Licensed usage for business cards?

DGMPhotography

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Hey folks,

So I have a cosplayer that wants to use some of our pictures for his business card. As per our original contract, the pictures we took are not to be cropped or edited, and are watermarked. This is due to the lower rate I charge at conventions.

However, I do offer the option of purchasing a separate license at $100/photo for selling prints, etc, which is specified in the license with usually a 2 year limit.

Question is, how would you do this for a business card? I would still consider it to be a commercial usage since it's used to promote his cosplay brand, but would a time limit make sense, since it just depends on how fast he hands the cards out? Would a time limit be on production of the cards instead of the "selling" (passing out) of them?

Any other ideas/thoughts?

Thanks!
 
Yes, there should be a timeframe for usage in the contract.

In my experience it was one year (one season) for use in brochures. If they didn't use all the brochures (I used to see them laying around in the concourse on tables, etc.) then so be it - it's up to the client to determine how many they'd expect to need for a year.

To extend usage another year the cost usually is less for using the same photo again, and usually even less the third year, etc.

You're right, it's commercial/business use and should be priced accordingly. Different pricing than prints (or thumbnails for social media use) by fans because those are for buyers' personal use.
 
$100 sounds way too low for someone to buy your photos to sell as prints. If that's what you mean... If someone's selling prints of your photos, uh - why? comes to mind. But they should be licensing usage for retail use if that's what they're doing with them. But I might be misreading that.
 
$100 sounds way too low for someone to buy your photos to sell as prints. If that's what you mean... If someone's selling prints of your photos, uh - why? comes to mind. But they should be licensing usage for retail use if that's what they're doing with them. But I might be misreading that.

Thanks for the feedback. I agree about the cards.

For selling, $100 probably is low in most communities, but EVERYTHING in the cosplay community is undervalued. I'd rather make an extra $100 than nothing. It's no skin off my back.
 
Wait, but how much is the other person making selling your photos? Or am I missing something?
 
Wait, but how much is the other person making selling your photos? Or am I missing something?
As I understand it, the customer intends to have the photo printed on his business card, which he then passes out to his potential clients. Presumably at no charge.
 
Right, I get that part of it. What I was wondering about was the reference to usage for 2 years for $100 for selling prints... Usually if a print is sold then usage isn't licensed, it's sold as a print for the buyer's personal use (to hang on a wall).
 
Wait, but how much is the other person making selling your photos? Or am I missing something?

Usually very insignificant amounts. A lot of them sell prints for $1. If it was a more well known cosplayer, I'd definitely go about that differently. But in most cases, I doubt they break $50 over two years, if that.

If you want a limiter, I would go for the # of cards vice a period of time.

That's a good idea!
 
I guess I don't get why other people would be selling your photos/your work. I can't really think of a situation of a photographer doing that. And at $1 that's so incredibly underpriced you're losing income letting them do that. That could be money you could be making by providing the prints.

What I've seen locally for smaller prints is in the range of, I don't know offhand, I think at least $20-40. Even at 10 bucks that's $500 potentially of lost income over two years; more depending on how many people are doing that (although maybe they wouldn't sell as many if the price was more). And those are some of your best photos.
 
I guess I don't get why other people would be selling your photos/your work. I can't really think of a situation of a photographer doing that. And at $1 that's so incredibly underpriced you're losing income letting them do that. That could be money you could be making by providing the prints.

What I've seen locally for smaller prints is in the range of, I don't know offhand, I think at least $20-40. Even at 10 bucks that's $500 potentially of lost income over two years; more depending on how many people are doing that (although maybe they wouldn't sell as many if the price was more). And those are some of your best photos.

Except that he, as the photographer, has no inherit value in the prints because he doesn’t have access to the target market.

The cosplayer is selling prints of themselves to their fans. Those fans aren’t going to spend more money for a photo of a small time unknown cosplayer.

This is case where it’s much more fruitful for the photographer to take the $100 up front and avoid having to put in work trying to chase down the target market to probably not make much more than that $100.
 
Destin hit the nail on the head.
 

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