Thursday, July 14, 2011

The State of the Stock Industry

The stock photography industry is in free fall, and the floor seems to be porous, whereby free isn't even the bottom. While photographers who control their rates using services such as PhotoShelter, with pricing models powered by the baseline of fotoQuote, are able to better withstand the demand for lower rates, by simply saying "no" when unreasonable offers are made, those who are at the whim of pricing models set by a conglomerate, are suffering.

It would be smart for organizations, like Getty, Corbis, and others who have the marketshare to allow photographers to use their services more as a portal, or conduit, while permitting those who use the portal to set the rates. A transaction fee similar to that paid to credit card companies who process transactions (2-4%) would suffice.

Betsy Reid has done a remarkable job of analyzing the state of the market, over at the Brittish Journal of Photography, here, and I highly recommend it for a thoughtful read!


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Tuesday, July 12, 2011

STOP Using Freelancers!

Once upon a time, news organizations had robust photo staffs that could cover the news of the day. These staffers were paid well, provided with gear, a retirement, and in turn, were loyal, and ethical, in their work. They also feared being fired for doing something wrong and so, in large part, they didn't. A staffer making $45k a year costs the organization, when all is included, between $250 and $300 a day. The AP, for example, when they pay a staffer $65k a year, and then adding in all their expenses ( office space, computers, cameras, car/mileage, 401k, health insurance, etc) comes to about $320 - $500 or so. It's no wonder they haven't replaced many staffers and are using freelancers when they cost only $200, and they get all the same rights from freelancers, as employees!

Staffers, of course, should do everything they can to discourage management from using freelancers, because, from a cost standpoint alone, the rise of the freelancer equates to the demise of the staffer - it's not like there's less news these days!

I understand that, from time to time, when there's a big news story in a region, temporary needs for freelancers arise. However, when an organization uses multiple freelancers daily, guess what? It's time to staff up! Heck, even union agreements (wherever they still exist) place limits on the frequency of freelance use for the very reason to protect staff positions.

Of course, news organizations, and the AP is just the most recent example, are suffering under the ethically challenged freelancers. Poynter did a good job of reporting on this here, and PDNPulse reported - Another Photo Manipulation Case Raises Question: Is the Penalty High Enough?, and PDN also reported on a Getty freelancer here - Photographer Cut by Getty for Altered Golf Photo Offers Explanation , and the BBC even reported about a freelancer for Reuters (here) who did the same thing.

Yes, there are organizations that need a photographer once a month or twice a year, and freelancers are good for that. Freelancers fit the bill in many instances. However, sending an ethically sound photographer on a plane trip to ensure the images are legitimate serves the long term best interests of news gathering organizations. Hoping you get good sound images from a freelancer you found from an internet search, or a friend of a friend of a friend, is no way to sustain the reputation of your news organization. I know budgets are tight, but with your organizations' reputation on the line as every freelance image moves over the wire, is it worth it?

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Objections to ProtectIP Act - Silly Rabbit, Tricks are for Kids!

Oh, those law professors, living in their ivory towers and thinking their reality is the real world. Like Neo, their reality is so far removed from the real world that they know not of which they speak!

Engadget is reporting (here) that 100 or so lawyers have written members of Congress, as Engadget writes "under the bill being advocated for by the RIAA the MPAA, a judge can issue a temporary restraining order that will essentially shutdown a site based only on evidence presented by the government. " And, as such, the lawyers believe that when a site is shut down, even temporarily, it restricts free speech.

Au contrare. It restricts people from profiting from the theft of intellectual property of another.

There are many examples of property being restricted when its use is related to an alleged crime. Take the, ahem, John, who gets busted allegedly soliciting prostitution - in many jurisdictions, the punishment begins with the impounding of his car. It doesn't matter that he had other personal property in the car, the car and it's contents are impounded.

When a house gets raided, say, looking for drugs, things can get damaged, or impounded, during the course of that investigation, and, in some cases, the house may be sealed for a period of time.

Or, take the white collar (alleged) criminal, who may have committed a crime online, or have used his computer(s) to commit the crime. When the government raids his home, they impound his computer to look for evidence, and that evidence isn't often returned until after the trial, yet the accused loses the ability to use the computer, and likely access to all the other documents on it. What if the accused was a small business owner who has Quickbooks on it and couldn't run the business without it?

Of course, Google is opposed to it, because it could be used to shut down, or limit, vast swaths of Google, who, oh, that's right - sells advertising alongside everything, including illegal stuff.


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Saturday, June 25, 2011

Rights of the Public and the Press - Court Rules For Photogs

I've spent my fair share of time on movie sets. Sometimes, I was the unit photographer, and in other instances, I was tasked with covering the news going on in the community. One of my early assignments had me covering Tom Cruise one Halloween in Georgetown, a tony part of Washington DC, when he was filming a scene for A Few Good Men. Then, myself and a colleague were met with blankets and scrims tossed up in-front of us as Cruise moved about the street, causing us to have to head to a second story window amidst an ongoing Halloween party and some kind revelers who let us "hang out" and make images above the scrims.

On June 24th, Photo District News reported 'Judge Orders Ft. Lauderdale to Allow Photos Near Movie Set' which followed up on their original article 'Ft. Lauderdale Photo Ban: Bought and Paid for by Hollywood?' where photographers were literally banned from places that the general public was allowed to walk freely upon.

