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By Root 4032 0

with a low-budget editorial assignment, I will send an estimate for the project because I know when a stated budget is just too low and when I can't see how anyone would be able to satisfactorily complete the assignment for that figure. As such, I want the client to consider me, so I won't blow off the assignment estimate by thinking they'll never go for me. I send it, and often I get the assignment. Contrary to many people's opinions, money is not always the deciding factor. On many occasions I have been the most expensive photographer, but the client has confidence in my abilities based upon my experience, track record, or how I presented myself during our conversations.

Often, a client will say, "We need a buyout," or "We need all rights," or some other absolutely untrue or liability-laden ambiguous statement. Any proposed definition of buyout is a dubious one, and I can't fathom any company actually needing all rights, let alone needing any rights in perpetuity.

What these clients want is protection. They want protection from you using the image in a manner they don't want, protection from being gouged on prices later when they need to extend or expand a licensing package, and protection from you suing them when they use a photo for something they genuinely think is within their license, but you believe is not. These concerns can be alleviated by an accurate and clear licensing agreement.

Here are some examples of workarounds for these types of circumstances:

For the life of the campaign, photographer grants non-exclusive rights to use photography in all non-paid media placements in the United States.

For 24 months following the conclusion of the symposium, photographer grants exclusive rights to client to promote future symposiums in electronic, printed brochures, and trade advertising client may produce, as well as "handout" images as a part of a press kit to other trade press writing about the symposium.

During the lifespan of the product, photographer grants client the exclusive right to use photographs produced to sell, promote, or advertise the product in print and electronic mediums, within the United States and the European Union.

Any of those workarounds would be far less egregious than "all rights," WMFH, or the dubious "buyout."

During the negotiations, you'll want to learn who the other stakeholders in the event are. If it's an awards ceremony at which three pharmaceutical companies are getting commendations for their good deeds, and you are working for the event, you'll want to make sure you're comfortable with these companies using your work in their press outreach for the event. If you're working for one of the companies, when the PR/communications person you're working with comes over and says, "Hey, make sure you shoot the CEO from the other two companies, too," you'd do well to discuss with him at your earliest convenience that, although you are working for him/her, if the other companies are going to be using your work, you'll need to make those arrangements directly with them. These things happen when the other companies forget to bring a photographer (or decide it's not important) and then your client offers to split your fees and expenses with them. This isn't fair, and you should preclude this from happening by clearly stating on your contracts that "Company X is granted the following rights." You could even state that the rights are not conveyable or transferable to third parties.

For advertising work, you will almost always be dealing with someone from an ad agency or a knowledgeable person in a company's marketing or external affairs department. You'll want to make sure they're providing you with comps (mockups or draft layouts) for the assignment and ask what the media buy will be. Further, what other uses do they anticipate?

Realize that often the client has a favorite. Frequently I will ask, "Am I estimating this as a courtesy because you have someone in mind and need three estimates? Am I that person? Or are you open to seeing what you come up with on the estimates and awarding