Educating Clients on Photo Theft and Licensing

While I may get burned at the stake for heresy, I am going to suggest that you consider changing your business model.

Rather than quoting a low price, and then tacking on extras for usage, why not just charge a higher price upfront and let the client have unlimited rights?

While it seems that you are giving up a lot of income, that may not be the case. What percentage of your images actually do bring in noticeable additional revenue? 1 in 50? 1 in 100?

If you charge a bit extra for all of your work, you get your income income up front. Rather than a possible extra $250 on one image a few years down the road, charge $200 more for the job upfront. That's a benefit to cash flow. A definite $200 today is worth more than a 50% chance of $250 next year. That increases profits.

You know what the income from the job will be. Knowing your income makes it easier to plan expenditures.

You have happier clients. They don't have to worry about limited rights to what they think of as "their" images. That's also a benefit. Happy clients mean more repeat business and more referrals.

The best part is that you don't have to spend time and resources trying to track down infringers.

====

I was in LA over the weekend working a large event. I was talking to some fellow professional photographers.

One was very happy. He charges a high price upfront, and gives his clients all rights to the images. His business is growing and he is making a healthy profit.

Another guy was unhappy. He spends his free time trying to enforce his copyrights. He searches the web, finds his images, and then tries to get large faceless corporations to honor his copyright. These large web companies tend to say that he needs to go after the anonymous user that posted the image, yet they won't provide any way of identifying that person. Apparently the big companies have told him that US Copyright law doesn't actually apply to the Internet as web sites are not mentioned in the law, and the higher courts have not given definitive rulings. Whether or not this is true, he can't afford a team of lawyers to go against these large companies.

Not only is he frustrated with enforcing his copyrights, his business is down. Customers don't want to deal with limited rights if they don't have to. His initial revenues are low, and subsequent licensing is way down due to image theft.

====

Perhaps the above two are representative of where the industry is going? Perhaps they are not.

In any case, I think raising your pricing and selling all rights is not a crazy idea. It may not be for you, but I think it's worth thinking about.
 
I actually floated this very idea to the client, who replied in no uncertain terms that They will not pay me a cent more.

Oh well, thanks for trying...
 
Very useful article that should make it easier to convince forum members of nature of the actual law, rather than laws they wish for.

BAK
 
Hi Everyone,

I'm sure this topic has been thoroughly exhausted, but I'm looking for something specific. A client of mine, an interior designer, has been forwarding copies of my photos to their suppliers to be used on their websites. This is an obvious no-no. The photos were never licensed for this, obviously, and they're depriving me of that income. I believe my client doesn't really understand the issue, and feels they're not actually doing me an injustice.

Can someone point me to an article I can forward to my client, clearly explaining copyright law, in layman's terms, so that this doesn't happen again?

Thanks
When I send a contract to a client, the terms state very clearly that we retain copyright and we are licensing the usage to them.

We have a part in the contract that says "What this means".

And we go on to explain that the client can use the images within the limits of the license but any transfer, sale, or usage by a third party is strictly prohibited.

We also have an option in our quote that says "Option2- Licensing for multiple users"

And we explain is they wish to share usage with others they can list them and we will license them also. This costs more.

Explaining after they have received the images makes them mad usually.
 

Keyboard shortcuts

Back
Top