Friday, May 30, 2008

SportsShooter on Business

Sometimes, Brevity has it's place. To that end:

YEAH, WHAT HE SAID: Free is Killing Me!

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Thursday, May 29, 2008

The Business of Rock & Roll Photography

I've made images of probably over a thousand artists and musicians over the nearly two decades I've been making images. In fact, I am shooting a performance of a well-known 80's band on Monday for a client. On these assignments, I maintain my rights to these images, as well as preclude any conditions of my exercising those rights. I wrote extensively about making this type of imagery back in September ( So, You Want to Shoot Concerts? - Primer, 9/18/07), and I enjoy the continued challenges this type of work presents.

On more than one occasion, I have been presented with contracts I am supposed to sign in order to gain access to the venue, and these contracts restrict uses or transfer ownership or use to the artist I am assigned to cover. These contracts we just don't sign, not only because it's our policy, but it's the policy of the publications and clients we work for that any restrictions such as that have to have been negotiated in advance of our appearance, and more than once, a PR person came after me as I was walking away from signing, saying I didn't have to sign it, and could still cover the show. Sometimes I was on assignment for Rolling Stone, other times, lesser publications.

Now, one record company is taking all the images they have - some probably from employees images, others no doubt, from freelancers who they hired and recieved copyrights/broad re-use rights from, and is licensing theses images.

(Continued after the Jump)

The New York Times is reporting (Sony Taps Into Photo Archive as a Resource During Hard Times, 5/29/08) that Sony Music is looking to license out some serious images of their artists:

"Some of Sony’s music executives believe there is a gold mine under the company’s New York headquarters on Madison Avenue...'We’re looking to take advantage of all the assets of the company, not just the audio recordings'...". The article makes sure to note Sony's respect for the performers "To sell photos from the archive, Sony BMG gets the permission of the artists or their estates and gives them a cut of sales..." but wait? No mention of any compensation to the photographers who created the images.

If Sony owns the images, or the rights to re-sell them, then, by all means they should do so. I have no bones to pick with that. What I want to caution you to do is that, when a company - musical in nature or not - says that they need all rights, or copyright, and that they aren't going to do much with the images, that you think twice. They may not now, but they well could as those assets appreciate, and you're cut out of the loop.

Always do everything in your power to retain your rights to your images when a client comes calling. If you opt to license an extremely broad rights package (i.e. unlimited for ever) be sure to limit it to uses by that company only, or if not, to ensure that they are not exclusive rights, and be darn sure you are properly compensated to the breadth and extent of that client's rights package.

The article is definitely worth a read, and will give you insight into the many many ways your images can find their way into uses you never anticipated.


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The Business of Lighting - Genius And All

One of the things that gets me is when someone who has three production trucks, a star trailer, a Musco lighting rig, and six assistants puts together a project, and then expects the masses to snatch their video's off the shelf. Sure, they may sell a bit, but what people - especially those starting out - really need, is a hands-on real world (for most of us) demonstration of how to make lighting work, sans the AD, DOP, or best boy.

Enter my friend and colleague David Hobby, who has produced an amazing set of DVD's that aren't all slick and glamourous, and they're not supposed to be. While Chase Jarvis has shared with the masses how he rolls (helo's, Ninja's, and all), and I've shared with you what we use and why, and how we pack it, David is giving you the best how-to around. I've had the pleasure of watching David at work (among other things, we covered Ronald Reagan's funeral together) and his skill at getting in, getting the shot, and getting out, is a sight to behold.

Thus, it's worth the $139 he's selling the DVD's for. Trust me on this one. Spend the dough and be enlightened. His this link to get yours now, and this link to see what David's saying about it, and several teaser bits to entice you if, for some crazy reason, you're on the fence!

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Sunday, May 25, 2008

Conde Nast/CondeNet Contract: Introduction

More and more, Conde Nast is growing their universe, and family of publications and online editions. Previous Conde Nast contracts are now being used in the CondeNet contracts. Here below is the CondeNet version, but it's essentially the same as the Conde Nast versions. In fact, the CondeNet version is essentially a drive-by rewrite of the Conde Nast edition, because of concepts like "Foreign Editions", which would be printed editions as well. These designators are OL1 and OL2, and I am making the educated guess that the "OL" designator, is short for "OnLine."

Recognize that in these contracts, you're not being compensated for your work appearing in online editions when the print-side commissioned you, and conversely, you're also not being compensated for your work that appears online when the online-side commissioned you. Yet, advertisers must pay if they wish to appear online and in the print editions, seperately.

There's a great deal wrong with both versions, and we'll go in an dissect each section.


 
Up Next: Conde Nast/CondeNet Contract: Recitals and Term 1

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Technical note: Since I don't want to bump every other post off the first few pages of the blog, I am posting this Introduction post with today's date, and I am posting the remaining comments, and conclusions with a date several weeks back - essentially so far back that you wouldn't be drilling in, page by page and see them. This allows for the other posts from previous days to remain on the front page. At some point, I will fix that and they all will be one after another. If you are getting this on RSS feed, my apologies since I know you will end up getting them all, despite the date adjustment.



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