The concept of usage is relatively straightforward. Pictures have a value for a given use. As the variety of uses increase, so does
the value of the picture, irrespective of who owns the copyright. This concept is internationally acknowleged and understood but in South Africa,
pictures are more likely to be regarded as a commodity - to be paid for once and used many times over.
If the photographer is paid once to produce the picture and hands it over without any restrictions as to its use then the client is free to capitalise
on the potential value of the picture by using it for any purpose. It is quite possible for a small budget advertising or editorial shot to appear
as a billboard or to be sold onwards to another user. The photographer is unlikely to benefit from the increased value of the picture when its uses are
extended beyond what was originally declared and priced around.
To stop this happening, the photographer has to price according to the declared usage and limit the use of the pictures contractually. Irrespective of who
owns copyright, the contract will take precedence and the client will be legally bound to negotiate for any additional uses of the work. In this way, a
picture that gains in value will reward the photographer.
It is important for photographers to understand that the Copyright Law only provides a default set of rules that can be removed, changed or modified
by the means of a contract.
If the photographer has copyright, the contract is called a licence and may, or may not be, exclusive to a client.
If the client owns copyright then the contract is - well - a contract.
At this point we must now establish what the basic day (or hourly) fee buys for the client ie. - what base usage the client gets for his money.
Both the Association of Photographers (UK) and Professional Photographers of Southern Africa (PPSA) recommend the following :
For Advertising and Commercial Photography :
| MEDIA : | press, poster, billboard, point of sale, direct mail, tv, brochure, packaging & merchandising, internet |
| TIME : | one year or two years * |
| TERRITORY : | South Africa only |
| BASE USAGE : | Either two media for one year OR one media for two years in South Africa only |
| Eg : | Press & point of sale for one year in South Africa only |
For Editorial, journalistic and Public Relations Photography :
| MEDIA : | one publication |
| TIME : | 24 hours to one issue cycle * |
| TERRITORY : | South Africa only |
| BASE USAGE : | One time use, in one publication, for the frequency of the publication, in South Africa only |
| * Eg : | daily newspapers = 24 hours, monthly magazines = 4 weeks |
The daily or hourly fee should allow these base usages. This rate is known as the BASE USAGE RATE. Note that the BUR
is not the total fee for a job, it is solely based on the photographic daily or hourly fee for the job.
The first stage in applying the principle of usage is to find out the following :
We have provided a Usage Enquiry form, explained in more detail in Page 2 and available from the download area, to help establish the initial
basis of a cost estimate.
By asking these questions, the photographer will get a clearer idea of what uses the client has in mind (and can price accordingly) and will then,
at the cost estimate stage, be able to state that his price only covers these usages. If the client later decides the pictures can be used further, then
he is contractually bound to negotiate for these additional usages. Note that the ownership of copyright is immaterial in these circumstances. The usage limits
imposed at the cost estimate stage contractually override the benefits of copyright ownership. Note also that any usage limits must be agreed at the costing stage. It is
too late and of no legal effect to first record them at the invoicing stage.