Detailing Understandable Rights Packages - Editorial Covers

Consider this - You're called to shoot a magazine cover. Your marketing paid off, and you have fees and expenses that fit the clients' budget, and are fair to you.

How do you define your rights package so you and the client understand it. Simple. Speak the same language. Use PLUS. (Check it out - it's free for you as a photographer to use!)

Here are a few ways you could define your contract:

In their "PLUS Packs" category, they have a package of rights for the cover. It is:

Periodical Cover - One Issue (PPCO)
Use on the cover of a magazine, newspaper or journal. Applies to a single printed issue of a periodical. Includes distribution of same issue on publisher's website. Allows reproduction of cover for promotional purposes.

You define the following:

Duration, PLUS Region, Region Constraints, End User, Product or Service Name, License Start Date

So, your license might read:

Produce one portrait of {subject} on September 1, 2007, for ZYQ Magazine cover. Rights granted are: Periodical Cover - One Issue (PLUS PACK:PPCO), beginning October 1, 2007 in the United States, for ZYQ Magazine.

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In addition to that information being on the front of your contract, under a field like "Description of Assignment and Rights Licensed", you would want to include that text into the metadata of the image you are sending them. While future metadata templates and fields will make this process easier, for now, It could well look like this (click to see larger):


Here's a screen grab of my contract for an assignment I shot last week:


In the rare case that your publication is akin to People, and People En Espagnol, your license should then include a language specification, and could then read:

Produce one portrait of {subject} on September 1, 2007, for ZYQ Magazine cover. Rights granted are: Periodical Cover - One Issue (PLUS PACK:PPCO), beginning October 1, 2007 in the United States, English language only, for ZYQ Magazine.

Suppose though, that you're assignment is for the inside of the magazine? PLUS PACK PPIO works for you:

Periodical Interior - One Issue (PPIO)

Use on an interior page of a magazine, newspaper or journal. Applies to a single printed issue of a periodical. Includes distribution of same issue on publisher's website. Allows reproduction of page for promotional purposes.

You define the following:

Duration, PLUS Region, Region Constraints, End User, Product or Service Name, License Start Date

So, your license could then read:

Produce one portrait of {subject} on September 1, 2007, for ZYQ Magazine interior story. Rights granted are: Periodical Interior - One Issue (PLUS PACK:PPIO), beginning October 1, 2007 in the United States, for ZYQ Magazine.

What if you're client's not familiar with the PLUS glossary? You could include the cross-industry accepted definition as well:

Produce one portrait of {subject} on September 1, 2007, for ZYQ Magazine cover. Rights granted are: Periodical Cover - One Issue (PLUS PACK:PPCO), beginning October 1, 2007 in the United States, for ZYQ Magazine. PLUS Pack PPCO is defined as: "Use on the cover of a magazine, newspaper or journal. Applies to a single printed issue of a periodical. Includes distribution of same issue on publisher's website. Allows reproduction of cover for promotional purposes." For more information, visit USPLUS.com.

This additional information, whether this license, or the one below, could make it more undertandable.

Suppose though, that your client is insisting that reprint rights (i.e. being able to reprint the cover story to sell to the subject of the story for their own promotional purposes) be included? After you've determined the additional fee that should apply to this extension of the rights being granted, then try then "PLUS (Rights Ready) Packs". There, you'll find:

Editorial Front Cover (PREC)
Use on the front cover of a magazine, newspaper, book or other printed material not intended for commercial or promotional purposes. Use applies to a single issue or edition and all reprints or printed versions of the original use. Image may only be used on the front cover of the publication.

you then define:

Duration, PLUS Region, Region Constraints, End User, Product or Service Name, License Start Date

So, your assignment description on your contract would read:

Produce one portrait of {subject} on September 1, 2007, for ZYQ Magazine cover. Rights granted are: Editorial Front Cover (PLUS PACK:PREC), beginning October 1, 2007 in the United States, for ZYQ Magazine.

