[STOCKPHOTO] Contract question for retail sales
Mike
This is not necessarily a pure stock question, but the situation has
some similarities. Read on.
I've been approached by a local retail store about selling some of my
photos as prints in their frame shop. These would be high-quality
giclee or lightjet prints, 11x14 minimum size to as large as I can
print them, ordered as needed by the store from a "catalog" I'm
putting together for them. They will make some initial purchases for
display prints, but the majority of sales will be by order. I've
developed a wholesale price list for them also. They are
My question is about a contract. I've looked at my Tad Crawford book
and the closest contracts are for the sale of fine art or license for
merchandising. Neither seem to meet my needs since they are either
dealing with limited editions or mass marketing. This is somewhat in-
between, being custom prints. It's almost like a gallery contract as
well. Perhaps I'll pull together elements of all three.
Any suggestions for other contract resources or other things I should
be including or looking out for?
Thanks!
Mike Shipman
Blue Planet Photography
www.blueplanetphoto.com
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Stockphoto Seller
Why do you need a contract? Are you looking for a guarantee that they will buy a minimum number of images? If not, why don't you simply wholesale prints to them, as it looks like you will be doing, anyway? The language on your invoice can remind them that the prints are copyrighted and may not be reproduced. They order, you fill the order.
Carl May/BPS
Mike <agen...@yahoo.com> wrote:
I've been approached by a local retail store about selling some of my
photos as prints in their frame shop. These would be high-quality
giclee or lightjet prints, 11x14 minimum size to as large as I can
print them, ordered as needed by the store from a "catalog" I'm
putting together for them. They will make some initial purchases for
display prints, but the majority of sales will be by order. I've
developed a wholesale price list for them also.
[Non-text portions of this message have been removed]
Mike Shipman
I sell fine art prints through my web site, a local
gallery, and a local fine art printer. Each outlet
sells a different group of images so they aren't
competing with each other for the same prints. The
same will be with the retail outlet. I've tried very
hard to maintain the same price points for my prints
with each outlet and I guess I'm looking for the same
control here. I was told by the store that their
pricing method is "odd", so I'm concerned that at
least a minimum retail price is maintained. For this
outlet in particular since this store is a franchise
store of a national chain and there is potential for
greater distribution. Perhaps just a simple pricing
agreement needs to be written up, but I was just
checking to see if there were any boilerplates out
there I could look at.
Mike
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Glenn Zumwalt
Mike, this would be a great time to start a relationship with an IP
lawyer. You really need legal help for this, not misinformation from
laymen like us. Photographers are not lawyers.
Glenn Zumwalt Fotografy
age, Alamy, SAA, EP
www.zumfoto.com
[Non-text portions of this message have been removed]
Stockphoto Seller
I understand your clarification and think it is very good that you are protecting each of your outlets from undercutting by the others (including your own website) and trying to maintain the value of your fine art prints. A written agreement may be the way to calm your nerves regarding a company that is a stranger to you. I would only mention that you are keeping physical control of your copyrighted images by being the one to provide the actual prints, and you will have heavy influence on the price by what you set as the wholesale price. (For her occasional wholesale deals, my sweetheart sets the wholesale price of her ceramic sculptures at 75-80% of the price she charges at art shows. This almost guarantees that the retail price her buyer charges will be as high or higher than hers.)
John Gavrilis is a photographer who does a lot of the same shows we do and has all kinds of outlets for his work. www.gavrilisphotography.com He comes to mind because some of the images in his large prints that go for something like $700-$1,000, or more, at shows are also available as printed posters in stores at malls at a small fraction of that price--the point being that the cheap posters don't seem to kill the market for his high-quality prints. It couldn't hurt to ask him what kinds of deals he makes with poster printers and distributors, as he must have confronted the question of how to distribute in various ways without "killing the goose."
Carl May/BPS
Mike Shipman <agen...@yahoo.com> wrote:
I sell fine art prints through my web site, a local
gallery, and a local fine art printer. Each outlet
sells a different group of images so they aren't
competing with each other for the same prints. The
same will be with the retail outlet. I've tried very
hard to maintain the same price points for my prints
with each outlet and I guess I'm looking for the same
control here. I was told by the store that their
pricing method is "odd", so I'm concerned that at
least a minimum retail price is maintained.
Mike Shipman
Thank you for the information about John Gravilis.
I'll check out his site and send him an email. The tip
about charging a wholesale price of 75 - 80% of retail
makes sense to keep the price up, but could also
create an opposite "reaction" where the price is too
high relative to the other outlets. This approach
would be good if there was only one or two sales
outlets, I think.
What I think I'm going to do is write up a short
agreement that specifies a narrow range the retail
price can fall into that is compatible with my other
outlets. If they aren't agreeable to that then we'll
have to come up with other less-expensive options. My
retaining copyright will be in this agreement/contract
for sure. I've looked into having inexpensive posters
printed, but the demand does not yet justify the cost
and need for 1000 prints. If I do go that route I will
probably license to a distributor/publisher rather
than do it myself.
Mike Shipman
Blue Planet Photography
www.blueplanetphoto.com
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Do you Yahoo!?
New Yahoo! Photos - easier uploading and sharing.
http://photos.yahoo.com/
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