Pricing help

mountainpz

Hello,

I have just encountered a situation that is new to me:

I tourism board wants to use one of my images and is asking me about pricing. Here is the deal:

-non-exclusive use
-license continues until breached by licensor or licensee
-recognition of copyright
-use: promoting the board, services, products on its website, in brochures, posters and other print media and use, downloading, transmission and reproduction of the image by members of the board,
media and travel trade industry representatives and public access

For such ongoing use, is it customary to charge yearly fees or a one-time amount? Is anybody able to give me rough ballpark figures for this scenario (some kind of range)? Are the price calculators that are found on the web a good resource to get approximate prices?

Thanks very much for your help with this.

Cygnus Studios

First congrats. It is always nice to have someone wish to use your image. A few of their desires would bother me personally.

-license continues until breached by licensor or licensee

An open ended license would bother me with some of this included language.

-use: downloading, transmission and reproduction of the image by members of the board, media and travel trade industry representatives and public access

It appears that anyone may at anytime use your image for whatever purpose. This is where they lose my interest. Now I do not know what your image is, so the uses of which could be very limited or very open.

With that said, there really is no set rule as to whether you have a One time payment or many small payments.
As to price, it depends.
If I were presented with this same offer and the image was very generic as a beach scene or sunset, something non-descriptive like that I would charge a higher price. Somewhere in the $3500 range.
Now if this were a 1 time use or even a year usage license I would charge around $350.

I know that it doesn't help much, but with such a wide scope of usage by an unlimited number of people, I would either rework the contract to a more limited usage or charge high enough so that if I saw my image in a hundred different ads I would feel as if I get something out of it.

mountainpz

Cygnus Studios wrote:

First congrats. It is always nice to have someone wish to use your image. A few of their desires would bother me personally.

-license continues until breached by licensor or licensee

An open ended license would bother me with some of this included language.

-use: downloading, transmission and reproduction of the image by members of the board, media and travel trade industry representatives and public access

It appears that anyone may at anytime use your image for whatever purpose. This is where they lose my interest. Now I do not know what your image is, so the uses of which could be very limited or very open.

With that said, there really is no set rule as to whether you have a One time payment or many small payments.
As to price, it depends.
If I were presented with this same offer and the image was very generic as a beach scene or sunset, something non-descriptive like that I would charge a higher price. Somewhere in the $3500 range.
Now if this were a 1 time use or even a year usage license I would charge around $350.

I know that it doesn't help much, but with such a wide scope of usage by an unlimited number of people, I would either rework the contract to a more limited usage or charge high enough so that if I saw my image in a hundred different ads I would feel as if I get something out of it.

Very helpful Steve. Thanks a lot!

mountainpz

mountainpz wrote:

Very helpful Steve. Thanks a lot!

OK here are more details about the license:

"Grant of License: In consideration of the moneys paid by the Licensee to the Licensor, the Licensor
grants to the Licensee for the term of this Agreement, subject to the terms and conditions hereinafter
contained, the non-exclusive and irrevocable right to use the Image.

Terms of Use: The Licensee may use the Image for the purposes of promoting the Board, its services, products on its website, in brochures, posters and other print media. The rights to use
of the Image granted hereunder shall encompass the Licensor’s common-law rights and rights
subsequently acquired through copyright registration, use or otherwise. The grant to use the image
includes the use, downloading, transmission and reproduction of the Image by Members of the Licensee,
Media and Travel Trade Industry Representatives and public access (hereinafter the “Third Parties”), all in accordance with the Terms and Conditions of Use attached hereto as Appendix “A” (which may be
amended and revised by the Licensee from time to time without notice to the Licensor). The Licensor
acknowledges the Third Parties will have access to the Image through the Image and Video Library on
the Licensee’s website. This grant and license herein extends to, and includes, the Third Party access
and use of the Image, and no additional fees, royalties, charges are payable therefore.

Restrictions on Use: The Licensee is not permitted to use the Image for re-sale or for commercial
purposes (other than as permitted herein).

Recognition of Copyright: The Licensee agrees each Image licensed hereunder will be credited to the
original photographer by text or image or as directed by the Licensor.

Term: The License granted herein shall continue until terminated by the Licensor due to breach by
Licensee or until termination by Licensee by written notice."

I checked with them and it does mean that theoretically, the image could be used an unlimited number of times by an unlimited number of people, although they mentioned I could negotiate to allow only them (the Board, not the Third Parties) to use the image.

This is a bit new to me and I just need a starting point. I was looking at the online calculators but either they do not match exactly the conditions of the license, either the prices vary greatly from one calculator to another.

Steve suggested a couple of prices in his reply. Any other ideas/opinions? This is the picture here. I suppose it is rather generic in the context of a mountain tourism board.

At this point I am thinking $200 to $1000 for making the image available to them only, and perhaps triple that if they make the image usable by Third Parties too.

Thanks for your input.

mountainpz

mountainpz wrote:

OK here are more details about the license:

"Grant of License: In consideration of the moneys paid by the Licensee to the Licensor, the Licensor
grants to the Licensee for the term of this Agreement, subject to the terms and conditions hereinafter
contained, the non-exclusive and irrevocable right to use the Image.

Terms of Use: The Licensee may use the Image for the purposes of promoting the Board, its services, products on its website, in brochures, posters and other print media. The rights to use
of the Image granted hereunder shall encompass the Licensor’s common-law rights and rights
subsequently acquired through copyright registration, use or otherwise. The grant to use the image
includes the use, downloading, transmission and reproduction of the Image by Members of the Licensee,
Media and Travel Trade Industry Representatives and public access (hereinafter the “Third Parties”), all in accordance with the Terms and Conditions of Use attached hereto as Appendix “A” (which may be
amended and revised by the Licensee from time to time without notice to the Licensor). The Licensor
acknowledges the Third Parties will have access to the Image through the Image and Video Library on
the Licensee’s website. This grant and license herein extends to, and includes, the Third Party access
and use of the Image, and no additional fees, royalties, charges are payable therefore.

Restrictions on Use: The Licensee is not permitted to use the Image for re-sale or for commercial
purposes (other than as permitted herein).

Recognition of Copyright: The Licensee agrees each Image licensed hereunder will be credited to the
original photographer by text or image or as directed by the Licensor.

Term: The License granted herein shall continue until terminated by the Licensor due to breach by
Licensee or until termination by Licensee by written notice."

I checked with them and it does mean that theoretically, the image could be used an unlimited number of times by an unlimited number of people, although they mentioned I could negotiate to allow only them (the Board, not the Third Parties) to use the image.

This is a bit new to me and I just need a starting point. I was looking at the online calculators but either they do not match exactly the conditions of the license, either the prices vary greatly from one calculator to another.

Steve suggested a couple of prices in his reply. Any other ideas/opinions? This is the picture here. I suppose it is rather generic in the context of a mountain tourism board.

At this point I am thinking $200 to $1000 for making the image available to them only, and perhaps triple that if they make the image usable by Third Parties too.

Thanks for your input.

Bump.