Photographs are considered artistic/intellectual property. Like computer software, video, or music, they come under the protection of copyright laws. The photos remain the property of the photographer. Only he or she, as the copyright holder, has the right to license their use.
The fees charged for reproduction are based upon how widely and how often the photographs are to be used. The dollar amount is also commensurate with the profit that the user will realize with their use. For example, an architect in a small office using the photos in portfolios to submit to awards and publications will pay a lower rate for usage than would a window manufacturer using the photos in a national print-ad campaign costing hundreds of thousands of dollars.
Q. Who owns the photographs after the shoot?
A. The photographer does, but licenses their use to the designer with some restrictions. Without additional fees, a designer may use the photographs in portfolios, on their company website, for presentations, and for general company promotion. Submission to design competitions or to publications are also allowed.
Q. What happens if a publication wants to use the photographs?
A. Most reputable publications understand copyright and provide the photographer a fee for the use of their photos. Architecture, Architectural Record, Interior Design, the New York Times, etc. all adhere to this standard. There are many book publishers however who try to get photography for free. They either ask the architect to pay the use fee or they ask the photographer to waive it.
In this case, generally photographers adhere to the underlying principle of copyright, which is that if someone is to profit by the use of their photographs then remuneration is necessary. The book publisher is a for-profit enterprise whose product is books. Like printing, writing, and editorial services, photography is a component in the making of the book which adds to its value. Thus, publishers must expect to pay a usage fee.
Q. What if a contractor or manufacturer wants to use the photographs?
A. You should have them contact the photographer directly to arrange usage. Again, only the photographer has the right to license the use of his or her work.
Q. What is “photo credit” and how should I use it?
A. When you use any of the images for publication, in advertising, editorial, a brochure, etc., our contract requires you to provide photo credit. Photo credit is simply a line inconspicuously run along the side of an image stating “© Christian Scully Photography"
Q. Who is entitled to use the photographs once they have been taken?
A. The client who commissioned the photography is entitled to the uses outlined above. Any other party who wishes to use the images for any purpose will be required to pay a usage fee, assessed by and payable to Christian Scully Photography based on the third party’s requested specific use.
Q. I’d like to split the cost of the photo session with another company, is that acceptable under the terms of my contract?
A. We understand that many clients like to share the expense of photography and we are more than willing to work with multiple clients on a shoot. There will be an added fee equal to 25% of the total creative fee for that shoot for each additional client. This additional fee covers the cost for the usage rights granted to each additional party.
Q. What will I get to keep after the photo shoot?
A. Christian Scully Photography will retain and store the original photography on your behalf. You will receive a CD containing both high resolution TIFF files and low resolution JPEG files for each final image you select from either an online web gallery if your shoot is captured digitally or from viewing the film/contact sheets if your shoot is captured on film.
Q. How do I get prints or other materials made?
A. We are happy to order materials for your use directly from a custom photo lab where we have a long-standing relationship. By ordering your prints directly through our studio, we can monitor and ensure the highest quality reproduction of your project and our work. Feel free to give our studio a call for more information about your specific printing needs.
Q. What is your billing structure?
A. Fees and expenses on our invoices are broken into two areas:
Fees:
• Creative Fee (to be estimated once shot list is finalized)
• Production crew
Expenses:
• Prints/Digital Expenses
• Location and Travel Expenses
Q. What is your payment schedule?
A. 40% of our estimate is due at the time of contract signing to reserve the day for your shoot. The remaining balance is due upon receipt of the final invoice. Only when the invoice is paid, does the client have the rights to their specific uses.
Q. What if I need to cancel or reschedule a shoot that I have booked?
A. A scheduled shoot that is cancelled within 48 hours of a scheduled shoot will be billed at 50% of the fee as it may be impossible to book additional work with such short notice. If we are able to fill in the day with additional work, the cancellation fee will be waived.
Q. What happens when my project is weather dependent?
A. If you decide to cancel or postpone a shoot due to poor weather once we have arrived on location, either before shooting begins or after we are already underway, you will still be responsible for 100% of the fee, plus any expenses incurred. A weather cancellation or postponement prior to our leaving our studio will result in a charge of only 50% of the fee. There are many shots that can be taken and look great, even on a marginal day. Every situation is unique, however, you may be surprised to learn that many shots look as good or better without bright sunlight.
Q. Do I have to be present at the shoot?
A. You do not have to be present at the shoot, however, we do recommend that you or a representative be at the job-site to approve final photo angles, etc. If you or a representative are not present, we will do our best to interpret your goals for the photo shoot and use our best judgment in assessing the shots. We frequently scout projects in advance of the final shoot using 35 mm digital images to specifically nail down angles in advance. This additional service is available for $75/hour.
