I will say a standard contract if you work with Fohr on behalf of any of our clients, our contract gives the brand use of that content in their own channels so their Instagram, their Twitter, their Facebook, their Pinterest accounts. It gives them the rights to use it in their own channels. It does not give them the right to put any spend behind promoting that, so organically, they can use it, but they can't put any ad spend behind it. It gives them the right to use it in a newsletter but not to link to a product. You could be in the header of the newsletter linking to the homepage, and that would be under the contract, but if it is a photo of you wearing a certain handbag and it linked to that handbag, that wouldn't be allowed.
Same they can use it in their blog or something on their homepage. They can't use it in e-com, so it can't be on a page that is driving to sales. Essentially, we give the brand rights to use it for anything that doesn't directly result in a sale. If a brand is pushing you for usage rights, 100% it is industry standard to charge for that. What you charge varies greatly on what the ask is. Is it one month? Is it three months? Is it two years?
The thing you have to think about with usage rights is-- Excuse me. Let's say you're doing haircare, shampoo. Let's say you do a shampoo ad, a sponsored post with the brand, and they buy six-month usage rights on your photos. Then in three months, you do a post for another brand, but brand A still has usage rights and is running ads with your face and your content for a competitor of the brand you're talking about. Now, that puts you and your new client in a difficult situation, and that is a big reason why you're charging for usage rights is that it kind of is like a form of exclusivity because I think it is difficult for you to continue to do sponsored posts for a direct competitor knowing that someone else has usage rights on that same product.
I would feel like if I was the brand and I bought a sponsored post from you and then I logged into Instagram and I looked at that sponsored post and then four posts later was a paid post from my biggest competitor with you in it, I would be very, very upset. I don't know enough about the contracts to know if that would be breach of contract, but I certainly would feel wronged. That is why I think it's important to charge brands for this stuff is because it does limit what you can do inside of that space.
I think part of the question was also brands asking for extra images and wanting usage rights on those. Again, for a brand to do a cheap e-com shoot, so this is just like they're kind of shooting product on a model in their office, on the lowest end that's probably $2000, $2000-3000 to do that. A campaign shoot on the low, low end for a brand is probably $10,000-15,000, so when they do those shoots, they obviously own the images, and they get to use them as much as they want. One of the ways that brands are using influencers increasingly is they're not shooting. They're not doing their own campaign shoots. They're using influencers to do them, which I think makes a lot of sense and is much cheaper, but it is something that you should charge for, certainly. You're doing work. There is value there.
I'll just back-of-the-napkin say that, let's say you charge $3,000 for a sponsored post. If the brand wanted 30 days of the usage rights, paid social ecom, I would charge another $1,500 for that probably. That's just the general-- Again, it varies quite a bit, and you want to be fair. Especially if a brand is buying a sponsored post and usage, you want to make sure that they get a little bit of economy of scale there, but I also wouldn't give it away.
I say that partially at the detriment of my own company and our work because whatever I say here, it seems to come back to our team, being like, "Why are you telling influencers to do this? Because now it's all getting more expensive". I say this in some ways at my own detriment, but understand that if you're not charging for usage rights, almost everyone else is, and it's become quite standard. Any negotiation, you have to understand your value, understand where you are in the space, and be realistic, but this is something that people are used to paying for, and you shouldn't be afraid to charge for it.
- Reposting Instagram Stories, Fohr Influencer Profiles, Usage Rights