Determining fees

Creative people do not usually charge fees based solely on the time and materials we expend. Rather, we figure charges based at least partly on the continued usage of the product. Consequently, we usually choose the reproduction factor as the main element of our pricing strategy because it is the most fair for our clients and for ourselves.

We collect these fees as reproduction fees in the form of selling prints and suppling the client with additional copies of the digital images. Here’s how it works:

1. When we shoot the original project we charge a creative fee, a production fee and a fee for prepping the images you need for the original project (see below for fee descriptions.)
   
2. We then store the original file to make prints for trade show posters, display prints and for reformatting for additional digital uses.
   
3. When it's time for the next project, you just contact us, we get the specs and give you a file sized to the proper resolution and set up in the proper format for the use needed.
   
4. The images will always be available for use at a later date, so if you need to use them for multiple purposes, you know they are just a phone call or an email away.
   
5. The ultimate goal is to arrive at a price that is both reasonable and fair for everyone.

The more an image is used and the more money that is spent to publish and promote that image, then the more it attracts the public interest which in turn leads to greater sales for a product or publication. Like other creative services providers, photographers do not usually charge fees based solely on the time and materials. As any professional becomes skilled in his or her craft, the efficiency with which we perform that task improves—and the quality increases. If we charged based solely on time, we would be disregarding the very benefit that our clients get from hiring a professional, such as:

• Investments in digital equipment and software, and back-up equipment
  
• Flexibility and innovation to adjust the shoot in reaction to the unexpected
  
• Liability insurance
  
• Other expenses that streamline and safeguard the process.
  
• Our contacts and resources in the industry that help ensure a smooth and successful experience for our clients.
  

Creative fees

A creative fee is the minimum amount I charge to produce the photograph(s) you require. It takes into account:

• Time spent both before and after the day of the actual shoot
  
• The total time necessary to photograph (the shoot itself)
  
• The complexity of the shoot
  
• The originality and degree of difficulty of the idea
  
• The client's deadline

In return, you receive images that are tailored to your exact needs and that have never been seen or used before. You can be sure that, they will never show up in direct competition or at cross purposes to your intent.

Production Fees

Production charges are the charges associated with actually producing your specific job. These charges include:

• Digital shots
  
• Transfer and editing of digital shots
  
• Creating proofs on CD's or website
  
• Color and density corrections of images on a calibrated monitor
  
• CMYK conversions
  
• Storage of images
  
• Any excessive time spent before the shoot on things like set building, scouting, or traveling to the location
  
• Mileage for travel beyond the allotted 20 miles per location or assignment (at or near the rate established by the IRS for tax purpose)
  
• Assistant's fees when necessary
  A Note About Assistants: On certain jobs an assistant is a necessary expense. As a percentage of the total cost of the shoot, the cost of an assistant is usually very small. Assistants are aspiring professional photographers with experience and knowledge in their own right. They provide an extra set of hands and eyes that can solve problems and observe details while the photographer is busy—freeing the photographer to better do what the client is paying for - creating original, inspiring images. In that sense, they are a good deal for the client—a sort of "creative insurance, if you will—and not an unnecessary expense.

Reproduction Fees and Prints

An essential component of a photographer's income is derived from the reproduction of our images in the form of prints and digital reproductions.

When you need another digital image for use in magazine ads, annual reports, etc., we go back to the original RGB image that contains all the raw information. From there we format the image for optimum reproduction for the specified use. The only charge involved is a fee of $10 to $25 depending on the file size needed.

We do not charge usage fees for addition usage of our image in most cases. If we shoot it for you you may use it as you see fit. However we do require that we make any additional copies you might need of the photograph in the form of prints or digital files We will make sure the files are formatted properly for each use.

Remember, although you may have the equipment to copy or print the image yourself, you do not have the legal right to do so. Possession of digital images, transparencies, photographs or negatives does not give one the right to reproduce or copy them. Under federal copyright law, the photographer is the owner of the photograph unless there is a written transfer of copyright ownership. Accordingly, it is important that the client understands this in advance.

Since no outside printer will ever be as committed to producing as high-quality prints from our work as we will, we highly recommend that you allow us to produce your reprints. We have a full state-of-the-art inhouse printshop and are very competitive in our pricing. If you or your ad agency feel the need to obtain prints from a third party printer, a reproduction fee will be charges based on the size of print being reproduced.

