FAQs - licensing, Copyright, Pricing, and my process.

How much do you charge for a full or half-day? Because commercial photography is not a commodity, there is no set price for my services. The market shifts year after year, and I maintain a position to be adaptable and grow in this business. It's essential to manage expectations, and to do that well means delivering high-quality photography within a variety of different budgets and being a clear communicator. Since each assignment is unique, I price each shoot based on variety of factors, not by full or half-day rates. I can quickly estimate a price range based on a few factors if you need rough numbers right away. And the more information I have, the more accurate the estimate will be.

Who can use the photographs we're hiring you to produce? If you've worked with me before, you know that the answer to this question is probably the most important to me. As the commissioning party, you’ll be granted a commercial license to the photographs you choose from the shoot. If there are other businesses interested in using the images, they may either buy-in on the shoot from the beginning or purchase a license afterwards. If you’re feeling generous, you’re also welcome to add a gift-license to your invoice for another party who worked on the project (like an independent interior designer, contractor, landscape firm, etc.). Only those that have paid for my services or have bought a license to a set of images will be granted rights to use my photographs to promote their business. Businesses and magazines can purchase a license to my photography at any time.

May we send photographs to a magazine or blog for a story? Yes, and no.

There have been times in the recent past when I've found images of mine used without my permission. I've caught them in posts belonging to social media profiles of businesses I've never worked with or who have never paid for my services. I’ve seen my work pop-up in blogs, in trade journals, and in magazines without proper compensation. I hope this isn't a growing trend, and this is why I’m taking the time for a bit of education on this topic.

Any reputable editorial publication, digital or print, understands how licensing works and that directly attributing a photograph to a photographer with just a byline, without permission, is an infringement on the copyright of the creator. "Courtesy of…" generally means that someone provided photography to a publication gratis. Reaching out to a publication or infringer and then to my clients to ask them how the images got published without my knowledge is uncomfortable and very time-consuming. But, I'm dedicated to protecting my revenue stream and work, so the infringer or my client will need to pay a fee for the use.

That said, all of my client’s may buy advertising or publish advertorials in a magazine with the commercial license I grant with your purchase. But, if the magazine or blog is creating a story and writing an article that mentions your work and they’re asking for photos to put in their article, they or you need to pay me for their use as a part of the magazine or blogger’s commercial business activity. Here’s my reasoning behind this:

Have you ever read a magazine or blog without pictures in it? And enjoyed it? Magazines may have their own have in-house photographers, a cache of freelance photographers they work with, or photo editors who are wizards with a camera. At the end of the day, someone gets paid for their work and for the right, sometimes the exclusive right, to publish the work.
Ever wonder how magazines survive, or bloggers earn an income? By selling ads. And, who buys ads? Companies with advertising budgets who are interested in growing sales and targeting specific audiences and demographics. They buy ads and ad space is not cheap. A magazine or a blog without photography is not going to have a large subscriber base, and selling ad space would be virtually impossible. So, magazines know full well how valuable good photography is and each of them budget for paying the photographer. Though they’ll eagerly try to get images for free first.
If you want the freedom to send images to publications for editorial stories at will, I can include this in your licensing agreement. A one-time fee will be assessed to cover the future revenue that would've been gained if the magazine had paid me directly for space rates and exclusivity.

I should note that each time I've caught an infringement, I've been paid by someone to make up for it.

What about licensing in the age of social media? Social media can seem like a free-for-all, but it most certainly is not. If you haven’t noticed, I do not have a social media account. I was an active participant since the early days of Facebook, circa 2004. But, again, self-publishing my own work on their websites, was helping them sell ads - and social media companies make a hell-of-a-lot more money than I’ll ever make doing what I do. And, although creating a social media profile and posting daily is currently free, when companies use someone else’s photography to promote their brand that implies that they’ve paid for the license to use those images to promote their business to the masses. The commercial license included in your purchase of my photography includes your right, and your right only, to publish and post on social media profiles and blogs owned, operated, and under your company’s brand only (and in some rare cases, a higher fee may be assessed to include multinational parent companies and subsidiaries). But, companies who have not purchased a license to use my photography will be committing copyright infringement if they post my work without permission and most likely some form of compensation.

What are your favorite subjects to shoot? I love photographing exteriors of buildings. Staring at buildings is what got me into this. As a college student, carrying around my 35mm film camera, loaded with black and white film, and looking up at the world that towered around me, was a passion that would get me lost in thought, and lost in general, for hours. But, lately, I've really enjoyed seeing the innovations in sustainable material use and how furniture design is becoming more romantic, textural, and inventive. There’s also been a huge push to bring more of the natural environment into the confines of our concrete jungles. What's grabbing my attention more and more is seeing highly visible pedestrian paths created throughout cities, with public/civil design taking a firm hold with its Eco-conscious intention and beautiful landscape design.

