Licensing for Friend's Band?

[DGMPhotography]

So I did a shoot for my friend for free to help with images for them to use for social media, etc.

But they really liked one of them and want to license its use for 2 years for PR and worldwide, to use for album art, and posters. Neither of which they'll make money on.

Any ideas for pricing?

The research I've done suggested using a sliding scale based off of the client's marketing costs. They don't have an exact number, but it probably wouldn't be over $500 or so.

 

[ronlane]

But they really liked one of them and want to license its use for 2 years for PR and worldwide, to use for album art, and posters. Neither of which they'll make money on.

Huh? They won't make money off the albums? They don't sell their music? Not sure I'd be buying that at all, the art work would be part of the cost of producing the albums. Either way, no matter what you get for it is more than you were expecting, since you did the shoot for free to begin with.

 

[waday]

Huh? They won't make money off the albums? They don't sell their music?

My thoughts, as well...

 

[tirediron]

...Neither of which they'll make money on. ...

Do you mean they won't make a profit due to low sales and other costs, or that they are giving away the albums, or that sales are expected to be so low as to make virtually no money?

 

[DGMPhotography]

Yes, they currently put out their music for free as they are trying to establish themselves.

 

[Designer]

Yes, they currently put out their music for free as they are trying to establish themselves.

Some photographers do that as well.

Be sure your photo credit is prominently displayed along with your contact information.

 

[ronlane]

Well then negotiate a fee with them for the image and go from there. Since there is no "royalties" that you have to worry about you can write up a 2 year usage agreement with them for that one image.

 

[Braineack]

 

[vintagesnaps]

Why in the world they're 'working' for free, I don't know, but so what?? how is that your problem? I thought you were or wanted to be a pro photographer. If you do, get on American Society of Media Photographers or PPA and figure out how to do it because this isn't it.

The only band offhand that comes to mind that started out putting their music 'out there' themselves and became successful is Foster the People (and don't ask me how I even know that). But I don't think they did it by paying for albums and artwork etc., I think they got their music online first and built up a following, etc. Sounds like your friends might be better off to develop a business plan and learn some marketing - a vague idea of putting themselves 'out there' doesn't sound too promising.

The rate for one year's use of one photo in a brochure was around 500 several years ago. So 500 for 2 years of extensive use is low but I suppose not totally out of the ball park starting out, just get informed on a good licensing contract. (And you may be right Ron about that now, but what if the band does get a break and becomes successful in the next year, and they got a photo for a few hundred bucks and happen to get a record deal and start making loads of money...?)

You don't always see photo credits depending on how and where the photos will be used. Maybe in liner notes but not on posters, and 'publicity' and 'worldwide' is way too vague.

 

[waday]

what if the band does get a break and becomes successful in the next year, and they got a photo for a few hundred bucks and happen to get a record deal and start making loads of money...?

Totally agree. There needs to be a clause in there, even if they anticipate zero money, just to be on the safe side.

If they make zero, you make zero. But if they make some, you make some. Why not have it in there just in case?

 

[DGMPhotography]

Fair points, everyone. I'd love to have photo credits, but Sharon is right - with the way they want to use the photo, there wouldn't really be a place for it.

As for why they're putting their music out for free... they just want to share their music. They still make money from shows, and they've been doing it for about 6 or 7 years now. They've developed a pretty decent following and simply want an image to use in their promotional efforts.

One successful artist that comes to mind is Chance the Rapper. He's doing pretty well for himself and has never sold a song. They make most of their money from shows and merchandise.

I have mentioned to him that if they suddenly become rich and famous, that they can make it up to me then. Otherwise, I'm thinking $150 as a favor.

 

[table1349]

Two ways to pursue this. You could do what you said and charge a flat fee. Or if they are any good and have a future you charge them a percentage of the profits. A nice combination of the two might be good. Flat fee for current advertising use and if they use it for an album cover something like .10¢ per album sale. Don't laugh, there have been people that became millionaires off of such deals.

 

[dennybeall]

So,, the albums and songs are given for free as advertising for their shows where they make MONEY. Your photo is a part of that advertising that makes them money. I'd charge based on that not the free part. Perhaps you could get 2 or 3 hundred now and put together a photo package of the band that gets sold at the shows and you get 80% of that??

 

[robbins.photo]

Or you could charge the $150 and a royalty fee for each album stating that you will be entitled to a royalty of 1% of the album price up to a maximum of 10 cents. So if they keep giving away the albums with your cover on them for free, well 1% of nothing is nothing.

If at some point though they start selling that album, then the royalties kick in and you start making a percentage of whatever they are selling albums for, so your covered either way.

 

[imagemaker46]

Just cut them a deal. If their give it away free hits the right people and they end up making money down the road, contract it out that you get 10% of future sales off any additional albums. You may end up making money or you may end up having your picture on a one and done band.