Or, if the definition needed to be included as we did above:

Produce one portrait of {subject} on September 1, 2007, for ZYQ Magazine cover. Rights granted are: Editorial Front Cover (PLUS PACK:PREC), beginning October 1, 2007 in the United States, for ZYQ Magazine. PLUS Pack PREC is defined as: "Use on the front cover of a magazine, newspaper, book or other printed material not intended for commercial or promotional purposes. Use applies to a single issue or edition and all reprints or printed versions of the original use. Image may only be used on the front cover of the publication." For more information, visit USPLUS.com.

Here's how it looked for an assignment from two months ago for a smaller circulation trade publication:


By being specific about your rights packages, it makes it so much clearer for everyone to understand, and fewer clients will be demanding "all rights" deals, when you've given them what they need, and they pay for those needs.

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"Content Is King" says CNN

I'm beginning to tire of this phrase, not because it's not true (because it is), but because I keep hearing it. Back in March of 2006, Corbis Chief Executive Steve Davis, in a Business Week article "Content is King at Corbis reported "Davis...harkened back to one of the rallying cries of the '90s by quipping: 'Indeed, content has become king.'"

Gates himself is reported in TNC.net to have said "“Content is King”...Content is where I expect much of the real money will be made on the Internet..." Indeed, Mr. Gates, you are right.

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The San Francisco Chronicle writes, on March 16th of this year, on the Viacom v. Google $1B lawsuit:

figuring out who is right in this lawsuit is also a no-brainer: Viacom. Is there even a gray area here? YouTube is profiting (or, theoretically could profit) from artistic content that it didn't create. It's taking something that was developed by Viacom, namely a number of popular television shows, and offering them free to YouTube users. Call it what you want -- say, an infringement on our mindless fun and viewing pleasure -- but it's essentially stealing. Fair use? Uh, no. Stealing.

What's important to contemplate, at least from the perspectives of television and its future uses, is the core issue highlighted by the lawsuit. And, no, it's not the cash thing. It's the content...What does YouTube make, again? Content is king...You make the content, you wear the crown."

Youtube does not make the content, they are the delivery vehicle, and just as the drug dealer gets his car impounded, so too will delivery vehicles of the technological sort also stand to be liable, DMCA notwithstanding.

After 27 years, CNN is dumping all Reuters content, still photography, text, and video. Reuters is reporting (about themselves no-less) "This is all about us, not Reuters. This is about content ownership," CNN's spokesman Nigel Pritchard said. He went on to say "Everything is changing and content ownership is king."

So, why is it that photographers continue to simply give away their content, for a pittance? for between $200 and $400, any number of freelance photographers will give away a day of their life to chase news, signing away their content in the process to wire services. These organizations are like the medieval tax collectors, coming to my fellow creatives and taking more of their money than they have, and they feel they have no choice, yet they do. They have become, in a way, enslaved to these kings of content. Not diverse in their client base, beholden to one master, and on a whim these masters could simply tire of them, and they would have no resources to sustain themselves.

Tony Maddox, executive vice president of CNN International, said in a memo dated August 29, "It's a step forward to greater control of our editorial product, of the quality of the CNN services we provide and of our growth and success in the Digital Age."

You too must recognize the value of your editorial - and commercial - products. Moreover, you must realize that you are, in fact, creating a monetizable product, and, as such, you should do everything to protect it, from actually registering it with the copyright office, to engaging in a dialog about the nature of a rights package a prospective client wants for assignments you are to do for them

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"Oh, wait, this is our fault...."

Honestly, this wasn't actually meant to be a 'pile on iStock' day, but when you have a target-rich environment, you have to make the most of it.

Last week we reported (8/24 - Getty Site - Site Down as Stock Is Down?) on the new Getty Images site as being down. Well, what happened here?

It seems that Mr. Livingstone's at it again. Where is Ranz when you need her?

