New Zealand Professional Photographers Update and Unify Standard Terms & Conditions of Engagement

The two industry associations representing professional photographers in New Zealand, the Advertising and Illustrative Photographers Association (aipa.org.nz) and the New Zealand Institute of Professional Photography (nzipp.org.nz) have today released a new, unified update to the Standard Photographic Terms and Conditions of Engagement.

The previous Standard Photographic Terms and Conditions of Engagement co-developed by the two organisations were last updated in the mid 2000s. During the ensuing decade much has changed in the photographic and business landscape. In that time most professional photographers have moved almost exclusively to digital capture of images and the ways in which images are used has also changed significantly. Now, in addition to traditional printed images, many images are being used in digital realms such as digital advertising, online news reporting and via social media networks. The new updated Standard Photographic Terms & Conditions of Engagement address these changes as well as matters such as data storage; preservation of metadata embedded in digital files such as the author and copyright holders details, location, details of licensed use and camera capture information; privacy and use of personal information; health and safety.

Until now, two versions of the Standard Photographic Terms and Conditions of Engagement had been in widespread use by professional photographers in New Zealand. One version was more suited to commercial photographers whose clients were typically businesses, and the other version for photographers working with domestic clients such as wedding and family portrait photographers. With many professional photographers today creating images in multiple genres, and many having a mix of commercial and domestic clients, the updated Standard Photographic Terms and Conditions of Engagement unifies the two previous documents so that regardless of the type of work or client, a single set of Term and Conditions may be used.

Collectively the AIPA and NZIPP have approximately 600 members ranging from new entrants in the industry to long established, award winning and recognised industry stalwarts. Members predominantly operate as self-employed, small businesses.

All professional photographers, both members of AIPA and NZIPP, and non-members alike, are encouraged to use the Standard Photographic Terms and Conditions of Engagement as a key part of their business practice as they provide clarity, trust, protection and certainty for both the photographer and the clients of photographers. Use also simplifies the engagement process for both photographers and their clients.

The new document is available for viewing and download using the following link:
https://drive.google.com/file/d/1wYrR_RlXJ7xUhpkkgLv0EpLvOoKullpc/view

Lifestyle Shoot for Bank

Client type
Bank

Client size
Enterprise (more than 500 employees)

Assignment description
Lifestyle shoot to build a small image library for digital use, mainly social media.

Was this a direct client, or did the job come via an ad agency, design firm, PR agency, or other intermediary?
via Advertising Agency

How long did it take to prepare for the shoot?
Photographer: 1 full day
Producer: 2.5 full days

How long did the shoot take?
1 full day

How long did it take to edit and process the images from the shoot?
4 hours of file prep (post production was handled by the advertising agency)

How many images did you supply to the client?
40

Licence purpose
Digital only (print added on later - see additional notes below)

Licence territory
New Zealand

Licence period
24 months

Licence exclusivity
Exclusive

Licence conditions
None

Creative fees
Tech recce: $700
Creative fee: $3,500

Production charges
Producer pre-production: $1,600
Producer shoot day: $600
Assistant/digital operator: $500
Digital capture: $550
Digital file management: $600
Lighting/equipment hire: $850
Hair and makeup: $950
Catering: $245

Total cost
$10,095

Did you retain copyright?
Yes

Did you use AIPA Terms & Conditions?
Yes

What were the payment terms?
20th of month following shoot

Additional notes
Client decided to go for an additional licence for print @ $7,000.


If you'd like to see more photo shoot pricing data please consider joining the AIPA.

Watch Out for These Phrases Designed to Trap Freelancers

"If you say yes to gigs that don’t pay fairly, you are doing your peers a disservice by prolonging the misinformed idea that the type of work you do can be offered for free or cheaply. I can’t believe there are still so many people/companies out there trying to get away with not paying people for their honest work. If someone offers to pay you something other than a fair rate for your work, let them know you are unable to take the job." - Willa Koerner

https://99u.adobe.com/articles/63444/watch-out-for-these-phrases-designed-to-trap-freelancers

Athlete Portrait for Corporate Client

Client type 
Corporate

Client size 
Large (up to 500 employees)

Assignment description 
Create one full length hero portrait of an athlete to match supplied visual. Shot against green screen and lit in-line with shoot style guide supplied to match pre-existing background plate.

