"Skip the expensive photo shoot..." - What the #%^@ !

This section of a newsletter (at right) landed in my inbox lat night - 8/24 at 5:00:26 PM EDT because I am a past Modern Postcard client, and then at 9:23:16 PM EDT, my inbox gets the following below:



One of the sentences in it is:

we stated to "skip the expensive photo shoot" by using iStockphoto instead. We sincerely apologize as this miscommunicates our intentions and our feelings about professional photography...The two co-founders of Modern Postcard started their careers as photographers and are intensely loyal to the photography profession.

Sorry - someone "intensely loyal" wouldn't do that. Maybe someone "loyal" by accident, but intense? No.

(Continued after the Jump)

They go on to stand by the statement with the excuse:

The target audience of this service is small / home office businesses on a limited budget that have never been able to afford quality photography and therefore have never used it.

No, your "target" audience was the revenue that your photographer "friends" earn serving these businesses, and I got one, so the e-mail blast certainly wasn't targeted at all. Further, I have, in the last six months, done assignments that were portraits of home office business owners and other small businesses, and let me tell you, setting up a 9 foot seamless in someone's living room for a full length portrait isn't easy.

When you say:

We enjoy a strong relationship with the artistic community and will continue to do everything possible to help them promote their talent and grow their businesses.

you can start by firing the marketing person who allowed this nonsense to occur in the first place. This would fall into doing "everything possible." Your staff should be keenly aware of the landscape of it's clientele, and the challenges we face - and the problems with microstock are well publicized to be sure.

They invite comments, so send yours: customercare@modernpostcard.com.

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Getty Site - Site Down as Stock Is Down?

I happened to be headed to the Getty Images site at 8:14pm EST tonight, and found this: (click the graphic to see the screen grab full size (two screens long):

All the sites - United Kingdom - gettyimages.co.uk; Deutschland - gettyimages.de; España - web gettyimages.es; France - gettyimages.fr; Italia -gettyimages.it; Japan - gettyimages.co.jp; and, Brasil - gettyimages.pt, were listed, and the message included in their respective language:

The new gettyimages.com is temporarily unavailable as we are updating the site. Please visit us again -- we will be back online soon.

In the meantime, feel free to visit the previous version of our Editorial or Creative sites.

Thank you for your patience.

(Continued after the Jump)

Hmmm, it seems like a pretty bad time to have dumped the lead on your website, don't you think? I think I made that point in a previous post on the same subject. A read of the links that you are directed to are:

• {a href="http://legacyeditorial.gettyimages.com/ms_gins/source/home/home.aspx?pg=1"}Editorial{/a}
• {a href="http://creative.gettyimages.com/source/home/homecreative.aspx?country=usa"}Creative{/a}

(Note, the braces were used instead of the html formatting characters for formatting purposes here).

So, Getty is sending people to the "legacyeditorial" site? What gives? Note the blue "?" box -- that code is supposed to call:

• {img src="/spacer.gif" border="0" height="33" width="20" alt=""}

Heck, they can't even get a 'spacer.gif" graphic right! Really, what gives?

So, why was I headed to the Getty site? To look for the date of their next quarterly report. I thought it interesting to note that the last time I commented on their stock price, they were at $34.59, and it closed today at....drumroll please.....$31.13, or $3.46 down, exactly 20% down from 8/4, and today is....another drumroll.....8/24, or, 20 days. That's 20% down in 20 days, and that's not even 20 trading days! Heck, I guess I don't have to wait until the next quarterly report, at this rate, they'll be a penny-stock before you know it. Oh, wait, they already have "penny-stock" covered, it's called iStockphoto, with just pennies on the dollar going to the creative talent behind the images they proffer.

Shorters, start your engines!

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Update: When I checked back at 9:06, the site was back up.

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Throughout the Universe, In Perpetuity....Yuck!

Previously I wrote the introduction to Ed Greenbergs' missive (When Your Agent is Not Your Friend), which talked about the agency-photographer relationship, and was critical of organizations like Corbis.

ASMP wrote back in 2001, about the Conde Nast contract, in part:

" This contract gives Condé Nast the right to license virtually unlimited additional use, in both conventional and digital media, of the images that were purchased initially for editorial use in their magazines. Condé Nast also reserves the right to prevent the photographer or illustrator from licensing any commercial or advertising use of the image, even long after Condé Nast's license is no longer exclusive...With the impressive list of titles that Condé Nast publishes (Glamour, Mademoiselle, GQ, Gourmet, Vogue, Vanity Fair, Architectural Digest, The New Yorker, Traveler, House & Garden, Brides, Self, etc.),"

and so many photoragraphers were still signing up, with a contract that included the granting of rights to the assignment images "throughout the universe", and "in perpetuity". Imagine the gall! Yet, it clearly didn't offend a lot of people who were more than willing to sign off on such offensive contract language.

