Rights to images on CD

Curtis Cunningham · #1 09-23-2008, 11:24 PM

I had a consultation tonight with a client who is getting some family portraits taken this weekend. She asked about the rights to the images on a CD and I told her that I normally wait and see how many images I take before I decide what price to charge. Then later after I left I thought about waiting to see how many prints they order, and then charging a surcharge per ordered picture and using that as my model for the cost to the rights to the images.

For those who have experience with this scenario, how do you handle the pricing of the rights to your images?

Thanks,
Curtis

michaelnotar · #2 09-24-2008, 02:56 AM

consider all the sales you would make in 2 years in selling the prints as a base point. i also realize that they can make as many as they want and you are more inclined to make 8-5x7s at the lab when they are only $1.25 vs buying 8 from a photographer. so account for that.

i dont sell rights for portrait sessions, i offer low res images for email only no printing. i only shoot to burn for weddings and ask for $2000 to shoot 2 hrs with a cd. i dont want to be competitive, i dont want to do this often, i want to have numbers ready if someone is really willing to pay up.

DougAxford · #3 09-24-2008, 11:41 AM

I'm close to Michael on this one. I sell weddings but not portraits on DVDs. I've lost a few portraits, but that means that I've lost a few PITA accounts. "One 8x10 and the DVD please"

Weddings seem prepared to pay a fair dollar for your time on the day - portraits don't. That's the bottom line to me. We've had this discussion here before and when I see the final numbers, I can't find too many that can command $1,000. for a family sitting with DVD and no prints at all.

The only thing I would caution against is assuming that if you sell them a low rez that they won't make larger prints from it. They will and they'll look awful (in my opinion).

I'd be more inclined to go for a slide show that can't as easily be grabbed & printed. That seems to satisfy many. Lots of choices on slide show programs that produce a slick show and it makes the whole thing more professional.

I foresee a grim future in keeping portraits away from the 'shoot & burn' marketing. It is going to happen eventually, just like weddings.

ChrisPerry · #4 09-24-2008, 12:15 PM

I don't do many family ports, but do seniors and babies/kids. The seniors get what they buy as low res files (5 poses in a package then they get those 5 poses).
Babies never ask, I mean, the mom's don't. It's not something that I offer and they don't ask...so far.
For some event work I charge $35/file, edited and retouched. I was charging the same as an 8x10 and got no resistance to that pricing, so it's gone up for this year (it's mainly a HS reunion type of thing).

I'd be willing to give up the files for the images they bought for babies and families based on one calculation. What do I want my average to be? If they exceed that by 50% then they can have it. If I want my average baby to spend $350/session then if they spend around $525 I'm OK with giving up the files. At least until it becomes commonplace.

Mostly it's a precedent thing. I had a senior mom ask about getting all the images on disk...I don't like release non-edited images for one, but since they're unlikely to spend more in the future on pics of this session my goal is to get referrals from them...so she offered $75 for a disk..lo res unedited I might agree to.

What family folks often want is christmas card images, so offer them a deal on christmas cards - offer to sell them 100 at $2 per and throw in the CD and see if they still want the CD.

Curtis Cunningham · #5 10-01-2008, 11:35 AM

My client decided to go the route of buying the images as opposed to getting prints. In the end I'm happy with how things went, and my client is happy with the images.

My question for those who have sold the rights to images on CD's to their clients is, when you release the images, do you specify that they are not allowed to make copies of the images on the disc?

I just wondered about letting my client know that if they lose the disc or they damage it somehow, that there will be additional charges should they require another copy from me.

DougAxford · #6 10-01-2008, 01:03 PM

Once you've given them the CD, any conditions you apply for not making copies is a complete waste of time. You're better off suggesting that they do make copies and relieve yourself of any responsibility of archiving the files.

If it's a commercial shoot, you sould have specific rights in writing, but a personal portrait is hardly worth it unless it's the Palin family and you see big $$ in the future.

DougA

Jerry Skrocki · #7 10-01-2008, 01:49 PM

It's all in the language of the contract. You either license use of the images for a particular purpose or you sell the rights (copyright). The later gives the photographer no right to use or sell the image again.

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