The press enjoys not only the full rights and privileges of the general public, but also an expanded right as guaranteed by the first amendment. Thankfully, a judge found on behalf of the press in this emergency ruling. If only I had known about things like emergency rulings way back then, my images of Tom Cruise might be that might better.

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Sunday, June 19, 2011

Court Rules Photo Credit Removal a DMCA Violation

Many photographers try to make the lame assertion that they don't care about money, just seeing their work being used, or a photo credit, is all they care about. Well, for those lame-o's, and the rest of us who actually earn a living making pictures, there is now money to be gained when someone removes your photo credit.

As reported by the Copyright Litigation Blog (here), the employees of subjects in a photograph infringed on the photographers rights when scanning the magazine that resulted from the a photo assignment and posting the image online.

While the joke may well still be "will work for photo credit", the reality is "photo credits can work for you."

Yet, friends, one more reason you should be registering your work. Lame-o or not, this is business folks. Business.

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Thursday, June 16, 2011

VIDEO: How To Establish Assignment Rates for Photographers

A few weeks ago, PhotoShelter was promoting their "Starting a Photography Business" guide, and asked me to say a few words on how to establish fair and reasonable rates for assignments being done. Here's a video of that interview, which they originally posted on their blog, here.



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Friday, June 10, 2011

VIDEO: Typical Business Mistakes Made By Photographers

The good folks over at PhotoShelter interviewed me for a piece they called - "The Typical Business Mistakes Made By Photographers " and posted the video below as a part of that. Enjoy the video!

Common Business Mistakes Made By Photographers: Interview with John Harrington from PhotoShelter.com on Vimeo.



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Thursday, June 9, 2011

STOLEN: Photographer's Rights of Iconic Image

As a youth in the 80's, the Run DMC and Jam-Master Jay were all the rage. The beginning of mainsteam rap that ushered in all the rest.

Photo District News reported here on the news that the photographer has won his lawsuit against an infringer who made all manner of reproductions.

Carolyn Wright, over at PhotoAttorney.com provided some insights worth reading as well, here.

In short, protect your rights. Register your work. You never know when your work will be stolen, and having done the leg work necessary to protect yourself will give you all the tools necessary to protect your rights to the fullest extent of the law.

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Wednesday, May 25, 2011

TwitPic - As Expected! Selling YOUR Photos

It comes as little surprise that TwitPic announced they are now licensing images that photographers transmit over the TwitPic service. They, of course, have the right to do so, and we stand by the position we first put forth when we wrote about it last year (Morel v. AFP, AFP v. Morel - Which Way Blows the Wind?, 10/5/2010).

The model continues - 'offer a free service, or a limited one, build up a critical mass of users, change (or enforce existing) terms, and then aggregate the users' content for profit and gain.'

The New York Times reported here, and Photo District News wrote both 'Time to Quit Using TwitPic?' (5/23/11) and 'Twitpic: Laundering Images of Owners’ Rights' (5/24/11) about the realities of how the "free" model is affecting your intellectual property.

South Park has a hilarious show on the issue whereby no one actually reads terms of service here, as always, taking the issue to it's absurd endgame.

This just underscores the reality that there really is NOTHING that is free. While something may appear free, you are always giving something up when you accept something for free. Time, privacy, or, in this case, your rights.

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Monday, May 23, 2011

PicScout Acquired by Getty Images

Getty Images has made an interesting acquisition in buying the PicScout image recognition service a few weeks ago, and frankly, it's a smart move. Getty Images, with millions of images, and a dwindling per image revenue stream, must find alternative revenue streams, and focusing on infringements is wise.

In 2007, when Getty was publicly traded, and had to do things like conference calls with investors, Getty CEO Jonathan Klein said "the way we see the world today quite simply, is that our core stock photography business has stopped growing, in fact, it's declining. Our number 1 priority is to stabilize that business...we're trying to stablize the core stock business, at the same time, trying continuing to grow the other businesses." (PBN - GYI's JDK: "our core stock photography business has stopped growing, in fact, it's declining.", 9/20/07). So, the new business seems to be pursuing infringements?

Also back in September of 2007, the Stock Artists Alliance released a white paper - “Infringements of Stock Images and Lost Revenues.”, that they did with....wait for it....Pic Scout, revealed some interesting figures. We wrote (God Save the Alliance, 9/07), "SAA’s study found that 9 out of 10 images they found were infringements upon RM images. That’s a lot of infringements! What’s worse, because of the low-dollar-per-image issue, it seems that tracking infringements of RF isn’t cost effective, giving infringers essentially a “license” to infringe." We also cited from the report back in 2007 "According to Selling Stock’s recent count, there are just over 1 million RM images on gettyimages.com. If we apply the 1:15 annual infringement rate observed in our study, we arrive at an estimate of approximately 67,000 infringements in a one –year period."

PicScout certainly is the industry leader when it comes to image recognition. They also are the provider of image recognition services to the PLUS Coalition's PLUS Registry, which positions not just PicScout, but also Getty Images, to lead the industry in the long term.

Frankly, all photographers would benefit from Getty being on top of their rights management, and the pursuit of infringers. The more infringers are pursued, the more they will think twice infringing, whether it's a Getty image, or that of a freelancer.

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