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I was just minding my own business, following a link from another site, and this is what I ran up against.

Perhaps it's (as reported at StockPhotoTalk) the "...Feel free to download 30 of our 60 sample photos for free and get a 20% discount on your first purchase..." server load? Or, maybe, it's because everyone's over at the iStockalypse and no one is minding the store? So, I go back to check again 10 minutes later, and here's what I get at the main site:


Down for maintenance? Isn't that what the IT department does on a Saturday night, when there is little traffic (relatively speaking)? Not on a Thursday around noon!

I guess it's a good thing that today isn't 100% royalty day!

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The iStockalypse

Heading to France today, August 30th, those groovy iStockPhoto contributors are partying like it's1799, and they've "paid for the experience of shooting photography in a fun and professionally organized environment" at what is surely to be a fun-filled iStockalypse, billed as:

iStockphoto's exclusive contributors have committed themselves to our growing international community and we're proud of our ongoing professional relationship with our talented artists.

To show our appreciation, we're throwing an exclusives-only iStockalypse...We're going to be rocking one of the most diverse cities in the Mediterranean — iStock-style — and this is going to be our biggest gathering yet, with 100-plus contributors, inspectors, and staff attending from around the world.

Our eager planners have already been scouring the city, exploring shoot locations, including a picturesque vineyard and the sun-drenched nearby beaches. We're also bringing in the best equipment and experts from across the world of photography and accessories for a variety of interactive workshops and studio sessions.

We're really pulling out all the stops, booking an enormous professional film and television set, which will be divided into several studio environments with top-notch lighting. Dozens of experienced models will be on hand and we'll be providing diverse wardrobe choices for concept shots.

Does "We're going to be rocking one of the most diverse cities in the Mediterranean — iStock-style...", mean, on the cheap, for pennies on the dollar of what 'rocking it' should be?

They also say "We're also bringing in the best equipment and experts from across the world of photography..." I spoke with one of the experts they solicited to bring in, and guess what? When he inquired about what he'd be paid to travel to one of these get-togethers to teach these iStockers, all he heard on the other end of the phone were crickets chirping.

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From this link, they talk all about just what the iStockalypse is:

Under savvy expert guidance, beginners and seasoned pros get to share what they know and create brilliant images with old and new friends.

Bringing together dozens of highly creative individuals in a strange city makes for some boisterous times and in order to attend an iStockalypse, attendees need to be of legal drinking age in the host city...A good sense of humor and lots of water can go a long way.

Nice. What they should write is "plan on getting drunk because we'll be 'boisterous' at times...". And that 'water' they were recommending when things don't go as planned, is probably best saved to hydrate yourself before you fall asleep inebriated to avoid a hang-over in the morning.

There's even a forum posting with tips such as:

• If isomeone is posing a creative shot and shoots it - they should be the ones that get to upload it.
• If someone is hooked up to strobe lights, give them space to shoot what they want during their turn.
• If someone is hogging the lights, but incredibley creative... take a few minutes to learn from them but dont be afraid to jump in there and ask for a turn!
• If everyone has paid to be there, they have as much right to shoot as you do, so let them, how would you feel if they kept getting in your way, or stealing models, or interrupting your shot?
• See it like speed dating and treat it like a speed shoot where the quickest ideas are framed
• I think if one photographer is setting up the models and the shoot, those poses and what not should be for that photographer alone...........but somehow that won't fly at a lypse event.

The iStockalypse site goes on to say:

The events transform hobbyists into knowledgeable photographers, and endow them with the skills for a professional career.

Each day iStock sets the stage for participants to launch into high-end photo-shoots...

Hmmm. Maybe they missed the ModernPostcard e-mail which billed iStockPhoto as an opportunity to "...skip the expensive photo shoot..."

