Photographer Ripping You Off? LICENSING EXPLAINED

[@veronicaeastell777]

I continually come back to this video in those hard-to-navigate moments when discussing with clients a licensing agreement or why I request they don't give away my images to others. It's always such a weird space to navigate, and this video helps me find my words when my anxious mind wants to give in and not push for licensing (which I'll later regret!). THANK YOU !

[@jamilgotcher5456]

Hi Kuoh, I just explained this to a model that hired me to shoot her portfolio. She had gone to a spa like place to get her makeup done. She paid the makeup artist and the makeup artist herself shot some photos of her once she completed her makeup and then she posted the photos (the makeup artist) to her own social media. BUT the makeup artist also asked the model if she could use the photos from her portfolio photoshoot (my photography) to post to her makeup artist social media and who knows where else she was going to use them (website). Any way I told the model, that even though she is a new model, that it is not fair to just give the makeup artist photos that she the model paid for. I told her that the makeup artist will tell you that she will tag us but I told her that she (the model) may want to not charge her and may want the exposure but that I don't and that I want some money if the makeup artist wants to use the photos on her social media, shout outs rarely help photographers. I told her that there is a reason that the makeup artist wants the photos that I shot because they have value, more value than the photos she shot of the model at the makeup studio. I told the model, it's not uncommon at all that others will approach you about wanting to use the photos but the facts are, neither you nor me can make that decision alone. I cannot sell the image either without the model's consent and or give the image to anyone to use for their advertisements either and that she and I will come up with a price that we both want for our work. I asked her, wouldn't you like to start recouping some of the expense of becoming a model by starting to charge people to use your image? I said at the very least you should learn to negotiate with the makeup artist and get your makeup applied free sometime or a complimentary facial at their spa etc. But I said even then, I will still want a small fee (for my work) even if they want to use the image in any way and that includes social media.

[@cnlicnli]

At the approx. 2:55 mark of the video, Kuoh Photography mentions a *BUY-OUT* fee, where the client gets to have an *exclusive* right to use the photograph (i.e., the photograph won’t be licensed to others). *BUY-OUT* can be a CONFUSING licensing term that describes the acquisition of broad usage rights. Keep in mind that the term *BUY-OUT* is a vague licensing term; it’s really *slang* that has *NO* legal authority in law or photography. *BUY-OUTS* can have *DIFFERENT* meanings to different parties: 1) Some clients believe a *BUY-OUT* is a “copyright transfer,” where the client will own the photograph and its corresponding title and interest (the photographer gives up/transfers *ALL* rights to his/her photograph). 2) Some clients believe a *BUY-OUT* is a non-exclusive, *unlimited* use of a work (the client gets to use the image in all media for, say, one-year, but can NOT transfer those rights to another party). 3) Kuoh Photography uses *BUY-OUT* to grant the client an exclusive right to exploit his image. The best practice is to use *exact* terms in our licensing agreements rather than the imprecise term of *BUYOUT* . See UsePlus.org for the definition of *BUY-OUT* : www.useplus.com/useplus/glossary_term.asp?pggl=1&tmid=10600000 So, if a *BUY-OUT* means granting unlimited rights to a client, then write the license as “unlimited use” (for a limited timeframe, territory, media, etc.). If a *BUY-OUT* will provide the client with all rights, copyright interest/title, and ownership, use “copyright transfer,” and confirm both transactions in writing (however, you really do *NOT* want to transfer your copyrights to clients!)

[@kuohphotography]

This is amazing, thank you for commenting!!!

[@ABEAST187]

Dope video man! Do you have any books to recommend on the subject?

[@fearlyenrage]

you put it exactly on the point man! A good image is an asset for years to come. Why just sell it once and the client profits it from it for years! I put on my images always a copy-per-number fee on, took me some weeks to implement it but it cashed in baby! and anyone who needs an idea on the how to, it is simple. You write following stuff in a contract: "when the images are used commercialy on any product you have to pay me 0.05 cents on etch print you make from it or you have to pay me a penalty fee of 5000$ for etch image-copy you used on a product without my permission." For website uses i will give a course ^^

[@strikingmediallc8269]

super helpful! Please keep making this kind of content as youre able! I hope you and your business are doing well!

