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Production company wants to offer money to use part of my video-update agreement

Posted on 6/5/12 at 7:03 pm
Posted by LSForYou
Member since May 2012
506 posts
Posted on 6/5/12 at 7:03 pm
I had a video out on the web a while back and have since removed it. It was a vid of the crowd at a college sporting event. Anyway, a production company found my contact info and e-mailed me asking about permission to use a small part of the video. They are prepared to get an agreement signed and pay me for the rights to use it in a commercial.

My question is what might be a decent offer to accept? I have no earthly idea what might be in the ball park. 10, 25, 500, 1000 dollars. I don't know what is the going rate. It was just a run of the mill video taken with a 300 dollar digital recorder that included people in a frenzy in the stands (with no recognizable faces).

The company is legit and has made many commercials, including one most recently a Visa commercial for the Olympics.
This post was edited on 6/11/12 at 8:50 pm
Posted by Steele4real
Donaldson-Rouge-Slidell-Ville
Member since May 2011
30 posts
Posted on 6/5/12 at 7:20 pm to
If they're legit, it means they have money to give you. If they want exclusive rights (as opposed to just commercial rights) charge them an assload.

I would ask in what nature would the footage be used, and then ask them how much they're willing to pay for it.

Regardless of their response say something to the effect of "whoaaaa, is that it?" then plead your case that this footage is rare and that they'll have to make you a better offer. They'll proceed and asking you what you think is fair. Go ahead and state an offer that is double what they initially offered.

They'll say they can't afford it, then you say well the very least I can take is (175% of their initial offer). They'll come down on you from that and y'all will likely agree on 150% of what they initially offer.
Posted by Tigerholic
Member since Sep 2006
2458 posts
Posted on 6/5/12 at 7:30 pm to
or they just say f it and find random crowd footage somewhere else. unless u filmed some historic event the video isn't worth much.
Posted by TheHiddenFlask
The Welsh red light district
Member since Jul 2008
18384 posts
Posted on 6/5/12 at 7:35 pm to
I would try to ask for a % of revenues generated.

With that said, I know nothing about the industry.
Posted by LSForYou
Member since May 2012
506 posts
Posted on 6/5/12 at 7:54 pm to
quote:

unless u filmed some historic event the video isn't worth much.


They are only using the crowd shots (they say) and have no interest in the event.
Posted by ItNeverRains
Offugeaux
Member since Oct 2007
28166 posts
Posted on 6/5/12 at 8:36 pm to
I do music for TV and Film, mostly Disney, Nick, WB, etc...i get anywhere from 2-5k upfront, then give up 50% of the publishing and allow rights of usage. That is my cut after agents take.

Maybe shoot for $50 a second, 10 second minimum for 1st time out? That doesn't sound unreasonable to me.

Edit: you can contact Geoff Seagal At Fundamental Music, super nice guy, may take a couple days to get back, but he does this stuff everyday and has served me well
This post was edited on 6/5/12 at 8:41 pm
Posted by LSForYou
Member since May 2012
506 posts
Posted on 6/5/12 at 8:55 pm to
quote:

Maybe shoot for $50 a second, 10 second minimum for 1st time out? That doesn't sound unreasonable to me.

Using negotiations mentioned earlier, this might not be bad. For commercial/one time or exclusive? Someone recommended a boat load for exclusive. What might that be?

Posted by LSUTigers00884
Lafayette
Member since Oct 2011
1166 posts
Posted on 6/5/12 at 8:56 pm to
quote:

% of revenues generated

This.
Posted by Steele4real
Donaldson-Rouge-Slidell-Ville
Member since May 2011
30 posts
Posted on 6/5/12 at 9:26 pm to
Exclusive means they essentially own your footage. They own the rights and no one else can ever use it except their company. Commercial rights (at least in the music biz) they borrow your footage,and "x" number of people are allowed to view it.

What I'm saying here is that if they want exclusive rights to your footage make them pay a steep price for it because it means they'll use it for other commercials as well.
This post was edited on 6/5/12 at 11:43 pm
Posted by LSForYou
Member since May 2012
506 posts
Posted on 6/5/12 at 9:40 pm to
quote:

pay a steep price for it because it means they'll use it for other commercials as well



I should know tomorrow or the next day if it is only for the one commercial or exclusive. I am not agreeing (or turning them down) right away and will post back
Posted by shutterspeed
MS Gulf Coast
Member since May 2007
70640 posts
Posted on 6/6/12 at 9:49 am to
LS, what is your goal for this transaction? Money? Exposure? Both? Keep that in mind.


Also, you need to post this thread to dvxuser.com on the Business board if you really want to know the market value of your footage and the variables involved in such a transaction.
Posted by Walkertiger
Asst. to the Regional Admin
Member since Nov 2007
2347 posts
Posted on 6/6/12 at 9:55 am to
Did you have permission to film at the event? I mean, can you even sell it without pissing off the team/college/sport?
Posted by LSForYou
Member since May 2012
506 posts
Posted on 6/6/12 at 8:54 pm to
quote:

LS, what is your goal for this transaction? Money? Exposure? Both? Keep that in mind.


$$. It was just a random video. I am no photographer. In fact, the reason they wanted it was because the camera action is shaky and the crowd.
Posted by LSForYou
Member since May 2012
506 posts
Posted on 6/6/12 at 8:56 pm to
quote:

Did you have permission to film at the event?


No. I was just your average fan in the stands.

quote:

I mean, can you even sell it without pissing off the team/college/sport?


IDK. The company will only use the fan footage with no names, banners or scoreboards. I suppose the team or league could figure it out, but the look of the stadium.
Posted by LSForYou
Member since May 2012
506 posts
Posted on 6/7/12 at 8:58 am to
Initial offer of 800.00 for a license to use 4 seconds. Am awaiting on written agreement to see if it will be a one time use for the their commercial or exclusive rights.
Posted by Sheep
Neither here nor there
Member since Jun 2007
19695 posts
Posted on 6/7/12 at 9:42 am to
quote:

Initial offer of 800.00 for a license to use 4 seconds. Am awaiting on written agreement to see if it will be a one time use for the their commercial or exclusive rights.


If that's their first offer, I'd follow this:

quote:

Regardless of their response say something to the effect of "whoaaaa, is that it?" then plead your case that this footage is rare and that they'll have to make you a better offer. They'll proceed and asking you what you think is fair. Go ahead and state an offer that is double what they initially offered.

They'll say they can't afford it, then you say well the very least I can take is (175% of their initial offer). They'll come down on you from that and y'all will likely agree on 150% of what they initially offer.


If they're willing to pay $800, they'd be willing to pay $1200.
Posted by LSForYou
Member since May 2012
506 posts
Posted on 6/11/12 at 8:49 pm to
We finally agreed on $1,100 for up to 5 seconds of video. One time license. If it is used in the commercial, 1100. If not, just 250. Awaiting paperwork to sign.
Posted by GaryMyMan
Shreveport
Member since May 2007
13499 posts
Posted on 6/11/12 at 10:19 pm to
This whole thing is weird.
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