OT: sell footage for tv b-roll?

sonic ra wrote on 3/14/2007, 4:17 PM
If you read any of the sizeable copyright thread that has been floating around the top of this forum, you'll have a little background on my current situation. To summarize, I shot a fashion show for a very high end art hotel and ultimately set it to some decent royalty free music. They liked it and had me come back to shoot their ice bar and the kitchen of the restaurant for a couple of little 2-3 min clips for their website or whatever.

Well, now they put the vids on HOLD and the GM dished me off to one of their marketing people who called me today. She said that the Today show was doing a piece on "cosmopolitan art hotels" and she wanted to send them footage of the hotel to be included. She asked what I would charge for the footage and I had to tell her I'd get back to her. Sorry for the OT, but you guys are the only ones I can count on for advice (other sites I've found seem a little amateurish).

My questions are:

Does anyone have any similar experience?
How much should I charge?
Should I settle up on the original agreements before discussing selling the footage?

Comments

fldave wrote on 3/14/2007, 4:33 PM
If it was done "work for hire", they own the footage. Don't tell them!

Now aren't you glad you didn't pirate the music?

Sorry, can't help you with an actual rate. Do they want you to submit it, or do they want your permission to submit what they already have?

sonic ra wrote on 3/14/2007, 4:47 PM
In my contract it says I own the footage.

fldave, The music won't play any part in the sale. I don't think they even want any of the fashion footage for purchase. They want the ice bar shots, art, etc.

They want the tapes, but they're vague about the future of my editing of the footage.
Spot|DSE wrote on 3/14/2007, 5:01 PM
If they want the tapes, you'll need to have them sign a stipulated license agreement that they'll only use it for XXX between XXX and XXX dates. Otherwise, you have no recourse if it ends up in a media library somewhere and is reused without your permission (which happens more often than you'd think).
As far as value, you can set that on your own. If it's not "once in a lifetime" footage that has no comparible (Paris Hilton beating a giraffe with an alligator purse while wearing a PETA jacket), then it's not worth a lot, but who cares? It's stringer footage that makes you some coin.
Robert-N-LA wrote on 3/14/2007, 5:49 PM
Yeah, they were idiots for not having your original contract be a work-for-hire... but you would be nuts to try to limit their use, since you probably don't want to be in the business of tracking your own residual and participation payments.

Personally, I'd keep it casual -- you're going to make more money by them re-using you and recommending you to others. I'd say, "Pay me 1/2 of the original contract (assuming you've been paid 100% of that contract already) and we'll call it a work-for-hire... I just want to retain the right to use the footage to promote my services."

Your biggest value is going to be "as seen on the 'Today Show'" on your website. Any other money is icing on the cake.
sonic ra wrote on 3/14/2007, 10:12 PM
Thank You, Robert. That is what I will do.