DEFINITIONS

[ampimagedotcom]

The Wonderful Machine recently wrote about Image Licensing: Expanding Usage - and on their ‘Invoice’ they defined what the terms that they use mean - to help both the photographer and their client better understand how the images (that they are referring to) could be used.

Thought some of you may be interested in this, as well as the fact that they included this on the Invoice that they sent to the client for them to sign… which is also something I found interesting, because I don’t think I have ever even considered asking a client to sign an Invoice.

Anyway, here is what they wrote on that Invoice:

DEFINITIONS

Content refers to any still photographs, video, or animated GIFs (collectively, Images) created for the Client in the course of executing the Project.

The Content is created by a photographer, director, or videographer (herein, Creator).

The Price Quote contains a License that describes the extent of the Usage (how the content may be used) which may specify the geographic territory, the duration, the number of images, the number of placements, and the type of use (which are defined below), as well as the extent of the Exclusivity (which may be different from the extent of the Usage).

Editorial use is when a publication (whether print or digital) uses an image to tell a story rather than to promote a product, service, or company.


Publicity use is when the Client submits the Content to a third-party publication for Editorial use and the Client is not paying the publication for that placement.

Advertising use is when the Client is paying for the placement of the Content in any media in which it appears (excludes Packaging, Catalog, and E-Commerce use).

Web Advertising is when the Client is paying for the placement of the Content on a third-party website.


Social Media Advertising is when the Client is paying for “boosting” on their own social media account or placement of the Content on any third party social media account.


Print Advertising is when an image appears in a physical newspaper, magazine, poster, or supplement.


Out-of-Home (or OOH) is where the Content is visible to the general public on media platforms such as on bus wraps, bus shelters, billboards, and kiosks. It can be digital or print.


Point of Purchase or Point of Sale (or POS) use is where the Content is displayed in a retail space to promote a product, service, brand, or company.


Broadcast is a type of Advertising use where the content appears on a television network, streaming service, subscription video, satellite TV, or cable TV service.

Collateral use is when the Content appears in or on a platform that the Client produces or controls (and are not paying for placement of the content), such as a company website, social media account, annual report, or brochure.

Catalog use is when the Content appears in a printed brochure, booklet, or pamphlet used to promote products. E-Commerce use is when the Content appears on an online platform where the products or services are displayed for purchase.

Packaging use is when the Content appears on packaging for a retail product.

Display use. While Publicity, Collateral, and Advertising use pertains to using images to promote a product, service, or company, Display use refers to situations where the images themselves are the product.

Merchandise use includes items for retail sale or promotion (in the form of physical prints or on merchandise such as t- shirts, posters, mugs, key chains).

Public Display use is where the Content appears in common areas of the Client's facilities, such as an office, factory, warehouse, restaurant, or hotel.

Private Display use is when the Content is displayed in a non-commercial space such as an individual office or residence.

Consumer means that the intended audience is the general public. This term can be used to limit Advertising use or Collateral use.


Trade means that the audience is limited to a specific industry, profession, or special interest group. This term can be used to limit Advertising use or Collateral use.


Web means websites or applications (other than Broadcast) that are accessible through the internet and appear on computers or mobile devices.


Unlimited use includes all of the above uses plus any other use not explicitly mentioned.

-
Creating images to tell a story... just for you!
Cheers,
Ashley.

 

[BAK]

Interesting to think about.

I've shot a lot of portraits of authors.

Most often a book publishing company asked me to take the picture.

I almost type "hred me to take the pictures" but that opens the "work for hire" can of worms.

Most often, the assignment process was pretty informal. "The publisher says, "can you shoot Ian Brown?" or "can you shoot Stevie and Harvey? and I say "yes."

Later we discuss the general approach, but we never go as far as looking years into the futre. Pretty much my whole career has been of the "all uses" type.

BAK

.

 

[Craig Gillette]

I would think this should be a part of the "quote" or initiation of the effort, not the invoice.

 

[ampimagedotcom]

I would think this should be a part of the "quote" or initiation of the effort, not the invoice.

Yea, I thought it was a bit of a strange thing to write that on the Invoice as well - if that than been 'a Quote' it would have made more sense.

Personally, I don’t like using terms that can’t be clearly defined or could mean completely different things to different people, when quoting - but I know some of my clients would often use some of those terms that they used - so I found it interesting to see how they defined them.

