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07/14/2009 10:37:32 PM · #1 |
I've been approached by a state-produced magazine to cover an event as a freelancer. In the email from the art director, it was stated that I would be responsible for any necessary model releases.
I'm a bit confused on this point, and was hoping for some input from you folks before I embarrass myself :-) As I understand it, photos of this event would be editorial in nature, and reproducing them in a magazine shouldn't require a model release. Is this actually correct?
The second part to this is, the client wants non-exclusive rights to publication, both for the magazine and any other state product that is published. Would I be right in thinking that this is where a model release would really come into play? That if the state wanted to use an image in another publication, say a promotional one, then we'd need a release?
If that is the case, then I pose this question to anyone who has experience with this sort of gig: how do you go about getting releases? Do you simply get one for any photo you take that looks like it might be useful in the future?
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07/14/2009 10:57:30 PM · #2 |
what a mess...
first, as far as editorial use goes, you don't need a release. it is also standard for publications that are part of a 'family' of publications to include in the contracts language for using images in sister publications. it all depends on the agreement.
as to usage in a 'product' or promotional materials, that does require a release, and that's really hard for a photographer to do, unless your shooting requirements are really well spelled out.
there are a handful of scenarios. 1) even though you are shooting an event, they only really need a handful of shots. while you are getting those shots, you also get model releases. 2) the event has tickets or signage that says that attendance at the event also gives the sponsors the right to take and use photos of the attendees (this may also be publicized on the event website). 3) you have to shoot like crazy and still try to get caption and model release information.
even if you have to get the releases signed, the entity hiring you should provide you with releases specific to their needs. or, you could use your own release for your own purposes (which isn't a bad idea, as long as it's ok with whomever is hiring you).
the main thing is, if you are going to have to get the releases, you will have to be judicious about what you shoot.
good luck! |
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07/14/2009 11:08:31 PM · #3 |
Thanks Skip!
A mess - that's rather what I feared. The more I've looked into this and thought about it, the more it all seems to pile up. I tend to think that scenario #1 is the most likely. There'll be writers there from the magazine, and I need to try to capture the parts that they are reporting on. So I image that they'll only need enough shots to go with the story, instead of hundreds. Although I'm afraid that scenario #3 could come into play as well.
When I respond to the art director, I'll ask if they're providing the releases, or if I'm to do that - I rather hope they are, since then I don't have to worry about trying to write them in legal-ese.
My other problem is that all this extra stuff is throwing off my sense of pricing. This is likely to be a full-day shoot (8 hours), plus a two hour drive each way (they reimburse for mileage). The length, combined with the potential hassle of releases, combined with their desire for what amounts to essentially unlimited use of my images within state publications - I'm not sure what to charge anymore, but I'm pretty sure that my original thoughts on the matter were too low.
Is asking for $1100 + expenses about right?
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07/14/2009 11:17:19 PM · #4 |
Sounds like Skip has the details right. You didn't mention, does the magazie have a large/medium/small circulation generally speaking? That will dictate the cost. Budget reqs will differ greatly between local sailing mag and Cosmopolitan. I would list potential "expenses" and be specific. Smaller corps hate vague terms. List things like batteries, gas, etc.
Otherwise, sounds like a full shoot followed by several hours of hassle. Add up all of the time you think will be spent, include processing, file archiving, mail services, ect... and multiply that by what your desired price per hour would be if you were working another job. That is where I would begin my invoice.
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07/18/2009 08:55:53 AM · #5 |
Thank you both for your advice - it was most helpful! I got a bit of clarification from the magazine regarding the releases, and by bid for the job was accepted, so I'll be shooting the event in August! And I'm bringing along an assistant to help with the releases, etc, so it shouldn't be too much of a problem.
:-D
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07/18/2009 09:26:57 AM · #6 |
Originally posted by OdysseyF22:
my bid for the job was accepted |
It was probably too cheap!......8>)
Let us know how it goes!
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