Hey Kevin , Quick question do you separate usage on a quote or invoice for small businesses or individuals or do you give one price and include it as a line item? Very useful video thank you.
It really depends on the client. I find, here in Canada, a lot of smaller businesses don't understand usage, so I just incorporate it into the creative fee. That's something I did on an invoice just today. If I'm working with an agency then I will separate out the creative fee and the licensing because they will often only license for one year and potentially take a second or three-year buyout. In those cases, it's helpful to break them out separately in case the usage changes.
Thank you so much for this. I have a question about the "publicity" clause. From the video it would appear that the client is providing some form of "sub-licence" (for lack of a better term) when the client allows the images to be used by a third-party. Does this create issues if the use isn't acceptable to you, the photographer?
I'm currently editing the full contract video that will be out soon, but there are other clauses in the contract that address this and clarify that the work is not be considered a "joint work." Also, you are licensing the use of the image and retaining the copyright but you are not relinquishing moral rights. That's a whole other legal can of worms, but if my images were being used to promote hatred or fascism, I would have an issue with that on moral grounds and might be able to get an injunction to prevent the use of the image based on moral rights.
@@StudioBuilder Thanks for the reply. As an observation, too few UA-cam photographers have done videos on the technical and legal details of the business. Specifically, contracts such as the one you are describing. When there is discussion of use, rights, etc. it is at the level of an overview with no real detail. Moreover, these contracts are complex and no one ever seems to say, "I had my lawyer draft the contract". This side of the business is often not discussed.
I think the issue here is that a lot of UA-cam photographers are not working professional photographers. They are often landscape or street photographers with no need for contracts. However, I've never had a lawyer look at my contract except for all of the lawyers I've photographed who have signed my contract.
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Very very helpful!
This is so useful, thank you
Share it with all the people!
Hey Kevin , Quick question do you separate usage on a quote or invoice for small businesses or individuals or do you give one price and include it as a line item? Very useful video thank you.
It really depends on the client. I find, here in Canada, a lot of smaller businesses don't understand usage, so I just incorporate it into the creative fee. That's something I did on an invoice just today.
If I'm working with an agency then I will separate out the creative fee and the licensing because they will often only license for one year and potentially take a second or three-year buyout. In those cases, it's helpful to break them out separately in case the usage changes.
Thank you so much for this. I have a question about the "publicity" clause. From the video it would appear that the client is providing some form of "sub-licence" (for lack of a better term) when the client allows the images to be used by a third-party. Does this create issues if the use isn't acceptable to you, the photographer?
I'm currently editing the full contract video that will be out soon, but there are other clauses in the contract that address this and clarify that the work is not be considered a "joint work." Also, you are licensing the use of the image and retaining the copyright but you are not relinquishing moral rights. That's a whole other legal can of worms, but if my images were being used to promote hatred or fascism, I would have an issue with that on moral grounds and might be able to get an injunction to prevent the use of the image based on moral rights.
@@StudioBuilder Thanks for the reply. As an observation, too few UA-cam photographers have done videos on the technical and legal details of the business. Specifically, contracts such as the one you are describing. When there is discussion of use, rights, etc. it is at the level of an overview with no real detail. Moreover, these contracts are complex and no one ever seems to say, "I had my lawyer draft the contract". This side of the business is often not discussed.
I think the issue here is that a lot of UA-cam photographers are not working professional photographers. They are often landscape or street photographers with no need for contracts. However, I've never had a lawyer look at my contract except for all of the lawyers I've photographed who have signed my contract.
@@StudioBuilder excellent!