One Gannett Photographers take on the US Presswire Acquisition

The Gannett (NYSE: GCI) acquisition is sure to have an adverse impact on Gannett staff photographers. To be expected will be a reduction in the Gannett organization sending it's staff photographers to games when there are 2-3 photographers already there shooting the event for a fraction of the cost they previously had for a freelancer, let alone a staffer.

One well known sports photographer (non-Gannett) sent along the following figures from the Maryland State Personnel Management System for direct an indirect costs for a $49k salaried employees, which is as follows:

EMPLOYER'S COST OF BENEFITS FOR A TYPICAL STATE EMPLOYEE IN THE STATE PERSONNEL MANAGEMENT SYSTEM (Maryland Fiscal Year 2010) (see page 18, here)

Salary* $49,019

DIRECT COSTS

Social Security $3,979
Health Insurance** $8,528
Pension Retirement $4,541
Deferred Compensation Match $0
Workers Compensation $667
Unemployment Insurance $52
-SUBTOTAL DIRECT COSTS $17,767

INDIRECT COSTS

Personal Leave $1,197
Holiday $2,394
Annual Leave $2,993
Sick Leave $998
-SUBTOTAL INDIRECT COSTS $7,582

TOTAL COST OF BENEFITS $25,349

TOTAL COST OF SALARY & BENEFITS: $74,368

This assumes that a Gannett photographer earns $49k, and I believe their number to be significantly higher. Yet, let's consider this as a solid example on the low-side. This does not, of course, include the costs for transportation, photo equipment, and a laptop. You can reasonably expect that figure to add $6k a year, minimum, to the indirect cost of a staff photographer. So, with a salary of $49, added direct and indirect costs of $25k, and the estimated additional $6k gear allowance, you're looking at $80k a year to carry one staff photographer. Not to mention travel assignments where air/hotel/car rental/meals/etc are an added cost. Why pay an annualized cost when you need only pay the sports photographers on the days you need them, and they're local? As such, Gannett photographers who have spent most of their days covering sports should consider their days numbered, and they have much to be concerned about.

We heard from one photographer, who shared his concern as a comment on the original story we broke. He wrote:

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I'm a photographer at a Gannett paper who was instructed not to talk about the Presswire deal. We are as uncertain of the future and what this deal means as the US Presswire photographers probably are.

Does this mean Gannett will stop using AP & Getty and rely exclusively on Presswire for wire sports? And use it to renegotiate lower rates? Does it mean Gannett papers will no longer contribute sports photos to the AP wire and now market them through Presswire, competing with the Presswire photographers?

Are Gannett's motives even darker? Does it mean that Gannett papers will no longer staff NFL/MLB/NHL/NBA and the like instead relying on Presswire?

Let's face it, it's a lot cheaper to send one or two US Presswire photographers to a NFL game for a flat $100 each than two staffers who in addition to their salaries get health insurance, expenses and mileage etc. By the time you stretch the math out you could probably send three Presswire people for what one staffer would cost.

Gannett's motive could be even more nefarious. Once the Presswire deal is concluded, Gannett will have a large roster of reliable freelancers at its disposal. Will they start to use them to replace staffers. If they will take $100 to work a football game maybe they'll take $25 to do a community back to school assignment? Again, much cheaper than sending a staffer.

It's interesting that neither Gannett nor Presswire have made any announcements about this yet. Rumor has it that a number of Gannett people are traveling to Virginia next week to hear about the deal and what it means. I guess we'll have to wait till then to find out what's in store. "

This staffer has made a number of astute observations, and is rightly concerned. This will have an adverse impact on every staff photographer, including those at the other wire services. With Gannett no longer needing AP/Getty for the sports package, there will be fewer photographers assigned to those games, and Reuters/AFP will also possibly see a similar impact.

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The ACLU and Photographers Rights

The American Civil Liberties Union has come out with a remarkable - and timely - resource in their piece "You Have Every Right to Photograph That Cop" (ACLU website - 9/7/11). Ten years ago tomorrow, my ability to cover the attack at the Pentagon was cut short by an overzealous FBI agent despite my having been in the same location for over 5 hours and behind a fence line. That had not been my first experience with overzealous police or federal authorities - in this case one who refused to provide his name and only flashed his badge - and it also has not been my last.

At right is a Supreme Court police officer approaching me to admonish me that cannot be where I am - the public front steps of the US Supreme Court - to take photographs - this, before 9/11, as if that's actually a valid excuse. It is not.