The fees charged for reproduction are based upon how widely and how often the photographs are to be used. The dollar amount is also commensurate with the profit that the user will realize with their use. For example, an architect in a small office using the photos in portfolios to submit to awards and publications will pay a lower rate for usage than would a window manufacturer using the photos in a national print-ad campaign costing hundreds of thousands of dollars.
Q. Who owns the photographs after the shoot?
A. The photographer does, but licenses their use to the designer with some restrictions. Without additional fees, a designer may use the photographs in portfolios, on their company website, for presentations, and for general company promotion. Submission to design competitions or to publications are also allowed.
Q. What happens if a publication wants to use the photographs?
A. Most reputable publications understand copyright and provide the photographer a fee for the use of their photos. Architecture, Architectural Record, Interior Design, the New York Times, etc. all adhere to this standard. There are many book publishers however who try to get photography for free. They either ask the architect to pay the use fee or they ask the photographer to waive it.
In this case, generally photographers adhere to the underlying principle of copyright, which is that if someone is to profit by the use of their photographs then remuneration is necessary. The book publisher is a for-profit enterprise whose product is books. Like printing, writing, and editorial services, photography is a component in the making of the book which adds to its value. Thus, publishers must expect to pay a usage fee.
Q. What if a contractor or manufacturer wants to use the photographs?
A. You should have them contact the photographer directly to arrange usage. Again, only the photographer has the right to license the use of his or her work.
Q. What is “photo credit” and how should I use it?
A. When you use any of the images for publication, in advertising, editorial, a brochure, etc., our contract requires you to provide photo credit. Photo credit is simply a line inconspicuously run along the side of an image stating “© Christian Scully Photography"
Q. Who is entitled to use the photographs once they have been taken?
A. The client who commissioned the photography is entitled to the uses outlined above. Any other party who wishes to use the images for any purpose will be required to pay a usage fee, assessed by and payable to Christian Scully Photography based on the third party’s requested specific use.
Q. I’d like to split the cost of the photo session with another company, is that acceptable under the terms of my contract?
A. We understand that many clients like to share the expense of photography and we are more than willing to work with multiple clients on a shoot. There will be an added fee equal to 25% of the total creative fee for that shoot for each additional client. This additional fee covers the cost for the usage rights granted to each additional party.
Q. What will I get to keep after the photo shoot?
A. Christian Scully Photography will retain and store the original photography on your behalf. You will receive a CD containing both high resolution TIFF files and low resolution JPEG files for each final image you select from either an online web gallery if your shoot is captured digitally or from viewing the film/contact sheets if your shoot is captured on film.
Q. How do I get prints or other materials made?
A. We are happy to order materials for your use directly from a custom photo lab where we have a long-standing relationship. By ordering your prints directly through our studio, we can monitor and ensure the highest quality reproduction of your project and our work. Feel free to give our studio a call for more information about your specific printing needs.
Q. What is your billing structure?
A. Fees and expenses on our invoices are broken into two areas:
Fees:
• Creative Fee (to be estimated once shot list is finalized)
• Production crew
Expenses:
• Prints/Digital Expenses
• Location and Travel Expenses
Q. What is your payment schedule?
A. 40% of our estimate is due at the time of contract signing to reserve the day for your shoot. The remaining balance is due upon receipt of the final invoice. Only when the invoice is paid, does the client have the rights to their specific uses.
Q. What if I need to cancel or reschedule a shoot that I have booked?
A. A scheduled shoot that is cancelled within 48 hours of a scheduled shoot will be billed at 50% of the fee as it may be impossible to book additional work with such short notice. If we are able to fill in the day with additional work, the cancellation fee will be waived.
Q. What happens when my project is weather dependent?
A. If you decide to cancel or postpone a shoot due to poor weather once we have arrived on location, either before shooting begins or after we are already underway, you will still be responsible for 100% of the fee, plus any expenses incurred. A weather cancellation or postponement prior to our leaving our studio will result in a charge of only 50% of the fee. There are many shots that can be taken and look great, even on a marginal day. Every situation is unique, however, you may be surprised to learn that many shots look as good or better without bright sunlight.
Q. Do I have to be present at the shoot?
A. You do not have to be present at the shoot, however, we do recommend that you or a representative be at the job-site to approve final photo angles, etc. If you or a representative are not present, we will do our best to interpret your goals for the photo shoot and use our best judgment in assessing the shots. We frequently scout projects in advance of the final shoot using 35 mm digital images to specifically nail down angles in advance. This additional service is available for $75/hour.
