Friday, January 2, 2009

Know What You're Signing Away

Yesterday I was traveling uptown and I spotted this bus. At first glance, it's just a plain DC Metrobus - the G8, in fact. It travels from Farragut North downtown all the way up to the eastern border of the city. All along, drivers to the rear of the bus are treated to an advertisement. In this case, it's an advertising campaign for a leukemia/lymphoma race to raise funds and awareness.

(Continued after the Jump)

A bit of research (here) shows that they probably spent about $500 to have this ad showcased around the city for four weeks, for one ad, and they have to do more than one, probably more like 20 to 40, which tanslates to $10k to $20k, for four weeks.

Do these photos below look like advertising photographs?They are. "But wait!" you say, did they sign model releases? You bet they did. The very fact that they are wearing the race number, or race-specific shirt means they signed this form (or one just like it), which includes, in part:
I also give permission to The Leukemia & Lymphoma Society, Inc. and its sponsors for the free use of my name, picture and voice in any broadcast, telecast, print account, or any other account in any medium of this Event (the “Personal Release”). I understand that this Personal Release is perpetual in time and that it encompasses, without limitation, any copyright or right of publicity or privacy that I may have in my name, picture and voice.
Now, I am not picking on this organization in specific, I am commenting on how these photos - seemingly generic event photos, become advertising images for an expensive advertising campaign.

Be very cognizant when you sign away all your rights because you think the photos are just photos of a foot-race or other generic event. Do I know one way or another if this photographer was paid at all; paid an event rate; or paid an advertising rate? I do not. But what I do know is that many many people sign away all rights to their images because they think "what are they going to do with them anyway? They don't have model releases..." and so on, and so forth. The above images are model released images, and will be used in not just advertising campaigns (take special note of the corporate logos at the bottom of the ad - Seagate, American Airlines, Nike) and also seen on their website here. These are the corporations that are benefiting from this positive visibility.

What do they get? From this cached file, we see, for a LOCAL sponsorship in New York:
Gold Sponsorship $10,000 +
•Your company logo will be silk screened on all the team racing singlets and jerseys for four seasons.

•Your company will be named Title Sponsor of the NYC Team In Training Team for four seasons (approximately 18 events in the Spring, Summer Fall, Winter including localevents. Each event has at least 3 major functions connected with them).

•Your company will be listed as a Title Sponsor one full year in our Team in Training Manual and local TNTwebsite.

•Your company will be spotlighted once a season for four seasons in our TNT monthly newsletters that aredistributed to all active participants.

•Your company banner will be displayed prominently at all Team In Training events (kick off parties, sendoff parties, local events etc.)

•Your company brochure will be placed in all team participants’ send off goodie bags for each season
That doesn't get you that national advertising placement like is shown on the ad. Those rates are probably closer to $100k.

Again, I applaud the organizers of these types of events for their ability to fund-raise, and to make a difference, but when you are offered $300 or $500 to be the photographer at one of these events, and you are required to sign an "all rights" or "work for hire" contract that they present to you, do not think for one minute that they won't use the photography for advertising and other commerial purposes, and further, realize they are allowed to make those images available to the corporate sponsors for the purposes of their own advertising.

In my case, several years back, I was called upon to photograph a foot race here in DC. I did it, with a limited rights package, and they kept coming back. When someone new came in, they tried the "you have to sign our contract" argument, and we parted ways for a few years. Then, after lackluster results, the organizers came back and I have again done their foot races with limited rights packages. I have done more than one foot race for more than one organizer over the years here, and we recognize the value of these images, and I want to encourage you to recognize it to, whether a foot race, or other event where you *think* the images have little value.

If you do, then think again.

Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

21 comments:

Gary Crabbe / Enlightened Images said...

I'm shocked at what you suggest; value based on use...? I thought the world has been screaming that value should be based on file size, and that unlimited commercial use of my images should be about, what? $5.00.
Good thing I've been repeating that "value based on use" mantra for the last 15 years.

Cheers for 2009.

Anonymous said...

As someone who battled Non-Hodgkins Lymphoma (large B cell diffused) and so far, have beaten it into remission and hopefully, it will never return, I have to question this example.

Yes, I agree with everything you have said and suggest. I do the same thing in my business.

However, life is complicated and it throws us some serious curve balls at times. This organization does some amazing work and a good part of their money goes to research.

I am alive because of a new medicine that came out of extensive research.

I have to balance that research and costs. If they had approached me to shoot this job, I would have shot it for free and made damn sure that my name/credit line was on every image.

I also wander if WMATA gives deals for advertising for non-profits.

I mean, look at the frickin Metro buses that are covered with ads for the zoo. The whole bus is a gigantic rolling billboard. The Natural Gas version of the Metro bus are the worst

Is the Smithsonian paying full rate to get people to go see the Pandas?

