Selling photos from photoshoot

[Ryan_]

Hello,

I shot for a local magazine last year. One of the people that I photographed has reached out and is interested in acquiring the photos. They are interiors and portraits. I've been paid by the magazine only. I reviewed the contract I signed with the magazine and I can sell them now if I wish.

I'm assuming the client wants all of the photos from that session (all of the "picks" anyways). I know the price will depend on your area and perhaps other factors, but is there some sort of guideline for this?

 

[ajfotofilmagem]

Was the photographic equipment yours, or the magazine that hired you?

In my country, intellectual property continues to belong to the photographer, even if he is working for a press body. If the contract with the magazine allows you to sell the photos, and the law of your country allows you the intellectual property, go ahead.

 

[Ryan_]

Was the photographic equipment yours, or the magazine that hired you?

In my country, intellectual property continues to belong to the photographer, even if he is working for a press body. If the contract with the magazine allows you to sell the photos, and the law of your country allows you the intellectual property, go ahead.

It was my photographic equipment. I never technically worked for the mag, it was always just free lance work.

And yes, I am allowed to sell the photos, as per the contract I signed with them. I was just trying to figure out pricing on this. The amount of photos would probably be around 20, give or take some. Should I just be charging the original fee that the magazine paid for me for the shoot, or is there another way I should rate this? I've never really sold files.

 

[monkey44]

Are you in USA?

We are, and have worked freelance for years - we always keep rights to images we shoot unless the contract gives the right to the company that hires me ... and we've sold multiple copies of many images to many venues ...

It also depends of the buyer and its use going forward, and the subject. For example, you'd probably get in trouble if you sold a wedding photo with recognizable people in it for later commercial use. But if you shot a parade or a public sports game and sold those images, probably not.

Tell us what the subject is, and the sales agreement? And we can help - both with potential rights (you say you have those) and pricing. Our images sell for as little as $10 for 8x10 kid at a LL baseball game to several hundred or more for a one-time magazine cover shot.

Remember, if you give a digital file - no telling how or where that could end up ... so you need to take care with potential liability issues if you transfer a file - especially an HD file.

 

[unfocused]

As for pricing, you can set the price at whatever the market will bear. No standard guidelines exist. Personally, I would take into consideration what the original customer paid you and make sure you aren't giving the new buyer a better deal. you don't want your original customer to feel like they got ripped off.

You mentioned portraits. Are the buyers the people in the photos? If not, how are the new customers going to use the photos?

If the portraits were originally used as part of a magazine story, you didn't need a release. But now, if the new buyer wants to use the portraits foe anything other than editorial content (news story)' you may need a release. For example, if the new buyer is using the portraits to sell products or services and you don't have a release, then you would be appropriating the individual's identity for commercial gain and that falls under different rules than a magazine story.

Bottom line, if someone's image is used for editorial or artistic comment that generally protected and the only worry would be liable. But if an image is used to sell a product or service, you need a release.

 

[timmy_650]

I can tell you when you are haggling it is nice for the other party to set the starting price just in general. You get an idea where they are with price. Bc they contacted you and you say what are you willing to pay for them (in a nicer way) If they say $100 you know they probably wont pay $1000 but maybe $200. If you go first and say $300 and that is out of their budget, you might not here back from them.
If it was me a lot would depend on what the person wants it for... If they just want a 8x10 to put the on wall.

 

[Ryan_]

Are you in USA?

We are, and have worked freelance for years - we always keep rights to images we shoot unless the contract gives the right to the company that hires me ... and we've sold multiple copies of many images to many venues ...

It also depends of the buyer and its use going forward, and the subject. For example, you'd probably get in trouble if you sold a wedding photo with recognizable people in it for later commercial use. But if you shot a parade or a public sports game and sold those images, probably not.

Tell us what the subject is, and the sales agreement? And we can help - both with potential rights (you say you have those) and pricing. Our images sell for as little as $10 for 8x10 kid at a LL baseball game to several hundred or more for a one-time magazine cover shot.

Remember, if you give a digital file - no telling how or where that could end up ... so you need to take care with potential liability issues if you transfer a file - especially an HD file.

Yes USA. Subject is interiors of a house, with a few portraits. The client is an interior designer. I have the rights to the photos. The client would like to purchase the files. I don't know what for. My guess is for their portfolio and for future use perhaps in other publications. I plan on just selling them high res processed JPGS (the files I processed from the RAWs). As of now I plan on charging what the magazine paid me to shoot the photos in the first place. It seems about right to me, but I am open to input.

