A key cornerstone of any successful photography career is the art of licensing. We call it ‘art’ simply because it not an exact science.
Unless you are an employee, or are contracted to transfer ownership of your work to another person or entity, then operating as a freelance photographer ensures you retain intellectual property over your portfolio.
Consequently, it becomes imperative that every freelance photographer understands how to license his or her work. At Photography Workshop 101, we teach you how to negotiate with clients and get the best price for your creative vision.
There are many forms of licensing designed to protect your work ranging from commercial, non-commercial, exclusive and non-exclusive. Licensing can be a complicated topic, but we can help to simplify it.
For example, straight-forward commercial rights are often the most lucrative form of licensing; somebody pays you money to use your work in a specific manner, for a specific duration, in a specific commercial setting. By understanding commercial licensing, you can control how your work is used.
Non-commercial rights, on the other hand, cover entities such as non-profit organizations or personal use. Here, you may agree to grant noncommercial rights at a reduced rate in order to gain more exposure for your work.
The issue of serial rights is the exclusive domain of magazine publishing. It is crucial to understand that an exclusive agreement prevents you from exploiting your work elsewhere, and should be considered carefully.
By contrast, ‘first rights’ leave much more room for flexibility because they allow you to use your work elsewhere, albeit after a publication has exercised its option to use your imagery before anyone else. First rights are usually incorporated into television and film publishing deals.
Non-exclusive rights are much less limiting from a photographer’s point-of view, but you must ensure you retain control of your work by preventing a client from selling your images to third parties. By granting a well-worded non-exclusive license, the client cannot prevent you from exploiting your images elsewhere.
Possibly the most attractive form of licensing for any photographer is a ‘one time use’ agreement which is a very simple arrangement allowing single use of an image. You may even combined various forms of licensing, such as non-exclusive one-time use, in order to strengthen your earning potential.
An agreement that talks about ‘rights managed’ is more complicated, and can vary depending on specific aspects of use including, but not limited to, the size of the audience and the level of exclusivity.
You have probably heard of creative commons licensing, a fairly new form of licensing, generally associated with non-profit activities. Creative Commons licensing protects your ability to exploit your imagery elsewhere, attracts exposure to your work and ensures you receive at least a named credit for your work, which is always crucial in terms of building your professional
reputation.
As a professional photographer, one of the most difficult aspects of running a successful business lies in assessing the value of your work – both in terms of how much it costs to produce, and also in terms of how much a client is willing to pay.
Think about equipment costs, the time you have invested in training, the years you have spent developing your craft unpaid, time spent in pre-production, production and post-production. Nobody ever picked up a camera and shot a cover for Vogue without years of practice, and a lot of investment in hardware. Learn how to recoup your expenses in a professional environment.
When you tackle the notion of value, the best starting to point is to consider what type of ‘use’ an image will receive. Professional photography is generally broken down in three categories – commercial, editorial and retail.
Commercial photography deals with work used to sell a product or service; editorial focuses on journalistic use, and retail generally applies to a purchase for personal use, such as a wedding, for example. The key word in all of these categories is the type of ‘use’. The same image could be used for all three genres, but the type of licensing is dependent upon it’s proposed use.
Knowing how to sell yourself is one of the most difficult aspects of any creative industry. Remember, you are a unique artist; there is only one you, and you have intrinsic value that cannot be found elsewhere.
At Photography Workshops 101, we demystify the licensing process and help you protect and enhance your lucrative income.
You’ll emerge from the workshop with renewed energy and an enhanced sense of self-worth.