Pixiq

One of the less exciting parts of running any business is reading over contracts sent by your client, or drafting contracts for your client. It is tedious work, but you have to read them carefully as some clients include some very distasteful rights grabbing clauses in their contracts. The language usually is a result of the legal department, not the photo editor you are dealing with, so be firm in rejecting these clauses but also go easy when discussing them with your photo editor, who will be your main contact to discuss alterations in the contract.

One of the biggest issues you want to look out for is any clause saying, “You grant us unlimited, royalty-free rights to use your images in perpetuity throughout the universe.” Of course, it won’t be that dramatic, but the end result is the same—that they can use the images for the rest of time in any fashion they want. That might sound pretty crazy, but I have seen it in more than one contract. Contracts are a place where some clients will try to trip you up and get more than they paid for, so be aware.

I would suggest having a contract with each and every client for which you shoot an assignment. This is just good business because it clearly outlines your duties, the amount you will be paid, the date those images are due, and all of the other little details so there is no confusion between yourself and the client. I will not walk out the door to shoot an assignment without a signed contract unless I have worked with that client many times and know a contract is on the way. If the client is going to fly you to the other side of the planet and you will be fronting the expenses, you definitely want a signed contract before you leave to guarantee you will be reimbursed and paid for your work. Many of the business books I referenced earlier go into great detail about contracts and understanding them.

One of the basic skills needed in any business is the skill to negotiate. In the business of photography, you will be negotiating all the time. Just about every time you license an image there will be a negotiation involved. Sharpening your negotiating skills is a must if you want to make it in this business. Again, the books I referenced above are great resources and are required reading for anyone looking to make a living from their photography.

Your most powerful negotiating tool is saying no. No to low pricing, no to accepting rights grabbing contracts, and no to bad deals. As we talked about in our pricing example, you want to call the client back after you have carefully put together a quote. If you hear twenty seconds of silence on the other end of the phone then your price may be a bit high, or at least more than the client was willing to pay, or you might just be dealing with someone that doesn’t fully understand how images are priced. In either case, you will have to negotiate or educate your client on image pricing. If you hear the client say, “Sure, that’s great,” then you’ve either just shot yourself in the foot by quoting too low, or the client realizes the price is fair. Don’t get too hung up when the client wants to negotiate. It is their job to get the best images for the least money and it’s no different than when you look for the lowest possible price for a lens or a new camera.