What is a photographer’s non-usage image fee?
What is the cost to me as a photographer of not being able to use my client’s images on social media or otherwise? And why I charge a non usage fee.
I will also outline how I use photos, what happens when you search for photos of you baby.
What is a non-usage fee? ( also known as a ‘privacy fee’ or ‘loss of opportunity fee’)
Some clients ask me to not use their images on social media or have them shown publicly. However, because I get many requests of this nature over the years I have had to adopt a non usage fee or minimum purchase. When limitations are imposed on my work, I charge a fee to compensate for the loss of potential marketing opportunities.
Let me explain.
Every session I have gets planned into my marketing strategies as soon as it’s booked with me. I am not a high volume photographer. I need to know the moment a client signs their contract if I will be able to use their images or not. If they let me know after the fact it costs me time and money to adjust these strategies as well as liaise with my team to make these adjustments.
If I do not have a certain number of sessions in which I can use images, I have to plan other sessions. Sometimes this mean offering a free model sessions in exchange for image use in order to market my work for a time period. This also costs me time and money.
Photographs are a visual art medium. Therefore only by showing my photographs can I draw in new clients. Displaying my work enables me to showcase my unique approach, skill, and artistry in capturing your baby, baby bump and new family. If a client prefers me to not use their photos, I forfeits the opportunity to leverage that work for attracting new clients. Not sharing images also limits the ability to write blog posts that could guide prospective new parents. Furthermore, when I do not apply to photography contests this also limits the exposure of my work and name. This fee serves to offset all of these missed marketing potentials.
How I use my photographs and images for marketing:
In my contract I ask my clients to sign a model release. This allows me to use your images on social media, when applying images contests in the small newborn and maternity communities, and for my self promotion ONLY.
I do not sell my images to use on stock photo sites. My model release does not allow me to do that. If I wanted to sell my images to for example a diaper company, that would require additional contracts and sign off from my clients.
If someone searches for me on google these photos will appear:
Not true. I do not use names, dates or geographically locations. The images of your baby or yourself will NOT pop up when you search for yourself on google.
I post my images out of chronological order on purpose. Sometimes I post images from a recent shoot and sometimes I post images from a session a year ago, it depends. My images will never be associated with your baby’s birthdate.
I never post names or even initials actually. If I tag my clients I ask prior to tagging them on social media, and only do when I get explicit instructions I am allowed to do so. It is NEVER a default, and never was or will be.
I am worried about face recognition software will associate my photos with my name:
We have not yet gotten to a point where images where your name is not associated with it will appear on social media.
Your baby grows and CHANGES so fast. Very soon these images won’t even like them. Most photos are of images that their eyes are closed, making it difficult to be identified by face recognition software.
Do all photographers charge this fee?
No not everyone does. This is what works for me and my small business. I do know of other photographers who do this as well. It’s a smart tactic in order to stay in business.
Yes I understand this may deter some clients. If you are unwilling to compensate me appropriately we are not the right fit. I respect myself and my time.
How much is your non-usage fee?
My flat fee is $500, however on a full season if you purchase any standard images collection or higher on a full session, I will waive this fee. Please note I will ONLY waive the fee when you let me know when you are booking. If it’s after the fact a $500 fee will be added to your invoice no matter your purchase.
If you are booking a mini session of any kind, you will need to purchase more than the standard number of images included in order to not use your images. For example if you have a milestone mini session and 12 images are included in the cost of session. You will need to purchase an additional 5-10. As usual you need to let me know BEFORE you sign your contract and sign the contract appropriately with your initial and non use on the model release section. IE: JD NONUSE
I do not give discounts to clients where I am not able to use their images. If for example you are booking a newborn and maternity session together they are discounted. Your images will be used. No discounts are ever applied to images I cannot use.
Some photographers charge an additional percentage of their photo costs to not use their images and do not waive this fee to matter what the charge of your final invoice is.
How to avoid my non-usage fee?
Explain to me your worries. Often we can find a workaround to not using your images in certain ways and allowing me to use them in others, this will help you avoid the fee or minimum purchase.
You are worried about unflattering photos being posted
Not to worry! I am very selective of the images I allow my social media manager to post, and then they cull them even more only choosing images they think will have a positive marketing impact.
My clients choose their images from proofs. If you haven’t seen an image in your proof images, it will not be used. I only show images to my clients and elsewhere I am proud of.
Your social media accounts are private so I should assume your images will be too.
No.
First of all I don’t troll my clients accounts and determine who I will post or not. Additionally, I would say most of my clients have private accounts, but still allow me to generically use their images.
I actually have a personal instagram and facebook accounts that are private and I only allow friends to see, however allow my photographers to use my images.
This photo session and associated photos would be inappropriate in your culture:
Then yes I agree the non-usage fee would be appropriate.
If only certain images would be deemed inappropriate let me know. I can likely work around that so you can avoid the fee.
You don’t mind being on my website but don’t want to be posted on social media:
No need to pay the fee. I do find it helpful to post on my website and blog posts. Showing a variety of work in different places helps show clients the breadth of my work.
You don’t want your images submitted to photo contests and larger blogs but I can use them elsewhere:
No need to pay the fee. I can use them on my website and my social media.
Your career requires you to not be shown on the internet:
I am happy to keep family photos of you personally off the web, and just post images of your baby sleeping etc.
You didn’t read the contract and didn’t know you would be using my images:
Your negligence is never a reason for me to not charge you appropriate fees you have agreed to by signing a contract.
In my contract I outline exactly how I will use your images, and even point you to read this blog post for more understanding.
If you initialed the agreement you are taking responsibility that you have read and agree to my terms. By signing the contract all the terms of my contract and policies will be upheld.
My contract is the definitive document that lays out the entire agreement, including my responsibilities as well as your obligations and rights. If you don't read the contract carefully and address any uncertainties beforehand, it won't be possible to address these issues later on.
Conclusion
Thank you for respecting my small business and my work. I appreciate every single client I work with and truly hope we can come up with solutions that will work for both of us.
