Pricing and Commercial photography
Published on: Mar 4, 2016
Transcripts - Pricing and Commercial photography
Commercial photography is
the creation of any photo for
commercial use, whereby the
photographer is paid for the
images rather than works of art.
Personal use may be commonly defined as use that is
not for commercial gain. Examples of personal use (or
non-commercial use) might include social newsletters
or wedding announcements.
Commercial use may be commonly defined as use that
is intended for commercial, promotional, endorsement,
advertising or merchandising purposes. Examples of
commercial use could include a branded company
website, brochure, advert, presentation or product.
The exclusive legal right, given to an originator or
an assignee to print, publish, perform, film, or record
literary, artistic, or musical material, and to authorize
others to do the same.
In simple terms, copyright for photographers means
owning property. With ownership, you get certain
exclusive rights to that property. For photographic
copyrights, the ownership rights include:
• To reproduce the photograph;
• To prepare derivative works based upon the
• To distribute copies of the photograph to the public
by sale or other transfer of ownership, or by rental,
lease, or lending;
• To display the photograph publicly;
Copyright conferred by sections 23 and 24 of the Copyright Act
shall vest initially in the author:
Provided that where a work -
(a) is commissioned by a person who is not the author’s employer
under a contract of service; or
(b) not having been so commissioned, is made in the course of
the author’s employment under a contract of service,
the copyright shall be deemed to be transferred to the person
who commissioned the work or the author’s employer, subject
to any agreement between the parties excluding or limiting the
(1) Independently of the author’s economic rights and even after the
transfer of the said rights, the author shall have the right to-
(a) claim the authorship of the work; and
(b) object to any distortion, mutilation or other modification of or other
derogatory action in relation to, the said work which would be prejudicial
to his honour or reputation.
(2) None of the rights mentioned in subsection (1) shall be transmissible
during the life of the author but the right to exercise any of the said
rights shall be transmissible by testamentary disposition or by operation
of the law following the demise of the author.
(3) The author has the right to seek relief in connection with any
distortion, mutilation or other modification of, and any other derogatory
action in relation to his work, where such work would be or is prejudicial
to his honour or reputation.
Simply put. If you abuse any of the ownership
rights of a photographer (originator) without
his/her consent then you are infringing on their
Simple. If you don’t and your ownership rights are
infringed you can only get a maximum compensation
equal to the actual damages if you succeed with
claims of infringement as opposed to statutory
Statutory Damages: The charges allow copyright
holders, who succeed with claims of infringement,
to receive an amount of compensation per work (as
opposed to compensation for losses, an account of
profits or damages per infringing copy).
The photographer in question is Andrew Paul Leonard, and he specializes
in photographing tiny things. No, not macro photography… think
tinier. Leonard captures images using a scanning electron microscope
(SEM), and he wasn’t too happy when he discovered that Stemtech
Health Services, a supplement sales company, was “using, copying, and
displaying” his work on its website and in publications.
Leonard was awarded $1.6M in actual damages on October 11th after five
years of taking Stemtech to task in court. And the kicker here? As we
said, $1.6M was actual damages. Unfortunately, Leonard didn’t register his
copyright until after the infringement took place, so he wasn’t eligible for
any statutory damages at all. Can you imagine how much he would have
made if he had registered ahead of time?
Originally from PetaPixels.com
1. Collect registration form from the Kenya Copyright Board’s reception or
download the same from the Kenya Copyright Board’s website, www.copyright.
2. Fill in the relevant details
NB: Any such person purporting to register a work as an agent is required to
produce an authority letter, from the owner of the work, authorizing him/her to
act as such agent for purposes of registration and/or for any other purpose, as
far as pertains to such work.
3. Have the forms Commissioned by a commissioner foroaths.
4. Attach two ORIGINAL copies of the work
5. Deposit a Non-refundable registration fee of Kshs. 1000 in the Bank Account of
the Kenya Copyright Board:
BANK NAME : KCB
ACCOUNT NAME : KENYA COPYRIGHT BOARD
ACCOUNT NUMBER : 1104002450
BRANCH : KIPANDE HOUSE
6. Present the Bank Deposit Slip at the reception of the Kenya Copyright Board,
where a receipt will be issued.