John, sometimes it is about balance and what you believe in. Just another point of view.

Not disagreeing with what you say. The release on events is often applied to baseball, football, hockey and hoops games. Read the back of your ticket.

John Harrington said...

I tried to be very clear - this is NOT about the organization, or any organization in specific, this is about recognizing what your photos can be used for when you think they're not "advertising type" images. I happened to see this on the bus the other day, and it came into my mind.

In the past, I have seen images of events for Hershey, and other corporations that were used in ads, but I don't have a visual illustration on hand, and I ran across this.

-- John

Anonymous said...

Thanks John.

@Anonymous - You missed the point about potential ad use by Seagate, American Airlines and Nike.

Anonymous said...

I did not miss the point. IF I shot a shoot for a Lymphoma group - USAGE would be restricted to that group with no third party usage.

I have never done blanket buy-outs. I would support the group, but that does not mean rolling over and handing a client a tube of KY.

Anonymous said...

It doesn't matter what your point is, John. Picking the Leukemia Society Team and Training as an example is a ridiculous way to make your point. If you can actually find an organization that isn't raising money for CANCER or some other worthy cause, to show photos are being used egregiously then by all means make your point.

I am deeply OFFENDED by your use of this organization as an example. Frankly, it's pathetic. I've personally run and raised money for Team in Training and I am honored to be an alum and would gladly have them use my image if it meant raising more money to fight cancer. My sister just had surgery for Thyroid cancer and my mother is going on Tuesday for a biopsy. I have a doctors appointment in two weeks to find out if I'm at risk. My grandfather died of pancreatic cancer. My two aunts successfully battled breast cancer. My friend's Mom died of ovarian cancer. My other friend's mom just died of pancreatic cancer. My grandmother's friend is currently suffering from pancreatic cancer. Shall I go on?

Perhaps cancer hasn't touched you yet. When it does you may understand why I am so appalled and offended by your example.

John Harrington said...

Anonymous -

It's unfortunate that you're offended. Cancer has taken its toll on my family with losses I am not discussing here. You are allowing your personal experiences to impact your business decisions, and while that is certainly your prerogative - the old adage "it's not personal, it's just business", applies.

Actually, it DOES matter what my point is, and in this case, you've chosen to ignore it. I was clear in my post, and attempted further clarification in my comment above that you've chosen to ignore.

When I run across a non-controversial example I'll be sure to put it up too.

-- John

John Harrington said...

Oh, and one more thing:

The title of this post is "Know What you're signing away". Further, in the post - "Be very cognizant when you sign away all your rights", then I write "Again, I applaud the organizers of these types of events for their ability to fund-raise, and to make a difference,", and I wrap it up with "we recognize the value of these images, and I want to encourage you to recognize it to, whether a foot race, or other event where you *think* the images have little value.If you do, then think again."

The thread throughout is to RECOGNIZE the value of your work and what you are giving away. The problem is, people do not RECOGNIZE that value and then just give it away.

For you, while you may not have RECOGNIZED the value of what you would be willing to give it away, it didn't matter to you, for obvious personal reasons.

While many, even after RECOGNIZING the value of what they are giving away, in this case, would still gladly do so, when they get asked to photograph some other non-life-threatening-search-for-a-cure-effort, and instead are asked to photograph a music festival for the organizers, or some other event, they RECOGNITION they got from this post will give them a clearer understanding of why the organizers are insisting on work-for-hire, and since there is no search-for-a-cure beneficiary for the event, they might think about all the for-profit-commercial-corporations that will use their work if they sign a work-for-hire/all-rights deal.

-- John

Mike said...

You guys are totally missing the point.
It's not about the charitable foundation and nowhere is John accusing them of using images improperly or "leaking" them to third parties. It's not about $$$ticking it to the foundation.

It's about being aware of what's in the contract. Do they have work for hire written into it? Do they have a rights grab, giving their sponsors free unlimited use of the images in their advertising? Are you going to sign your name on those agreements thus giving away your opportunity to ever draw another dime from those images in the future figuring the images aren't worth much for some reason, yet at the same time kicking yourself in the butt because a sponsor is using one of your images for a million dollar ad campaign and you gave it away?

There's nothing wrong with getting paid to help a charity either. They have corporate sponsorships to help cover the promotion and production costs because I guarantee you their staff, signs, support vehicles, infrastructure, permits and venues are not free. The money is there for you to get paid to provide the highest level of service you can. No need to donate your services, your fees are a drop in the bucket compared to everything else they have to pay for. If you want to help the cause, you can always get paid market rate for your work and present them with a check.

Anonymous said...

" If you want to help the cause, you can always get paid market rate for your work and present them with a check."