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Countless times I have been directed (or watched others directed) by overzealous authorities with a badge (and sometimes a gun) to leave an area because we were press, while the general public was allowed to wander aimlessly in the area - or even shoot pictures with a point-and-shoot - and threatened with arrest if the directions were not heeded. This is, and has always been, unacceptable. Yet, I take high offense when the blanket excuse is "...you can't do that/be here because of national security..." .

The ACLU cites law enforcement programs that "suggest that photography is a 'precursor behavior' to terrorism, and direct the police to react accordingly." So is driving a car to your intended destination to commit terrorism, and feeding yourself during the process. Ludicrous, I know. Yet, it's the comparable. Further, anyone who really wants to take a photo can do so surreptitiously.

As someone who has worn a press credential for over 20 years, and who served two terms as the President of the White House News Photographers Association, I have seen too many egregious encroachments on the tenets of the First Amendment, and it's nice to see the ACLU taking a stand on this issue.

Be sure to read, print, and carry a copy of the ACLU's "Know Your Rights: Photographers" guide to "Taking photographs of things that are plainly visible from public spaces is a constitutional right – and that includes federal buildings, transportation facilities, and police and other government officials carrying out their duties."

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Gannett Acquires US Presswire

According to sources familiar with the deal, US Presswire has been acquired by Gannett (NYSE: GCI). In a conference call last night amongst contributors and US Presswire management, the details of their new deal were discussed.

Among the details, US Presswire photographers, who previously shot on spec and had to cover all their own expenses, now would be compensated, albeit at a nominal amount. According to sources, US Presswire's Bob Rosato, who is set to stay on as the Chief Operating Officer of US Presswire under the new Gannett deal, told photographers that now, with an "assignment fee" of $100, which must include all expenses, that all the photographers are getting their expenses paid. This lead to some grumbling amongst conference call participants who concluded that some photographers have been getting expenses paid, while others have not. Under the terms of the deal, the $100 assignment fee will apply for the first year, with $125 being the assignment fee paid in the second year.

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Further details of how revenues would be divided came to light during the conference call. Images that were previously a part of a subscription arrangement, similar to the one that USA Today was paying $600 for, which ultimately became a $1000 a month deal when they added USAToday.com and Sports Weekly, for with an "all you can eat" stream of images, would not earn those on assignment any additional fees, whereas it previously did, albeit at a nominal $5 or so per image, according to one source who's often been paid these amounts. Further, if USPW has a photographer on assignment at a game, and another USPW photographer requests a credential to cover the game, any images that the requesting "not on assignment" photographer submits will not generate any income from the subscription feeds, however any a la carte sales would remain paid at regular rates.

There are no planned departures, with all senior management reportedly staying on. A new contract that all contributors will be required to sign is in the works, and the timetable for the formal takeover, while happening soon, has not been announced with an exact date.

With Gannett re-launching their Sports Network brand (as noted here), it seems this is among the faster ways that Gannett can get a network of photographers rapidly, although it remains unknown if all of the USPW content will be used without charge within the Gannett family of properties (USA Today, USAToday.com, Sports Weekly, all of the Gannett newspapers, etc) or will there be some compensation.

Rumors abounded several years ago that Getty Images, seeing US Presswire as a thorn in their side more than a valuable property to acquire, offered an excessive amount of money to USPW owners - in the realm of $4m - $5m - which they turned down. Rosato, staying on as the COO, also is reported to have resigned his position as a photographer with Sports Illustrated, supposedly because of conflict of interest concerns if he were to stay on.

Photo Business News has written several articles about USPW in the past, and taken a critical look at how photographers have frequently gotten poor deals and the short end of the stick. With this new deal, management will likely have little room to offer as an excuse that they don't have any money to pay photographers, as they have in the past.

We've made outreach to Gannett throughout the day, and the response we received, was no comment.

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Related:


US Presswire "Steps In It" With MLB and Getty Images


US Presswire - Introduction
US Presswire - A Conflict of Interest
US Presswire - Friends Don't Screw Friends
US Presswire - Contract Analysis
US Presswire - The Client's Perspective
US Presswire - The Freelancers Perspective
US Presswire - Closing Thoughts

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9/11: Looking Back

On September 11, 2001, I found myself outside of the Pentagon, on assignment. A few months ago, the Smithsonian asked if I would donate those images to the museum's collection, and I was honored to make the donation. As it turns out, they were doing a special on 9/11 for the Smithsonian Channel, and asked if I would sit down to discuss some of those images.