[@taylahsimmons]

Awesome video, really nicely explained !! Love the graphs

[@kuohphotography]

Much appreciated!

[@jeremiahdauphinais7186]

Amazing video brother. I'm shooting product and baby photography for a friend right now. The first shoot I charged him for, and he gave me a custom painted miniature for my services. I've just done my second shoot with him and I have decided to make a simple agreement with him. I like how you mentioned the bit about how you should value what your client is giving you in return as well! I've always heard to take up any offer that comes up when someone asks you to shoot something for them. I wonder if that mindset changes if I actually had a business.

[@Prime8inAtlanta]

Great insight into what it means to be in business for yourself, and what the true value of your work really is (or should be)! This is an outstanding video for not just photographers but for all artists, musicians and writers!

[@LilGreenKitty]

Totally appreciate this video even though it did not answer the questions I had. Very glad I clicked. ::thumbsup::

[@JohnSmith-nb8lh]

Excellent video sir. Thanks for the informative post. Very well put. I've been hunting around for an eloquent way to explain licnsing to diffrent clients, so I will be adding a bit of this to my client script. Love the graphs btw! Great work!

[@DynastyUK]

Great video, You explain everything so clearly and in a way I try to explain to people but fail at miserably! Might just link them to your video in future LOL

[@3Mil1D]

No need for fancy effects when the info is so good. Great video, I loved it, specially the graphs and conclusion. Thanks for sharing.

[@FaizKhan-nr1jt]

There is a ton to learn about this subject. I thought I could just go out and shoot some pics for people and make money, but there is a ton of licensing costs too.

[@haqi9fly]

Like the the last of your vid vary humble, and real! It takes a real man to do that. I,respect that.

[@haqi9fly]

Hi Kuoh! Awesome vid man. So can you give us an example of the contract you use with your clients to inform them that you’ll be licensing photos of them to companies? I’ve also been studying how to license and never considered licensing pictures. It make sense.

[@JosephDTranPhotography]

Great information! Thanks for putting this out.

[@JosephHardinFilms]

This was an incredibly useful video, I definitely still do not completely understand it, but I'm working on it!

[@g-lurk]

the gallery saying "yo we can pay you in exposures"... bad gallery, BAD!

[@kay-chuah]

Well explained. Thank you!

[@tegidcartwright1202]

This is excellent - you should do an update!

[@kuohphotography]

Will do!

[@nickerdo03]

You are the man, thank you soooo much for this video ! Greatly appreciate it

[@kuohphotography]

You're welcome!

[@marklarson3934]

Great video. Question: If one captures exclusive photos of political figures and top celebrities how would you market that. 20 years ago I sold the exclusive rights for each photo ranging from $500 to $3500 per shoot. Which was a BIG mistake as my competitors were making up to $60,000 for a single shoot in licensing fees. I like to sell to the Daily Mail, OK Magazine, TMZ , People Magazine, and possibly tabloid Magazines

[@kuohphotography]

This is a great question. It depends on demand is the short answer. But prices are not great for tabloids, and bigger tabloids will use their fame to try and low ball or grab more rights. Licensing depends on the clients too, if the clients are too small, they can't afford licensing. You have to judge each client based on their market influence.

[@haqi9fly]

Dude! This video is so informative! I will never post another photo on Facebook again. Lmao!

[@GabriellaViola]

thanks for making this video!

[@kuohphotography]

My pleasure!

[@tillynelsonphoto3628]

Great video, thank you. Where do you specify your useage? Is this in your terms and conditions?

[@kuohphotography]

Yes, exactly

[@alfredg1202]

Great video! Thank you so much!

[@xg8311]

best video I've seen on this topic!

[@kuohphotography]

Glad it was helpful!

[@shaunaun]

Thank you for sharing!

[@pauld7522]

Great advice! No I have to explain the concept to my current and future clients.

[@alessandrospiridigliozzi7943]

So... you're telling me that if Nike pays me to shoot a couple of pics of a pair of shoes, then I can legally sell those exact same pics to other people/companies if they pay the licensing fee? (unless of course nike pays for the exclusivity of those pics?)