Was this a direct client, or did the job come via an ad agency, design firm, PR agency, or other intermediary? 
via Advertising Agency 

How long did it take to prepare for the shoot?
2 hours

How long did the shoot take? 
1 hour to shoot then 1 hour to break down and pack up

How long did it take to edit and process the images from the shoot?
1 hour of file handling

How many images did you supply to the client? 
40 RAW files

Licence purpose 
Advertising in any media

Licence territory 
New Zealand

Licence period 
12 months

Licence exclusivity 
Non-exclusive

Licence conditions
None

Creative fees 
Creative fee: $2,000

Production charges 
Digital capture: $150
File handling: $100
35mm Digital kit: $200
Computer: $50
Lighting: $570
Studio hire: $400
Assistant: $350
Makeup artist: $380

Total cost 
$4,200

Did you retain copyright? 
Yes

Did you use AIPA Terms & Conditions? 
Yes

What were the payment terms? 
20th of month following

Additional notes 
This was a half day shoot. The final image was used in window displays, online and on bus backs.


If you'd like to see more photo shoot pricing data please consider joining the AIPA.

Annual Report Shoot for Transport Company

Client type
Transport company

Client size
Enterprise (more than 500 employees)

Assignment description
Annual report. One corporate portrait shot and the rest were company activities.

Was this a direct client, or did the job come via an ad agency, design firm, PR agency, or other intermediary?
via Design Firm

How long did it take to prepare for the shoot?
3 hours

How long did the shoot take?
2 half days

How long did it take to edit and process the images from the shoot?
4 hours

How many images did you supply to the client?
6

Licence purpose
Corporate Financial

Licence territory
Worldwide

Licence period
In perpetuity

Licence exclusivity
Non-exclusive

Licence conditions
Corporate communication only

Creative fees
Creative fee (2 half days at $1,500 each): $3,000

Production charges
Post production (edit only, delivered RAW for in-house retoucher): $600
Equipment hire (digital, camera and lighting): $1,480
Assistant: $560
Travel: $100

Total cost
$5,740

Did you retain copyright?
Yes

Did you use AIPA Terms & Conditions?
Yes

What were the payment terms?
30 days following invoice


If you'd like to see more photo shoot pricing data please consider joining the AIPA.

When Should You Grant A Copyright Transfer?

"The request for a copyright transfer, often called a buyout, always makes me antsy - and I know I’m not alone. Copyrights are valuable and photographers know we need to charge substantially to turn them over, but what if such a big fee scares the client away? This kind of thinking regularly puts photographers between a rock and a hard place and can make us second-guess our fees. But this increasingly popular request doesn’t have to be a negotiating sticking point. Instead, photographers should learn to confidently explain to clients why a buyout costs more, and take the opportunity to help educate the customer and potentially save them money." - William Sawalich

https://alphauniverse.com/stories/the-pro-files--when-should-you-grant-a-copyright-buyout-/

Image Library for Insurance Company

Client type
Insurance company

Client size
Enterprise (more than 500 employees)

Assignment description
Provide a large volume of images for use in an advertising campaign as well as a library of photographs the company can tap into for future projects.

Was this a direct client, or did the job come via an ad agency, design firm, PR agency, or other intermediary?
via Advertising Agency

How long did it take to prepare for the shoot?
3 days

How long did the shoot take?
10 full days

How long did it take to edit and process the images from the shoot?
3 days

How many images did you supply to the client?
500

Licence purpose
All print and digital media

Licence territory
New Zealand

Licence period
In perpetuity

Licence exclusivity
Exclusive

Licence conditions
No attribution required

Creative fees
Photography fee: $25,000
License extension: $5,000
Post production: $5,000

Production charges
Assistant for 10 days: $3,500
Location scouting: $5,000
Travel - flights, hire car, accommodation, food: $11,500

Total cost
$55,000 + GST

Conditions of Sale
Photographer retains copyright
AIPA Terms & Conditions apply
30% payment up front, remainder paid 20th of month following invoice


If you'd like to see more photo shoot pricing data please consider joining the AIPA.