Licensing Help Needed

[RawHope]

Hello, I could REALLY use some help...

I've been dealing with an art consultant that wants to use a couple of my images in a new hotel project. I need to sell her the license rights because she will be having them printed through her lab, I won't be using mine. I've never done this before and am SO clueless as to what kind of license to choose. Is it Rights Managed? I have newbie questions and am really hoping someone can help me...

1) How in the world do I create a license?? Do I print something online and fill it out and then send it to the art consultant to sign?

2) I want to specify in the license that she can only print the images for this job. Is there a name for this type of license?

3) I'm assuming in a license, that you set an expiration date where they cannot make prints after a certain date. What's the normal length for a job like this? A couple months? 6 months? A year?

4) How do I price things? Is it per print or a range of a number of prints??

This "license" thing intimidates me but it's something I need to learn so I can sell my work this way. Can someone please set my mind at ease over this? I want to make sure I do it the right way. Really hoping one or more of you can answer my questions.

Thank you!
Carolyn

 

[CCericola]

Here is a PDF I uploaded that might help you.

Licensing .pdf - 4shared.com - document sharing - download

 

[RawHope]

Thank you so much CCericola! That looks like a great form, I think I'll use it. Thanks!

 

[orljustin]

You just write it up:

This agreement is between ____ (Licensee) and _____ (Licensor). Licensor agrees to grant a license to Licensee for the following terms:
1. Licensee may make prints of supplied contents at sizes up to XxY for display in ____ facility.
2. Above printing rights expire in 30 days. Prints may be displayed perpetually.
3. No other usage rights are granted to licensee.

The cost per license, per file is $____, payable prior to delivery of content on cd.

Signed ____________
Signed ____________
Date __________

 

[KmH]

Each license I sell is pretty much a custom license. The one linked to is pretty generic and the author of it, Tad Crawford, mentions in his book some of the negotiatiing points one would want to be aware of.

Business and Legal Forms for Photographers, 4th Edition (Business & Legal Forms for Photographers)

You might also want to get Legal Guide for the Visual Artist, Fifth Edition
Best Business Practices for Photographers, Second Edition

The first issue to nail down is if the use is exclusive or not. Exclusive use costs quite a bit more.

You might also want to visit www.ASMP.org and on the left side of their home page click on 'Business Resouces' and look through their licensing/pricing tutorials and recommendations on commercial photography pricing software. ASMP Professional Business Practices in Photography, 7th Edition

Companies often seek out inexperienced photographers so they can take advantage of their inexperience a save a lot of money.

 

[RawHope]

Thank you orljustin, looks pretty good.

KmH - Ha! I'm the "inexperienced photographer" you're talking about! We came to an agreement and it is pretty low but honestly, I'm just getting started, want the exposure and I want to build a relationship with this art consultant. She said she may want to use me for other jobs which is awesome. Thank you for all the excellent resources you linked me too, I will take a look at all of them and I'm sure I'll be learning a lot.

 

[c.cloudwalker]

This "art consultant" sounds like an interior decorator to me and she wants to be able to make as many prints as possible without paying for them. It's a nice way to get an original print that could end up in a whole bunch of hotels.

Not that it really matters. And that's where one of the biggest problem in photography comes in: when do you agree to get screwed because if you don't you don't make the sale?

Welcome to the business and congrats on the sale.

 

[KmH]

She said she may want to use me for other jobs which is awesome.

They all say that. And she will, until you discover how much you are giving away, and raise your price.

Then she goes and finds another neophyte to take advantage of until that one wises up.

Did you find her, or did she find you?