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Field guide · Part 7 of 13

Licensing to Product and Building-Material Manufacturers

3 rules on licensing to product and building-material manufacturers for architectural and real estate photographers, each with its source.

Educational, not legal advice. Every rule below carries its source and a confidence level, because some of this is settled law and some is contested. The ones marked contested need a lawyer's judgement on your facts, not a rule of thumb.
Rule 30Surprising

Manufacturers buy specific placements: spec sheet, product page, trade ad, catalog, showroom, booth, packaging.

Each of those is a separate line item you can scope and price, rather than one blanket “marketing” grant.

The misconception: “Manufacturers just need 'the photos.'”

Source: Architectural-photographer license templates itemize “any and all media including print, newspaper, magazine, collateral, direct mail, point of sale, trade show, electronic, and internet”; an Architect Magazine practitioner account describes photographers granting rights “limited to a specific use (show booth, ad, catalog, etc.).”

Confidence: High. Contract-dependent.

Rule 31

Manufacturers often want a copyright notice in exchange for broad usage, not exclusivity.

A common structure is unlimited usage for a one-time fee as long as the manufacturer runs the photographer’s copyright credit, which builds the photographer’s exposure.

The misconception: “Big manufacturers always demand exclusivity.”

Source: Architect Magazine practitioner account: “The photographer owns the copyright and grants me unlimited usage for a one-time fee, as long as I run a copyright notice for him ... common in the lighting and architectural fields.”

Confidence: Medium-high. Varies by manufacturer.

Rule 32

Repeat and renewal fees are how photographers structure ongoing manufacturer value.

Rather than one buyout, photographers commonly set a term (often one to three years) with a renewal fee, or add per-party surcharges when distributors join.

The misconception: “It’s always one payment forever.”

Source: Standard architectural-photographer terms use time-limited grants with renewal and per-partner surcharges as a percentage of the total fee.

Confidence: Medium-high. Market practice.

Keep reading

What’s in the Frame That Isn’t YoursHow to find the brands worth approaching. Pricing MechanicsWhat a manufacturer’s usage is actually worth. Four companies worked on that house. You licensed one of them.The architect, builder, developer and designer each need their own license to the same photographs.
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Resid does the licensing part for you.

It finds the companies who worked on a property, prices each license, writes the agreement, and collects. Find your work already in use somewhere and it prices that too, with the license covering the time it was already up. Registration, releases and drone rules stay yours; this guide is here so you get them right.

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