The other day I had an e-mail from one of my
regular clients. Not angry as such, but
well, this is what he wrote:
“I have received an invoice from you for the
use of an image on billboard advertising. I feel that this seems a bit
excessive in the context of the other fees that we pay and would request that
you reconsider this invoice.”
On the face of it I could
have reacted by being angry and cross, but instead I thought it would be best
dealt with by explaining to my client why he had an invoice.
So this is what I said to
him in reply.
"I have as requested given further consideration to the
invoice.
The fees that I charge your business during the
process of providing you with a photographic service, cover the specific needs
outlined on each occasion, and for each individual shoot. As you know these requirements vary from internal editorial uses to a small number of advertising publications. The requirements are set out by yourselves
before each job is undertaken.
I understand that you are unhappy with the invoice issued
to cover the billboard advertising (adverts that have already been in place for some
months), and for which no agreement currently exists between us.
The billboard use was never
mentioned when the initial commission was discussed, and had it been then I
would have negotiated a higher fee to cover this extra use of my work, (as you
will agree, the more work done and used, the higher the fee).
The fee charged in this case is a heavily discounted
one - on what is a bespoke image, and is
not covered by any existing agreement that I have with your business.
I have been concerned ever since the initial work was done,
that the contract for the work itself needed discussion and revision, because your
photographic requirements have changed over the past year.
When the work was commissioned by your management team
and agreed by myself, it covered a wide range of uses, as we discussed, and the
fee paid reflected those requirements, and the work done to acquire the
imagery in the first place.
The specific uses licensed were:
- Your company website
- Brochures and leaflets promoting ‘your business
- Annual Report
- Advertising in external regional publications, e.g. Nottingham Evening Post, NG3, NG5 and similar, for the duration of the license
- Duration of the license will be for one year from date the contract is signed
- Storage in an on-site DAM system (to be agreed)
Under the
circumstances I believe that the invoiced fee is very reasonable considering
the extra unforeseen advertising use of the image and the circumstances. If your
business were to obtain an ‘off the peg’ image from a photo agency, it would
expect to pay anything from £500 to £1500 (maybe more) for billboard usage of
this kind.
A bespoke image (photograph) such as the one used has considerably more value.
The fee I have
charged, (and the substantial discount already included), reflects the fact that
it is an image that has been used by yourselves once before, even though there is currently
no contractual agreement for it to be used on a billboard between our two
businesses."
It is sometimes very
difficult as a supplier of created works dealing with clients. One tries to
advise them of the most effective way, and the most economic way to get the best use out
of bespoke imagery, but sometimes they simply do not listen. I know the old adage:
“The client knows best”.
But do they? Do they really? Do they always? Why hire an expert and then ignore the advice
they give?
Photographers more than
almost every other creator are under huge pressure at the moment. On top of the perception that everyone with a
mobile phone is now a competent photographer, we also have the added
difficulties of a world wide recession, more specific in many ways here in the UK.
If I hire, and pay for a car for a
fortnight and then decide to take an extra weeks hire, is it reasonable to
expect that extra weeks hire for free?
No, of course not.
It is absolutely essential
for photographers and clients to spell out exactly what each party expects from
the other, including exactly what service is required, and what remuneration is
to be made for that service. Business is
based on supply and demand, and the terms and conditions are spelt out in
contracts. They protect both sides. To do business without those requirements, including terms and
conditions in writing, even if it is little more than three sentences stating
specifically what service is to be performed, to what time-scale, and how much
and when remuneration is to be paid, is plain daft.
You know it makes sense :-)
Pete Jenkins
Member of: The National Union of Journalists
Posts
Nice reply. What was their response?
ReplyDeleteI have a meeting, but I know the client is already looking for alternative suppliers - such is the way of things.
ReplyDeleteThe business needs changed - they do, but client made a fundamental error and wants the mistake to be mine (I suspect). After all (in his head), I am another one of those money grabbing, greedy photographers. It is only photography after all :-)
I always regret losing valued clients, (all my clients are valued), but sometimes one has to stick to principles. Working under cost etc never pays dividends