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Understanding the Estimate for a Photographic Assignment

logo of American Institute of ArchitectsThis article is part of the Best Practice library of the American Institute of Architects (AIA). It was contributed to the library by the Architectural Photography Specialty Group of the American Society of Media Photographers. A PDF version may be downloaded directly from the AIA site.


SPECIFICATIONS FOR THE ESTIMATE

As a creative professional, you undoubtedly understand the importance of accurately defining the scope of work in order to determine your firm’s design fees. Similarly, to prepare an estimate, a photographer must have a detailed description of the assignment.

As described in Best Practice 06.03.05, Selecting a Professional Photographer, before you request an estimate, list the aspects of your project that you think might best represent your designs. The list should identify any specific concepts, architectural elements, or design features you’d like to highlight. In addition, identify how the images might be used: for project documentation, portfolio, editorial features, trade advertising, design competition submissions, Web sites, and so on. It’s also important to identify all other parties, such as contractors or consultants on the project, who may want to use the photos. These are the major factors that a photographer needs to know in order to frame an accurate, detailed estimate.

Additional factors include a thorough description of your presentation needs as they relate to specific forms of media. Do you require slides, prints, digital files for publication, or other specific deliverables? You may wish to consult with your photographer — and with any communication specialist you hire — about the specific sizes, types, and quantities you will need.

Based on all these factors, the photographer submits a formal estimate for the assignment. A photography estimate has three components:

Let us look at each of these in turn.

Cannon Center © Jeffrey Jacobs

Cannon Center for the Performing Arts, Memphis — Designed by LMN Architects (Seattle) and Williamson Pounders Architects (Memphis); photography by Jeffrey Jacobs (www.jeffreyjacobsphoto.com). Jacobs specializes in creating “artful” experiences of space and structure. Using his three-dimensional lighting techniques, he produces visual interpretations of architecture, striving to leave the viewer with a sense of emotion for the project. Among other honors, Jacobs is the winner of a 2004 Memphis Gold ADDY for Photography.

THE ASSIGNMENT DESCRIPTION

A description of the project will include its name and location, the number of views, a list of deliverables, and a timeframe for completing the assignment. If there will be any extraordinary circumstances, such as dawn shots, all-night sessions, views from cherry pickers, or aerial photos, this is where they will be detailed.

In some cases, the photographer will propose alternatives to your initial specifications. As a creative professional, he or she may be able to visualize some ideas you hadn’t considered or to find ways to get the desired results at lower cost.

LICENSING AND RIGHTS GRANTED

A photograph, like an architectural design, is considered intellectual property. The photographer owns the copyright to the images he or she creates and has the exclusive right to license their use. Licensing agreements are specific with regard to use and should answer three basic questions:

This information may be detailed in the licensing section of the estimate, or it may be supplied in a separate licensing agreement that grants specific rights to commissioning clients. If several parties agree to share in the cost of an assignment, the photographer will develop a separate licensing agreement for each individual client to cover the permissions and rights.

COPYRIGHT LAW

Under the Copyright Act of 1976 and the Berne Convention for the Protection of Literary and Artistic Works, photographs (like designs and drawings) automatically receive copyright protection immediately upon their creation. Copyright gives the creator of an image the exclusive legal right to control how the image is used.

This control is exercised by granting licenses to specific persons for specific uses. The right to use an image cannot be transferred by anyone without the written consent of the copyright holder.

Absence of a copyright notice does not mean that an image is free of copyright, and it does not relieve a prospective user from the responsibility of obtaining permission from the copyright holder. In addition, altering or removing a copyright notice can result in liability under the Copyright Act and several other state and federal statutes. Simply having physical possession of photographs, slides, prints, transparencies, or digital files does not grant the right to use them.

Practical implications

It’s important that you and your photographer agree on the scope of the license before the contract is signed and photography has begun. For this reason, it is a good idea to outline your tentative plans for using the images, even if they are vague at the moment, and to negotiate for optional future rights at the outset. Should your marketing plans change mid-course, be sure to discuss them with your photographer.

If you plan to share photographs with third parties who have not been involved in the commissioned assignment (e.g., members of the design team, contractors, consultants, product manufacturers, clients, tenants, or magazine editors), they must understand that any use of the photos requires a written license agreement from the photographer. By the same token, if you’ve received photographs without written permission for their use, do not use them until you have secured licensing rights directly from the photographer.

To avoid any misunderstandings, contact the photographer before passing along photographs. You should also advise the party receiving the images to contact the photographer directly to secure a license granting permission for their use.

PRICING

A photographer’s fee typically has three components:

Unless there is reason to separate them, many photographers will quote an umbrella “creative fee” that includes both the production fee and the license fee. However, when several parties have agreed to share costs, they usually need to license different rights. In that case, the production and license fees will generally be stated separately.

Production fee. This component reflects the time and skill it takes to complete the assignment. Variables contributing to the production cost include the total number of views, scheduling and deadlines, site logistics, and artistic considerations such as unique vantage points or special times of day. It also includes such intangibles as the experience, creativity, and vision that the photographer brings to the assignment.

