Full Rights to Client at 400% Markup

One of my clients is requesting full rights to the images I'm about to produce for them. Contract is signed and they get unlimited usage rights per contract but they want to own the rights so they can resell them if they wish. I originally told them that it is uncommon and not many photographers will actually release the images in that fashion but I also mentioned that I will do it at 400% mark up on my originally quoted price.

What is your take?

I believe ASMP recommends a 10x markup for full copyright buyout.

If it's a deal breaker then you might sell the rights.
If they are going to make alot of money from your piccies then you too should make a bit as well.

Spec what they are allowed to do in the contract.

Savy negotiators will try this all the time. You have to out savy them

Looking at your site, your images are very commercial in nature. Id be cautious to sign it all away. Of course, only you know what the image is

What was your original quote for? If it was for a 4x6 print, 400% markup is kinda silly Personally, I don't see any reason why anyone would want such rights: such requests are usually based on misconceptions of copyright, usage rights etc.

If you'd offer them an exclusive, royalty-free license, what more could they possibly want? Selling your picture? Why would they want to do that? And if they think they can sell enough licenses to break even on buying full copyrights, you should think again if it is wise to give up ALL your rights on such an -apparently- special photo.

Giving them an exclusive use cuts you off at the knees - you can't do anything else. If they want exclusive, they need to pay for exclusive.

4x is reasonable and the markup I use in my price calculator.

when someone wants full rights to something I did, I run up the red flag. When someone says come and bring all your equipment and all your skills and take photos (a permanent recording of something) and then says we get all the images you took and you can do nothing with them, but we can do anything we want with them, I want to know why. I want to know if there is something they know that I don't.

If you sold someone land for 400% more than it was valued wouldn't you want to know why they agree without hesitation? Big red flag.

They didn't take the pictures, then why do they need to own 100% of the rights. Scares me.

I certainly understand the whole someone might sue paranoia, but that's a risk you both take. I have yet to see a lawyer sign off on a contract without wanting to make some changes. If they came to me and said they were going to have their lawyers read over the contract, I would have known right then and there that it would not be accepted.

I can say this, looking at your website and seeing some of the images taken, example: the large machines that appear to be medical image scanners. You go in and take pictures of someones office and then sign over full rights and the manufacturer of the machine comes along and says they want to use that image to put in their annual report and pay your client 10x what they paid you to use it.

This may happen and this may not happen, but you would have the right to sell the manufacturer the image if you stuck with your contract.

Who to say they can't turn around and sue you claiming you over charged them for the rights.

If you charge and they pay, they can't sue you for overcharging unless you lie on an expense amount. Not on this kind of product. There is no "standard fee" for art on which to base a claim of "overcharging."

In these pricing threads, I always seem people preaching what seems to be ridicilous amounts of money that in my real world experience, are totally and utterly laughable.

I wonder, amoung those that are saying the 400% markup isn't enough, how many REGULARLY and as a matter of course actually sell their work for a higher amount to similar clients with similar shots and in a similar situation?

It's real easy to say what you think a person should be getting or what you think something is worth, getting that in the real world is I have found to be a very different thing.

I always see replys that are stated as " You Should" but never as " I get" or " My clients pay me this much regularly". There is a big difference between advise and experience.
I think the question of who is regularly getting the amounts they preach is the pertinent question to support the advise given.

The other thing that gets me with many replies to these type of questions is that by extrapolation, people seem to espouse that getting nothing for an image and having it sit on a persons computer doing nothing and never seeing the light of day is somehow a more desirable outcome that getting something for it.

When I see these kinds of replies I am left wondering if the people by virtue recommending such outcomes are actually in business making a living off photography or just part timers or less parroting baseless forum mantras created by those basing their opinions on their own theory rather that real world experience.

Photography is the only source of income for my family and has been for a long time. Clients do pay 10x markups for the copyright on images.

You would probably be surprised what real clients do pay. If you are a good business person, you can be extremely successful.

I would much rather not get a sale than undervalue my work a great deal.

Thomas Campbell wrote in post #15204249
I would much rather not get a sale than undervalue my work a great deal.

Indeed. Set the bar low and you have no leverage next time.

Selling to the first bidder no matter the price is a short term view, not a long term one.

Thomas Campbell wrote in post #15204249
Photography is the only source of income for my family and has been for a long time. Clients do pay 10x markups for the copyright on images.

You would probably be surprised what real clients do pay. If you are a good business person, you can be extremely successful.

Do YOUR clients pay YOU 10X the price for Copyrights on YOUR work as a regular thing?

I understand it may happen, what I'm trying to ascertain is if this is a rarity or a common thing and how many people actually are able to get clients to pay that in THEIR business.

glumpy wrote in post #15204602
Do YOUR clients pay YOU 10X the price for Copyrights on YOUR work as a regular thing?

I understand it may happen, what I'm trying to ascertain is if this is a rarity or a common thing and how many people actually are able to get clients to pay that in THEIR business.

Most clients do not do a full copyright buy out. My clients do pay 10x for copyright.

Go to the Nissan dealership. Do they regularly sell the GT-R? No. Do some people buy it? Yeah. But they regularly sell the Altima and 370Z.