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Author Topic: Full Buyout Licensing - needed help  (Read 1795 times)

djordjezivaljevic

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Full Buyout Licensing - needed help
« on: November 22, 2016, 08:25:36 AM »

Dear all,

This is my first post in this forum. I need advice regarding licensing, because I'm not too much familiar with it. I live in Montenegro, Europe.
Few days ago, Sheraton chosen me to take photos exterior and interior of their new hotel which is opening in few weeks here. They are requesting from me "total/full buyout of rights" of required 15 images. Since, that is not common practice in Montenegro (or respecting licensing at all) , this is new field for me. Any tip regarding pricing is more than welcome.

Thank you all for your time, at least  :)

Love.

Djordje
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TonyVentourisPhotography

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Re: Full Buyout Licensing - needed help
« Reply #1 on: November 22, 2016, 03:28:45 PM »

I don't know about laws over there... but over here I take a full "buyout/rights transfer" as meaning they now technically own the images and I have no stake in them anymore.  It also means, they do not need to let me show the images or say I shot them anymore. 

Very few clients actually need this.  Most of my clients I steer towards an "Exclusive" license where I cannot resell the images.  Often there are other stipulations, but I retain rights control still and they feel happy that they got the use they need.  Rarely does a client actually need ownership.  I find this is usually my clients dealing with sensitive subject matter that is either classified, special governmental work, or other unique cases. 

In the case that a client does need a buyout, I usually tack on 3 - 5x the cost of what the licensing would have been for the whole job.  So if their licensing came to $5,000 total for what the pictures were potentially worth, the buyout on those would be $25,000 additional.  This assumes they will use for all purposes infinitely and that you will never see another dollar from them.  (hopefully that's not true...)

In terms of exclusive license, that's usually pushed upwards from the standard fee I derived, but its not nearly as far as the buyout.  It really depends on the client and what kind of pockets they have too, and what the nature of the images and their use are.  How valuable are these images?  If they are that valuable, then they usually will pay.  Others just let their jaws hit the floor and decide than an exclusive license will serve them just fine for the time frame we discussed.  I'm fine with that too. 
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scyth

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Re: Full Buyout Licensing - needed help
« Reply #2 on: November 22, 2016, 04:50:31 PM »

How valuable are these images?  If they are that valuable, then they usually will pay.  Others just let their jaws hit the floor and decide than an exclusive license will serve them just fine for the time frame we discussed.  I'm fine with that too.

or they can move on to the next photog too (no images shot so far, granting the ownership is the condition by that client to actually sign the contract)... how unique or whatever is the OP in Montenegro market ? is he in position to let the client's jaws hit the floor or he needs to thread carefully ...
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djordjezivaljevic

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Re: Full Buyout Licensing - needed help
« Reply #3 on: November 22, 2016, 06:15:57 PM »

This assumes they will use for all purposes infinitely and that you will never see another dollar from them.  (hopefully that's not true...)

Thank you for reply TonyVentourisPhotography.
Actually this is the right situation. They doesn't want to have any limitation in usage of photos made for them. So it seems they are ready to pay what they are searching for.

Scyth, the situations is as follows: The clients had several photogs. portfolio to choose the right one. When they have picked me, we already went trough several phone calls regarding style and their requirements. The schedule is tight , and market is not so developed so they don't have any other options than me.



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Ellis Vener

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Re: Full Buyout Licensing - needed help
« Reply #4 on: November 23, 2016, 04:29:43 PM »

it never hurts to ask the art buyer what they commonly pay in situations like this. They are not the enemy.
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douglevy

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Re: Full Buyout Licensing - needed help
« Reply #5 on: December 02, 2016, 11:43:41 AM »

Just curious, what was the resolution here?

djordjezivaljevic

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Re: Full Buyout Licensing - needed help
« Reply #6 on: December 02, 2016, 11:52:14 AM »

Just curious, what was the resolution here?

Hi Douglevy,

At the end, the client intended to spend just 2000 EUR for 15 images with full buyout license, so we didn't made a deal.
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