2. WONDERFUL MACHINE
▹ Wonderful Machine provides creatives with the most comprehensive source of high
quality photographers, all over the world.
▹ Invitation Only
▹ 600+ Photographers
▹ 50 US Cities, 50 Countries
▹ 25 Specialties
▹ Aggressive Promotion
▹ Emailers, Print Mailers
▹ Portfolio Events, Industry Ads
▹ Consulting Services
3. Pricing and
Copyright
Negotiating
Licensing
Basic Uses/Terminology
Gathering Information
Determining Fees
Building an Estimate
4. COPYRIGHT
▹ “The exclusive legal right to reproduce, publish, sell, or distribute the
matter and form of something (as a literary, musical, or artistic work)”1
▹ An image is copyrighted as soon as it is affixed to a media
▹ You license the use of your images to others
▹ Fees are determined by the value your images bring to a client
▹ Registration
▹ Transfer of copyright
▹ Work made for hire agreements
1”copyright” Merriam-Webster.com. 2012. http://www.merriam-webster.com (16 March 2012)
5. LICENSING
▹ Licensing fees are determined based on a number of factors including,
but not limited to:
▹ Type of Use
▹ Prominence
▹ Geography
▹ Duration
▹ Exclusivity
6. BASIC CATEGORIES OF USE
▹ Publicity – Client Submitted (Press Release, Editorial Request)
▹ Collateral – Client Produced (Website, Brochure, Annual Report)
▹ Advertising – Paid Placement (Print Ad, Web Banner, Billboard)
▹ Avoid the terms “buyout” or “unlimited” or “digital”
7. GATHERING INFORMATION
▹ What is the concept?
▹ Do you have a shot list?
▹ Who is the client?
▹ What is the goal of the campaign/project?
▹ What is the intended use (in what ways can I limit the licensing)?
▹ Who else is being asked to submit an estimate? Am I the favored photographer?
▹ Has the agency/client worked with any of the photographers being considered?
▹ Have you shot this campaign/project previously?
▹ Do you have a budget?
8. Editorial Collateral Advertising
Advertising
Publicity
Type of Publications: Newspaper, Consumer Publicity What type of media? Newspaper, Magazine, Point of
Magazine, Trade Magazine, Book, Other (for Corp. Type of publication: Media Kits, Other Report,
Types of use: Brochure, Annual Purchase, of media: Billboard, Bus Shelter, Direct Mail,
Types Catalog, Newspaper, Magazine, Point of
Types of use: Media Kits, Other
Mag, See Collateral) Corporate Magazine, CD-Rom, Other. Purchase, Catalog,Freestanding Insert, Other Mail,
Packaging, Billboard, Bus Shelter, Direct
What is the title of the publication? Packaging, Freestanding Insert, Other
Anticipated Space
Front cover, back cover, inside, or both? Size of Photo(s):
prominence How many photos do you plan to use, and
N/A
Will our photos appear with others? Size of Photo(s):
Are there other photos in the ad or just ours?
prominence what sizes? Cover? Inside? What about web N/A
Are there other photos in the ad or just ours?
use, foreign language use, syndication use?
Do you want these included or a la carte? What is the life expectancy of this piece?
duration One Year? Other? Do you want one time use of photos? One Year? Other?
Other?
duration One Time Use? Other? One Year? Other? One Year? Other?
Will the publication be distributed:
Local? Regional? National?
Local? Regional? National?
Locally? Regionally? Nationally? Local? Regional? National?
geography International? ForeignNational?
Local? Regional? Edition Use? Local? Regional? National?
geography Foreign Language Use? Other?
International? Other?
International? Other?
Internationally? Are there separate foreign International? Other?
International? Other?
editions? Separate language editions?
Other?
What is the circulation of the publication? Number of insertions? Names of publications?
volume What is the advertising page rate?
Number of copies?
Number of insertions?of pieces? publications?
Number Names of
volume Number of copies? What is the print run?
Number of pieces?
Proprietary images are exclusive forever, non- Proprietary images are exclusive forever, non-
30 days from publication or 180 days from
exclusivity Proprietary images are is less. Other.
delivery, whichever exclusive forever, Proprietary images are are exclusive
proprietary images exclusive forever, Proprietary images are are exclusive
proprietary images exclusive forever,
exclusivity non-proprietary images are exclusive non-proprietary year. Other.exclusive
for one images are non-proprietary year. Other.exclusive
for one images are
for one year. Other. for one year. Other. for one year. Other.
Adjacent to the photo, or if a cover on the
This is a negotiable point. Be sure to get it
credit table of contents page, or if a spread, one Credit on all prints and slides.
Once in the back of the This is a negotiable point. Be sure to get it
when you make any other concessions.
credit Credit on all prints and slides.
large credit.
publication is customary. when you make any other concessions.
