April 3rd, 2008 Dave Scott
I recently had to send an email notification out to many of my clients. To explain, let me take you back to the situation that led to my email. I was contacted by 2 interior designers to photograph a few of their recently completed projects and by a model to produce some glamour images for her portfolio. All of these images were to be completed within the same week. At each of the shoots, all of my clients mentioned that they wanted to enter an image or two into a contest for their respective industries. I didn’t really think much of it and wished them luck.
A couple weeks later I delivered the completed images and everyone was happy. A week after that I was contacted by each of them to get together to sign the releases allowing them to enter the images I shot into their contests. Well, it didn’t take me long to literally see it in black and white. In order for the interior designer to be able to enter the images in the contest, I didn’t need to give my permission. I needed to sign all rights away. Yes, the corporate entity would retain the rights to use the images any way they wanted, not just the contest but even in corporate advertising campaigns. Additionally, I would not be able to use the images in any way. I know what some of you are thinking but no, I didn’t send them on their way with an unsigned contract and an earful of wisdom on the dollar value of image usage rights for advertising. I’m a man of my word and I did know that they expected to enter the images in the contest when I was producing the images. I cut my losses, signed the contracts and later suffered through seeing the images used in ads in a trade magazine as well as a men’s magazine.
Another unscrupulous tactic has been going on with architectural magazines. The architectural firm submits some images on spec to a magazine. The magazine likes the images. They inform the firm that they do not pay for image usage and that they will need to work it out with the photographer. Essentially, they want free image usage when they know that that is not normal business practice and they are willing to pit a photographer and client against each other to get it. Part of the problem is that there are more and more uneducated photo buyers (the architectural firm in this case) that believe that once they pay for a photo shoot, they should be able to do as they please with the images. While we, as photographers, have more and more buyers to educate there will also be more and more pressure from third parties to acquire free usage rights of our images by going through our clients.
I don’t believe in allowing companies to profit from a photographer’s images without compensation. Usage of an image is part of the equation in determining what we charge. For example, a image used in a 1,000,000 circulation magazine fetches a higher usage fee than the same image used in a weekly newspaper with a circulation of 1,700.
Now, in the part of my estimates, quotes, and invoices that define the image(s) usage rights that are granted, there is also a line that reads “Third party usage negotiated separately.”
I was caught completely off guard by these policies. In 26 years of shooting, I have never been asked by corporations that are national in scope or internationally distributed magazines to provide images free of charge. I will never allow it again.
The image above was produced for one of Portland’s best interior designers, Chuck Arbuckle. Chuck is available for projects nationwide. You can visit his website by Clicking Here.
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