Client FAQ's

What is copyright of a photograph?

Copyright comes into existence automatically when a photographer captures an original image. It gives the photographer the sole right to decide who can use the work.  Any person or business must have permission (a license) from the photographer to publish (reproduce) images in any medium, physical or electronic.

What is a License?

The photographer owns the rights to their images and, by means of a contract, clients may license specific rights to use the photographs. The client paying for this license does not have the right to use the photographers images beyond the scope of the agreement.

Ways to Obtain a License for my photographs

There are two ways for clients to obtain a license to use images: by commissioning me to fulfill a specific request, commonly called Assignment Photography, or by licensing the use of an existing image, known as Stock Photography.

I license stock photographs directly to clients through the ‘stock’ link on my website, and also through the following stock photography agencies: Corbis, Alamy, and Jewelbox images.

What factors determine the costs for assignment photography?

My fees are based on the creative and production needs of the job, the expenses, and the license terms we agree upon for use of the images. Each project is unique, and time is only one factor I consider when determining my price for a specific assignment. Pricing based solely on time does not reflect the costs of several factors, such as better equipment, experience, or working faster.

How is a Usage or Licensing Fee determined?

This fee is determined by how the client is using the photographs. Typically, the larger the audience for a specific use, the higher the usage or licensing fee. For example, a photograph used in a print and web ad campaign for a consumer product would have a much higher licensing fee than a photograph used in a business-to-business company brochure — the former has an audience in the millions, the later perhaps a few thousand.

Why do you need to know how I am going to use the photographs?

Photographs are intellectual property, and licensing their use is how I generate income. The fees for a specific project are based on the use of the photographs because the more the images are used, the greater value they have. Since they’re worth more, they cost more.

You mean I pay you and I don’t own it?

Photographs are the intellectual property of the creator. Much like software or a book, you can purchase the use, but the creator still owns the material. I own the rights to my photographs, but I can write a license that will let you do whatever you need to do. My price will reflect the value of that license.

I do not want to come back to you each time I need to use these pictures.

I am more than happy to license a package of rights for these photographs, but you may be paying for uses you do not really need. I am service oriented and accessible if additional uses arise. My goal is, of course, to build a long-term business relationship, so tell me what your plans are and we can work out an equitable license.

Glossary of Terms:

Buy Out — An imprecise term used to describe acquisition of broad usage rights to a work, sometimes in a particular market or medium.  Buy Out is a slang term, often misinterpreted as a transfer of copyright ownership of a work from the copyright holder to the client or client’s agent. In the absence of a specific copyright transfer agreement executed by the copyright holder there is no copyright transfer. If this term is used, an additional, precise list of rights granted or transferred should accompany any license.

Creative Fee — A charge by a creator for his or her efforts to complete a project, which is not based on time alone. Factors may include compensation for trade experience and special capabilities, or for any creative effort, contribution or process required to complete a project.  Note — Some photographers separate Creative fees and Licensing/Usage fees, while others combine them into one number.

Exclusive License — A privilege that, when granted, limits how a copyright holder (and other parties permitted) can offer a work to a third party for reproduction.  An exclusive license may be broad or specific. The rights grant may provide the licensee with exclusive rights to use a work singly or in any combination of: a specified media, industry, territory, language, time period, product and any other specific right negotiated by the licensor and licensee.

Flexible License Pack — A license model permitting the use of one or more images in multiple media without requiring individual license fees for each image or use. For example, business to business packages can include usage for website, newsletter, brochures, and pr/marketing.

License Fee — The price charged by a licensor to a licensee in exchange for a grant of rights permitting the use of one or more images in a manner prescribed in a license. A variety of factors, such as circulation, the size of reproduction and specific image qualities affect the determination of a particular license fee.

Non-exclusive License — A grant of rights issued by a licensor to a licensee that does not preclude the licensor from granting the same rights to other licensees. Unless otherwise negotiated, licenses are non-exclusive.

Postproduction — Everything that happens to a visual work after production, typically after images (either still or moving) have been recorded to film or digital media. Postproduction might include editing, color correction, etc.

Preproduction — Work on a project or job that is related to preliminary preparations. Includes all planning and the making of any arrangements necessary to enable or facilitate final production. Typically billed as time plus any costs expended.

Production Fee — A charge related to the preparation, planning, setup, props and styling, gaffers, grips and assistants. After production, it is related to post-processing and delivery.

Unlimited Use — A broad grant of rights that permits utilization across all media types and parameters. Can be restricted in any usage type or parameter, singly or in groups; can include all uses, all media, all time.

Usage Fee — A charge made for a work to be shown in a specific media, based on terms in a license or contract agreement.

Information from American Society of Media Photographers (ASMP), www.asmp.org