Their special begins showing this coming week, with previews online now. A segment and some of the images that were donated appears in the section on the show's main page, under "Donating the Pieces", which can be seen by clicking here.

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A Call-Out to Photography School Professors and Deans

If you are a professor at a photography school, or a dean of a department at a photography school, and are either now using, or would like to use, Best Business Practices for Photographers, in your curriculum, please send me an email.

Thanks!

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Wedding Photographer Convicted On Breach of Contract

Greenville SC photographer Gerald Randolph Byrd was convicted of failing to deliver images to a wedding client - even though he had been paid - and recieved a sentence of 8 years in jail, suspended to two years of house arrest, according to WYFF television, as reported here.

Byrd charged $2,450 to a wedding couple, and was paid. Because his breach of contract included fraudulent intent, his sentence was so severe, it seems.

A word to the wise - when your client signs a contract, YOU have to live up to the terms of the contract too, and that includes delivering on what you promised you would.

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Business Skills For the Wedding Photographer

Absent from most workshop programs that teach photographers how to take better pictures, is how to earn a living once you are proficient with a camera. I submit that photographers that are mediocre in their talents and excellent in their business skills will succeed far and away better than the most talented photographer who hides under a rock when presented with the opportunity to learn more about being in business.
As such, I have been asked by the good folks at Momenta Workshops to talk about the business aspect of being a wedding photographer.

IN ONE WEEK - ALL DAY - MONDAY - AUGUST 8TH, WASHINGTON DC




About the Program
The wedding industry is readily expanding as photographers look for new markets and revenue streams. The photographers and studios that will last are the ones who build sustainable business practices into their growth models. Momenta believes in supporting photographers with professional training at all levels. We believe a stronger photographic community means success for everyone. Therefore, we are offering this one day, intensive business skills workshop to help you take your profitability and business practices to the next level.

Our panelists, speakers and lecturers will cover topics that will help each division of your services. From marketing to finance to client relations and products, we will discuss the many ways you can build your business to be more profitable and successful.

Along with the handout materials and lectures, we are providing all pre-registered participants with a copy of John Harrington's Best Business Practices for Photographers. John Harrington is a national asset to photographers who offers professional, tested advice on how to make the best financial decisions to grow your business successfully. His book has been considered the "Bible of Freelance Photography" for many photojournalists and studios since it's first publication.

Hit the jump for the program, or go HERE to register and learn more!

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Here's the program:

9:15 a.m. | Keynote Speaker Address. Maryland based Amy Deputy will discuss finding your bliss in your career. Amy will share her story of growth from a wedding freelancer into one of American PHOTO’s Top 10 Wedding Photographers. Her discussion, punctuated with her award winning portfolio images, will focus on the successes, mistakes and major learning lessons of her career. Amy will guide attending photographers through her very unique journey to finding the right price point for her services and how she found the right clients for personal vision. Following her presentation, Amy will open the floor up for Q&A.

1 p.m. | John Harrington’s Best Business Practices for Photographers. Grab a seat and get ready for four of the most fascinating hours of your career. John’s usual one-hour lectures just scratch the surface of his vast level of expertise in growing a business. Having and reading John’s book is just the beginning for understanding the best way to become a professional and make your more business profitable. Seeing John in action ties it all together!

Throughout the afternoon, John will be walking you through the many steps you will need to succeed in today’s economy using all the tools available to you. Whether you are a seasoned professional or a brand new start up, we are confident you will learn an enormous amount from John’s workshop. Through interactive presentations, actual client phone call recording and practical examples, John will cover the following topics and more in his afternoon address: pricing your services for sustainable income; how to create a portfolio worthy of client presentation; finding clients in a bad economy; how to get clients who won’t fight your pricing; client negotiations and tactics for success; planning for taxes and accounting practices to save you time and money; professional gear for professional people; how to use your leadership skills, social networking, marketing and peer groups for your business’ future growth.

....and we wrap up at 5.

Register HERE!

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Copyright, Copyright, Copyright

We here at Photo Business News encourage people to recognize the value of their copyright. These days, more and more people are crying that copyright shouldn't exist, or that people should be free to mash-up your work without your permission. In other words - once you put your work out for public consumption, the public owns it and can do what they want with it.

Uh, no.

