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Major TV newsmagazine interested in my archive photos

I have been contacted by a major TV network newsmagazine about using some of my archival photos in an upcoming episode. I expected this email; I allowed another person they spoke to to refer them to me.

I have what they need and replied to that effect and am awaiting their reply with more info. In the meantime, does anyone have any experience with this sort of thing? What is the standard licensing/compensation arrangement?
 

Peter Dexter

Well-known member
I am periodically asked for permission to use my photos in scientific publications. I have what they need. I always answer yes of course but be sure to credit the image with my name.
 

Asher Kelman

OPF Owner/Editor-in-Chief
I have been contacted by a major TV network newsmagazine about using some of my archival photos in an upcoming episode. I expected this email; I allowed another person they spoke to to refer them to me.

I have what they need and replied to that effect and am awaiting their reply with more info. In the meantime, does anyone have any experience with this sort of thing? What is the standard licensing/compensation arrangement?

For a major TV episode, I would have a meeting with an entertainment attorney. See if you can determine a fee. You risk them going elsewhere but this can be real money!

They have a budget.

Asher
 

nicolas claris

OPF Co-founder/Administrator
Mike
If they ask, this means they NEED your image(s).
Never "give" them without a money compensation.
They make money with their publications, at the very least they get their salary, your image will help them to get this money. So your images desserve to be paid for their use.
The argument that it will "market" you is false.
To credit a photo is mandatory in every evolved countries. That is a due, not a favor!
No money, no image (with of course the exception of social orgs or NGOs).
As Asher wrote, they have a budget.
 

Asher Kelman

OPF Owner/Editor-in-Chief
If you pay a lawyer, you are getting a service. They understand the business backwards. They know what reasonable rates are.

In a TV serial, they have a budget for everything from the coffee and car transport to the extra makeup artists and a bucket crane to get an important shot the director wants at the last minute.

Most items are $100 to $2,500 plus police at x2.5 etc etc. A few shots in soneone’s house might be $10,000 as it takes all day!

Your pictures might be the only one you will ever sell them or anyone but when you do it for free you actually are, perhaps, helping destroy another person’s only livelihood.

We get flattered easily! Be tough and accept the fact your work is valued but now risk having them walking away just because you want to get paid!

Asher
 
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Thanks Nicolas, I wasn't planning on a freebie and I am debating on how to handle the credit due to the sensitive topic of the show. I hope to have more info tomorrow.
 

Robert Watcher

Well-known member
It is much easier to come up with a figure to charge when dealing with a field of photography you are familiar with. I always knew my worth in the portrait, wedding and commercial aspects of my business.

But it became a real challenge for me when I would get periodic requests a couple times every few years - where I had no clue what was acceptable to ask. These weren’t jobs I would normally get, they were flattering because the company had chosen to contact me - sometimes from long distances away - based on the work they saw on the web, some were prestigious looking assignments that required photographing actresses, sports and political celebrities, providing supporting images for an article published in a glossy magazine on store shelves, and even promo pics for a tv series. All would be wonderful to have in my portfolio.

I had no idea of how to proceed with any of these initially. What I did know was that I wouldn’t be doing it for free based on either the exposure it would give me, or the flattery. And so this was my approach:

My conversation was finding out specifically where and how the images were being used, and then asking if they had a budget they were working with. I was worried initially that asking about a budget would look unprofessional or that they would take advantage of me - but I never found that to be the case. The odd time the amount they supplied me as their budget may not have been as much as I’d like, but at least I could make a choice as to whether it was worth it to me or not.

That said, price was never the first thing discussed. I got all the details first and verified how, how long, and where my images would be used - and then agreed on the price or not. If their budget was more restrictive, their rights and usage of the images had to be more restrictive. Besides a credit, I always made sure that they would send me copies of any printed materials that my images were used in and requested with more sensitive assignments like the tv series promo, that I could use the images on my website and portfolio after a specified time.

——-

An experience I had.

The usage of images cannot be open ended or unspecified. I learned early on that focusing on the fee alone, is not a healthy thing in the long run. I was approached by a local manufacturing company in a small town where I had my studio, to have me photograph a few product shots for 2 one page full Color brochures they were having made. I knew the owner who asked me, he was well respected in the community, and I wanted to support local business and thought I’d have a nice little portfolio piece because few smaller companies had the money to produce full colour sales pieces (early 1990’s).

My focus was providing a price that I would be fine with and that wouldn’t turn him away. When I got to the location to shoot, I found there was an art director hired for the layout of the brochures - he dictated my shots and the shoot ended up being a full day instead of the hour or two I expected. Then chatting with the art director, he divulged that his fee for the layout was $3500, and here I am the creative genius behind the feature images and all I asked for was $750. I later found out that the brochures were being used at a huge trade show in California —- when the company came and asked to have the negatives to send to the printer to be blown to 10’x20’ display pieces. I grumbled and agreed because I had not taken these things into consideration. Later the images ended up being used on their website and future brochures. And the straw that broke the camels back was a couple years later when the company contacted me and demanded the negatives because they had paid for them. I had stipulated nothing, had nothing in writing, and while I could have stood my ground or even legally pushed things - it wasn’t worth the reputation in a small town. LESSON LEARNED. NEVER AGAIN.




———
 
Thanks Robert! I haven't gotten a reply yet, but I am assuming for the moment they have a payment structure in place for this sort of thing, as they do it all the time.
 

Peter Dexter

Well-known member
I certainly hope you get proper remuneration for the use of your images. Probably a lot of us who post images on the internet should be more careful about copywriting our material so it doesn't end up in the "public domain". It continues to irk me somewhat that if you google the word "Quibdo" the first thing that pops up is a street photo next to a map with a blurb by wikipedia underneath. The street photo is mine but when I wrote to Google asking to be credited for it I was ignored.
 
Thanks Peter, I do not intend to do a freebie deal here (these are not images freely posted online; I had to pull them from my local archive scans).

I did not get an email reply today so I will call NYC Monday.
 
OK folks, here we go. They're requesting a total of 14 of my photos and my rates:

"rights: all media, world-wide, in perpetuity, and in-context promotions"

That sounds like major usage, now to pin down the value!
 

Asher Kelman

OPF Owner/Editor-in-Chief
Proud of you!

Good luck at this critical step! You need to ask around from photographers who might have sold into this vertical market!

Asher
 

nicolas claris

OPF Co-founder/Administrator
OK folks, here we go. They're requesting a total of 14 of my photos and my rates:

"rights: all media, world-wide, in perpetuity, and in-context promotions"

That sounds like major usage, now to pin down the value!

Hi Mike
Great! at least it means they know that there are rights of use to pay!
in order to calculate an accurate price, you need to know what media, and their circulation/audience.

Personally, I NEVER sell for "perpetuity"!
You may specify, 5 or 10 or even 20 years, but draw the limit.
You may also consider specifying that these rights are not transferable no any person, company etc. and that you keep the possibility to sell the rights of use to whomever you could wish (otherwise it becomes an exclusive sale, and that's pretty much more expensive!)

Good luck!
 
Thanks Nicolas!

Are these specifications to be made as part of the quote? At what point does a proper contract come into play? ie, how much back-and-forth can one expect?

I suppose I could explore their interest in exclusivity but wouldn't they have expressed interest in that already? It also makes me wonder what other news outlets might be interested (it's a current news story; I have photos of the people and place involved taken 25 years ago, so they're unique).
 
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