Usage of Lake Placid image as a Post Card

[claudiocambon]

I would pass. The rate is so low that you can afford to (100 isn't going to break your bank, I assume!), and it helps send a message that your images are worth more. Photographers only hurt themselves when they go this low with this quality of work. The tougher calls are when it's for real money but humilating terms (full non-exclusive but unlimited, indefinite buyout for global corporate advertising in all media for 1,000, just to throw out a number). In that case you might need that money, and would be more tempted.

Have you made a counter-offer that is acceptable to you? You have nothing to lose by doing so.

By the way, rates used to be around 500 for first runs....

[Kerry L. Thalmann]

Rich,

As low as $100 sounds, it's pretty much the going rate for small regional post card and souvenir publishers. National publishers will pay more ($150 - $200), but still not enough to get excited about.

I've licensed a number of my images to both regional and national publishers. The way I look at this is will this sale be an isolated one-time event (in which case it's probably not worth the 100 bucks), or is it likely to lead to additional sales with this client. Two examples:

I have an image of Bryce Canyon that was originally part of a large submission to a regional calendar/post card/souvenir publisher. I submitted the photos specifically for their annual calendar submission request. Even though their rate for one-time calendar usage seemed low ($125 at the time - which I knew was comparable to my local regional publishers for the same usage), I figured it was worth the time to send them a submission as it was a good way to get my foot in the door at another client. Besides, photos sitting in my stock files don't earn any money. They need to be in circulation to generate sales.

So, I sent in a batch of 4x5 transparencies. They ended up selecting five of my images for their calendar series that year. So, that submission lead to $625 in initial sales. Plus, it got my foot in the door with that publisher. Right away, they sought permission to re-use one of the images (a Monument Valley shot) for several additional souvenir products. That lead to >$2000 in additional sales for that image.

About a year after the initial calendar sale, they started regularly asking me for additional rights to use the Bryce Canyon image. Over the last six years, additional usage fees for that image have totaled >$5600. The individual fees aren't anything to get excited about ($75 - $400), but it all adds up. Just last week, I sent them contracts and invoices for an additional $1200 in usage fees. In additional to the initial calendar usage, they've used that image for all sorts of souvenirs from key chains and coffee mugs to puzzles and posters. If I would have just looked at their low original calendar fee, I probably wouldn't have thought it worth my time to even pull a submission together which means I would have never gotten the additional sales of those images. It also helped establish a relationship with that publisher than has lead to sales of other images.

Second example... Several years ago a local paper products publisher was looking to re-do their series of souvenir photo books. These are small books full of photos of area landmarks that typically sell for $4.95 - $6.95 and are usually displayed adjacent to the post card racks in gift shops. I had worked with them in the past (they were my first stock sale a couple years prior and a regular client). As they were a smaller regional publisher, their rates were at the low end of an already low market. But, they were local and had always used quite a bit of my work. They were easy to work with and paid promptly.

So, when they called and requested a submission for their Oregon souvenir book series, I pulled together a largesubmission, even though I knew they were only paying $50 per image for inside usage, $100 for the cover and $100 for the centerfold. Another local photographer I know, who was more well known in the local market, told them he would submit, but his minimum usage fee was $100 per image.

They ended up using a lot of my images (17 in the first book in the series, 12 in the second, 5 in the third, etc.). All total, that one submission lead to $2200 in sales - and they gave me a bunch free sample copies of the books that made great promotional material. The guy with the $100 minimum got exactly that - $100. They used exactly one of his images for the centerfold in one of the books. $2200 isn't a huge sale, but to get that from a single submission to a small regional publisher was definitely worth the time and effort. It also helped cement an already good working relationship with that publisher that no doubt lead to additional future sales.

So, do you think this one sale will lead to a working relationship with this publisher and additional future sales? If so, go for it. I really don't see that you have anything to lose. Many well known fine art photographer also sell post cards, no cards and posters of their best selling images. It's just a way to generate a little more income and a lot of name recognition from the people who probably wouldn't buy your fine art prints anyway - and get your name and work in front of more people who might be interested in purchasing a fine art print of the image they saw on a post card at the local gift shop. I have also sold prints of that Bryce Canyon image to people who saw it in the gift shop at Ruby's Inn and wanted something a little more substantial than a key chain or coffee mug. These are print sales that I would not have gotten without the initial calendar usage and subsequent souvenir sales to the same publisher.

On the other hand, if they don't seem interested in using more of your work and want something ridiculous like exclusive, perpetual rights, run the other way. I have found a lot of times publishers ask for more rights than they really need. In addition to higher fees, limiting rights are another negotiating tactic. When you do reach agreement on what rights they will be granted and how much it will cost, be sure to include that in any contracts and invoices - and most importantly make sure they are aware (and it's stated in writing) that those are the ONLY rights granted upon payment of that invoice. Any additional rights will be negotiated, paid, licensed and invoiced separately. This both protects you and opens the door for additional future sales.

Kerry

[Wayne Crider]

Thanks for writing that information to us Kerry. It was enlightening.

[naturephoto1]

Hi Kerry,

Thanks for the information. Usually my stock sales are through the stock agency that represents my work. But, I haven't supplied additional work in years. That is how my photo of a White Bengal Tiger was licensed and used in the Microsoft Encarta since its inception. Microsoft is a tough client and they forced the single usage I believe for 7 years and renewed it I believe for an additional 7 years. They also used it to advertise the Encarta. Boy was I pissed for for the little that we were paid. I am certainly not going to alert my stock agency for this possible sale since these images are not in their possession.

I will discuss the situation with Postcard company to determine how they wish to license the work and if they would be interested in the other photos as well. I will certainly limit the licensing of the work if I go forward with their offer.

Rich