Negotiation Strategies for Independent Photographers (Part 2)

Once approached by a client as a freelancer, being approached can be exciting – however when there are conditions attached that might threaten your copyright or result in less-than-ideal pay, that excitement may quickly dissipate.

Let’s have a discussion: is working for free ever acceptable, or signing work-for-hire contracts acceptable?

Below is the second part of a two-part series about contract negotiations for freelance photographers. From a virtual workshop hosted by Photoville, Diversify Photo and Leica, listen as David M. Barreda of National Geographic advises Jared Soares and Emiliano Granado (freelance photographers and creators of F*** Gatekeeping knowledge base) how freelancers should manage jobs for smaller brands with nonexistent budgets or licensing work.

Note: Please click here for part one of this series, with four scenarios and their associated questions taken directly from Photoville and their speakers’ presentation.

Scenario 3: An up-and-coming popular brand inquires about a lifestyle project with an aggressively low budget and unlimited usage across platforms. In response, consider these factors: Does the brand or type of work align with my interests or creative goals? Will payment be difficult?
Will this assignment have a higher level of production that will increase my portfolio?
Brands – they’re just like us right? All kidding aside, freelancers need to stop and take an honest inventory. Jared advised them all to ask themselves some hard questions such as, is this something you want to do, fits within your aesthetic sensibilities or goals and is your contact easy to work with? Jared cautioned everyone against “if their email seems disorganized, it may also turn out that way when on set”. Trust your gut feeling when making these decisions!

Jared mentioned the potential that photos or assignments might hold long term, such as how smaller brands or output can draw the interest of larger ad agencies or brands.

Industry can often seem cutthroat, yet Jared stressed the importance of remembering not everyone is out to get you. Low budgets may be inevitable for nonprofits or small businesses – Jared shared how he works with an environmental nonprofit which doesn’t pay well, yet is fantastic to work with. Emiliano agreed: “there are people out there doing good… you should watch for those trying to exploit you… those are the people to sniff out.”

Communication and teamwork can bring many rewards. David spoke up here as well, lending his insight as a photo editor. “Much of this business involves building relationships,” he stated, noting how clients and editors will eventually rehire him again and again.

If you agree to do an assignment for less than the ideal rate, that shouldn’t prevent you from pushing back later. When asked something similar to “Hey last time we did X, can we do that again?”, Emiliano and Jared agreed these moments are opportunities to highlight your value by politely explaining its true cost while acknowledging any concessions were made the previous time around. This approach helps maintain both positions and professionalism.

Jared concluded his speech by reminding freelancers that there is always some room for negotiation when budget constraints limit a project they find appealing. If necessary, ask about altering or capping usage; perhaps instead of three years or 25 images they could consider capping it at 10! Everything can be discussed.

Scenario 4: Working Freely. When is it appropriate to work free? Ask yourself these questions: Am I benefiting 100% from this project? Am I helping an issue or story I feel personally connected with and invested in?
Emiliano and Jared both readily admit they have worked for free, even today. Emiliano offered up his opinion that this industry could use more people who will work without pay periodically – whether that means photographing an environmental cause close to their heart, or helping a community member advance themselves, sometimes working without pay can be worth the cost.

Rule number two in regards to working for free: do not accept working without compensation from others if someone else is making money; but if everyone involved agrees on working without pay then consider agreeing.

Take on free jobs that might get you closer to paid work or publication is often worthwhile, says Jared. “If there’s an interesting local designer or business or friend doing something neat that I think we could collaborate on for mutual gain, that would be an appropriate situation where I wouldn’t mind working without compensation,” Jared shared.

David made sure to emphasize the need for freelancers to consider personal expenses and the true cost of freelancing – including transportation expenses, risk to equipment, editing/retouching image workload timeframe, potential disruption from paying gigs etc. to properly weigh benefits over risks.

Note that free work often has resale value: Emiliano noted, if any dope images come out of it then those images may become valuable later on and get licensed out for fees or larger jobs.

Final Thoughts:
On how long contract negotiations should last for freelancers – An easy rule? “20 [emails] is too many,” Emiliano noted, noting that two hours and seven days spent discussing a 500 dollar deal might not justify its expense – always remember the value of your own time!

David, Emiliano and Jared emphasize the value of experience when learning legal jargon; hopefully you have access to some sort of support network or free resources like those listed below (please see our list for assistance). David notes: Often simply reading good contracts and understanding their implications can provide greater clarity on options available to you.
Licensing – Contrary to popular belief, licensing can also be subject to negotiation. Does getting this image out to clients require digging through old hard drives or editing it in some way? Emiliano noted, “$150-200 would be appropriate for an hour or two of research time.” If they’re willing to pay a research fee or you are simply providing someone a link to an existing image with little work on your end, it may be worthwhile investing in a license agreement. But if changes need to be made frequently or extensively after creation has already taken place, then perhaps not.