selling rights / prints . . . ?

[superdewa]

I know I'm not a regular poster here, but I do lurk a fair amount and have posted on occasion in the past.

I have a few questions about selling photographs. I have been taking photos as a hobby for a while, and am beginning to get some requests to sell my photographs in various ways. I have a LOT of questions!

First, I took a few photos of a fence outside a local tea shop that got some positive attention on flickr (one went to Explore Front Page). I just e-mailed the owner of the teashop to let her know about them. I took the risk of mentioning that I would be willing to work with them if they wanted to use either or both of the photos for marketing purposes. She e-mailed me back saying that they were planning on redoing their brochure in the next few months and yes, she would be very interested, perhaps for the brochure, and/or perhaps for postcards for the shop. I have NO IDEA how to go about the financial side of this. I know I would like to maintain rights to my photos, but that's about it. And what is a typical fee to charge for something like this?

The second situation: I have two local stores (one seriously, one a vague possibility), who have approached me separately (strange, huh?) about hiring me to take photos of their products to be used in window displays. I am filled with ideas of how I can do this creatively, but I don't really know how to charge for this. I am considering charging them $25 per photo used, but I have no idea if this actually makes sense (do I charge for the photos I take that they don't use? do I work out a certain number of prints with them and expect that they pay me for that number, whether or not they use them?...).

I've really just been taking photos for the fun of it and have almost no experience with making money off my photos. I am excited that people are approaching me. I live in a relatively rural area -- not poor, but not rich either. I am wary of charging too much to begin with. I know all the arguments against charging too little, but the pressure of charging a lot and maybe not doing a good job is too much for me at this point -- I would rather start off with prices that won't put too much stress on me. I am friendly with the store that is seriously wanting me to take photos, and it would make sense that I would give them a "discount" since I would be using them as a learning experience.

I think I'll save my third question for another day -- I'm considering selling prints and cards locally and maybe on Etsy.com, and I've got questions about that.

[OsmosisStudios]

1: You'll want to issue them a Limited Rights release for the photos for whatever duration you deem is necessary (or they request). Ask them their print run for the brochure and postcards. Also ask what size they want to use for the brochure. From there you can discuss pricing. Generally speaking, the larger the print run and the larger the print size in the brochure, the higher the price. Do that for each photo.

2: You should be asking the other stores for more information. Again, size is a key here, as is the duration of use. Again, in this case I'd recommend a limited rights usage contract.

[superdewa]

Thank you for your response.

I am sorry to say I am still confused. Where does one learn this stuff to begin with? Are there books? Websites? It's overwhelming to me.

Can you tell me more about a Limited Rights release? I did a google search, and it came up with a lot of unrelated results (ie. model releases). Any idea where I might find one online that I could borrow?

I believe the main store that wants my photos in their windows wants 8x10s.

[OsmosisStudios]

I've found everything through the power of Google, but I've also taken a few classes in university and consulted with a lawyer.

a Limited Rights release grants the client a limited set of rights for a limited period of time. You can specify what they can do with the images, how long, etc. Generally speaking this is how you would do any agreement that involves the files. It just means that the client cant pay you x amount and then use the image willy-nilly on anything they want, etc. It just protects your images.

Generally speaking a model release is a limited rights release of sorts. They generally allow the model to use the image in their portfolio, but not much beyond that. It also states that you get to keep the full rights to the image (Ie you can use it however you want, or however is described in the contract).

If the main store simply wants prints, make them prints! That cuts out all the problems. Just be sure to write in the contract that they cant copy them and cant use them past a certain date. If they need more, they go back to you. Simple as that. You can also generally charge less, which makes things more accessible.

Speaking of money: a limited rights release on files will determine how much you charge the client. Depending on what you offer/what they demand, the price will go up or down. If the contract is very limiting, then the cost will be lower. If it's open-ended, costs will be higher.

[superdewa]

Thank you for your response.

Do you think I need to see a lawyer to have these forms drawn up? I don't have a lot of money, and while I would like to see where this might take me, I am not ready to invest much in this as a business until I know for sure it is something I want to do (I want to take photographs -- I just don't know if I want to run a business). However, I also don't want to do anything now that I will regret later on.

I am considering ordering a book called Best Business Practices for Photographers. I am hoping it will give me a good overview of the various things I need to think about.

[OsmosisStudios]

Should be able to find some with some quick google legwork. No need for a lawyer, unless you wanna make sure you're on the right track.