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"Work For Hire"

This is a discussion on "Work For Hire" within the Business Talk forums, part of the Business Discussion category; Does anyone have a work for hire agreement. I have a University client who wants a commissioned "work for hire" ...

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"Work For Hire" - 03-18-2009, 01:37 PM


Does anyone have a work for hire agreement. I have a University client who wants a commissioned "work for hire" project with complete copyrights to the images. In fact, they do not want us (PSP) to be able to use the images at all for any reason.
I know that companies "hide" under this law when people that work for them take photos, but I told the client if they are comissioning me that it requires not just a contract, but a special agreement (according to what I know of the subject). I also mentioned that the cost is higher than our "standard rates" for editorial type work because of the circumstances.

I have 2 questions...

1) Does anyone have a boiler-plate agreement I could copy?
2) Would you charge more, and if so how much? I realize the whole "base it on what your worth" theory, etc., but I was looking for something more substantial....should it be 15% more, 35%, etc. To me, it should be pretty hefty if I do not get the any credit or use of the images?

BTW, The images will be used in a magazine, and potentially - front cover.

I know some of you commercial shooters have dealt with this in the past.....I could use some guidance.

Thanks in advance,

Warren

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03-18-2009, 03:04 PM


How many images? I know a lot of guys would charge double the creative fee for unlimited usage. Don't personally know anyone who would give away copyright.

How big a project/budget are you working in? And what client is it? If it were a huge project and you were making $100K + and it were trade-type photos that not many people would have interest in....I would be pretty lax.

However, it's a pretty lousy budget anyway and they were just trying to buy you out...then I'd ask for a few thousand per images for copyright...much more if it's Michael Jordan selling Nike.

Unfortunately there is not real answer. Don't forget, in a real work for hire situation they'd be giving you the same medical and pension benefits as their employees.

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03-18-2009, 05:54 PM


Ok, thanks. I think I know where I am at on this. Budget is low I am sure, and the images are pretty basic (alumni) in various settings.

I think I will tack 100% onto the creative fee's to cover the Work For Hire aspect.

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03-18-2009, 07:02 PM


I charge a basic day rate for something of this nature. I have a half day rate which is 60% of my full day rate.
If the situation is a one time deal and they will be using your images in a magazine article, figure out what you would get if they used X number of images. If it is a University alumni group and the magazine only goes to University people, the per image rate is not very high.
Make sure your daily rate is as high as your possible per shot income would be (preferably double).
Don't give away copyright to your images unless they are wanting to pay five figures.
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