When quoting, I would usually just list the different media, so it ties in with the boxes that I would tick on the 'Licence to use' document…



.. that I would be asking them to pay me for afterwards - rather than use a term that could or would cover multiple media, like "Advertising use”.


And then on my website I list some of the things that are included, like this:

Ambient - includes : garage forecourt, airport and rail station screens and all public areas where advertising is screened.
Billboards - includes: 96/48/16/12 sheet, superlites, escalator panels, bus sides & panels, taxis wraps & seats, bus backs, tube, underground.
Brochure / Catalogue.
Direct Mail - includes: door drop leaflets & postcards.
Inserts / Prints.
Marketing Aids - includes: umbrellas, ashtrays, beer mats, exhibition panels, trolley panels, etc.
Magazine ads - includes: advertorial features, ads & PR.
Editorial.
Newspaper ads - includes: advertorial features, ads & PR.
Packaging.
Point of sale.
Posters.
PR - includes: images used to promote within a press editorial/advertorial or trade handout.
Press - includes: trade, consumer, local, national, magazine & newspapers.
Television / Cinema - includes: interactive TV, Video, mobiles, CD ads.
Worldwide web - includes: email ads & internet use.

Still, it’s always interesting to see and hear what others do - which is why I started this thread - because this bit is actually very important to get right, especially if you are hoping to earn more for the work that you did later on down the road - which is obviously what they are talking about here: Image Licensing: Expanding Usage.

-
Creating images to tell a story... just for you!
Cheers,
Ashley.

 

[ampimagedotcom]

Interesting to think about.

I've shot a lot of portraits of authors.

Most often a book publishing company asked me to take the picture.

I almost type "hred me to take the pictures" but that opens the "work for hire" can of worms.

Most often, the assignment process was pretty informal. "The publisher says, "can you shoot Ian Brown?" or "can you shoot Stevie and Harvey? and I say "yes."

Later we discuss the general approach, but we never go as far as looking years into the futre. Pretty much my whole career has been of the "all uses" type.

BAK

.

Do you actually ask them to pay you for 'the use of your images' when you are quoting them a price - or do you ask them beforehand to pay you for 'your time & expenses' instead of, or in exchange for, the use of your images afterwards?

-
Creating images to tell a story... just for you!
Cheers,
Ashley.

 

[BAK]

Some other factors that can be defined and then be better understood by buyer and seller include sizes and circulations, And placement.

Often when quoting and setting prices neither side really knows what the use is going to be.

In Editorial, covers often get more money than inside shots, thumbnails on content pages get no extra money, other than what is paid for the pictures with a story. A two page spread may earn more money than a single page.

In my work with authors, a big picture of the author on the front cover was sometimes worth more than a much smaller picture on the inside back flap. For other shots, my fee represented the effort to take the picture, and the size it ran did not matter.

How many copies are made? If the picture goes into a flyer dropped off at house doors, why should the photographer get more money, or less, if the advertiser cuts or extends the route the carrier walks.

AS FOR LISTING USES ON THE INVOICE: The uses are items being sold, just like the images are items being sold. (and "sold" and "licensed" can be interchanged in many circumstances.

Anyway, by listing or not listing the client knows what's covered, more or less and open to discussion.

Finally. I think the sophistication of the client comes into play.

BAK

 

[BAK]

Interesting to think about.

I've shot a lot of portraits of authors.

Most often a book publishing company asked me to take the picture.

I almost type "hred me to take the pictures" but that opens the "work for hire" can of worms.

Most often, the assignment process was pretty informal. "The publisher says, "can you shoot Ian Brown?" or "can you shoot Stevie and Harvey? and I say "yes."

Later we discuss the general approach, but we never go as far as looking years into the futre. Pretty much my whole career has been of the "all uses" type.

BAK

.

Do you actually ask them to pay you for 'the use of your images' when you are quoting them a price - or do you ask them beforehand to pay you for 'your time & expenses' instead of, or in exchange for, the use of your images afterwards?

-
Creating images to tell a story... just for you!
Cheers,
Ashley.

Neither, really. I ask them to pay me for creating, in the sense of thinking up and planning what the pictures will look like, and then physically producing thise images, as negatives or computer files, and then usually as prints that are then discussed regarding how they will be used.

But the length of time we talk is not directly related to "charging for my time" and "expenses" slips are to places like a client supplying an airline ticket or a publisher buying lunch for herself, the author and me.

