# Usage and buy-out quote.



## ntbCreative (Feb 23, 2010)

I have a client in Toronto who I shot an Advertorial which went indirectly through an ad agency.
The agency wants to use the images in a Client book for their eyes only (50 clients max)
The clients are brands not design agencies ranging from Maceys to Ann Taylor.
They have asked for 2 quotes...
#1...usage of 6 hi-res images
#2...a buyout for the images
Have anyone ever been through this before and if so...can you shed some light on it ?
Thank you
nb


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## KmH (Feb 23, 2010)

Tell them they can stuff the buy-out. It's an antiquaited term and serves neither the client (because of the expense, and they rarely *need* all the rights), nor the photographer. (because of the loss of the rights).

Which begs the question: *If they only need the images for 50 "client books", why do they need a buyout quote*? :scratch:




The "usage of 6 hi-res images" lacks pertinent info. At what size in the 50 client books will the images be used? 

1/4 page/spot?
1/2 page?
Full page/Major Illustration?
Cover?
a combination of the above?
My we assume the agency use of the images in a client book is gravy, and the original client has already paid for the shoot of the Advertorial?

At any rate buyout, per image, should be based on the consideration copyright lasts the life of the photographer, plus 70 years. (so the photographers heirs can also benefit.)

IIRC in Canada copyright only lasts for 50 years beyond the photographer's life.

I figure in the remainder of my lifetime, plus 70 years, any image I make has the minimum _potential_ of making $20,000. That's my *minimum* buyout, per image.

Edit; Sorry , I forgot to add www.cradoc.com fotoQuote Pro 6 pricing software and www.ASMP.org for licensing info and tips on countering the buyout request.


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## cirekoy (Feb 24, 2010)

Yes, if they  only needed 50 books they wouldn't want a buyout quote. They want flexibility, so they can use the images as they please if they need them in the future, but they don't have specific future plans at this time. 

This all depends on what you think your images are worth. To some, that's $20,000, others would be perfectly happy with $500.00, or even $50.00! If you really don't see these images benefiting you in the long term, maybe you want to sell them, or maybe you'd rather not, in which case ask for more specific details and work out licensing based on that. 

It's entirely your call, they are your images! It seems that this company doesn't really know what they want to do with your images, otherwise they would be more specific, but they do want the rights for future flexibility. 

No one can put a price on your work but you. Ask yourself how much these images are worth to the company, and how easy it would be for them to get other images. Start high.


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