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thelightofsound
25th of January 2007 (Thu), 15:07
i have been asked by a decently sized band to shoot a three night run, but they want to retain all the rights. how does the work for hire agreement affect your pricing?

sspellman
25th of January 2007 (Thu), 18:24
LOS-

I bump my rates by 4X in work for hire deals. Most clients back off and we come to a reasonable compromise.

-Scott

DaveG
25th of January 2007 (Thu), 19:21
i have been asked by a decently sized band to shoot a three night run, but they want to retain all the rights. how does the work for hire agreement affect your pricing?

Decide how much money you want and do it for that. Keep in mind a supply and demand curve as well. You are not the only game in town and if you are overpriced they will keep on looking. Although the odds are incredible make part of the deal that you too own the rights to the images. They can use them any way they like and so can you. On the million to one chance that they actually make it, you might have something of value.

In any case my basic approach would be to get what I could and then to move on. It might be nice to multiply your price four fold but I suspect that they will invite you to go forth and multiply, rather than negotiate.

That brings the second issue. If you are working with the band directly, rather than with their management, get the money up front. Bands are just about the worst organizations to give credit too. And I mean get the money BEFORE you do the shoot since it's likely that they won't have a dime when you make the delivery. Then the sad stories begin and you will be left holding the bag.

Now assuming that they did negotiate fees with you for different image uses, do you really think that there's a chance you can collect? Sure you can sue, and good luck with that, since there's that old legal principle about blood & rocks! I'd RATHER make the money up front since I have serious doubts about collecting on back loaded deals.

Now if you work with management (and I mean REAL management not their roadie) that is all going to be different, but beware of bands. And to all those bands out there who think that I'm unfair, I should introduce you to some from around here!

thelightofsound
25th of January 2007 (Thu), 19:59
thanks for the input. just a little more background. this is a band that it made it semi-big. although they do not sell millions of records, the are always in the top grossing touring bands. i am dealing with management. i just sold them some pictures to use for a tv commercial. i use a nice legal form i have in a book and had a lawyer review it. i think we were both happy with the deal. now they came back and asked me to shoot a run of shows (that i'm going to whether i shoot them or not) and want all rights. i am thinking of tell them i want enough for another L and a family pass for the year. this band has been my favorite band for 15 years. i spend a lot of money in tickets. i would also love to form a working relationship with them. so i am having a hard time finding the line of selling myself short and running them off.

sspellman
26th of January 2007 (Fri), 10:17
LOS-

You could use something similar to the following price structure-

1X- 1 year of commercial use
2X- 5 Years of comercial use
3X- Unrestricted comercial use
4X- Copyright transfer

x is your standard job or hourly rate. This is a very simplified structure for commercial use, but it helps educate your client. Let them pick the right level of cost vs. useage.

-S