When your needs outweigh your budget
Distinguish between your wants and your needs. Instead of cutting corners on quality, look for getting greater value from your photography dollar. There are always ways to pay less for photography - but bargains can be expensive.
Know when the expertise of the photographer will save money in the long run.

Copyright and Intellectual Property
Intellectual Property is the legal concept that certain types of ideas may be owned by individuals, corporations, or even governments. Ideas that nobody owns are in the "public domain," which means anyone can legally do whatever they like with them. Intellectual property laws are laws that partition off portions of the public domain and give the credit for, and rights to profit from, those ideas to specific owners. In the United States, these laws have their basis in the US Constitution (article I, section 8) and are enforced as federal laws.
The three major types of laws that create intellectual property are trademarks, patents, and copyrights. "Copy right" is, literally, the right to make copies of an original, creative work such as a piece of writing, art, software, music, etc. Any copyrightable work is automatically granted a copyright, which must be specifically sold or given away (to someone else, or into the public domain) in order to be lost. The copyright holder doesn't have to formally apply for a copyright, or even to publicly state that the work is copyrighted, and is the only one who has the right to make, distribute, or profit from copies.

Permission to make a copy of a copyrighted work is called a copyright license, or usage license. Licensing is the standard way the copyright holder delegates some or all of their rights to a work, to someone else. When you buy a book, or a music CD, or software, what you're really buying is a license that allows that copy of the copyrighted work to exist. The actual copy you get is a really just a convenience, since with modern technology like computers and photocopiers, copies are easy to make for yourself. But, without the license, you would be breaking the law by doing so. A copyright license is a legal agreement stating under what conditions someone other than the copyright holder can use the copyrighted work. Without a valid license, copies of the work cannot legally exist.

Copyright infringement, or using a copyrighted work without a proper license, is a serious federal offense. Large sums of money have been lost, as have jobs and careers, because people decided to ignore the copyright laws. Nowadays, copyright infringement is being treated as seriously as sexual harassment in corporate America and by the judicial system. According to the law, the responsibility lies with the user or publisher to determine, before publication, who owns the copyright to a work and to obtain the necessary license for any use. The law is very clear in that regard. Failure to do so constitutes an infringement and the copyright owner may be entitled to a punitive damage award of up to $180,000 in addition to a monetary award for the usage, plus attorney's fees and court costs. Usage on the Internet follows the same regulations as other, more traditional uses. Free access to the Internet does not mean that its content is within the public domain.
For more information on copyright, please see www.editorialphoto.com/copyright , www.whatiscopyright.org or www.loc.gov/copyright/
Licensing, Not Selling

Like most full-time photographers who intend to be around long enough to develop lasting relationships and who want to be a consistent source of high quality images for their clients, I am primarily in the business of producing and selling reproductions of the photographs that I shoot. Charging only to create the images is not profitable for me as an independent photographer who, unlike an employee, must provide not only my own salary, but also my own paid sick and vacation days, my own health, disability, and liability insurance benefits, my own retirement plan, my own photo and office equipment, and all of the other expenses that constitute any other business's overhead. Photo buyers who are relying on the flexibility and spontaneity of hiring a freelancer must also accept the trade-off of paying for the services based on a business-to-business model, rather than an employee-to-employer model.

As discussed in the section on determining fees, I follow the same business model for my work as do other creative industries when they rent, lease, or charge based on usage rather than actually transferring the ownership of their creative work. When your company pays for computer software, for instance, they pay based on the number of work stations where the software will be installed. If you rent a movie on the way home from work, you will pay a higher fee for a new release than for an older movie, or you will pay more money to keep a movie for five days than for just two, right? These are licensing agreements where charges are based upon the benefit being gained by the user, and commercial photography works the same way.

No one image can be formated for optimum use across multiple media formats, we will provided you with the ideal image for each use. Clients receive an image that is tailored to their specific needs, and do not have to worry about seeing the same image that they are using to promote an environmental cause show up on the outside of a tube of particularly fresh-smelling underarm deodorant. Royalty-free and "clip art" discs are a cheap source of photos, but remember that they are a cheap source of photos for a lot of people whose purposes are often at odds with each other.
Although the term "buyout" has no legal value, it is sometimes used by buyers to describe a transfer of rights, or to indicate their desire for "all rights". Because of the liability issue involved in a copyright transfer, as well as the tax implications here in South Carolina, I almost never agree to sell my copyright, for any fee. If a client needs multiple usage for an image, I am happy to negotiate to fill their needs. Determining the actual needs, while sometimes difficult, is always a more prudent and practical way to go.

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