Photo Licensing Questions

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United States United StatesMedical rate for assignment?

i shot a 2 day shoot for a MAJOR medical device company that everyone know. It's for a calibrated medical scale and licensing was for that purpose only (to be used in clinics as a medical scale). It was a technically challenging shoot and difficult to do well. I shot about 50 patients and 15 of the images were eventually licensed.

I used an assistant for both days, travel time was within 15 min drive. Post processing, digital capture fee ect.

What would you price this job? I priced it at about $17k for creative fee, expenses and two year license.

Thanks.

Shooter

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Btw that's what the client paid, just curios how others would price it. There is potential for more licensing for different usage (have licensed from those images to a different department of that company for abut $5k. Now there is talk about buying copyright for the 15 images. Reason being that they want to file a patent but can't do so if they don't own the copyright since it's essentially for a scale with my photos that I own copyright.

What would you charge to sell copyright to those 15 photos?

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August 17, 2011

Shooter

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3 Answers

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Answered August 18, 2011

Well, they've already proven that it has value to them since they paid the 17K and subsequent 5k. 

If you're standing between them and the patent than I think that you have the advantage. I can't quite picture what the issue is but if they think that they have to buy it than let them. The other side of this is that the technology will probably be somewhat obsolete in 5 years so reuse, on your part, might be limited. Also, I'm assuming that you had the patients sign releases. Just to be completely sure that you're covered I would check the laws in your state on any reuse, especially having to do with medical privacy laws. Not sure that there's anything there, I just always try to put myself in the client's shoes to figure out how I would negotiate if I were them.

I'd start with $100K. Even if they balk they have no choice but to play ball. So maybe they talk you down– it's still all in the black. Let them prove to their bean counters that they at least tried. 

Sell the images, and then take a nice vacation. 

The only downside is that they will likely decide that in the future all medical device photos will be a work-for-hire.

Good luck.

My recommended Price Range:
minimum Price
$50,000
average Price
$75,000
maximum Price
$100,000
Currency
USD
mrphoto

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I was thinking that was a good starting point as well. They have always done work for hire but needed the work done quick and right so I negotiated a license instead of work for hire. I told they they could do work for higher but it would be very expensive and much cheaper to license so they went that route. Once you work the numbers with them it becomes clear and they can see the value.

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August 29, 2011

Shooter

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Seth Resnick answered:
Answered August 28, 2011

The answer to what a fair price would be all depends on what the usage was. If the fee was 17K and they used them on the web and in a brochure you are in the ballpark. if the usage was multiyear and multinational and included advertising in major magazines, television and or billboards then you were way off. One of the most fair ways to price the usage would be based on a percentage of the overall media buy which could have been hugh.

Seth Resnick

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Thanks Seth, no commercial, just for a medical scale to be used by doctors in the USA.

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August 29, 2011

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Tony Clark answered:
Answered August 18, 2011

I would need a little more information before I could quote a fee. Exactly how are the images to be used and for how long? What is the exact language used in your licensing agreement?

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