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Video Licensing situation

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Ben Rosamond
Video Licensing situation
on Oct 16, 2014 at 5:12:32 pm

Hi All,

I have been approached about licensing my video for a high profile media installation. I don't personally have a precedent for this situation so I would appreciate any advice.

My video can be seen here - https://vimeo.com/102482573

I never intended to make money from the video and the satisfaction of people seeing it in the installation on a permanent basis would be sufficient. That said, I do not want to miss out on compensation if the production/media company is willing/able/expecting to pay for it.

So a couple of questions:

a) What do you think I should/could charge to license this video?
b) Is it better to respond with a firm licensing fee or to inquire as to their budget?

Any advice would be much appreciated. Many Thanks!


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Luis O Maymi
Re: Video Licensing situation
on Oct 17, 2014 at 8:44:03 am

That video is very impressive. I had a similar situation with this video that I recorded by a pure miracle. I been contact two times by two different news networks to buy that video and what I eventually did was to upload it to Pond5, a stock media marketplace, and point interested buyers to the site. The first reason I did that was because when I sold the video to the news networks they ask to sign a contract which indicated the pricing and their conditions of payment. And the second reason was because the payment (a check send via mail) took like half a year to arrive. That really suck because in Pond5 if I make the sale I get the commission at the beginning of each month. I only get 50% of what I ask but I honestly prefer that to having to deal with legal contracts from the news media.

As for what you should ask for your video wait until what they tell you what they are willing to give you for your video. Then respectfully ask for $50-$200 more of what they offered. They will most likely tell you they won't be able to give you what you ask, but if you keep negotiating you may be able to get at least a little bit more of what they were originally going to give you. If you can't negotiate then just get what they give you, don't lose the deal since that extra money in your pocket will prove useful. Be warn though, your video is worth at least $150 because is quite unique.

The meaning of a movie are the characters, the life of the movie is the music, but the magic is in the editing. – lomaymi


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Mads Nybo Jørgensen
Re: Video Licensing situation
on Oct 17, 2014 at 9:04:06 am
Last Edited By Mads Nybo Jørgensen on Oct 17, 2014 at 9:06:52 am

Hey Ben,

Looks full of persistence as that Time-lapse would have taken you months, if not years to make. It certainly should have some value as no-one else is likely to have that perspective on the build.

However, are you doing it for the money, or for the recognition, or a bit of both?

If it is a high profile installation you may want to look out for the duration of the use, any reseller value and credits. The less they want to pay, the bigger your name should be on screen, maybe with your chosen web address.
1) Consider a monthly license fee, for arguments sake call it a $1,000 + tax. With a license that does not allow for transfer or reselling without further negotiations.
2) Negotiate for suitable placement of your copyright information, both on the video and any print, digital and other media. Keep negotiating till you get close to the top billing - after all, you used a long time to created that clip, which have to recognized.

They may tell you to go away if you ask for too much. So if fame is more important for you, charge only a nominal fee. However, make sure that it comes with all the credits, invites to any and all parties held at the installation (think Networking for work) and ask for their PR company to arrange 2-3 interviews with selected publications. It sounds cheeky, but you have to pay your rent and time for being persistent.

Most importantly; whether you are an artist or a commercial entity, when you turn up at the party or do the PR, you MUST know what your next project is and be able to speak about it or it will all be an wasted exercise.

Good Luck

All the Best
Mads

@madsvid, London, UK
Check out my other hangouts:
Twitter: @madsvid
http://mads-thinkingoutloud.blogspot.co.uk


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Ben Rosamond
Re: Video Licensing situation
on Oct 17, 2014 at 1:46:47 pm

Thanks for the replies. It did indeed take 3.5 years to make the video.

@Mads - is what you are suggesting a 'rights managed' license? The installation is long term ie. at least 15 years I believe, so rights managed or a monthly rate would probably be favorable if the client agrees to it, right?

If I go royalty free I'm having trouble coming up with a licensing fee since it is a unique video, that took a long time to make, that will be shown in a high profile installation that many people will see, for a long duration of exhibit.

Is it appropriate to ask what they are willing to spend?


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Ben Rosamond
Re: Video Licensing situation
on Oct 17, 2014 at 2:33:10 pm

Thanks for the replies. It did indeed take 3.5 years to make the video.

@Mads - is what you are suggesting a 'rights managed' license? The installation is long term ie. at least 15 years I believe, so rights managed or a monthly rate would probably be favorable if the client agrees to it, right?

If I go royalty free I'm having trouble coming up with a licensing fee since it is a unique video, that took a long time to make, that will be shown in a high profile installation that many people will see, for a long duration of exhibit.

Is it appropriate to ask what they are willing to spend?


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Mads Nybo Jørgensen
Re: Video Licensing situation
on Oct 17, 2014 at 4:27:49 pm

Hey Ben,

[Ben Rosamond] "is what you are suggesting a 'rights managed' license? The installation is long term ie. at least 15 years I believe, so rights managed or a monthly rate would probably be favorable if the client agrees to it, right?"

Yes, even if you only charge $1, you want to continue to be the principle owner of the footage. Unless they are offering you a real large check that is too good to turn down.

Rather than asking them how much they are willing to spend, you might want to look at how the installation is funded? Public, privately, tickets on door? And what will happen in 15 years time? Will it be sold on to a collector?
(I've just this week been filming at http://friezelondon.com/ on a stand that was mainly performance and video - so the right project can sell)
By offering a time limited license you will keep control, the opposite to that is that they may decide after the first period that your footage is no longer needed.

But keep reminding them that your video took 3.5 years to create. But above all negotiate, negotiate, negotiate until that point they and you are as happy as you can be.

All the Best
Mads

@madsvid, London, UK
Check out my other hangouts:
Twitter: @madsvid
http://mads-thinkingoutloud.blogspot.co.uk


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Ben Rosamond
Re: Video Licensing situation
on Oct 17, 2014 at 7:47:15 pm

Thanks again for your thoughts Mads.

Re: "Yes, even if you only charge $1, you want to continue to be the principle owner of the footage. Unless they are offering you a real large check that is too good to turn down."

Maybe i'm misunderstanding but wouldn't I continue to be the principle owner of the footage with Royalty Free also?

What resources do you use or might you suggest when establishing a price. I'm unable to find much of a precedent for mine.

Many Thanks


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Mads Nybo Jørgensen
Re: Video Licensing situation
on Oct 18, 2014 at 2:12:30 pm

Hey Ben,

Yes, you will always hold the copyright to the work, but not necessarily the rights to sell and/or exploit it further - this all depends on the license and/or contract that you enter into with the buyer. If you sell something as being "Royalty Free" to a high-end art gallery then you may be restricting yourself with regards to future earnings.

My suggestion would be for you to look at Getty Images for how to price your video. Pond5, who publishes the videos a colleague and I are working on, is also good, but doesn't necessarily offer you as good as price, although you get 50% of all earnings (which is very good for the stock industry).

Alternatively if you think that the buyer have money to spend, do consider adding an agent as a middleman - this will complicate things, be expensive and maybe not be to your interests, but at least you won't have to feel embarrassed about discussing the finer points of a contract.

All the Best
Mads

@madsvid, London, UK
Check out my other hangouts:
Twitter: @madsvid
http://mads-thinkingoutloud.blogspot.co.uk


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