[@minimalifecoach]

Yes, when their licensing period has come to an end you may do so. The licensing period is defined in the contract between photographer and client. However i would advise not selling or licensing a photo to a client and its competitor (ie you shoot for apple then sell it to samsung or microsoft...) that is unethical and would lead to huge client loss on all markets, the world is a small place and clients dont like unethical providers.

[@AsiyaIammuah]

Great video!

[@camillehita5996]

Thank you so much for this video! I had SOME questions ;P If you're selling your photos to a company & its actually already been paid for, like you mentioned, does the client get a commission of that sale too? Did you always have a business license? When you got your license, did you get or have an LLC or a CO? I watched another video about getting an EIN. Which website or place is secure to get a Tax ID? Do you know why it would be bad to use your social when its tax time? SORRY! I am SUPER new to creating my photography business and I just want to do things right by me and my clients. I've been wanting to do more videos so I'm SUPER excited. You totally inspired me! I love your hair by the way and I like how your bloopers were all in the daylight LOL.

[@kuohphotography]

Thanks for the comment, and the love, I'll try and answer the best I can. 1. LICENSING: If I own a house, and I rent it to you for a month. Then next month, I rent it to someone else, does the first renter get a commission? A photo, or song, or software program, or a book, or a physical piece of art, they are all property of the creator by law. So you are able to rent or lease or license out use of it. 2. BUSINESS LICENSE: If you are serious about your business, get a business license. 3. INCORPORATION: If you are making over $75k a year, it's financially beneficial to incorporate. Either an LLC or s-corp. You will save $5k or more on self-employment taxes. I can explain further if you want. 4. EIN: You get your EIN number by registering your business with the state. You should consult a lawyer about this. I set up my s-corp thru my accountant, but not all accountants do this. Also, try getting a NOLO business book if you want to do it yourself. 5. SS#: It's not bad to use your social security number. The only concern there is if you are at risk for identity fraud.

[@camillehita5996]

Kuoh Photography Thank you so so much! That was very helpful!

[@RealEstatePhotographerPro]

Good info thank you for doing the video.

[@carola.sayago]

Hi, thank you for this video and your cute graphs :) I've got a question, if my images are for sale on fine art America do they lose their license? I'm still trying to understand! Tks

[@kuohphotography]

No, you are still the creator. The person buying the print will be able to enjoy that one print. But if they decide to make copies of the print and sell it as their own, then that would be copyright infringement and can be sued by you. Does that make sense? You are still the creator and the copyright holder. If you decided to make more prints and sell them that's fine. But someone else does not have to right to copy and sell, unless you sell your copyright (aka rights buyout), then the person who bought the rights now have the right to reproduce and you do not. Let me know if this makes sense.

[@carola.sayago]

Kuoh Photography thank you for you prompt response! I've got it now :) regards from South Africa 👋

[@keithrogers259]

Great listening to you

[@jsavak99]

Sounds complicated . How can you determine the ROI objectively ?

[@kuohphotography]

This is a great question. This may be the topic of the next video. It is a complicated to figure out ROI, but there are ways to ball park it.

[@tisetso4999]

what do you do when your images have been used without licensing fees or your permission. what is the first step?

[@fearlyenrage]

that you would have to think of "before" you handle out your contract. Checkout my post upwards. You have to set the borders in the first contract before you handle out any images.

[@cnlicnli]

If you’re licensing your creative media to clients and others, you’ve *GOTTA* make sure that your works are *TIMELY* registered with the US Copyright Office, in case the client exceeds the licensing terms of your agreement or a third-party begins exploiting your media without your blessing and payment to you. Watch the first 20-seconds of this Washington, DC copyright attorney (litigator) to understand why: kzbin.info/www/bejne/mXOyfJ6oocqMabs

[@jimmyhill9591]

This video is about 8 minutes too long. A far simpler answer would have been "Do you hear that baby crying in the background? He's a very picky eater and I can't for the life of me get him to eat 'exposure'. Sadly, he will only eat Gerbers baby food and the local supermarket demands cash, check or credit card. I've tied to convince them to accept 'exposure' as payment, but my argument proved futile'".

[@3Mil1D]

Jimmy Hill oh yeah

[@ClareJoAnna]

Great information!! Thanks for breaking this down and sharing.