Re: magazine publishing rights help

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This approach sounds like a sure way to kill the entire deal.

dan c.

At 09:03 AM 04-09-03 -0400, Emily L. Ferguson wrote:
>Before you have further conversation with her, please go to and study 
>the resources on the editorial photographers web site.  Now.
>
>$200 a day is way low.  Your creative fee starts at $600/day.
>
>You also charge her expenses, and to arrive at them do not forget to 
>calculate mileage spent every time you go to and from both the event 
>and the film processing place.  Mileage in the US Tax Code is 
>deductable at somethng like 36 cents/mile, but gasoline has just gone 
>out the roof, so you need to bill at around 60 cents.  Remember your 
>car also costs insurance, some taxes and depreciation.  All those go 
>into car expense calculations.
>
>Many people are charging around $35/roll nowadays, whether you shoot 
>film or digital you need to include another day rate to cover time 
>spent processing the images - downloading, color correcting, 
>registering with the Copyright Office, the fee for registration ($30 
>per submission), the CD you give her or the cost of transmitting to 
>her.
>
>She gets one time North American print rights - she will want to take 
>your copyright from you for the paltry $200 and not wish to pay 
>expenses at all.  If she tries that, explain that you don't transfer 
>copyright for less than $300,000 per image unles you re an employee 
>with benefits and retirement.  Your copyright is your future and she 
>may have one time North American print rights.  If she goes along, 
>which she won't without a great deal of argument, you then go back to 
>the Editorial Photographers web site and download the contract forms, 
>which you then modify for this distinct situation and fax to her.  If 
>she signs them and faxes them back to you, you accept the assignment.
>
>Then you do the very best you are able with many many rolls of film, 
>shooting everything in sight.
>
>After that you present the contact sheets or very small JPEGS - about 
>2.5"x5"at 72 dpi and she selects the imges she wants - either slides 
>or digital files.  Magazines are beginning to figure out how to add 
>digital workflow to their image selection process but many regional 
>and local magazines still only know how to work with pages of slides 
>on a light table.  Each slide goes out with a label detailing your 
>copyright and contact info - 6 point on the tiniest labels you can 
>buy at Staples, 80/page.  Another label contains 
>date/location/caption info and whether there is a release for the 
>people in the image.  Of course, you've gotten a large number of 
>releases, as many as possible while you were at the event.
>
>After you have prepared your delivery memo and bagged up all this 
>stuff and bagged up your copyright registration package according to 
>the instructions on the Editorial Photograhers web site, you go to 
>FedEx and ship the package to the copyright office.  About a week 
>later you ship the package to her.
>
>About three weeks later she tells you which images she's interested 
>in and you send her the original slides or the size digital files she 
>needs - around 300dpi by full page size is most useful.
>
>If she's in a hurry, you help her along by sending her the contact 
>sheet at the same time you send out the copyright registration 
>package, but most magazines are 6-8 months ahead, so she really 
>needn't be in a hurry.
>
>that's a beginning.
>
>The first step is to calculate your cost of doing business and know 
>what you really need to be paid.  The second step is to hone your 
>negotiation skills to get what you really must have from her. After 
>that it's all either paperwork or the fun part - shooting the event.
>
>If she actually thinks she's paying you $200 for the event, you may 
>have to walk away from this possible gig.  If you take the $200 and 
>transfer of copyright, you're valuing yourself way too low and making 
>it difficult for any other photographer to get a fair fee for this 
>work.
>
>Another long, realistic missive from ogress Emily!
>-- 
>Emily L. Ferguson
>mailto:elf@cape.com
>508-563-6822
>New England landscapes, wooden boats and races, press photography 
>http://www.vsu.cape.com/~elf
>
>


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