BetterPhoto Q&A
Category: Photography Careers and Making Money

Slightly different photo licensing situation...

	"Parsley, Sage, Rosemary & Thyme" Four savory herbs in colorful stonewar mugs against a backdrop of wrought iron and blue floral wallpaper. F4, 1/13 (tripod on table), Early afternoon, overcast day. Jennifer Brooke Chao

She isn't asking me to take it out of production for art shows, print sales or contest entries, but does want to make sure no other catering company or restaurant will be given rights to use it for their branding.

This doesn't seem to be *exclusive* rights, nor one-time-use for publication. I'm not sure what this qualifies for, and have absolutely no idea what to charge. A friend suggested between $500-$1500.

Seeing as she's a small business owner (owns a tiny pancake cafe and then the catering company), I wouldn't think she'd be open to $1500, but really, she is asking quite a lot. I'd have to give her a full-sized digital file, which means giving up a LOT of control.

And I have absolutely no clue about how to write up the licensing agreement.

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February 19, 2008

First, you ought to have an understanding of the photo licensing rules and principles before you agree to this or sign anything. There are a number of books covering laws and forms for photographers including the business practice handbook at asmp.org.

Second, you should talk to a local lawyer who specializes in intellectual property / copyright and licensing if you're having any difficulty at all agreeing on terms of usage and fees. It should only cost a couple of hours of their time to put a suitable agreement together.

I say that because on the surface this can be a very straightforward deal. Later, however, if the company expands and the usage expands including franchises or becomes an interstate venture then you should be compensated accordingly and your agreement should be structured to reflect those possibilities, among others.

Your proposed rate of $500 -$1500 isn't at all unreasonable based on the initial usage but as I said, you need to have a plan for future usage as the business may expand and that sum doesn't begin to cover it. Think of that photograph in terms of value to your client NOT just what you have in it to produce it.
Take it light ;>)
Mark

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February 19, 2008

Your advice is very much appreciated and I will definitely be looking into all of that. What you say is exactly the qualms I have about this - all the what ifs about down the road, and how to make sure I get compensated fairly - now and later.

And I don't think Paul and Art are going to have a problem with the photo title. They merely did a fantastic job or arranging an 18th century folk song. They didn't write those lyrics, and I'm pretty sure no one knows who did, so I think I'm ok. ;-)

Thanks again!
Brooke

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February 19, 2008

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February 20, 2008