I do hope that the models are not French (meaning they would have to import them from another country) because clearly Getty (yes, that would be the parent company if iStockPhoto) has had problems with French models because of the model's rights, because Getty has very specific model releases when the models are French Nationals:

The "French/France" release should only be used in France and only when using French National models. This release looks markedly different compared to the mandatory 2004 Getty Images releases, in other languages for use in other countries. It is different because French laws are very unique and specific when it comes to protecting model's rights. Therefore we have had to develop a special version for use in France with French national models.

Good luck photographers, I do hope you've looked at your ROI on this one, and bring your #2 pencil, there's an entire hour devoted to "Fill out Appropriate Forms" first thing Friday morning - what a way to start the day. Oh la la'lyspe is right. Beware the potential to be asked to reduce your commission rate because they're providing all the venues and models - read that fine print!

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The 'Virus' is Spreading

Jim Pickerell is reporting that the microstock virus is spreading to Getty Images proper. Well, he didn't call it a virus, but it's appropo none-the-less. By virus I mean the iStock pricing mentality. Virus Patient zero is the former head of iStockphoto - Bruce Livingstone. It was indicated when iStock was aquired that he was to remain at the helm of iStockPhoto. Yet he has succeeded in bumping Getty's web guru as SVP of Technology Linda Ranz just weeks before the new site launch so that he is now SVP of Technology, in addition to his remaining as CEO of iStockphoto.

It's worth noting that Ranz was at Getty beginning in November 2006, and here JDK says of her "...Linda has had a spectacular career at Getty Images...". Hmmm, I doubt that anyone would suggest that a 10 month stint anywhere is a "spectacular career"). Like Jim Jones before him, Livingstone is passing out the purple kool-aid, and people are a drinkin'. According to Pickerell:

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"Getty Images has announced a new Web-use price of $49...Getty believes this new low price will help it capture a portion of the market that might otherwise go to competitors...Image suppliers should find it easy to gauge the success of this initiative by watching their sales reports and comparing the volume of units licensed with previous orders."

Volume of units licensed? Yes, but how many units must be licensed at $49 to arrive at the revenue previously? (Revenue, as in, cash paid for image license = profitability, etc) This seems like it could be a fake-out to artificially increase a line item in a quarterly report listing the number of images licensed for what will otherwise be a lackluster quarter for GYI, perhaps?

Tuesday, Andy Goetze over at StockPhotoTalk ,wrote:

Getty Images is "slicing off a portion of its portfolio to sell as midstock [under the new RF brand Valueline starting on August 31]. 100,000 royalty free photos will be removed from the bulging Getty portfolio to be sold under the Valueline brand at Punchstock.com. The images were all created prior to December 2005 and are drawn from various collections that Getty owns or markets for the photographers. Prices start at US$19 for a small web-sized image. All other sizes are US$49."

So, it's not bad enough that it's $49, it's actually as low as $19. Welcome to the world of "midstock". Welcome to the alternate reality that is JDK's World.

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CORRECTION: We originally listed Livingtone as CTO, he's not. He's still CEO of iStockphoto, and is now SVP of Technology too, as was Linda Ranz SVP before she got the boot.

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iStockPhoto - 100% Royalty Day

Why, oh why, is iStockPhoto running "100% royalty" days? iStockPhoto forum member LeggNet wrote on Friday, August 24th, at 10:08PM:

"I count the extra $75 I received today from "100% royalties day" as a nice special"

According to PDNPulse, which reported on July 20th, that this would happen in the next two months, it apparently did, on or about August 20th, according to their forums, but only if you're an exclusive istockphoto contributor, otherwise, it's just 20% for you, with no 100%. Of note, from their press release, was an interesting figure - 2,300 - "...All 2,300 iStockphoto exclusive members...", meaning, that there are only 2,300 members (apparently worldwide?) that are exclusive, yet they gave out $100,000 extra that day. That amounts to about $43.48, on average, additional per day, to each exclusive member. Above, LeggNet got $75. Somewhere, there's some reverse-engineering worth doing there to determine the monthly revenue by iStockPhoto, and the 2,300 exclusives, to the quantity of non-exclusives, to determine just how good bad things are over there.