In addition to the time spent behind the camera, a photographer’s preproduction and postproduction time is included in the production fee. Preproduction tasks commonly include client meetings, advance site visits, meetings with the facility’s management to organize access to the location, conversations with building engineers to arrange technical coordination with lighting, landscape maintenance, and other site-specific preparation.

To help you anticipate the issues the must be handled during preproduction planning, consult Best Practice 06.03.07, “Preparing for Professional Photography: A Checklist.”

Postproduction tasks commonly include image editing and selection (which may involve more client meetings), digital processing (color correction, retouching, compositing), and preparing images for final delivery. It takes more time than you might think; it is not unusual for the postproduction work to consume as much time as the on-site shooting.

License fee. This component (sometimes referred to as the usage fee) reflects the value of the authorized uses for the images. The value is determined by a number of considerations, including how widely and for how long the images will be viewed, reproduced, and distributed. Typically, the more extensive the use, the higher the fee will be.

Licenses use specific language to describe the rights being conferred. A glossary of licensing terms used in the photography and publishing industries has been compiled by PLUS (Picture Licensing Universal System); visit www.useplus.com to browse the definitions.

To obtain the best value, negotiate a license for the entire group of images based on your current needs and those needs that are firmly planned. There’s no point in paying for a right that you will never use. However, it is smart business to negotiate a commitment regarding the cost of additional rights that you might need in the future, even if you currently have only a vague idea of what those needs may be.

Expenses. If the job will require travel, special equipment, prop rentals, special insurances, or fees for location access, these will all be indicated on the estimate. Likewise, the anticipated cost of hiring photo assistants, stylists, and models will be part of the total. There may be some contingent costs, such as for weather delays.

Expenses for traditional (film) photography typically include material costs such as film, processing, and supplies. For digital photography, the expenses may include charges for image capture; digital processing; master file prep; and postproduction tasks such as color manipulation and digital retouching, archiving, and file delivery. For publications, electronic file delivery is increasingly the norm, but each publication has its own specs and, often, its own guidelines that the photographer must accommodate to make the image look as good as possible on the printed page.

A WORKING DOCUMENT

Just as a breakout of fees and responsibilities between architect and client allows the client to make adjustments to the project, so breaking out the components of the fee structure allows architects to work with the photographer in changing the proposed scope of work with a minimum of disruptions.

For example, suppose you initially asked for an estimate based on creating six views on site, to be used for brochures, office displays, exhibitions, and a Web site. After you see the images, you decide to also submit them to a magazine in conjunction with an article on your project. This constitutes an extra use, for which there will be an additional license fee (and perhaps additional expenses to deliver optimized images), but the production fee would not be materially changed.

Likewise, you may find that the estimate for the work as originally proposed is higher than you had budgeted. The estimate will indicate where there is room to reduce costs without sacrificing the objective of visually “telling the story” of the project through the essential views. In addition, the photographer may have suggestions for capturing more successful views without significantly increasing the costs. For some practical recommendations, see Best Practice 06.03.08, “Controlling the Cost of a Photography Assignment.”

DIGITAL PROCESSING COSTS

People outside the graphic arts are often surprised to learn that image capture (the actual picture-taking) and processing costs for digital photography are actually greater than for traditional film photography.

Digital technology saves time and money “downstream” when the images are used in various printing and publishing applications, but it requires the photographer to spend considerable postproduction time to get the best results. In effect, the photographer has taken over the work of the film lab, print lab, and prepress house. Also, the specialized tools for capturing and processing high-end image files are expensive and (as with most computer systems) are quickly obsolete.

Both digital and film techniques can yield fine images. In specific circumstances, the photographer may prefer one or the other for technical reasons.

Delivery considerations

If the image is to be delivered digitally, it may have to be processed in several different ways. Each destination has its own particular requirements. For instance, an image to be used on a Web site might be formatted as an 8-bit JPEG in the sRGB color space, sized appropriately (say, 600 x 400 pixels), and at a resolution of 72 ppi.

Another version of the same image to be used for printing might be delivered as an 8-bit TIFF in a Matchprint-compatible color space, sized appropriately (say, 8 x 10 inches), at a resolution of 240 ppi.

Finally, the actual delivery might be electronic (FTP) or burned to a CD, DVD, or even an external hard drive. Sometimes a “guide print” is provided for color reference. It may seem as though there are endless variations for delivering high-quality images, but your photographer will be able to simplify the options as you decide on your needs.

THE FINE PRINT

At the end, the estimate will have a space for your signature. By signing and returning a copy to the photographer, you indicate your acceptance of the assignment description, license, and total price. At that point, the estimate becomes a contract.

Attached to the estimate, or on the back of the form, will be a set of Terms and Conditions. As with any contract, one purpose is to agree on each party’s responsibilities if problems arise and how any disputes will be resolved. Another purpose is to state the industry norms; for photography, these include copyright, photo-credit requirements, and what alterations (such as compositing) you can make to the images.

CONCLUSION

The photographer’s estimate is more than a financial document; it can serve your creative and promotional planning needs as well. It is a tool that can help you meet your business objectives, your documentation needs, and your marketing goals.