Photo usage rights for a television pilot

[BarryS]

A television studio would like to license one of my photos for use in a pilot and I'm trying to get an idea of what to charge for usage rights. For a small indie production, I'd just give them limited usage rights, but this is a big production from a major studio and the contract/release does specify "good and valuable consideration" in exchange for the rights. The photo will be used as a significant prop. Maybe not as significant as the falcon in The Maltese Falcon, but prominent in at least one scene. The usage rights would also cover multiple future uses, although I have no idea whether it would be used beyond the pilot.

Any ideas here on a reasonable and customary usage fee? Thanks!

[SAShruby]

$5 million. ;)

[BarryS]

$5 million. ;)

If you're applying to be my agent--you're hired!

[claudiocambon]

Be very careful about the "multiple future uses" part. Each use, actual or potential should be carefully delineated and envisaged. If you can't see it, don't do it. The movie and TV business thrives on screwing people over.

[Richard M. Coda]

Double whatever you already had in mind. Then the government will take away half and you'll be back to square one.

[BarryS]

The issue is I have no idea of what to ask. I regularly sell my photos, but this is outside of my experience. My usual fallback when I have no idea of what to charge is to ask what they've budgeted and work from there. I prefer to avoid doing that if I can get any information.

[Robert Oliver]

There was a section in the book "Negotiating Stock Photo Prices" that covered TV usage.

I was asked to give a quote a few times for usages like that, but I never got the sale. I must have been asking too much.

[Frank Petronio]

Can't you plug it into Getty?

Or ask at PDN/APA/ASMP?

Or, probably the best, ask a good national level rep, Michael Ash or someone like that. Heck they might even negotiate it for a percentage and you'd get on their radar screen to boot.

It better be a unique picture....

[BarryS]

Robert-- Do you remember how much you asked for?

Frank-- Thanks, I'll try asking at ASMP or PDN--not sure it warrants a rep, although the production designer thinks it's unique.

[Big Fish]

HI Franks..

1. You can get the Motion Picture and TV rights agreements on line.
2. Look at our professional organizations NAPP, SAG, WGA, etc.
3. Is it a start up TV copmany?
4. A pilot?
5. What is your photo selling?
6. If program is successful, what is the brand recognition with your photo?
7. Are credits prominently displayed.

As a default, take any credit and cash, and put in a graduated fee based on performance and revenue stream of the production.

Just some thoughts...

Big Fish

[bdkphoto]

Register at Getty, or use FotoQuote. You'll get pretty good numbers there. Only takes a couple of minutes. FotoQuote will also give you the licensing language to include in the agreement.

[BarryS]

Bingo! Getty not only has prices, but let me know I need to ask about international usage and whether the image will be only used in the pilot or in other episodes. It looks like typical fees starts at around $350 and run up to $2000 depending on how extensive the usage.

[BarryS]

Well, that was easy. I came up with an average comp price from Getty, sent it to the clearance coordinator with my listing of the usage rights, and they had it cleared through legal in an hour. They're fedexing me a check and I'm sending them a high-res file. A guy could get used to this. No printing, matting, framing, and delivery to pesky fine art buyers. :) Thanks for the help, guys.