That sums it up.

The above paragraph says it all.


John, a bad choice as an an example. Cancer is too close to too many of us. Being in remission myself, I know how it touches a very strong nerve. Personally, I think you should have chosen another example.

However, you are on target and the message from you and the writer above is loud and clear.

Anonymous said...

I think the alternative illustration of this post is brilliant.
Namely that given any level of personal sympathies on behalf of the image providers towards a given project, our business is subjected to varying standards of pricing. I would say to those who take issue with John's chosen client target I hope that you all realize that the altruistic justifications for discounted or charitable contributions in the form of photography happen non stop across the spectrum. The rationale for giving is very, very passionate and nobel, however altruism doesn't pay the bills. The PR firm that does this ad work for these heartfelt charity events probably doesn't donate or discount their time, why should other contributing professionals? If your an amateur, just give it away then the client knows what they paid for. The danger, If it's discounted, is that it's highly likely the price will remain at that point probably forever or will now be subjected to further REDUCTION based on someone doing it before for that discounted amount.SRE

Photography Download said...
This comment has been removed by a blog administrator.
John Harrington said...

(note - the comment deleted above was not germane to this discussion, it was a spam posting that promoted the infringement of copyrights held by dozens of photographers, and was where the 1/3/06 blog post I wrote originated from.)

- John

MaBa said...

I think that I'm going to take this in count when I got my first Job as Photographer and not be cheated on the future... Thanks For The Advice

Darrell N. said...

I was asked to photograph a similar type of event for a different charity last summer. I happened to know the organizers. As a result, I know that for that event, as for similar events, organizers and paid staff get paid market rates for their services. It's only the photographer, and a few other low-level contractors and service providers, who are expected to work for free or at work-for-hire prices "for the good of the cause" or "because it's a charity." Of course, these events rely upon the worthy and willing sacrifices of volunteers and the participants, but keep in mind that large events are heavily dependent upon paid professional staff and organizers as well as volunteers.

If you want to support a charity by donating your professional talent, go ahead, but do it knowing what you're doing, why you're doing it and what you're getting yourself into. I'd suggest at least negotiating a reasonable charitable donation receipt, if for no other reason than to let the organizers understand the value of what you're giving them and what you've given up to support them.

In particular, it bears repeating to make sure you know what you're getting yourself into with these kinds of events. The following "fine print" in the photographer's contract is fairly typical, I've found:

GRANT OF USE
A. PHOTOGRAPHER grants and assigns to XXXX, for the benefit of XXXX, Inc. and YYYY’s affiliates, licensees, distributors, retailers, subsidiaries, agents, assigns, and any use, the Photographic Materials throughout the world, including the rights to reproduce, publish, distribute, publicly display, modify and prepare derivative works, in any manner or media now known or later developed, for the marketing and sales of YYYY products and for other business purposes.
B. PHOTOGRAPHER grants and assigns to XXXX the right to affix a copyright notice in YYYY’s name to any results and proceeds produced from, or based upon, the Photographic Materials and to register such results and proceeds in YYYY’s name with the International Copyrights Office.
C. PHOTOGRAPHER waives any right to inspect, select, or approve XXXX’s or YYYY’s use of the Photographic Materials. PHOTOGRAPHER releases, discharges, and holds harmless XXXX or YYYY, from any liability for blurring, distortions, alterations, optical illusions or composites, whether intentional or otherwise, of the Photographic Materials.
C. PHOTOGRAPHER agrees that he/she will not use, or cause or allow any third party to use, the Photographic Materials in any manner;
D. PHOTOGRAPHER shall not license, sell or otherwise transfer the Photographic Materials to any third party.

(I didn't agree to the assignment, by the way.)

Anonymous said...

Gosh!

I'm DEEPLY offended that people working for ANY social organization are paid professional salaries.

:/

Anonymous said...

Oh my,

John's forum is full of drama.

The points made are good on both sides.

John pointed out something that many may not have been aware of, the extended usage of images that were given away, or if an assignment, not all rights were retained.

Virginia photographer said...

Years ago I did a rush shoot for a design firm for WWC 5k marathon or something similar. I was use to working without an agreement since I was a newspaper guy and JH hadn't beaten some sense into me yet. A year or two later when the images where still in use to advertise the training I was summarily brushed off by the client ( a hard lesson) I would have been glad to have worked things out but the rudeness was a hard pill to swallow. 10 years later those images were as usual everywhere in Subway stores to 7-11's around WDC. You try not to care and be sore since it's a good cause but - GET A SIGNED AGREEMENT! and then have goodwill- it makes good sense.

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Anonymous said...

^^ nice blog!! ^@^

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Anonymous said...

^^ nice blog!! thanks a lot! ^^

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