(Continued after the Jump)

So, what does Conde Nast pay? $350 a day for an assignment. The photographers I know who have signed this justify it by suggesting that it gets them other jobs and exposure, or that $350 plus the fact that you can bill for every little thing under the sun from camera rentals of your own equipment to each individual sand bag, to a cup of coffee, helps you to make it all up in the end. I don't think so, really. I find it absolutely insulting that I am told what I am to be paid regardless of my skill set, and then I must scramble around and bill for each and every C47, gel sheet, quarter-in-the-meter, cell phone call, and so forth.

Back in July, "Keri", over at the PDN forums wrote:

I photographed for a Conde Naste publication over 2 years ago, now they are recalling the film to run the story again. Shouldn't they pay a page rate fee again? or at least a research fee? When i asked on the phone they said they didn't pay anything.

And then, after two responses, wrote back on the thread:

After some research, i think i may not have any right to payments from out takes from my shoot due to the shady and tricky wording of the Conde Nast contract i signed. Aparently it is the worst contract for photographers out there. I guess i can just refuse to send the photos. It's a lesson out there for photographers to read their editorial contracts thoroughly.

Keri continues:

The problem is this, in the Conde Nast contract it has wording that essentially gives them first publication rights on all images made during the shoot indefinitely, so of course they are not going to run the same image but an out-take from the shoot.

and then, at last:

I even read somewhere how Conde Nast was trying to sell photo's as stock and not compensating the photographers. don't know if that really happened though.

Indeed, Keri. And thus, you are required to re-serve the client, at no additional charge to them, and a significant outlay of time and energy on your part. This point is worth re-stating. You don't get a research fee paid to you, nor anything else for your troubles when they recall an assignment. Nothing.

Enter Corbis. Today in my inbox lands this:


And the text reads:

Corbis now offers images from Conde Nast's Women's Wear Daily feed for news and editorial use. So when you need front row runway shots from the latest shows, red carpet portraits from today's top celebrities or luxury lifestyle images like these, you can count on the unmatched quality and access of Conde Nast.

Nice!

This is what happens when you sign a contract which grants them all rights "...throughout the unverse, in perpetuity...". And don't worry, if it's just Womens Wear Daily now, soon it'll be every other one in the stable of publications. WWD is probably just a soft launch to see who will complain - not that they have any standing to do so.

From a business standpoint, part of me wants to applaud Corbis for securing the rights to this archive. To them, it's like walking out your doorstep in the morning and finding a lottery ticket worth millions just staring you in the face. Yet, I am sure that the Corbis-Conde Nast negotiations were brutal, arguing over such things as percentage domestic, international, and, of course, the uses off-planet that the photographer has just given away. I can't wait to see the moonscape dotted with billboards using images from the Conde Nast library!

So, when that mousepad, poster, or limited edition signed print by the subject is out there being sold, because a deal was cut with those depicted, you, dear contract signer are left twiddling your thumbs, and, if you wanted one of these items, get in line to buy it, you're SOL otherwise.

Oh, and remember Apple Computer using the images for their "Think Different" campaign, of people like John Lennon, Albert Einstein, and others? Those types of uses will continue, with artists (or their estates), Corbis, and Conde Nast getting paid, but again, start twiddling your thumbs, you'll get zero. This alone should get you, dear reader, to start "thinking different" about signing this contract.

To the photographers who signed these deals, don't complain, you knew better. If you got a call from a Conde Nast publication, it was because you were good and talented, with experience. Atleast most of you were smart enough to know about the industry-wide criticism by ASMP, and others, about just how bad this contract was. You knew what you were getting yourself into, and giving away - dare I say, selling your soul?

If you're not complaining so be it, pretend that you never read the above, carry on, nothing to see here, move along. If you are, well, don't waste your breath, unless it's telling the Conde Nast family of publications that you won't work under terms like you have been now that you see they are relicensing (and recalling) your assignment work, to sell your work as stock, the next time they come a callin'.

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The Associated Press and Commercial Assignment Work

So, a colleague forwarded me a promotional e-mailing for commercial photography services, promoting a case study of their "83 locations one week" project for UPS. From the mailing:

Assignment: UPS 100th Anniversary Tour
For the Centennial Global Tour, UPS marketing agency The Spark needed photographs from around the globe for a traveling exhibit showcasing exceptional employees who embody UPS values.

With a one week deadline, The Spark and UPS turned to AP Images to capture the spirit of these celebrated individuals in over 80 UPS locations around the world.

Locations: 83 locations
Deadline: 1 week

Results: By utilizing our global network of photographers and AP bureaus, AP Images quickly assigned photographers in the designated locations. Each photographer was able to capture the employee at their UPS location and quickly transmit the photos. The assignment was completed on time and on budget.

