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11/08/2007 07:03:39 PM · #1 |
Hey, I'm fairly new to this site, but I'm hoping I can get some advice on this one. Last Christmas I took some photos of a local ballet studio's production of the Nutcracker. It was mainly a favor to a friend who designed the lighting. But parents and the studio became excited when they started seeing the first few examples. I was told they were worlds better than what their "professional" photographer was producing of live shows (gotta love 2.8 glass). And just today the studio contacted me about using the photos for promoting this year's production. So here's where the questions start.
I've sold work before, but never for something this big. So I'd like to get this right. I have retained the copyrights, so what I should be selling is a limited commercial license, right? Give them rights to print from now until closing night. Also, I think I know what elements to ask about, but correct me if I'm wrong. I should know about how they'll be printed, how big/prominent they will be, and the circulation. I don't have any of this info quite yet. I just want some advice before I take the next step.
Also, do you have any advice as far as the actual contract. I've had some very basic law in my degree so far, so I know the generic elements to a contract. But what are specific things to watch for if I'm selling printing rights?
Finally, any suggestions on price? I'd post examples of the photos, but the studio specifically requested that they not be posted publicly online.
Thank you so much for any advice you have on any of this stuff. |
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11/08/2007 08:13:26 PM · #2 |
Why can't you post the photos? You said you own the copyright... Point being, if they are limiting what you can do with the photos they you need compensated for that. Generally for your own promotional displays you don't need a release, but for print ads, postcards you do. Not sure where the web really falls in there. For editorial use you don't need one, and I would think posting one here would be in that category. For print competitions it's best to have a release - in case you win.
If they want to use the images for prmoting the show or studio, press releases, posters, programs, that's one thing. If they want to sell the images (calendar, t-shirts, etc) then that's another.
As to what the 'value' is of this I have no idea. My suggestion is to charge market value...but what is that? Often it's a creative fee (hourly perhaps...$75-400/hr depending on your status and market) and then a per-image fee based on usage (type, distribution, length).
I've done something like this once and it was for a non-profit. I asked for credit where ever the images were used...I didn't get it. They also had their graphic artist workover the images for their program and made large (16x20) display prints as well (again, my name was nowhere to be seen). Just remember that once they get the images you really have no control over what they do with them. You can always sue, but the cost is rarely worth it.
So my suggestion is to sell them the images pretty much rights free for promotion, but not for sale (calendars, to parents, etc), for as long as they want. So what value do you place on the images? Sorry, I can't help you there.
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11/08/2007 10:53:43 PM · #3 |
| Thank you. That does help solidify some issues for me. And the specific reason they requested I not post images was because most of their students and kids. They just didn't want photos of the kids floating around. And I'm fine with respecting that request. I still use it for my portfolio anyway. Any more advice anyone?..... |
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