The following form letter (sometimes with variations applicable to a specific situation) is sent to new potential clients, if they have have not contracted for either stock or assignment photography previously and are not familiar with standard business practices in this area. The client is asked to sign a copy of the letter and return that copy to acknowledge that he understands the general terms under which photographic services are being offered.
Other photographers use similar letters to inform potential clients of their policies.
Date
Address
Address
Address
Address
Address
Dear
I am pleased that you are considering use of my photography. Because we have not previously done business, I will use this opportunity to explain my working methods in an attempt to eliminate future misunderstandings.
Recent court decisions and industry experience show the necessity of my having an indication that you have read and understand the contents of this letter before I can submit any pictures to you for consideration, or before I can begin any assignment work. If you have questions about the content of this letter, please bring them to my attention before we begin.
I do not, as a normal practice, sell the pictures I produce. Rather, I license usage rights to these pictures and retain the copyright. My fees are based on the rights you purchase, so we need to be specific about how you want to use the picture(s) before any fee for usage is established. I am willing to sell almost any rights to the images. (I usually retain, at the very least, the rights to use the images for self promotion.) Fees are based on the specific rights purchased.
Most clients find it to their advantage to purchase only rights they need immediately and to come back later to purchase additional rights as needs develop. I take into consideration the original usage when pricing a second usage, particularly if the first usage resulted from an assignment.
When pricing an assignment, there will be a fee for usage, plus expenses. The fact that expenses are included in an invoice does not entitle you to any specific rights to the resulting photographs. If the specific uses of the photographs to be produced are not known in detail at the time of the assignment, I will bill you for my time, the fee for which is applicable against future usage fees. The time fee is a minimum guarantee and is payable whether or not the photos resulting from the assignment are ever used. Assignments with substantial expenses require a deposit or advance payable by the client. Fees and expenses and terms for payment are specified in the assignment contract. All usages are subject to negotiation.
I retain property rights to the photographs, and therefore expect all photographs to be handled carefully while they are under your control. Whenever I deliver photographs to you for review or selection purposes, I include a Delivery Memo outlining the terms and conditions of the delivery. If you have problems with any of these terms, you must notify me within ten (10) days of receipt. If I do not hear from you within ten (10) days, I assume that the terms are acceptable.
No use of my photographs (or of those of anyone for whom I am acting as an agent) is authorized until payment has been made. Once the fee is negotiated and the work delivered (these may occur in either order) I will send you a Copyright License/Invoice form. The fee and specific rights you are purchasing for use of the pictures will be clearly stated on that form. No uses are authorized that are not defined on the form, and those specified on the form are authorized only after the bill has been paid. Other uses must be negotiated in advance of the use.
I will be happy to provide sample copies of my standard forms if you wish to review them in advance. I strive to meet the needs of my clients and am willing to be flexible. If, at any time, there are modifications or changes you wish to have included in our agreements, please bring them to my attention so that we can discuss them.
Please sign and date this form and return it to me immediately so that I can proceed with your project. Thank you for your consideration. I look forward to working with you.
Sincerely,
Ernest H. Robl
I have read the above material and acknowledge its receipt on behalf of my organization.
Signed: ______________________ _____________________
(Client's Signature) (Date)
______________________ _____________________
(Print name of person signing) (Print title of person signing)
Please also initial first page and mail or fax back both pages.
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For additional general information on stock photography, please visit the Web site of the American Society of Picture Professionals (ASPP). Particularly useful is the link on the home page to the "Online Magazine" section, which contains several essays on stock photography. |
You may also be interested in some of my thoughts on photography, contained in the On Photography section of my site.
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