Magazine Article

[evilluckycharms]

One of my clients today told me (AFTER the supposed family shoot ) that if she liked my photos, she would use them in an article about her that was being published in a national magazine. Luckily she signed a release that said she can't use them without purchasing the rights to do so. But how much do I charge??? It's essentially selling the copyright since the magazine can then use the photos for whatever they please, whenever they please. I don't think these people understand this, because I had to explain it to them. So I don't think they'll be expecting the multi-hundred dollar price tag that is usually associated with copyright sale. I would much rather have my photo in the magazine (with credit, of course!) than have them decide on a different photo because the price tag is too high.

Ideas? Thoughts? Suggestions?

[OsmosisStudios]

Youre not selling the copyright, youre selling usage rights. VERY different. Youd also be getting paid by the magazine, not her.

In any case, you want to find out how much readership the magazine gets, where in the magazine it'll be and how big. Then you can figure it out (using various calculator programs) for a single-edition use. This means the magazine can use the photo for that magazine article, nothing else, and that you retain the rights.

[Niresangwa]

Surely this is between you and the magazine, not the client. If she likes them, she can suggest to the magazine they use your work, and negotiate from there. You could consider formulating a limited use agreement for this also. No need to give up the full rights if you don't want to.

[evilluckycharms]

no, this isn't between me and the magazine. basically, there's an article being written about her, and they asked her to submit personal photos to use in the article. she said she wanted to use my photos as the personal photos. when the photos are submitted to the magazine, she gives up all rights to the photo now and forever and releases the magazine to do with the photo whatever they like, for as long as they like (it's in their contract). so in order for her to be able to release all the rights to them, i need to release all the rights to her first.

this is why i'm so stuck! she doesn't understand that by me allowing her to submit the photos to the magazine, i give up all rights to any royalties if they decide to use it in the future for any reason. they have the right to reproduce the image and use it for anything. so how do i charge her for unlimited reproduction and royalty free use when she's not going to be the one using it for that purpose?

[kuvahmagh]

If your uncomfortable about it all then don't do it, it sounds like a bad deal to me. If the person isn't willing to pay for the rights then they can get one that they own the rights to. I would also keep an eye on the magazine to make sure that they don't submit it anyways, if they do I would go to the magazine and tell them about the copyright situation. I'm not a lawyer or a professional but that seems to be the best course.

[OsmosisStudios]

Then you need to have an agreement with the magazine: the rights arent hers to give!

[olgabe]

Are we talking about an artistic portrait or a thumbnail size headshot? Most likely, the second.. Chances are, if you say no, she'd go to do a headshot at a nearby passport booth... I don't see what you have to gain by not releasing the coyright for a nominal fee. What are the chances that you will ever extract any commercial value out of this portrait if you don't do it now?

Peanuts is better than nothing, no? Well, unless you'd rather hope that she'll turn into Mother Teresa or Pamela Anderson in a few years, and you'll hold the only professional 'before' portrait...

[fstop57]

Originally Posted by evilluckycharms

.... they asked her to submit personal photos to use in the article. she said she wanted to use my photos as the personal photos.

This is the crux of your problem, and unfortunately a knobbly one you're unlikely to get off unscathed. Essentially your client wants to give away something you own. You need to educate your client so they understand this distinction. However, having done that, you're unlikely to find a happy solution, in money terms, as in my experience private clients will not be able to get their head around the value you put on the images. At the end of the day you can refuse to allow the use and suggest your client uses some of her own photos (her truely personal photos) at which point they will hopefully re-evaluate your images assuming they are significantly better.

Good luck with it!
Alex

[dilshad]

Originally Posted by evilluckycharms

One of my clients today told me (AFTER the supposed family shoot ) that if she liked my photos, she would use them in an article about her that was being published in a national magazine. Luckily she signed a release that said she can't use them without purchasing the rights to do so. But how much do I charge??? It's essentially selling the copyright since the magazine can then use the photos for whatever they please, whenever they please. I don't think these people understand this, because I had to explain it to them. So I don't think they'll be expecting the multi-hundred dollar price tag that is usually associated with copyright sale. I would much rather have my photo in the magazine (with credit, of course!) than have them decide on a different photo because the price tag is too high.

Ideas? Thoughts? Suggestions?

I want to suggest you two things


1. There are two mode of selling your photo:

Right managed: Rights Managed images are licensed images for predefined usages. The payment for a Rights Managed image is based on the specific usage requested and depends on several factors like: Specific use, Duration, Print Run, Territory, Size and Industry.

Royalty-Free images:You pay a one time payment for non-exclusive use of the image. You can use the image multiple times for multiple purposes (with limits).

I suggest you to sell them in right managed mode.

2. the cost of photo is also depends on where they are going to use. I mean to say for web, print etc. and price is most for the print usage.

[Jim Bryant]

Also payment determines on page placement, size and if the photo is going to be used as an inside doubletruck (crossing two pages), front or back covers shots or a full page.