Contracts

[RGB]

I have a question. I am working on a quote for a client that wants me to sell them photos and videos I shoot and they are asking for "Exclusive Rights" to the data. Does anyone have a standard form of contract of services?
If so, do any of you have thoughts on how to word this in a contract?

Thank you in advance for any help with this!

 

[WildDoktor]

That's a topic with as many opinions as there are people, and one I've done a little research on myself.

Here's a great thread about it. Research, and research some more!

 

[RGB]

That's a topic with as many opinions as there are people, and one I've done a little research on myself.

Here's a great thread about it. Research, and research some more!

Thanks for the info!

 

[Fred Garvin]

I very, very rarely sell my images. I own everything I create and issue a "Rights License" giving the Client Non Exclusive rights to use the images. This allows me to continue to use my images as I see fit and restricts the Client from uses I don't approve of. (selling them or using them in a manner I would not support)

If you sell your rights to the images, they're gone. Like you never even created them. No portfolio use, no use in marketing materials, no possible future resells, etc. Gone.

The only time I've issued Exclusive Rights to my images are for a certain Client who uses some images as legal evidence in a court trial or legal action. They're sensitive in nature and wouldn't be of any future use to me anyway. This is rare though, as 99.999% of what I create, I own. Forever.

Plus, my Rights License also expires after 5 years. You could, issue Exclusive Rights for a short period of time, like 3 months, 30 days, whatever. An example of this would be if you happened to capture incredible images/footage of a VERY noteworthy event, and a major news organization wanted your captures to "scoop" the others. Give them Exclusive Rights for say, 2 weeks. That's all they'd really need once they broadcast it anyway. FOR A VERY PRETTY PENNY!

 

[RGB]

I very, very rarely sell my images. I own everything I create and issue a "Rights License" giving the Client Non Exclusive rights to use the images. This allows me to continue to use my images as I see fit and restricts the Client from uses I don't approve of. (selling them or using them in a manner I would not support)

If you sell your rights to the images, they're gone. Like you never even created them. No portfolio use, no use in marketing materials, no possible future resells, etc. Gone.

The only time I've issued Exclusive Rights to my images are for a certain Client who uses some images as legal evidence in a court trial or legal action. They're sensitive in nature and wouldn't be of any future use to me anyway. This is rare though, as 99.999% of what I create, I own. Forever.

Plus, my Rights License also expires after 5 years. You could, issue Exclusive Rights for a short period of time, like 3 months, 30 days, whatever. An example of this would be if you happened to capture incredible images/footage of a VERY noteworthy event, and a major news organization wanted your captures to "scoop" the others. Give them Exclusive Rights for say, 2 weeks. That's all they'd really need once they broadcast it anyway. FOR A VERY PRETTY PENNY!

Thanks for your info!

 

[SethB]

If you go out as a services provider, contractor, or day-rate freelancer I would consider a minimum of double your regular rates for exclusive rights.

Employers typically own the work output of their full-time employees, when images / video were created in the normal course of performing the job (hours, locations, work assignment) with tools supplied by the employer.

Creators have the law on their side, but retaining ownership rights of imagery can be challenging. You own your imagery. A client who wants exclusive rights (a buy out) may hope that they can get more from you at no additional cost.

All very speculative as the OP hasn’t shared much detail. I am not an attorney and one should seek one’s own legal advice.

 

[Viewpoint]

Getty images has a commercial image price calculator. Use it, you’ll see that most commercial drone pilots are extremely under pricing their work. You’ll be shocked what major companies pay for commercial image use. And that is typically temporary or for a term.

 

[RGB]

Getty images has a commercial image price calculator. Use it, you’ll see that most commercial drone pilots are extremely under pricing their work. You’ll be shocked what major companies pay for commercial image use. And that is typically temporary or for a term.

I took a peek at it before I’ll come back and check it out again thanks for the reminder it looks logical place to be. Drone market needs to get in line on pricing

 

[dangerd]

I have a question. I am working on a quote for a client that wants me to sell them photos and videos I shoot and they are asking for "Exclusive Rights" to the data. Does anyone have a standard form of contract of services?
If so, do any of you have thoughts on how to word this in a contract?

Thank you in advance for any help with this!

I ues this:

sUAS Service Agreement - Hire a Drone Law Attorney - Fly Under FAA Part 107

Get the critical contracts every professional drone operator needs for a fraction of what most law firms charge! We offer Drone Service Contracts as an interactive, brand-able PDF in addition to training videos

www.dronelaw.pro

It was well worth the money and can be configured however you like.