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Fee For Usage - Request Advice From The Pros

Discussion in 'General Discussion' started by kennyg92, May 24, 2007.

  1. kennyg92


    Oct 23, 2006
    Seattle, WA
    A photo of mine is to be placed on a T-shirt which will be sold by an independant vendor at a large event.

    There is no telling how many shirts will be sold at this point.

    Would you charge a per-item fee, based on the final sales tally, or would you charge a flat up-front fee for the use of the photograph.

    In either case if someone could suggest an appropriate fee to charge that would be very much appreciated as well.

    I have some input from a couple of other pro photographers, but not a general concensus.

    One opinion is that a flat fee would insure that I wouldn't be held hostage if the person didn't sell many shirts - yet on the other hand if the person sells thousands of shirts I'd be better off going with a per unit charge.

    I value all opinions on this and thank you in advance for your suggestions.

  2. I guess I will fall under the general consensus.

    It would depend on what the event is, cost of tee shirt (selling price and cost of MFG), design of the shirt and the picture used.

    Has this vendor done this before, what was his experience? Are there others selling shirts.

    What are the demographics of this event?
    How many years has this event been going on?
    How big is this event?
    What type of event? (You would sell more tee shirts at a festival vs. a polo event)
  3. Unlesss you enjoy accountancy (yuch), I'd avoid a per-item charge, as it would entail reviewing the vendor's books sometime after the event.

    I'm guessing the didn't take the picture at the request of the vendor. Unless there's something very unique about it, I'd ask for a couple of hundred for the t-shirt rights.
  4. kennyg92


    Oct 23, 2006
    Seattle, WA
    Yep, Frank, that's my thinking exactly, and probably where I'm heading.

    Thanks for the reinforcement of opinion!!

  5. Jeffx2


    May 2, 2006
    St. Louis, MO
    Are they going to take orders for the t-shirt at the event or will they actually have them to sell? If they have the shirts already made, then you know what the print run will be and can charge based on that.
  6. SteveK


    Mar 16, 2005
    Flat rate. 1,000 T shirts printed should bring you somewhere in the vicinity of $350. 10K T shirts should pay you about $475.
  7. Wheeler Dealer

    Id let them do the first 50 for the fee of 6 shirts, then Id apply Steve K.s figures.
    This way, you get free clothes and samples and they and you know if its gonna go.....
    It would keep the project moving. :wink:
  8. I have no experience selling anything, however way to go.

    A Drag picture from PR? Should I see these for sale there?

    And what the heck is the teaser for Pacificgp?
  9. If I were in this position I would ask 250.00 and 25 shirts to license this project. If they are successful you will get to repeat the excersise.
  10. Yeah......me too. My wife and I have been in the "art" business for over 35 years and our experience with royalties has been rather disappointing, especially with small companies dealing in small quantities. Each year it seems that honesty becomes less and less stylish.

    Go for the up-front fee and be certain to license the the image for a particular product category as narrowly as possible; in this case T shirts only.

    And insist on a reasonable number of samples.

  11. Like a few others, I recommend an upfront, fixed fee. Base your price on how many T-shirts they are going to print. Let selling them be their risk, not yours. Consider the purpose for which they are using your photograph. If they are advertising a product, the license fee should be higher. If they are simply selling a "pretty T-shirt", it should be lower.

    Write up an agreement that is specific in its terms. Describe the picture you are licensing (including an image ID), how many T-shirts your fee permits them to print (i.e. up to XXX T-shirts), and that it is for one run only. Also specify that any other use requires a separate license agreement and license fee, and that a larger quantity also requires additional license fees. Finally, specify that you retain ownership and all rights to the photograph.

    You can find sample stock photography licensing contracts at ASMP.org and some other online resources. EditorialPhotographers.com has some too.
    Last edited by a moderator: May 26, 2007
  12. Good clear advise Walter.
  13. I personally would go with a flat fee. It would be nice to see people walking around with your picture on the T shirt.
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