How much should one charge for use of personal property (i.e.,a photograph) in a major motion picture?

Question

Note: This is not my photo. I am asking for another. This photo was taken by someone else. A contract is being drawn out. One time use only.
Help!

Answer 1

Hi Dusty, This is too broad a subject to just say $5000 or $50 or $250,000. The contract for one time use only can be straight ahead or very long & complicated. One time use may mean for a particular tv ad or it might mean for unlimited one-time use in the broad ad campaign to include but not limited to promotion of not only the motion picture but the DVD which comes later & the book which comes later & the T-Shirts etc.

But let's say that the motion picture Company will be using this for promotion, I am guessing here, then you would expect that this will be the theater poster? So you would write this up for use throughout their initial advertising campaign. "exclusively for tv" or "exclusively for theaters" or "exclusively for billboards" or to include all uses. But then you would want to write up any other use licensing contract in a separate contract.

These can get very involved especially for the first time without an agent or access to legal terms. One-time, circulation, territory, media etc. You would probably do well to look up a copy of 'Photographer's Market' at the library just to get acquainted with going rates which Companies & Agencies pay for this type of license.

These are available for around $20 just like Writer's Market both put out by Writer's Digest Books. Here are links to buy or read up on. Also look into burning a CD and sending to Patent Office if the use is broad enough or if the phrase unlimited use, or similar is in the contract.

Good luck and let me know how this comes out. Update me if you will at http://outsideshooter.blogspot.com/