Advice - Photography / Negotiating rates and rights
Negotiating rates and rights is the key to making practical use of the figures in this guide. They are sufficient for pricing single use of photographs, whether commissioned or stock, but increasingly clients need to clear a wider range of rights for both the immediate future and the longer term.
Three important points need bearing in mind.
- Successful negotiation is not possible unless both photographers and their clients clearly understand what is actually being bought and sold. This is neither time nor the photographs themselves. As the authors of their work, photographers own the copyright in it, and issue licences to clients to reproduce them as mutually agreed. See Copyright.
- The terms of these licences are best put in writing for the benefit of both sides. This is the best way of clarifying exactly what rights are sold on accepting a commission or supplying stock. This may seem obvious, but it becomes vital if there is any dispute or misunderstanding. Standard photographers' terms and conditions are set out on the Delivery Notes available from the NUJ. See Contracts + paperwork
- Photographers (and their clients) have to recognise that there is a base rate below which they will lose money if they accept the work. The day rates specified in this guide are intended to both cover costs and provide for a professional income. This is both the minimum commission rate and the starting point for negotiating extended licences. See Day/base rates
Most rates quoted in this guide are minima. Higher rates could and should be negotiated for specialist expertise and knowledge, and also for exclusivity.
Most rates quoted are for one use only (repro fees) or immediate use (commissioned photographs).
Increasingly, clients require more extensive licences. For instance, reproduction simultaneously on the web as well as in print, photographs shot for editorial use also required for PR distribution, repeat use of commissioned work.
In such cases it makes sense for both photographers and their clients to come to an agreed figure at the time of commissioning, or buying in stock material.
A good example of the kind of win/win deal that can result is the Business Week contract (see the link below). Under this, photographers grant important but limited rights in addition to immediate use, in return for a mark up of approximately 100% of the fee they would expect for single use.
A good example of the kind of lose/lose endgame resulting from a client seeking considerable extra rights without adequate compensation is the Scotsman case (see the link below). The company succeeded in imposing its terms but only at the cost of losing many of its best photographers, and around £100,000 by way of compensation and costs in an out of court settlement for unlawful use of copyright material.
Photographers should always start from an initial fee for a very specific limited licence and insist on payment for every additional right sought, for instance electronic in addition to print editions. They should then be prepared to flexible when granting a range of extra rights - for an appreciable mark-up. In the case of the Business Week contract, photographers grant the rights to publish on the web, in foreign editions and joint ventures, and most of the proceeds from reprints - the commercial reuse for advertising purposes of editorial in the magazine. The 100% mark up in return pushed the minimum space rate (quarter page) up from US$225 to no less than US$450.
While being flexible, photographers should also apply a clear limit to the rights licensed. In the case just quoted, photographers retain syndication rights, as well as the right to payment for subsequent re-use. In many cases it makes sense to apply a time limit - for example unlimited use in specified media and territories, but only for a period of one year, after which the license can be renegotiated.
Striking the right deal depends on experience, but also on a clear understanding of the market, or rather the various different markets in which editorial and PR photography is required.
The best way for photographers to get a wider range of opinions, which is beyond the scope of this guide, is by joining in the various discussion forums available. See the link to Networks, below.
When a client wants pictures dug out of the depths of a photo library, for example, the photographer needs to charge for the time spent finding it.
The National Union of Journalists must not, can not and would not wish to dictate rates or terms of engagement to members or to editors. The information presented here is for guidance and as an aid to equitable negotiation only.
Suggestions apply to contracts governed by UK law only. In any event, nothing here should be construed as legal advice.