9. Editorial Advertising
Type of Publications: Newspaper, Consumer
Type of publication: Newspaper, Consumer
Publicity
Retail World Wide Web
What type of media? Newspaper, Magazine, Point of
Magazine, Trade Magazine, Book, Other (for Corp.
Magazine, Trade Magazine, Book, Other (for Corp. Types of use: T-shits, Mugs, Posters,Other
Types of use: Media Kits, Calendars, Other Purchase, Catalog, Billboard, Bus Shelter, Direct Mail,
Types of use: Editorial, Advertising, Other
Mag, See Collateral)
Mag, See Collateral) Packaging, Freestanding Insert, Other
Anticipated Space
Anticipated Space:
How many photos do you plan to use, and
How many photos do you plan to use, and
Will ours be N/A main photo,
the Size of Photo(s):
Will the photo(s) appear on the main page or
prominence
prominence what sizes? Cover? Inside? What about web
what sizes? Cover? Inside? What about web Are there othersubsequent pages? just ours?
use, foreign language use, syndication use? or a secondary photo? on photos in the ad or
use, foreign language use, syndication use?
Do you want these included or a la carte?
Do you want these included or a la carte?
duration
duration One Time Use? Other?
One Time Use? Other? One Year? Other?
N/A One Year? Other?
One Year? Other?
Local? Regional? National?
Local? Regional? National? Will the product beNational?
Local? Regional? distributed: Is your audience:
Local? Regional? National?
geography
geography International? Foreign Edition Use?
International? Foreign Edition Use? Locally? Regionally? Nationally?
International? Other? Local? Regional?
International? Other?
Foreign Language Use? Other?
Foreign Language Use? Other? Internationally? Other? National? International?
What is the circulation of the publication?
What is the circulation of the publication? NumberHow many hit does you site get
of insertions? Names of publications?
volume
volume What is the advertising page rate?
Number of copies?
How many pieces will you produce?
What is the advertising page rate? per Number of pieces?
day of week or month?
Proprietary images areare exclusive forever,
Proprietary images exclusive forever, non- Proprietary images areare exclusive forever,
Proprietary images exclusive forever, non-
30 days from publication or 180 days from
30 days from publication or 180 days from
exclusivity
exclusivity delivery, whichever is less. Other.
delivery, whichever is less. Other.
proprietary images are exclusive
non-proprietary images are exclusive proprietary images are exclusive
non-proprietary images are exclusive
for one year. Other.
for one year. Other. for one year. Other.
for one year. Other.
Adjacent to the the photo, or cover on the
Adjacent to photo, or if a if a cover
This is a negotiable point. Be sure to get it
credit
credit table of contents page, or if a spread, one
on the table of contents page, Credit on all prints and slides.
N/A How about a link to your web page?
when you make any other concessions.
large credit.
or if a spread, one large credit.
11. DETERMINING FEES
▹ Pricing Structure:
▹ Day: Day rate plus licensing for set number of images
Day rate including licensing
▹ Shot: Day rate plus licensing per image
Price by image
▹ Project: Time including licensing in one line
▹ Flexibility and negotiating leverage
12. DETERMINING FEES
▹ Time vs. Licensing
▹ For larger uses, licensing may outweigh or include shoot fee
▹ Consider the value of each image/scenario
▹ Consider the effect of the duration on the value
▹ Review comparable estimates and consider hiring a consultant, rep
▹ Pricing resources: BlinkBid, Corbis, Fotoquote, Etc.
16. BUILDING AN ESTIMATE
▹ Use an estimating worksheet or software like Excel, QuickBooks, BlinkBid
▹ Line item everything
▹ For larger projects, consider including a treatment:
▹ Experience and client list
▹ Technical and creative approach
▹ Sample images including style references
▹ Production calendar and schedule
▹ Terms and Conditions
▹ Review with a consultant, rep or friend
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25. NEGOTIATING
▹ Portfolio, relationship and/or money
▹ Don’t give away something for nothing
▹ Does the intended use match the requested use?
▹ Contract solutions
▹ Duration limitations
▹ Licensing segmentation
▹ Production responsibilities
▹ Invoicing (flat rate = no receipts)
26.
27. PRODUCTION
▹ Concept
▹ Pre-Bid (optional)
▹ Client Review and Approval
▹ Creative Brief and Creative Call
▹ Estimate, Negotiation, Preliminary Schedule
▹ Approval, PO Advance
▹ Production: Casting, Scouting, Wardrobe, Props
▹ Talent/Location Approval, Fees Releases
▹ Shoot!
▹ 1st Edit Delivery and Image Selection
▹ Retouching and File Delivery
▹ Invoicing
