Cross-posted from Wonderful Machine. [By Bryan Sheffield]
Concept: Brand narrative shoot in an urban location with 2 talent enjoying the product
Licensing: Web Advertising and Web Collateral use of up to 10 images in perpetuity
Photographer: Lifestyle/Environmental Portrait photographer
Agency: National Social Media Agency
Client: International Beer Brand
Here is the estimate…
Results: The photographer was awarded both the shoot and the pre-production support on the project! About a week before the shoot the agency sent us an agreement that was un-signable. The agreement sent our way stated this was to be a Work Made for Hire with full copyright transfer, no advance, and payments to be net-45… among other restrictive items that needed adjustment. We pushed back on the agreement and after a few days were successful in negotiating this project back to our proposed license terms, with a 50% advance (on both shoot and pre-pro support work), and a net-30 final payment, or upon first use of work as the photography license would not be conveyed until payment was made in full.
The shoot happened and was very successful! The agency and client had attendees on set and loved all the work. Upon delivery of the content, the client ended up licensing an additional 4 images at $500 per image, as well as expanding the license of an image for one year in-store POP for $2,000. The photographer was very happy with the work we put in to increase their fees, negotiate terms, and of course protect their copyright through this process.
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