Know Your Value: Defying Work-for-Hire for Photographer Empowerment

As photographers it's important that you know your value. In this article I'll explain work-for-hire jobs. Plus, I'll tell you why you don't want to agree to them. Then I'll discuss when and how you might accept one. Finally, I've provided reasons why clients don't need work-for-hire. Work-for-hire is a bad deal for clients as well.

Work-for-hire is work that belongs to the client. In other words, work you that have no ownership of. Work-for-hire is common for employees. If you're a W2 employee, you're work is work-for-hire. Of course W2 employees use employers equipment and receive benefits.

Work-For-Hire Photographers

Newspapers are one example of work-for-hire photographers. At least they were. The newspaper provided equipment. Plus photographers were given specific assignments. In addition the paper paid a wage and benefits.

Major Flaws in Work-For-Hire

This system had major flaws. For example, Pulitzer Prize winners do not own the winning work. Because it's work-for-hire, the newspaper owns it. In fact, even if they fire the winner the paper can still claim to be a Pulitzer Prize winning newspaper.

Photographers Are Independent Contractors

Most photographers are independent contractors. Work-for-hire are employees. However, independent contractors paying for their own insurance, equipment, and everything else they need for the job.

Ideally that means they have more freedom. They can do the job the way they know is best. Yes the client still asks for specific things. However independent contractors should retain ownership of their work.

Ultimately, independent contractors need to know their worth. Because this allows them to set their prices. If you know your worth, understand your costs, and are doing all the work to find clients, you're an independent contractor. Therefore you should retain ownership of your work.

Jobs such as driving for Lyft don't allow you to set your prices. Too you're not marketing your service, they are. As a result they don't meet the definition of independent contractors. This is why these companies are being forced to offer things such as benefits.

You Shouldn't Accept Work-For-Hire Jobs

If a client isn't paying you a wage, benefits, providing equipment, and accepting liability for any mistakes you make they're not entitled to own your work.

Think about everything you need for any photography job. You need cameras, lenses, and lights. Plus a computer, software such as Lightroom. Too, you need an internet connection and place to host the client's photos. Unless the client is willing to provide all of these things don't accept a work-for-hire offer.

Photographer-Client Obligations

As photographers we have obligations to our clients. We're obligated to deliver the photos they're paying for. Also, they expect us to be insured, have needed equipment, and to keep those photos for potential future use. there are many more obligations of course. Those are the bare minimum.

However, no client should claim ownership. That is unless they're providing everything needed to create the work. That might sound harsh. But, the truth is corporate America created this system. They can always hire in-house photographers again.

Before accepting work-for-hire double or even triple your rate. Every situation is different. However, if a client wants ownership of your work they need to pay for your work.

I spoke with a group of experienced professionals. Only a few of the photographers I talked with have ever been asked to do work-for-hire. That said, they all agreed on the answer: Double or triple your rate. If you're giving up ownership of your work the client needs to pay for it. To figure out what they should pay you've got to know your value.

Proper Compensation Matters

What is proper compensation? That's up to you. However, if doubling or tripling seems arbitrary here is some math to arrive at a more concrete number.

At the end of the day just remember that you're giving up all rights to the work you're doing for them. This is a big deal and they should understand that. If you help them to understand this it will help the rest of the photography community as well.

Go With The SBA's Estimate

Does the double or triple your rate idea seems high? In 2019 the SBA said that employees costs between 1.25 and 1.4 times their salary. As photographers we're well above average. That's because of the equipment costs. Therefore, if you're looking for a smaller figure how about 1.5 times your rate? I'd place that at the low end of what they'd pay if you were an employee.

How To Calculate Work-For-Hire Fees

You need to know your value. Too, you need to understand what expenses factor into the work you do. If a client want you to agree to work-for-hire then give them a rate that provides you with fair compensation.

Calculate Your Value

First, figure out what you're saving them. If they'd hired an in-house photographer what would it cost? Use the cost of your gear. They'd also pay payroll taxes, workers comp, etc. So you're saving them money. How much? If we use the SBA figure it's 1.5 times your regular rate. Let's keep going. Add in equipment and liability insurance.

Don't Underestimate

Don't sell yourself short. Remember, they're taking ownership of your work. This is a big deal. You deserve to be properly compensated.

You cannot think about a work-for-hire job like all the rest. This isn't a half-day, full day, etc. They will own your work forever. Plus it doesn't matter if you only worked that one day. They will own the photos forever.

Therefore you need to be paid fairly.

When I run the numbers I come out with $25,000. That number is the replacement of the equipment I often use and 1.5 times my fee. Too, I've factored in my phone, internet, etc. Am I really saving them $25,000? No. That's because they'd pay a group insurance rate and what not.

Too, I don't expect that they'll pay that total figure. No client would go for this. That said, I do expect them to pay some percentage of that figure if they want to own my work.

Work-For-Hire Means Client Ownership

You cannot use your work created under a work-for-hire contract. At least not without permission. Therefore you need to be compensated for the cost of what you put into the job.

Your work has value, you have value as a creator. Therefore you need to be compensated.

10 Things To Know Before Starting A Photography Business

Work-for-hire is also bad for clients. There are two reasons to hire one photographer over another. The first is purely price. If that's your criteria then you'll usually get what you pay for. I don't mean that in a bad way either.

Read Why The Copyright Matters To Photographers

The second reason to choose one photographer over others is their work. Looking at a photographer's work gives you a greater sense of the value they provide. When you hire based on work quality you of course expect the work they do for you to match.

Read This Before Hiring An Event Photographer

Work-for-hire removes incentives

However, work-for-hire jobs do not inspire photographers to do their best work. If the photographer cannot show off their work they have less incentive to create great photos. If you're only hiring based on the rate that might be okay. However, if you're hiring based on their work prepare to be disappointed.

Work-for-hire costs more

More photographers are becoming aware of the issues with work-for-hire jobs. This is a big reason I'm writing this article, to increase that awareness. As such, more photographers know they need to double or triple their fee before agreeing to work-for-hire.

You Don't Really Need It

The truth is that you don't really need to own the work. Every photographer is willing to sell exclusive rights. Most, if you ask, will only charge a small fee to not use the photos for self-promotion. In fact, if that limitation is limited in time, they may wave any additional fee.

What does ownership of the photos provide you? My comprehensive commercial contracts give my clients the ability to use the photographs for nearly everything. The one exception is resale of them. If I'm photographing an event for your company is the ability to resell those images really that valuable?

I'm going to assume the answer is no.

The Legal Department Insists

With due respect to the legal department, they have no idea why they're insisting. There is never a reason to need ownership.

Years ago I photographed an event for a local politician. They were a lawyer , and asked for contract changes. The first change was that no photos could be shown or sold without their permission. They were worried I might photograph an important person doing something silly or totally normal like holding an alcoholic drink.

They didn't want me to sell those to the local press. I explained that nobody would trust me if I sold photos of them to the press. I understood the fear but it was unfounded. In the end they loved their photos and they were in charge of who got to see them.

If your legal department insists on a work-for-hire contract there's no justification. Any arguments are easily debunked. Too, they're costing your company more money and time without adding any value.