the cash - exclusive is pretty terminal for that shot isn't it, god knows what to suggest really - maybe test them with a really big number first... gauge their reaction, they may spit their coffee out and laugh at you, or may nod and say "fair enough". Then again, commission on future sales may be the thing to negotiate on, if you get a good chunk of that and they sell loads, then may be a nice little earner.

what are they using it for by the way ?

what is the shot of?
Never ever rely on "jam tomorrow". Cash upfront is what counts Smile
ade_mcfade e2
10 14.8k 216 England
13 Jul 2011 4:42PM
.... aye, so get a big fat payment for the rights, then a big fat commission rate too Wink

happy days
BillyGoatGruff e2
7 191 199 England
13 Jul 2011 5:03PM
Cheers guys!
Don't quite want spill all the beans just yet as the image is still with quality control.
BillyGoatGruff e2
7 191 199 England
13 Jul 2011 5:21PM
Commission rate is 35% and looks like a standard. Not sure how negotiable this is.

How big and fat is "big and fat" ???? I haven't got a clue, but this may also fall into a standard rate offer.

No idea how to measure any of this! Duh....Wink
GlennH 9 1.9k 1 France
13 Jul 2011 5:39PM
Exclusive rights would ordinarily still have a time scale attached. Otherwise you're handing over copyright.
BillyGoatGruff e2
7 191 199 England
13 Jul 2011 6:08PM
A timescale! Well golly - that had never occured to me!
Have to bear that in mind if it gets through QC.

Thanks Glenn
Carabosse e2
11 39.5k 269 England
13 Jul 2011 6:09PM
What do you think the photo will be used for?

If it is the type of thing which will only appear in a low circulation in-house mag, that is one thing. If it is going to be on billboards nationwide, that is a different scale of things altogether... both in size and money!

I would explore how interested they are in buying it over completely without a time limit and without commission. Then you can get a nice lump of money upfront. Who knows, the image may bomb and the promised commission turns out to be 35% of little or nothing.
BillyGoatGruff e2
7 191 199 England
13 Jul 2011 6:42PM
Good point, CB.

I'm not sure what use it will be put, but it will be likely to be put to multi-use, multi size.
Britman 8 1.7k England
15 Jul 2011 5:15PM
Haven't really got anything to add, just want to sub to the thread. Good luck and keep us all posted.

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