Price for photo for major Magazine

So a friend has a photo that one of the truly biggest nature magazines wants. They may use it in a tv show also. It was taken while he was working with them on a article/show. It would be used 1/2 page size. They asked him to sign a release and say will give him credit but make no mention of payment. He does not want to burn bridges as he wants to work with them on other projects but a check of some form would be nice. Suggestions???

Well, I'd have him ask what the pay rate is. One can and should politely decline an offer for a freebie without burning a so-called bridge. Not much of a bridge anyway IMO. But I'm curious, was he working with them for free in the first place?

No he is an expert in this creature, was paid and spent a week or so in the field with them. I thought maybe he signed paperwork saying "anything he did was theirs" but it does not seem that way. I know everyone wants to dance around this subject but he is willing to ask for money but just has no clue. The circulation of the magazine is well into the millions in addition to their other media outlets. Did find this link and if people feel it is reasonable he will go with the suggestion there http://photographersindex.com/price-ed-calc.htm.

Thanks and all input welcome

Did find this link and if people feel it is reasonable he will go with the suggestion there http://photographersindex.com/price-ed-calc.htm.

Fees quoted might be on the low side but then again the US is not a market I deal with a great deal. You could treat the higher figure as an absolute minimum starting point for your negotiations. It's worth reading the blurb at the bottom of the calculator. Here's my take on the most important parts:-

negotiation.

one time non exclusive

Copyright should never be sold.

All licensing is dependent upon payment of the licensing fee.

uniqueness

I have tried to highlight the key phrases that might be most relevant in this instance, but the text in its entirety was written by someone who knows the business and understands the value of photography. A highly commended viewpoint.

TV broadcast fees are harder to negotiate as the repeats can add up. Again, it depends on the audience, duration of display - how many seconds broadcast - and the uniqueness of the image. Whatever happens, read the small print in any contract to see if there is a rights grab lurking.

One tip; Get the purchaser to name their price first. It might be a number higher than what you originally thought of.

Finally, if they want "all rights" or "no fee" then be prepared to walk away from the deal (unless there is a signed contract to the contrary.....but that's not known). Or indeed if there is a single fee for all rights.... it's the right to use that the client is buying, not the image itself. Rights are the valuable asset with images. If it's worth publishing, it's worth paying for.

Disclaimer - I'm not a lawyer. Find one who works in intellectual property/copyright if you have any doubts

The photo is not great in quality but is very unique. If not "one of a kind" very close. Now they probably have a great deal of video of the same animal and situation just not as good of a still. Re-broadcast of the tv show are several times a year, for a few years anyways. Thanks again for the help.

Those prices look reasonable to me. Like Simon, I like to get the publication to name a price. Nine times out of 10 I'm fine with their standard rates. I'm not fine with freebies. I doubt the people publishing the mag are working for free.

Agree he should politely seek payment. Even if he was a paid advisor to the expedition, he was not a paid photographer. Ergo, they should pay for any photo use.

Definitely ask politely what their pay rates are for publishing. They should freely respond with those rates and if not reasonable you can then respond with rates you feel are.

Todd

Definitely ask politely what their pay rates are for publishing. They should freely respond with those rates and if not reasonable you can then respond with rates you feel are.

 

Todd

I Agree.