What camera do you use? Getting photographers to talk about their gear is akin to asking a race car driver about what's under the hood. This answer could take hours, and among fellow photographers it inevitably becomes the topic of conversation no matter the occasion. While it matters immensely what tools we use to produce great photography, the answer to that question seems to change every 2-5 years with all of the innovations to camera design. So, to answer this as kindly but as completely as I can, I use a digital camera with multiple lens choices, usually tethered to a capable computer, to capture the best base or raw images. So, when I go back to my office to edit the captured images, I'm not struggling with outdated or under-performing technology while trying to produce the photos I thought I could while I was in the field.

Pricing - HOW I DO IT.

My rates include a combined Fee for Photography and the Licensing of a predetermined set of final images to be delivered after a shoot, and I call this a Creative Fee (see Licensing 101 below). This fee is usually the most expensive line item on my contract and invoices. It is the foundation of the pricing schedule. This price is always determined by the scope of the project and may ultimately depend on your budget. This is typically the price I'm billing for my work and what I look to make on a shoot.

I almost always try to bring along a Photo Assistant. This person is usually a veteran in the field of assisting. To be clear, they are not my employee, but a subcontractor, thus the price of hiring them is not set by me. Each professional Photo Assistant in the industry has their own rates, and the cost of hiring them on the shoot is passed on to the client. Having an assistant along to set up equipment, move gear, move furniture or other elements within a scene, check image files as they import from the camera into the computer, and sometimes to run out and pick up lunch or coffee, is an invaluable asset on shoots of any size and scope. The cost of having them along, in the Boston area, is usually between $300-450 per shoot day.

I don't always charge for Travel. I have to travel to every shoot I do, so I don't typically charge for ordinary travel expenditures - except for parking fees in some cases. If the shoot is out of state (beyond a 4hr drive from Boston), requires a night's stay at a hotel, a flight, parking in a city garage or lot (those can cost $30, $40, $60/day), or we need to rent a van for more gear than my SUV can handle, then we’ll discuss charging for those job-related travel expenses beforehand and will consider your approval before including that price in a quote.

Here’s how I approach my fees related to retouching, or Post-Production. That'd be weird if I just gave you the photos straight of the camera. I strongly prefer not to. Every photo I deliver has to at least be minimally edited. Most of my editing decisions are previsualized in the field, and communicating those edits to someone else is too great of a challenge. It can lead to the mishandling of the image files, resulting in images I didn't intend on creating.

Though more and more firms have staff who are equipped with photo editing software and some knowledge on how to edit photography, my images are almost always composites. I almost always create multiple shots of the same scene only to combine them and balance exposures and lighting correctly. I simply cannot entrust the results of someone else's editing to reflect the style of my work or, more importantly, be a result of my vision for the final edit. While I do not typically charge for this as a separate line item, it is a part of how I determine my Creative Fee. In the rare instance, a phase of retouching is outside my skill-set (not very likely), we may discuss sending files to a professional retoucher under my direction. There are a few retouchers I work with regularly that can lend a hand, for a fee, in balancing my workload. Just know that hiring a retoucher can add $500-2000 to the price of the shoot (consider this an increase due to demands on my time). Again, like photo assistants, retouchers are not my employees, and they charge the rates they determine.

And, lastly, on the rare occasion that it may be necessary to have multiple camera setups around a site, or similar points of view being photographed simultaneously, or we're going to be traveling for a while without easy access to my office during off-hours, I may require additional cameras and lenses - beyond what is already in my kit. And, for this, we'll discuss Rental Equipment. If it's necessary, we'll discuss this, and I won't rent anything and bill you for it without your approval.

NOTE: Always read, sign, and date an estimate from me as soon as possible, or at least within 15-days of receiving a price estimate to ensure the prices and my availability are locked-in. A signed estimate enters us both into a contractual agreement. Still, if an estimate is not signed, then there is a little legal authority to enforce our implied agreement. Every part of a photo-shoot is a collaboration between my clients and me. If you have needs or expectations and they're listed in my estimate, it's in your best interest to sign my agreement and hold me accountable for producing imagery according to your expectations. This protects me, too - as I do love being paid for my work on time. So, out of respect for me and my industry, please sign my contract before the assigned shoot date.

Next up…

Licensing 101 – How it works.

Creating marketable images to share with your current and prospective clients is the final part of the build process (besides those never-ending punch lists). Hiring the right photographer for the job will result in photographs that will aid in future proposals and generate sales.

It's those sales that photographers should be most interested in generating for their clients. If a company uses photographs to promote their services through marketing, whether they pay for advertising or post on social media for free, those photographs are generating potential income. Photographers can improve the viability of their business by licensing their work to clients for commercial, promotional use.