Going into court is a painful process. It's always easier for both parties to come to a settlement, and not have to wade into the morass of Federal court. Unfortunately, though, thieves, often empowered by a belief that they can outspend and wait-out an artist whose work they stole, will fight until the bitter end. Then, you have judges, who can understand, say, Disney's claims of lost income when they are infringed, but consider a photographer who had his work infringed as getting some sort of windfall they otherwise wouldn't have received or certainly aren't entitled to, when some Fortune 500 company steals or misuses their work, and, as such, gives them some minuscule award of damages.

Yet, the fight must go on. It is, simply, a fight for what is right. Sometimes, fighting for what is right isn't easy.

Back in April of this year, Photo Attorney Carolyn Wright began a "Diary" of a copyright infringement, that's worth having a read - if for no other reason than to see the minutia that is involved.

So, I commend you to read the series.

- Diary of a Copyright Infringement Lawsuit – 1

- Diary of a Copyright Infringement Lawsuit – 2

- Diary of a Copyright Infringement Lawsuit – 2a

- Diary of a Copyright Infringement Lawsuit – 3

- Diary of a Copyright Infringement Lawsuit – 4


One of the most important things about a copyright infringement that you're dealing with, is to be very careful about how and when you might contact the infringer, and what you might say.

Whatever you write in your emails will become a part of the evidence against you, if, for example, you demand $500 and then later, after learning more about the breadth of the infringement, you demand $50,000, your $500 email will cost you.

Most attorneys will talk to you for 5-15 minutes about your case, generally, before beginning to charge you. Most will give you general information, listen to the specifics of your case, and talk about possibilities and probabilities. At the point that they formally start giving you "advice" is when they'll start charging you. Understand, though, they are also trying to decide if they will take you on as a client.

Most importantly, make sure the lawyer you contact knows copyright. Disastrous mistakes get made when you hire a lawyer who isn't specialized in copyright.

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NPPA Workshops - The Business of Photography

Not only do we all know a colleague in our photographic community who could use some business counsel, but a refresher and new perspective on the business of photography could benefit you as well. To that end, the NPPA has put together an amazing day of workshops - the NPPA Business Blitz, which kicked of at the beginning of June in the DC area, and is now traveling the country.

How much? $10 ALL DAY (NPPA members) and $20 (non-NPPA members)

So, encourage your friends to go (send them a link to this) and let's get people focused on the business of being a photographer!

• Register for Denver, August 8th - here
• Register for St. Louis, September 29 - here
• Register for San Jose, October 7 - here
• Register for St. Petersburg, November 10 - here

Here's what was done in DC (each city varies a little):

9am - 10am - Keynote - Keynote: John Harrington- A Strategic Roadmap to Success: Avoiding Pitfalls and a Survey of Today's Landscape

Breakout sessions were offered throughout the day. Each of the following was offered in three time slots:

• John Harrington: Real Business, Real Estimates, Real Life: Surviving and Thriving as a Working Professional
• Allen Murabayashi: SEO and the Web
• Chip Litherland: How I Learned From My Mistakes to Build a Successful Freelance Business
• Garrett Hubbard: Shooting, Editing, and Maximizing Profitability for Video Storytelling
• Craig Mitchelldyer: Lighting Session - Making Your Work Stand Out from the Crowd

6:30 pm - 7:30 pm - Keynote: Allen Murabayashi; Put More Business in Your Photo Business

Joining the program in Denver will be Ellen Jaskol, who not only has won 2 Pulitzer Prizes, but spent 17 at the Rocky Mountain News in Denver, and before that was at the Los Angeles Times. Since 2009 she's been the main photographer for the new magazine, Colorado View.

Also joining the program in Denver will be Matt Slaby, a photographer and founding member of LUCEO Images based in Denver.

Sponsored by the good people of Nikon and great thanks to the Nikon Professional Services team, as well as the geniuses behind Photoshelter.

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VIDEO: The Space Shuttle Legend You (Likely) Never Knew

Scott Andrews has been covering the NASA Shuttle since before it first launched. Photo Business News previously reported about Schoot in the run up to the he 2011 inauguration (here - Scott Andrews, Remote Cameras, and the Inauguration (1/17/09). When it came time to take a unique look at the last shuttle launch, Washington Times decided to take a look at Scott's coverage of the shuttle. Scott first worked for Nikon Professional Services, and currently works for Canon Professional Services, however he has always helped out all "brands" of photographers whenever he's been asked.

The Washington Times video is in two parts (Part 1 and Part 2) - check them both out!

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