The Photographer's Guide to Negotiating by Richard Weisgrau

Author:Richard Weisgrau
Language: eng
Format: epub, pdf
Publisher: Allworth
Published: 2005-06-30T16:00:00+00:00

USAGE AND VALUE

In its simplest form, usage can be divided into four basic categories: limited, unlimited, exclusive, and nonexclusive. The categories can be put into real-world terms easily by using the magazine marketplace as an example.

Upper-tier magazines such as Time, Newsweek, and BusinessWeek require some exclusive categories of rights. For a cover, they insist upon exclusive rights for any purpose and for all time. That is “unlimited exclusive.” For inside use, they insist upon exclusive use for a limited period of time, but they make additional payment for additional editorial uses after the period of exclusivity. That is an example of exclusive rights limited by time and specific use. These magazines generally pay three to four times the inside, full-page space rate for the cover. So the difference between all rights exclusivity and specific-use exclusivity for a limited period of time is a 300- to 400-percent increase. Using a similar approach, you can formulate a percentage increase for different levels of rights in advertising and corporate negotiations.

Lower-tier magazines will usually want nonexclusive rights limited to one use in one issue of the magazine. This limited, nonexclusive use will not command a high fee when compared to the cover of an upper-tier magazine. However, when a publisher wants to run your images on a nonexclusive basis but in several issues of one magazine, or in different magazines, the value increases.

To better understand how to establish relative values around the four categories—limited, unlimited, exclusive, and nonexclusive—you must understand the parameters of the terms. “Exclusive” means that the person to whom you grant the rights can use those rights, but no one else can. You can assign all rights or any number of rights exclusively. For example, you could assign print media rights on an exclusive basis, so no one else can use the image in print media. “Limited” means that there are restrictions on the use. What restrictions might there be? Time, number of copies printed, and region are good examples. Obviously, the opposite terms, “non-exclusive” and “unlimited” have opposite parameters. Regardless of the parameters, the concept is that the more you buy the more it costs.

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