The Car Rental Analogy

As photographers, we watch out for our copyright, but negotiating with clients can sometimes be challenging, especially when you are dealing with the "middle man."

"I understand where you're coming from; after all, I am an artist, too," some buyers will say, "but what do I tell my client so he understands?"

There are a couple of points I use with clients in these situations. One is the car-rental comparison:

• If I rent a car, I pay by the day.
• If I rent a fancier car, it costs more than the economy model. Similarly, if a client wants a one-shot photograph for a project, it will cost less than a major production.
• If I rent a car for four days, it costs four times as much as one day. If I shoot for four days, it will probably cost the client four times as much as one day. If, on the other hand, I rent a car for five or more days, I tend to get a break, just as I give my clients for a job of five days or more (or whatever number of days I deem prudent and fair to both sides).
• If I opt for a GPS system, a child's car seat, and/or a rack on the top, those are extras that add to the cost of renting the car, just as extra usage merits a higher fee.
• When all is said and done, I bring the car back to the rental agency; they own the car they have produced for my use, after all, not me, just as I own the photography that I have produced for a client, not them.
• I provide a service to my clients, just as the rental car company provides a service to me.

The other is the advertisers comparison:

• If a publisher pays a photographer and wants unlimited rights for a "one-time" assignment into the contract, why do they not do the same for their advertisers who pay them? We are talking usage in both cases.
• Reuse merits repay. Just as their advertisers may expect to pay additional fees for each ad insertion, with perhaps a discount for multiple insertions, so should the publisher expect to pay additional fees for additional insertions of photographs.
• If there are multiple insertions, there is often a discount for advertisers, just as I rarely charge a full stock fee for a client who paid for an assignment and wishes additional usage; instead, I tend to charge 75% of the normal stock fee for that usage.

I am not saying this always works, but I have found it to be very effective in numerous cases.

--Margo Pinkerton, President ASMP/NC. Margo runs Barefoot Contessa Photo Adventures and is the author of a weekly blog with articles and tips on photography and travel.

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