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Photo Business News & Forum - Updates and Enhancements

Things are hopping right along here at Photo Business News & Forum. Because a number of the recent postings have been rather lengthy, and caused other stories of interest to bump to the second page, I've taken a page (or, rather, a few pages) from the world of print, and 'big league' bloggers, and instituted the 'jump' concept. So, after a paragraph or two, and a graphic or two, you'll be given the opportunity to delve further by clicking on the "More: Full Post and Comments" link, taking you to the rest of the story. This will allow for more posts to remain on the "front page" longer, for you semi-daily visitors to check out. At the landing page, you'll also be able to see reader comments, and hopefully add your own. There have been some robust like here, for Modern Postcard, as well as here for my post on 'bad for the profession', and here, for my commentary on the new NFL vest issue 'whoring you out - on your frontside and backside too', to cite just a few. for those of you on RSS feeds, you may have noticed a few updates of posts in the past few days, because I went in and added the 'jump coding' to make that happen. Sorry if this caused momentary confusion.

Further, if you're a fan of RSS feeds, check out the upper right corner of the page. Yep, it's been there for months, with a few popular options - Yahoo and Google, and we've earned a respectable number of readers via Feedburner, so that link is there too. Click the "Subscribe to the News & Forum feed" link you can choose from all the popular web-based readers. Also a bonus - the entire post is on your feed, so no need to hit a jump link for you 'feeders'!

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Yep, this would be the rest of the post. Not much to say here, of course. We will have more updates and tweaks to make your PBN&F experience more fun and exciting in the near future.Think - deconstruction and consolidation. Hmmmmmm.

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JDK's World

If you're looking for a straight-up biographical sketch of Jonathan D. Klein, look elswhere. According to his employment agreement with Getty, he's "is viewed as an expatriate on assignment" over here in the US of A, from the UK.

Instead, JDK must be an ex-pat from an off-world colony, or a parallel universe, JDK's World, if you will. There are a number of JDK-isms. To wit:

• Of Linda Ranz - "Linda has had a spectacular career at Getty Images and her contribution to the success of the business, in a variety of roles, has been enormous." This, after she had been there only 10 months, during a time when the stock plummeted. Where else is a 10 month run seen as "spectacular", other than the alternate world that is filled with show tunes called Broadway?
• PDN reported "Klein also revealed that a glitch in Getty's online footage search led the company to lose about $1.5 million in revenue. 'The bad news is that it happened. The good news is that it has been fixed since them,' he said." Really? As Ismay suggested to Captain Smith to increase speed the bad news is a navigational glitch has been revealed, the good news is, we won't have to discuss it in a few days, might have been a comparable conversation. "Glitch" and a "$1.5 million" loss are not equatable to one another.
• About criticisms of JDK/GYI/et al, he said "There could even be some wild speculation about our business and our prospects. My advice is simple -- ignore it." Really? Ignore your critics? At your own peril in this world, but it is commonplace in la-la land (aka Hollywood), and you see how much many of those films loose. When studios know they have a bomb, their surefire method is to not make the film available for a preview for the critics, or, better yet, praise the fake critics. So, I say again - ignore your critics at your own peril in this world.

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I'm sure that many of you can expand on these in the comments. GYI employees, feel free to post away using the "anonymous" commenter option.

PDN reported back in July:

Jonathan Klein...plans to work from New York for nine months beginning in September...Officially, Klein is coming to New York so he can connect with Getty customers, who include many media and advertising firms in New York...Unofficially, we know New York is a great place to talk mergers and acquisitions. Klein has said Getty wants to acquire more companies and expand into new services.."