 

[monkey44]

Are you in USA?

We are, and have worked freelance for years - we always keep rights to images we shoot unless the contract gives the right to the company that hires me ... and we've sold multiple copies of many images to many venues ...

It also depends of the buyer and its use going forward, and the subject. For example, you'd probably get in trouble if you sold a wedding photo with recognizable people in it for later commercial use. But if you shot a parade or a public sports game and sold those images, probably not.

Tell us what the subject is, and the sales agreement? And we can help - both with potential rights (you say you have those) and pricing. Our images sell for as little as $10 for 8x10 kid at a LL baseball game to several hundred or more for a one-time magazine cover shot.

Remember, if you give a digital file - no telling how or where that could end up ... so you need to take care with potential liability issues if you transfer a file - especially an HD file.

Yes USA. Subject is interiors of a house, with a few portraits. The client is an interior designer. I have the rights to the photos. The client would like to purchase the files. I don't know what for. My guess is for their portfolio and for future use perhaps in other publications. I plan on just selling them high res processed JPGS (the files I processed from the RAWs). As of now I plan on charging what the magazine paid me to shoot the photos in the first place. It seems about right to me, but I am open to input.

Price is probably fine -- however, you have no control of the future use - and if this designer uses these images in a commercial product or advertising, you probably need signed model permissions if any person appears, and signed owner permissions for buildings.

It's a very tough call once the commercial use engages ... and again, you have no control after the fact, once you give up digital files. It's a future liability situation for you, regardless if it's a friend or acquaintance, you still lose control. Commercial use is a real problem if you have no releases - I'd suggest you get releases for models and buildings / interiors before you sell files. OR, just produce the images or advertising media yourself for the client (friend?), and keep the digital files.

I know, seems like a small issue - but with digital creations today, pirating, selling, accidental release can really get us in trouble if someone later complains ... and there are no 'do overs' ...

 

[Ryan_]

Are you in USA?

We are, and have worked freelance for years - we always keep rights to images we shoot unless the contract gives the right to the company that hires me ... and we've sold multiple copies of many images to many venues ...

It also depends of the buyer and its use going forward, and the subject. For example, you'd probably get in trouble if you sold a wedding photo with recognizable people in it for later commercial use. But if you shot a parade or a public sports game and sold those images, probably not.

Tell us what the subject is, and the sales agreement? And we can help - both with potential rights (you say you have those) and pricing. Our images sell for as little as $10 for 8x10 kid at a LL baseball game to several hundred or more for a one-time magazine cover shot.

Remember, if you give a digital file - no telling how or where that could end up ... so you need to take care with potential liability issues if you transfer a file - especially an HD file.

Yes USA. Subject is interiors of a house, with a few portraits. The client is an interior designer. I have the rights to the photos. The client would like to purchase the files. I don't know what for. My guess is for their portfolio and for future use perhaps in other publications. I plan on just selling them high res processed JPGS (the files I processed from the RAWs). As of now I plan on charging what the magazine paid me to shoot the photos in the first place. It seems about right to me, but I am open to input.

Price is probably fine -- however, you have no control of the future use - and if this designer uses these images in a commercial product or advertising, you probably need signed model permissions if any person appears, and signed owner permissions for buildings.

It's a very tough call once the commercial use engages ... and again, you have no control after the fact, once you give up digital files. It's a future liability situation for you, regardless if it's a friend or acquaintance, you still lose control. Commercial use is a real problem if you have no releases - I'd suggest you get releases for models and buildings / interiors before you sell files. OR, just produce the images or advertising media yourself for the client (friend?), and keep the digital files.

I know, seems like a small issue - but with digital creations today, pirating, selling, accidental release can really get us in trouble if someone later complains ... and there are no 'do overs' ...

Thanks monkey44. The only person in any of these photos is the person buying them, and the house is their house, so I'm not stressing the release. I've actually decided to do a per file price. I remember someone from a different photoshoot (same magazine, different person I was photographing) asked if I would send them the photo for a price they mentioned. I think its a fair price, if anything a little high but I believe the market can handle it. I can always come down if need be. I like the price per file model, especially since I've already been paid for my time on that shoot. I can be much more consistent with this, and I think it's more fair to both of us.

 

[monkey44]

Good luck - always nice to sell multi-shots - makes you work less and stick a few extra bucks in your pocket.