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Subject:
From:
"Christopher A. Brown" <[log in to unmask]>
Reply To:
Museum discussion list <[log in to unmask]>
Date:
Fri, 29 Sep 2006 16:33:12 -0400
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Felicia -- in fairness to mythologically deep pockets like Disney (Hi, Tim!), most everyone expects 
them to be willing and able to pay out the nose -- but they have budgets too. Recognizing that I 
didn't own footage so rare as Zapruder's or the 1st moon steps kept me in the real world during 
negotiations -- and they did pay well. ;-)

Stock image banks are the best source for some strategies on how to set fees when dealing with 
large commercial publishers. You won't be seen as a biz threat, so they'd probably be willing to 
share. But I suspect it may be counter-productive to offer "full fee for the first format and then 
25% off the full fee for each additional format, or maybe 50% off the full fee" and I'll try to 
illuminate why further on.

Prior to addressing that, though, *purpose* is extremely important in setting value. Is the usage 
Cover level  -- making it critical to the product branding/marketing and therefore worth more? Is 
it a calendar -- one of 12 shots and intrinsic to product value -- but for only one year? Or is the 
image among 300 other shots inside a textbook and a teeny component of a much greater thing 
-- reproduced continually for the next 5 years?  The push/pull of all this gives me headaches -- 
and thrills accountants.

If you are not negotiating a one time fee and instead want to get royalties for reproduction over 
time, then you'll have to trust the buyer's tracking and reporting -- or carry the expense of the 
tracking yourself. Since you're not a full time stock business, it might be most economical to 
simply take the money and be done til next time.

Then, for the various media, you must ask the buyer the *projected duplication number* in each 
media/market, because the order --  1st, 2nd, or following formats -- is not related to 
*anticipated duplication/sales*.  Ex.: "1st format" is 10,000 book covers (the so-called primary 
product/purpose) -- but what if "2nd format" is seen in 3 million web hits -- should this be 
available at a discounted the price, for what was described to you as "secondary" usage? The job, 
of course, is to skillfully extract what's worth most to your buyer.

Revisions to content are entirely what you and their attorneys agree to: are they a "new usage" or 
just a variation under the original contract? 

"Bumping up" a fee is actually another separate contract/permission, ISTM. But I'm no copyright 
attorney and that's where well-funded purchasers have the staff and the advantage! 

Regardless, a friendly person at any of the stock agencies will have even more information about 
current commercial source practices that you can pick and choose from. 

Hope this helps -- and you leads to more answers.

Best,

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