A question of value

[re:FORM]

I've got a project on just now that's made me rethink the way I calculate rates for my work.

I've been asked to produce two images in the style of a high class product studio photograph. The objects themselves are pretty basic, and the whole modelling, lighting, mapping and rendering shouldn't take longer than a day to produce. I'm happy charging at my normal daily rate for this as my client is only using it for a pitch to one of their clients. My question is whether I should limit the use of the images to what was agreed (a pitch) and that if the images were to be go on to be used for an advertising campaign (ie appearing in glossy magazines) I should charge a much higher rate given the end use of the images. I imagine photographers would charge $2-4k + for a studio photoshoot with the final images being used in an advertising campaign. I'm thinking this is an area that I need to get advice from a lawyer and/or marketing agent.

So my question is basically about at what point do you through out your normal rates in favour of charging for the inherant value of the image, rather than the cost of production (which in this case is very low).

What is your approach to this? Any advice ?

[Infrared digital]

Your standard contract could stipulate that the media created by your company is for the agreed use and any further usage is in breach of contract.

In Scotland, a handshake is legally binding but a signature is the way forward.

Contractual lawyers are insanely expensive approx £200/hr. I would recommend a free first consultation and then draw up the contract yourself and get them to look over it and suggest any possible changes.

[re:FORM]

Thanks infrared... are you based in scotland too? Do I know you?

Yea, well there was a verbal aggreement for a price, but the discussion obviously doesn't cover terms and conditions, which is why I am following that conversation up with a formal cost estimate document that states the terms of use.

I wonder what the going rates are for use of image in different media, and at in relation to circulation. Say if an image is going to be printed in a bunch of magazines and mainstream newspapers and reach a circulation of 100k, you'd expect to be paid more than if the image was only being printed on say 5k trade-magazines. The question is by what factor do you adjust your quote for different circulations? Are there industry standards or ballpark figures for these things?

[Infrared digital]

Unfortunately, I have no experience of that as an industry standard.

We have met, I work in the same building as with Mike.

[re:FORM]

Ha cool... how are you guys doing? I hope you're well.

I've found a cool thing on Corbis which allows you to calculate the cost of image rights based on usage. http://pro.corbis.com . You need to register.

Its not exactly applicable, as the images are stock images rather than unique commissioned images, but i guess I can use it to compare the going rate for different usages of images.

[re:FORM]

I found this good article on the subject too.... http://courses.wccnet.edu/~donw/pdf/...st%20rights%22

[Infrared digital]

I'm good thanks Patrick, how are you getting on ?

It sounds like some form of royalty but, surely each individual image reproduced would have to be sold to warrant a per unit return to the creator of the image ie; you ? As opposed to the image being simply distributed for marketing.

I would suggest that you establish a written agreement to have the name of your company shown as prominently as possibly on each reproduction of the image, this approach (to me) is more likely to succeed.

take care

Niall