Pricing Files

[Julie Kenward]

Like many of you I have a day job that helps pay for the photography obsession. I work in an engineering firm as a senior administrative assistant. A few of the project managers found out about my photography obsession and have started sending me out during regular business hours to photograph potential job sites or completed projects for marketing purposes. So far, I have done the work for my usual hourly pay rate - including the time I spend post-processing the images - and that's fine with me because I get out of the office and I get to practice my craft on their dime. It's a win/win situation.

However...now some of our clients are starting to see my work and are wanting to know if they can buy files from me that I took on my own time with my own equipment. (Basically, they want to purchase a jpeg file for marketing use.) I am at a loss for what a fair market price is for a file that I hold the copyright on. Has anyone ever sold files (in lieu of prints) to a company for marketing use and, if so, how did you decide on a price?

[Roger Clark]

Pricing, try: http://media.gn.apc.org/feesguide/photo.html

However, you probably should adjust prices for the local market too. For example, I have reduced prices on images used by local small businesses compared to national or international large businesses.

More important, since you took the images on company time while on salary you should have a clear discussion with your employer on who owns the copyright, and how they would feel about your selling to their clients images taken on company time, even with your own equipment.

Roger

[Julie Kenward]

No, Roger, these were taken on my time - so I'm free and clear there - although I would have that discussion with them if I took the images on their time. Thanks so much for the link!

[Harold Davis]

http://www.sethresnick.com/price/price.html


http://photographersindex.com/stockprice.htm

here's a couple that may be of some help too. good luck!!

[Julie Kenward]

Thanks Harold...those helped as well. I don't know why I didn't think to google "stock image sales" to see what came up but you really hit the nail on the head for me. Thanks so much!

[Chris Starbuck]

No, Roger, these were taken on my time - so I'm free and clear there - although I would have that discussion with them if I took the images on their time. Thanks so much for the link!

Jules,
You probably are free and clear, but not all corporations see it that way. I'm an engineer, work for a large company, and have thereby become schooled in a certain class of paranoia:cool:. My employer's view (stated in the employment agreement I had to sign at time of hire, though not exactly in these words, and shared by the entire industry) is basically that if I use a skill on the job, they own that skill and anything it produces as long as I'm on the payroll, no matter when or where I use it. Any relief from that onerous and entirely ridiculous constraint requires a specific written release from the company. On occasion that has resulted in some bitter legal battles between employees (not me) and company.

And I'm sure you know that the images you've made "on the clock" belong to the company, copyright included, unless they specifically (in writing) grant the copyright to you (which would be a miracle).

I'm not qualified to give legal advice, but you might want to have the discussion with your employer before making any arrangements with clients, and get any agreement in writing, just to be safe. Especially when dealing with your employer's clients, which could be seen as competing with your employer, or could be construed as creating a conflict of interest. You might also want to have a chat with an attorney specializing in copyright law, perhaps before the employer discussion.

Oh yeah ... you need a raise, too :D. "Senior Admin Assistant and Staff Photographer" ought to be worth more than just one or the other.

Chris

[Julie Kenward]

Chris, thank you for that information. I have called my Human Resource Manager to find out the company's position and she is checking into it with our legal council to make sure she tells me the correct answer. I will then ask for her statement in writing.

I have also opened up the dialog with her about the fact that they use me not only for my talent but for my equipment as well, as our office only has a very basic p-n-s camera and the quality of image is greatly enhanced when I use my 40D and Canon "L" lenses. I have asked that they consider paying me a stipend of what I spend just as they pay for the mileage/maintenance for my car should I use it during business hours.

As for getting a raise for doing two jobs at once...in this economy, I think I'll be happy with the fact that I still have a job and leave it at that. If the time comes where I am spending at least half my time doing photography then I will certainly approach the subject but, right now, after the year we've had? I'll be happy with a merit increase come January...