However, it could be that the cocktail/party circuit in Seattle is a bit lacking, and Klein is, instead, looking to have a well-shaken Martini as he increases his visibility among other Wall Streeters who might, instead, give him a new lease on life at a new company, perhaps? If you can't change the world you are in, at least change cities (and hopefully jobs). This is one aspect of JDK's World.

Those aren't tinted spectacles he wears, they're full-on reality-shifting spin-meistering beer goggles, where JDK's World does not look like our own.

A few questions remain:

Did JDK's World export the phrase and mentality "loose a little on each sale, but make it up in volume?"

In JDK's World does the formula A-L=OE work?

In JDK's World is the common investment strategy to short, rather than seek increased value? If so, a drop from $90+ to $30+ in such a limited timeframe should be cause for celebration!

In some areas of this world, "Profit" is a bad word. Is that so in JDK's World?

In JDK's World, is up down, and down up? Can if be found down the rabbit's hole", or through a side door in the WWCF?

Perhaps, instead, JDK has figured out the theory of the universal wavefunction and has finally figured out the deterministic equations to solve non-deterministic events, which, of course, would be a boon to this world, to be sure.

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Modern Postcard - Round Two

What a difference a (business) day makes. As I wrote on Friday, Modern Postcard made a monumental error. Judging from e-mails I recieved alone (over 30) with photographers who sent e-mails to MP expressing their displeasure and cancellation of jobs in process, by yesterday, they had clearly heard the cacophony of voices. ASMP and APA members pummeled them on their listservs, photographers at Sportshooter and numerous places elsewhere, all were espousing other printer solutions. Organizational leadership also reached out to enter into a dialog.

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Now, the worm has turned. Intrepid reporter Daryl Lang over at PDNPulse confirmed that Modern Postcard has ended it's relationship with iStockPhoto, with this entry, writing "Now Modern Postcard has gone one step further and ended its affiliate relationship with iStockphoto, PDN has confirmed..." on the PDNPulse blog (with Lang kind enough to link to this blog - thanks Daryl!). He states that he'll have a full story on PDNOnline soon.

Modern Postcard took action, and should be applauded - and forgiven. They made a mistake, and yes, they should fire that marketing person still, however, they didn't just say they were sorry, they severed their business dealings with a detriment to the professional photographic community. They did the right thing. Should they have not done it in the first place? Of course, however, forgiveness is the gracious thing to do.

DECISION? iStockPhoto KO'd.

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Ladies and Gentlemen, Step Right Up!

Ladies and gentlemen - Leopard is now available for pre-order by clicking this link-> Apple Mac OS X Version 10.5 Leopard. Now, if you're like me, you'll actually need the Leopard Family Pack just to stay legal! With all the excitement about it's features in the past few months, I am very excited about it's arrival. Amazon's even got FREE SHIPPING and no tax (for most states!).

For you PC users, stick with XP, as Vista is clearly not ready for prime time. Or, get Parallels Desktop 3.0 for Mac (Intel Mac) and you can run all your PC applications on your (new?) Mac (note - you'll still need a full XP license), but you can transfer that from your clunky PC to your new Mac running Parallels! Sweet!

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A more civilized approach than Muscle Men

So, you did the work, it looked great, and you delivered on time - oh, and sent the invoice!

Silence.

A call from you reminding them they owe you.

Silence.

Another call, and an e-mail.

Silence.

Now they're not even taking your calls.

Enter Dun & Bradstreet.

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Their Receivable Management Service is a great solution, and here's abit from their sales information:

Letter Demand Services Get your payment requests paid by using D&B's letter demand services. Our portfolio of letter demand services features attention-getting correspondence printed on D&B stationery, giving you the opportunity to leverage the D&B name. Now, even your smallest past-due accounts can receive the focused attention they need before they become a serious collection problem or bad debt. For high-volume customer service applications, we can also furnish laser-printed letters that replicate your stationery. These are ideal for applications such as product information notices and remittance instructions."

We don't get a lot of clients who never pay, but when we do, D&B is our go to solution, and they've gotten results.

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