Architecture, Multiple Party Rights – David Seide

Commercial Example

Due to anti-trust laws, ASMP cannot set or suggest prices, but we can share information provided to us by our generous members. The ASMP Paperwork Share provides a look at the terms, licenses and pricing details of actual jobs.

David Seide — www.DefinedSpace.com

David Seide specializes in architectural assignments in the Chicago area.

A Multi-party Architectural Assignment

This project was a three-party cost share — a common practice in architectural photography. Here’s how the AIA/ASMP Best Practices document explains the approach. The images from one shoot were licensed to three different clients, and the fees varied according to the number of views each client chose to use.

All three clients initially received the same proposal for rights to be granted, as follows.

RIGHTS GRANTED:
The fees below include 5 year non-exclusive rights in the following categories:
• Trade Collateral: Brochures, Direct Mail Campaigns, Leave-behinds.
• Corporate Communications: Portfolio, A/V Presentation, Trade Show Display, Annual Report, Newsletter, Wall decor.
• In House Desktop Publishing: In-house Scanning, In-house Copying, In-house Printing.
• Public Relations: Corporate Promotion, Press Kits, Design Competitions.
• Electronic: Home Web Site, with the condition that there is an adjacent credit link to www.DefinedSpace.com.
David B. Seide maintains all copyright and licensing rights; any additional usage beyond that described herein, including but not limited to Editorial and Advertising use, may be arranged but must be negotiated prior to reproduction. Client may not assign or transfer this agreement or any rights to any third party. An adjacent photo credit must accompany each and every use: “© David B. Seide/www.DefinedSpace.com”.

Terms and Conditions. The back-of-contract language that David Seide uses is reproduced here.

Estimate for Client A
Description: Photography Scout and Architectural Photography of The Streeter, Chicago, IL.
Number of views: 5 Total (4 Exteriors and 1 Interior). If additional views are created they will be made available for approximately $750 and include the same package of rights granted below. Client to receive one CD and reference prints.
Fees
Usage/Licensing Fee – 1,250.00
Usage/Licensing Fee – Additional Parties @ $250/view 0.00
Creative Fees 1,425.00
2,675.00
Expenses
Assistant 300.00
Production 600.00
Location Fee – Insurance Rider (per rooftop if needed) 100.00
Digital Postproduction 687.50
Photo Lab Services – Post 79.50
Parking (3) 84.00
Messenger 12.00
1,863.00
Total Estimated Fees and Expenses $ 4,538.00

 

Estimate for Client B
Description: Photography Scout and Architectural Photography of The Streeter, Chicago, IL. Number of views: 5 Total (4 Exterior and 1 Interior). Client to receive one CD and reference prints.
Fees
Usage/Licensing Fee – 1,050.00
Creative Fees 2,775.00
Creative Fees (-2/3) -1,850.00
1,975.00
Expenses
Assistant 750.00
Assistant (-2/3) -500.00
Production 1,135.50
Production (-2/3) -757.00
Location Fee – Insurance Rider (per rooftop x 3) 300.00
Location Fee – Insurance Rider (-2/3) -200.00
Digital Postproduction 1,645.00
Digital Postproduction (-2/3) -1,096.63
Photo Lab Services – Post 284.00
Photo Lab Services – Post (discount) -141.33
Parking (3) 78.00
Parking (-2/3) -52.00
Messenger 12.00
1,457.54
Total Estimated Fees and Expenses $ 3,432.54

 

Estimate for Client C
Description: Photography Scout and Architectural Photography of The Streeter, Chicago, IL. Number of views: 7 Total (4 Exterior and 3 Interior). Client to receive one CD and reference prints.
Fees
Usage/Licensing Fee – 1,470.00
Creative Fees 2,775.00
Creative Fees (-2/3) -1,850.00
2,395.00
Expenses
Assistant 750.00
Assistant (-2/3) -500.00
Production 1,135.50
Production (-2/3) -757.00
Location Fee – Insurance Rider (per rooftop x 3) 300.00
Location Fee – Insurance Rider (-2/3) -200.00
Digital Postproduction 2,310.00
Digital Postproduction (discount) -1,096.63
Photo Lab Services – Post 360.50
Photo Lab Services – Post (discount) -157.33
Parking (3) 78.00
Parking (-2/3) -52.00
Messenger 12.00
2,183.04
Total Estimated Fees and Expenses $ 4,578.04

 


 

Invoice for Client A
Description / Rights Granted / Usage: Same as the estimate, except that all three clients are now identified.
Fees
Usage/Licensing Fee – 1,137.50
Creative Fees 2,775.00
Creative Fees (-2/3) -1,850.00
Creative Fees () 1,387.50
3,450.00
Expenses
Assistant 900.00
Assistant (-2/3) -600.00
Assistant () 150.00
Production 1,135.50
Production (-2/3) -757.00
Production () 189.25
Location Fee – Insurance Rider (3 rooftops) 300.00
Location Fee – Insurance Rider (-2/3) -200.00
Location Fee – Insurance Rider () 50.00
Digital Postproduction 1,645.00
Digital Postproduction (-2/3) -1,096.66
Digital Postproduction () 274.13
Photo Lab Services – Post 219.00
Photo Lab Services – Post (discount) -90.00
Photo Lab Services – Post () 39.33
Parking (3) 78.00
Parking (-2/3) -52.00
Parking () 13.00
Messenger 12.00
2,209.55
Total Fees and Expenses $ 5,659.55

 

Invoice for Client B
Description / Rights Granted / Usage: Same as the estimate, except that this client’s license term is extended to 20 years.
Fees
Usage/Licensing Fee 1,140.00
Creative Fees 2,775.00
Creative Fees (-2/3) -1,850.00
2,065.00
Expenses
Assistant 900.00
Assistant (-2/3) -600.00
Production 1,135.50
Production (-2/3) -757.00
Location Fee – Insurance Rider (3 rooftops) 300.00
Location Fee – Insurance Rider (-2/3) -200.00
Digital Postproduction 1,645.00
Digital Postproduction (-2/3) -1,097.00
Photo Lab Services – Post 219.00
Photo Lab Services – Post (discount) -90.00
Parking (3) 78.00
Parking (-2/3) -52.00
Messenger 12.00
1,493.50
Total Fees and Expenses $ 3,558.50

 

Invoice for Client C
Description / Rights Granted / Usage: Same as the estimate for this client, above.
Fees
Usage/Licensing Fee – 1,400.00
Creative Fees 2,775.00
Creative Fees (-2/3) -1,850.00
Creative Fees (- contribution) -1,387.50
937.50
Expenses
Assistant 900.00
Assistant (-2/3) -600.00
Assistant (- contribution) -150.00
Production 1,135.50
Production (-2/3) -757.00
Production (- contribution) -189.25
Location Fee – Insurance Rider (per rooftop x 3) 300.00
Location Fee – Insurance Rider (-2/3) -200.00
Location Fee – Insurance Rider (- contribution) -50.00
Digital Postproduction 2,310.00
Digital Postproduction (- contribution) -274.13
Digital Postproduction (discount) -1,096.63
Photo Lab Services – Post 360.50
Photo Lab Services – Post (- contribution) -39.33
Photo Lab Services – Post (discount) -149.33
Parking (3) 78.00
Parking (3) (-2/3) -52.00
Parking (3) (- contribution) -13.00
Messenger 12.00
1,525.33
Total Fees and Expenses $ 2,462.83

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