7. The Certificate of Registration will be issued
License descriptions are used in estimates, invoices, proposals,
correspondence and other documents to communicate the scope of
usage allowed for a particular image or group of images. An image
license typically defines a grant of one or more of your exclusive rights
under copyright law: to reproduce, distribute, transform, display and/or
to perform your photographs. In granting a license, you are the “Licensor”
and your client is the “Licensee.”
In describing a license, the goal is to:
• Grant (or offer to grant) your clients an agreed scope of usage,
permitting only specified usages, while constraining all other usages.
• Ensure that your clients and other reading the license will precisely
understand what they can (or cannot) do with your photographs.
• Protect your photographs from unlicensed usage.
A license description should include the parties,
permissions, constraints, requirements,
conditions, image info and other relevant
information. The wording should be clear and
concise. If you are not an attorney, don’t try to
write like one. Just state the information in simple
terms, to communicate the image usages that you
are offering to grant to your client. For details got
to the Appendix
The Picture Licensing Universal System—a
cooperative, multi-industry initiative — provides
a system that clearly defines and categorizes
image usage around the world, from granting and
acquiring licenses to tracking and managing them
well into the future.
The PLUS Registry at www.PLUSregistry.
org is an online resource developed and
operated cooperatively by a global Coalition
of all communities engaged in creating, using,
distributing and preserving images.
The Creative Commons copyright licenses and
tools forge a balance inside the traditional “all
rights reserved” setting that copyright law creates.
Giving everyone from individual creators to large
companies and institutions a simple, standardized
way to grant copyright permissions to their
Working for experience (Working for exposure)
isn’t bad. It will not devalue the industry. It is a
necessary form of building our own individual
value. But giving away free commercial work
is the sure fire way to devalue YOURSELF. If
we just dedicate the same amount of time into
collaboration as our peers put into their degrees,
we might find ourselves in a better position to find
• Production Costs
• Creative Fee (Day Rate)
• Licence Fee
• Retouching (Digital Service)
Production charges are simply the costs incurred by you,
the photographer, in executing the production of the
images you were hired to create
• Equipment Rental
• Photographer’s Assistant
• Producer Fee
• Stylist and or Make-up artist
• Prop rentals
Consider your Creative worth + Cost of doing
The creative worth is simply the price you put
on your creative work. Cost of doing business
(CODB) is the Non-reimbursable expenses
+ desired salary = your total annual cost ÷
number of billable days = your CODB.
Without a license, the client is completely
free to interpret the usage rights however
they wish and this can lead to some rather
unpleasant situations. The best way to do this
to assign a percentage based slider on the
Total Media Buy by your client. So instance 1%
for a large volume of exposure and 50% for a
Without retouching you are just like any other
photographer. Retouching is the last evelope
a photographer pushes to bring out his style.
Consider charging your client for professional
retouching (Do not retouch yourself if you
are not a professional retoucher). This is why
you need this cost... so you can subcontract a
Send professional invoices, estimates and
StudioCloud is free, easy-to-use, business
management software designed for small
Concentrate more on the creative output
and lighting setup. Leave production
matters to production people. You can’t
Model and property release form are
crucial for advertising agencies and their
clients. Make sure you have them where
appropriate with details on intended
usage and compensation.
Your camera specs should have high pixels
- not below 24 MP, Full Frame with a good
lens of your choice. In advertising this is the
Invest in a professional lighting kit. Not them
Chinese knock offs - they will make you loose
a client. Plus good lighting kits build your
confidence and the confidence the client will
have in you.
What makes you different from all
the other photographers?
Never give the client RAW files unless
asked for... process the images instead.
Get rid of the purple fringing, chromatic
abrettion, sharpness (do not over do
this), distortion, crop, add basic contrast
and save as uncompressed TIFF.
Based on the campaign needs of your
client, offer professional retouching
services. This the most critical aspect of
modern advertising photography.