Posted by: Leslie Burns-Dell'Acqua
Category: Designers Working With
Bookmark on: del.icio.us

First off, let’s correct that misnomer: “buying” photography. One doesn’t buy photography-one buys the license, or rights, to reproduce an image. By federal law, the images created by the photographer are copyrighted by the photographer. He or she owns the images and sells to you, the client, specific usage rights to reproduce the images. Those rights are specified both on the estimate and the invoice you will receive.

Day Rate vs Actual Cost

When you ask for a “day rate” you will not be getting the actual cost for an assignment. What you will hear is the fee the photographer charges for performing a one-day shoot-showing up, taking the pictures, so to speak. It doesn’t include expenses and, more importantly, it does NOT include any usage fees - the fees charged to grant the rights to reproduce the images.

Even more important, good, ethical photographers won’t even quote you a day rate. Why? Because they don’t price their services that way. Photography isn’t a commodity nor is it labor. A photo that takes one hour isn’t worth less than one that takes 7 hours to create. Each image is different. Thus, a good photographer will be more than happy to provide you with a specific estimate for your project, taking into account your needs, the creativity involved, etc.

Save everyone some time - -don’t even bother asking for a day rate.

Usage

“What?” some people may ask, “If I pay for an assignment, I should own the images!” Well, while that certainly is possible, you’d be paying for much more than you actually need. Look at it this way, do you want to pay the same price for an image you’re going to use once in a corporate recruitment brochure with a print run of 2500 as you would if the image was going to be used in a national four-color print ad campaign that will reach millions of consumers? Joe’s Sprockets doesn’t need to pay Nike prices!

That’s usage. It saves you money. You buy what you need, but you’re not limited. Let’s say the image used for that recruitment brochure would be perfect for that same company’s website. You can re-license the image for that additional usage, and the fee will again be based on that specific usage.

“But,” a client will say, “I don’t want to be bothered with re-licensing for each additional usage.” In that case, plan ahead and be specific! You might think that “Unlimited Usage” is the easiest way to go (and, well, it is), but you probably don’t really need all that. Perhaps all the possible usage you will need is trade advertising print ads, corporate website, and recruitment brochure, and all that for only one year. That will save you money over Unlimited Usage (and tons over buying the copyright!).

So, when you want to “buy photography” gather this information ahead of time, and you will get an accurate estimate for your needs:

Project Description

(as detailed as possible, if you have a layout, providing that will definitely help).

  • Props/talent: provided by you, or does the photographer need to obtain them?
  • Usage: Advertising? Editorial? Corporate? In what media will the images be reproduced? Will the images appear locally, regionally or nationally? How long will you need to use the images? If you have media buy numbers handy, that will help the photographer be sure to give you the best price.
  • Can the photographer re-license the images (or out-takes) to others (in other words, do you want exclusivity)?

Bid vs. Estimate

An estimate is a noncompetitive pricing for a project. You may want to use Photographer X and want to know how much it will cost. A bid, on the other hand, means that you either have several photographers in mind or, more likely, are going to award the project based solely on price (as opposed to ability, style, talent, experience, etc.).

If you’re asking for a bid, please be up-front about it. While it won’t make a difference in the prices (a project costs what a project costs) for most, it will save time and aggravation. Tell the photographer who his/her competition is. See, there are always those who will do anything to get a job. This way the photographer can bow out before spending days putting together a complex set of numbers just to hear “but photographer X came in at 25% of that!”

BAP advocates the elimination of the bid from our business. Estimates are a far more fair tools by which to evaluate prices, quality, approach, and all the other intangibles that go into selecting the right photographer for any project.

When you really want to use a photographer, but you don’t have the budget Fees are always negotiable. While no one can “give it away” most can often work out something which benefits everyone involved. Even the most famous photographers have worked with small clients who have paid in trade, or product, or who have agreed to stock use immediately, or who have given the photographer a large credit line. It never hurts to ask!

Leslie Burns-Dell’Acqua | Creative/Marketing Consultant & Coach
Burns Auto Parts–Consultants | Burns Auto Parts blog | Podcast | Book

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Comments to this post:

Comment: Bruce DeBoer says

Leslie Burns gave an exceptional brief on how photography is licensed. However, I’d still like to add my $.02 based on experience from the “dark side” as an Advertising Account Exec.

Price matters to clients’ and their budgets so at times there is a need to shop (yuck). As much as I’d like to think I’m “the one” photographer prospects long to work with, I’m not that deep into the fog of ego. Others can do a great job; there is a lot of talent out there. So am I advocating getting 3 photographers to bid to find the best value? No, not really. Leslie is right, bid scenarios suck; they promote bad collaborative relationships when good ones are vital.

What I do suggest – if you can’t settle on a photographer early on - is that you talk with a few photographers you like for the project, give them a price range (even the clueless clients know their limits) and listen to what they suggest as a solution. Be honest; tell them you are undecided and talking to several. How do they “frame” the job, how flexible are they, and what level of passion do you feel from the discussion. You’ll know when it sounds right. Remember, everything is a trade off – listen for the ones with which you are most comfortable.

Bids vs Estimates. Leslie’s description is spot on. The only thing I would add is that you probably will get a different price on a bid rather than an estimate. When I know I’m in a bidding war, I rarely “sharpen my pencil”. Why bother? Anyone can underbid me and most probably will. Hell … you can probably find some young less experienced photographer to do your job for free if you make false promises about massive quantities of paying work in the next year. The bottom line is that I’ll put much more effort into an estimate than a bid. I feel your trust when you say, “Bruce, we love your work – what will it take to get you to do this job within our budget?”

Further more, my experience tells me that a bid is just as much about getting a “read” on how the photographer will approach the job as it is about price. If my bidding estimate includes all possible contingencies needed for a professional “sure thing”, I will never look bad regardless of where my bid falls. Hopefully, it won’t be outrageously high or low, but if it is, it will at least tell prospects that I am a high level professional regardless. If I do it right, I will at least get the call: “I like your approach and your work. However, I have only have $XXXX, how can we scale this thing and still get a good result”?

Leslie is also correct: Think about copyrights as your friend. It’s because of the US copyright law that we have such great talent from which to choose for our projects. Commercial photography offers a great lifestyle but is also an expensive precariously risky business if your doing it right – we need to protect those brave artists who take the chance that they can make a good living on their creative skill.

One of the better examples I was given early in my career was that of a lawyer hired for a legal brief. Do you own the words, the thoughts or their research? No – you are given the right to use it. The same goes for artists. If you need the photo for 10 years to help establish your global brand you should pay more than if you own a 50, 000 circulation publication and plan to use the photo to illustrate an article in the June issue. It’s fair even if it doesn’t always feel that way to the buyer.

This is long winded – I know – sorry but I hope somehow it helps give another perspective.

6th June 2007 Quote

Comment: cat says

Apologies, but I was off-station when your comment came in. Thank you for taking the time to share your advice Bill!

22nd June 2007 Quote

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