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BillyGoatGruff
BillyGoatGruff e2 Member 7191 forum postsBillyGoatGruff vcard England199 Constructive Critique Points
13 Jul 2011 - 2:34 PM

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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13 Jul 2011 - 2:34 PM

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Carabosse
Carabosse e2 Member 1139497 forum postsCarabosse vcard England269 Constructive Critique Points
13 Jul 2011 - 3:16 PM

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
BillyGoatGruff e2 Member 7191 forum postsBillyGoatGruff vcard England199 Constructive Critique Points
13 Jul 2011 - 3:44 PM

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
sut68 e2 Member 111997 forum postssut68 vcard England76 Constructive Critique Points
13 Jul 2011 - 3:59 PM


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
BillyGoatGruff e2 Member 7191 forum postsBillyGoatGruff vcard England199 Constructive Critique Points
13 Jul 2011 - 4:08 PM

Good suggestion, Paul Grin

ade_mcfade
ade_mcfade e2 Member 1014838 forum postsade_mcfade vcard England216 Constructive Critique Points
13 Jul 2011 - 4:12 PM

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?

BarrieNeilPhotography

Never ever rely on "jam tomorrow". Cash upfront is what counts Smile

ade_mcfade
ade_mcfade e2 Member 1014838 forum postsade_mcfade vcard England216 Constructive Critique Points
13 Jul 2011 - 4:42 PM

.... aye, so get a big fat payment for the rights, then a big fat commission rate too Wink

happy days

BillyGoatGruff
BillyGoatGruff e2 Member 7191 forum postsBillyGoatGruff vcard England199 Constructive Critique Points
13 Jul 2011 - 5:03 PM

Cheers guys!
Don't quite want spill all the beans just yet as the image is still with quality control.

BillyGoatGruff
BillyGoatGruff e2 Member 7191 forum postsBillyGoatGruff vcard England199 Constructive Critique Points
13 Jul 2011 - 5:21 PM

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
GlennH  91918 forum posts France1 Constructive Critique Points
13 Jul 2011 - 5:39 PM

Exclusive rights would ordinarily still have a time scale attached. Otherwise you're handing over copyright.

BillyGoatGruff
BillyGoatGruff e2 Member 7191 forum postsBillyGoatGruff vcard England199 Constructive Critique Points
13 Jul 2011 - 6:08 PM

A timescale! Well golly - that had never occured to me!
Have to bear that in mind if it gets through QC.

Thanks Glenn

Carabosse
Carabosse e2 Member 1139497 forum postsCarabosse vcard England269 Constructive Critique Points
13 Jul 2011 - 6:09 PM

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
BillyGoatGruff e2 Member 7191 forum postsBillyGoatGruff vcard England199 Constructive Critique Points
13 Jul 2011 - 6:42 PM

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
Britman  81669 forum posts England
15 Jul 2011 - 5:15 PM

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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