Effective Negotiation Strategies for Freelance Photographers
Most freelance photographers can tell a tale or two about restrictive contract terms or contracts they shouldn’t have signed but did anyway, which proves the importance of knowing how and when to negotiate with clients as part of being successful in this industry. Negotiation skills are critical to your success as a freelance photographer.
Discovering how to negotiate is often an interesting paradox: in order for contracts to exist in the first place, negotiation requires published work from past clients and real clients for future gigs. Freelancers often learn by making mistakes while struggling just to meet ends meet.
As part of their NYC festival this year, Photoville collaborated with Diversify Photo and Leica on their “Crafting Your Career” series of free online sessions open to the public. Covering three areas – side hustles, artist collectives, and freelance negotiation – these online workshops offered free online sessions open to everyone. Last week I attended their final virtual workshop “Getting What You Want & Are Worth: Freelancer Negotiations,” moderated by David M. Barreda of National Geographic; discussion was structured around four typical freelance scenarios before discussing how two guests – Jared Soares and Emiliano Granado of F*** Gatekeeping professional knowledge base would approach these scenarios in their professional manners.
Are You Wondering If It Is Appropriate To Work Freely or Why Might A Work-For-Hire Contract Be Beneficial? Read Below For Further Guidance
Note: This is part one of a two-part article. Please visit here to read part two.
Photoville and Diversify Photo are responsible for this cover image.
Scenario 1: An editorial organization approaches you about an assignment that matches up well with your sensibilities and interests, though its budget may be tight and expectations for retouching and lighting are high. They offer to hire you through Work For Hire (WFH).
Work for Hire contracts have quickly become the bane of freelance photographers’ existence, and deservedly so. Surprisingly prevalent and with potentially dire repercussions: giving up copyright rights.
Jared and Emiliano stressed the importance of freelancers being empowered to challenge any terms that feel unfair or restrictive. Emiliano noted it took him some time before realizing you can cross out parts of a contract; just by raising questions against a WFH contract actually led them to realize they’d sent him the incorrect agreement initially! To start out right, always ask whether terms can be negotiated before signing.
When considering a WFH contract, ask yourself some important questions:
Do I have access to someone or something that aligns with my personal interests that I cannot get on my own?
Am I in complete creative control?
Does this assignment offer any resale potential or opportunities for profit in the future?
Are You Paying For it and When Should It End (WFH and WFH contracts are negotiable! When contemplating WFH contracts, be mindful of the ripple effects. For photographers using images from WFH contracts in their portfolios, permission must first be obtained – always get this written down!
Though WFH agreements tend to be restrictive, freelancers should try their best to exploit any flexibility within them whenever possible. Jared noted that he sometimes asks his agent whether he can share an approved set of images (on Instagram or his website, for instance) while still honoring his WFH contract – so it might be worth giving that approach a try. As Emiliano pointed out: “There’s an entire game after the game.”
Asked whether they would accept an assignment with WFH contracts at this stage in their careers, both stressed that any such job offer must represent an exclusive one-time opportunity. Emiliano offered an extreme example to show just how careful freelancers must be: He agreed to WFH terms if he were allowed to photograph Zendaya on the moon – something which would likely lead to future opportunities and be an unforgettable moment in a photographer’s career. Jared agreed with Jared’s assessment, noting that Zendaya on the moon could likely end up on many mood boards for future photoshoots and could bring Emiliano more work when it comes time to hire photographers for his brand’s project.
Main takeaway? Always tread cautiously with WFH agreements and explore whether their terms can be adjusted accordingly. Another approach would be to evaluate how important an image will be beyond its initial project: if this particular photo carries more value than you had anticipated then giving up some or all of its copyright might be worth your while.
Both Jared and Emiliano agreed there’s one last instance where they might accept: if the price were high enough. “For my work at WFH where there is no altering images? For that, five figures with a comma,” Jared explained, while Emiliano has agreed to shoot anything for five grand. Ultimately though, each individual needs to assess what number works best for themselves based on measurements they deem suitable.
Emiliano and Jared showed remarkable maturity by approaching this subject with greater finesse, showing consideration and kindness toward emerging photographers looking to break into WFH contracts. After all, being able to say no is not something everyone enjoys!
Scenario 2: An established website/online community with an impressive social media following contacts us seeking to feature their long term body of work/personal project without an associated budget for hiring photographers and photographers’ fees. When making their decision they consider:
Are they legit sites or publications? Who uses this website/publication regularly?
Are There Opportunities for Me to Leverage This Piece for My Gain? Emiliano made clear that value does not always need to be financial in nature. If there are opportunities where less effort may lead to followers and exposure that could help advance your career goals, go for it. Likewise, contributing awareness for a cause you care deeply about might also make the exercise worthwhile.
Jared shared an example of when saying yes to free work was beneficial: when The New York Times Lens blog was at its zenith. At that time, although they weren’t paying photographers who contributed work for usage on posts such as The Lens blog’s posts, being featured gave credibility and established him in smaller markets like Roanoke Virginia; “Three posts translated into assignments or discussions which led to opportunities,” Jared explained to us.