A photographer creates a work of intellectual property once they compose an image and press the shutter. Like other creative arts, copyright laws protect the work photographers create. Holding the copyright to their work provides a means for a photographer to generate income from licensing usage rights for images to their clients.

Licensing is an agreement to issue a copy of the work generated by photographers in exchange for a royalty fee, granting the licensee the right to use the photography in ways defined by the photographer, for the length of time allowed by the agreement.

The Life of an Image

Current thought is that a photograph has a marketable lifespan of maybe a few years. It's been my experience that architectural firms can find a use for decade-old images if it helps illustrate a design concept to a potential client. So, in some licensing agreements, you may see licensing terms issued for as short as one year or as indefinite, perpetual use. Photographers who offer stricter terms may perceive a higher value for their work and expect a broader potential for future revenue by asking their clients to return year after year for a new license.

It has also become acceptable to issue a perpetual usage license that may price higher now but won't require the licensee to return to pay for more licensing when they need to use the image three or ten years from now. Either way, how a photographer licenses their work should be a reflection of their business strategy and their knowledge of their clients' market share and a project's potential to generate their client's revenue.

Commercial Use of Photography

What a photographer perceives their work is worth is an age-old discussion that will vary by market, expertise, business structure, and most clearly confidence in their work. There are no clear standards in the way photographers price or grant terms for the use of their images. Some photographers combine licensing fees with their photography fees for each assignment, calling them "Creative Fees," so seeing a clear price per unit is not generally possible. And, other photographers bill their clients per image for usage rights.

What a photographer considers in pricing their work should include factors that separate them from the pack with value-added services. Such distinctions could consist of implementing more advanced camera technologies, showcasing more years of service as compared to their competitors, or by providing more efficient services than their competitors. Also, a photographer's locale and general knowledge of how their competitors price their work will indicate the market value of images. By maintaining a sustainable business model, a photographer can predictably work for the same clients year after year and create a protected habitat for their competitors.

A Dedicated Approach

As my business grows, I have more assignments that now include multiple parties buying-in on projects from the start. By combining my fees into a Creative Fee and granting generous licensing terms, I can more easily distribute costs between all parties buying-in on a shoot and make the administrative end of my business streamlined and more uncomplicated for everyone involved.

If you have any questions, please don't hesitate to reach out by emailing me at hello@josephferraro.com or calling 617-335-8925.

Copyright - Ownership.

In short, if I make the photograph, I own the photograph. But, if you'd like exclusive ownership of my photography to use, distribute, and sell as your own, then we can discuss a transfer of copyright (know this is a very costly transaction). Or, you may offer me a work-for-hire contract that buys me out of my copyright before production even begins. A work-for-hire deal may not be proposed after the production has started, and it most certainly costs much more to hire me under these circumstances, too).

The American Society of Media Photographers (ASMP) is a national professional photographers organization and advocacy group, frequently involved in influencing legislation at both the federal and local levels in support of photographers and their copyright protections.

I first joined ASMP as a student in 2006 and was a member for many years. Here's a note from them about copyright:

"The business of professional photography is broken into three main categories of use. Commercial refers to photography that is used to sell or promote a product, service, or idea. Editorial refers to photography used for educational or journalistic purposes. Retail refers to photography commissioned or purchased for personal use.

The difference between these categories is not in the type of photography but in the use of the images. Commercial, editorial, or retail, photographs are intellectual property. Unless the photographer is an employee or they have contractually transferred ownership, the photographer becomes the owner of this property when they create an image. Licensing this property for specific uses is how a photographer's business generates gross income." – ASMP

Copyright gives the photographer the sole right to decide who can use the work that has been created. US Copyright Law, Title 17 of 1976.

You create it — you own it. Copyright comes into existence automatically when the original image is captured.
Any person or business must have permission (a license) to publish (reproduce) images in any medium, physical or electronic.
The photographer does not have to register the work with the US Copyright Office to acquire copyright.
The photographer's name and/or the copyright symbol does not have to appear on or next to the image to have copyright protection.

As I've written above, ownership of my work is an integral part of my business. The ability to create revenue streams through licensing my copyright protected work is what allows independent creatives like me to make a living doing what I love.

Since I've gone into greater detail in my previous articles that included my practice of copyright protection and licensing, I'll leave it here, and I look forward to writing more about my actual photography in the future.

For more info, please don't hesitate to reach out and engage me in a discussion on the topics you've read about here.

Phew!! That's the end of the CEO-style information dump and my administrative side of the business. Let's get to the good stuff and put a lens on my camera and make some pictures!

Thanks for reading!!

- Joe

Reach out: hello@josephferraro.com

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