I've taken an author's picture in 10 minutes. We met at the publisher's office, walked to a sunlit laneway next door, shot four or five poses with three or four shots each, walked back to the office next door, and then went to lunch. And I've spent a day on a round-trip drive Toronto to Huntsville to shoot an author at his home, and a two-day round trip drive from Toronto to Ottawa to shoot another author. The publisher came with me and paid for the hotel and meals. And mileage.

BAK

 

[ampimagedotcom]

Some other factors that can be defined and then be better understood by buyer and seller include sizes and circulations...

Yes - the 'Territory of use’ part would basically take into account whether it was a local magazine (Ireland only), a national magazine (UK & Ireland) or an International magazine - and so the price would usually vary as a result of that.

Often when quoting and setting prices neither side really knows what the use is going to be.

True - which is why I would often send them a few quotes at the start - the first would be to let them see what the fee would be for ’Standard use’, i.e. for the use of the images in either 2 media for 1 year or 1 media for 2 years, in 1 country or region.

Which the Association of Photographers (AOP) would refer to as one's Base Usage Rate (BUR).

In Editorial, covers often get more money than inside shots, thumbnails on content pages get no extra money, other than what is paid for the pictures with a story. A two page spread may earn more money than a single page.

Most of the time when it comes to Editorial work, I would sell the Publishing company the Rights to use 'our work’ for an Editorial feature...


(Licence No. 20180924-00017146)

.. in one of their magazines - and the 'Period of use' would be: 60 days from first publication date.

I say "our work” because it would include the words as well as the images, i.e. the complete feature…


(Our work as seen on pages 107 to 113 in the January 2019 issue of Homes & Gardens magazine featuring Jacqui and Peter Kirk's Victorian rectory in the County Down town of Bangor)

.. but yes, if they also wanted to use one of my images on the the cover…


Out work as seen on the Cover, plus on pages 58 to 69 in the April 2019 issue of Ireland's Homes Interiors and Living magazine - featuring Jacqui and Peter Kirk's Victorian rectory in the County Down town of Bangor)

.. then I would ask them to pay me more for that additional use, or if they wanted to use one or more of the again for something else, or wanted to run the feature again in one of their other magazine, like so…


(Our work as seen on pages 20 to 24 in the September 2020 issue of 25 Beautiful Homes magazine - featuring Jacqui and Peter Kirk's Victorian rectory in the County Down town of Bangor)

.. .. then I obviously would expect them to pay me more for that additional use.

In my work with authors, a big picture of the author on the front cover was sometimes worth more than a much smaller picture on the inside back flap. For other shots, my fee represented the effort to take the picture, and the size it ran did not matter.

How many copies are made? If the picture goes into a flyer dropped off at house doors, why should the photographer get more money, or less, if the advertiser cuts or extends the route the carrier walks.

AS FOR LISTING USES ON THE INVOICE: The uses are items being sold, just like the images are items being sold. (and "sold" and "licensed" can be interchanged in many circumstances.

Anyway, by listing or not listing the client knows what's covered, more or less and open to discussion.

I would often send a client additional Quotes after all the images had been produced, but I would usually only ever send them one Invoice - which would be for the Licence to use my images (and possibly for the use of the words too, if they wanted me to provide them with that as well).

Finally. I think the sophistication of the client comes into play.

I reckon most of mine have been well trained - many may even have a degree in marketing and/or in business - so they definitely aren't stupid when it comes to the money side of things.

-
Creating images to tell a story... just for you!
Cheers,
Ashley.

 

[ampimagedotcom]

Do you actually ask them to pay you for 'the use of your images' when you are quoting them a price - or do you ask them beforehand to pay you for 'your time & expenses' instead of, or in exchange for, the use of your images afterwards?

Neither, really. I ask them to pay me for creating, in the sense of thinking up and planning what the pictures will look like, and then physically producing thise images, as negatives or computer files, and then usually as prints that are then discussed regarding how they will be used.

But the length of time we talk is not directly related to "charging for my time" and "expenses" slips are to places like a client supplying an airline ticket or a publisher buying lunch for herself, the author and me.

Would love see what the publishing company say they are actually agreeing to pay you for on their commissioning document.

For example:


(From TI Media Limited)


(From the BBC Worldwide)


(From Time Inc (UK) Ltd)

-
Creating images to tell a story... just for you!
Cheers,
Ashley.