The photographs are the centerpiece of the UPS Centennial Global Tour, which will travel to UPS locations around the world and will also be made accessible to the general public throughout 2007.

(Continued after the Jump)

It then goes on to talk about "AP Images", which is a division of the AP that not only has the library, but is not being aggressive in their outreach to produce commercial photography:

About AP Images
AP Images, a division of The Associated Press, is one of the world’s largest collections of historical and contemporary imagery. As an essential source of photographs and graphics for professional image buyers, AP Images strives to meet the needs of today’s global customer through superior image quality, selection and service. For more than a century, AP photographers have captured the greatest moments in history, news, sports and entertainment, receiving 30 Pulitzers and numerous other awards in honor of their contribution to the images that shape our world.

Below is the actual e-mailed graphics, which shows some of the assignments commissioned for the ad agency's client, UPS.


I can't image that they'd send out their $200 a day all rights all expenses included photographers to shoot these types of assignments, but who knows, maybe they did. If so, and if each commercial portrait assignment was priced appropriately (i.e. at the low end, $1,500 or so), that's one hell of a markup for the AP, and if they are paying their assigned photographers an appropriately negotiated assignment rate, and taking an appropriate comission and then further representing those images in their library for future licensing with a traditional photographer/agency split, then I think that's a good thing.

One concern I have, is it says "...By utilizing our global network of photographers and AP bureaus...", so, the AP bureaus, which are news bureaus, are now serving as commericial photography assignment offices? Are the AP staffers being used? Is this a violation of their guild/union agreement? How are they being additionally compensated if they are being used? Or, are the bureaus calling upon their stringers to do this work? Lastly, could these commercial endeavors risk any non-profit status that the AP enjoys?

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It Seems My Name Isn't So Unique

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Speedlinks 08/21/07

Today's Speedlinks.

• Top Ten Lies Told to Naive Photographers - "Well, the job isn't CANCELED, just delayed. Keep the account open and we'll continue in a month or two", and 9 more! (Plus insights/responses!


• This is Just Getting Stupid - Daryl Lang's Take on "Retouching" of Celebrities, over at PDNPulse


• Jimmy D's PrettyGirlShooter - This *NSFW* site has remarkably lit images of, what else? If you were the type of person who said 'I just read Playboy/Playgirl for the articles', this will make you say 'I just read PrettyGirlShooter for the amazingly well lit subjects and the breakdown of each shoot.'


• Michael Fischer's Cashflow Counsel - Michael Fischer's insights on why it's a bad idea to take student loan money (and loans in general) to be used to purchase expendable photo equipment.


• Sam Abell's Wisdom - NGS photographer Sam Abell has several wise words quoted here, well worth contemplating!

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Digital Railroad – All Aboard?

With Digital Railroad launching their Marketplace in beta 9 months or so ago, and entering v1.0 back in April, I thought I’d take a look at how they’re doing, based upon my own experiences, client experiences, and so on. I’ve broken down the piece into several pieces, as it’s rather lengthy.

Digital Railroad – All Aboard?
Digital Railroad’s Marketplace - Overview
Digital Railroad’s Marketplace - Getting the Word Out
Digital Railroad’s Marketplace - Client Experience
Digital Railroad’s Marketplace - Photographer Experience
Digital Railroad’s Marketplace - Summary

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Digital Railroad’s Marketplace - Overview

Back when DRR launched their Marketplace, I wrote about it on April 11th, 2007 (The Marketplace is now Open). I had previously uploaded a collection of my archives to them – all analog scans from my film days, as well as some of my more current digital imagery, Keyworded, properly captioned, and so forth. I did this prior to the Marketplace launch, and the images were not exclusive to them. For instance, you can find them as web galleries here on my site, which are search-engine-friendly, and, for example, some of my White House work from an assignment for National Geographic’s television channel as their unit photographer can be seen here on PhotoShelter. I didn’t know what to make of the Marketplace, beyond the standard hype that accompanies any corporate product launch. Will it succeed in general? Will it serve itself, or photographers? And, the proverbial “if you build it, will they {clients} come?" I don’t care how great an archive there is, if prospective clients can’t find you or your images, there’s no sale. So, how do freelancers feel about it? Are they making money? And, how do clients feel about it? Are they getting the imagery they need, and are they paying fairly for it?

Following are a few client and photographer experiences that should be insightful, as well as insights into how they’re getting the word out (on their photographer’s behalf), and my summary thoughts.

Digital Railroad – All Aboard?
Digital Railroad’s Marketplace - Overview
Digital Railroad’s Marketplace - Getting the Word Out
Digital Railroad’s Marketplace - Client Experience
Digital Railroad’s Marketplace - Photographer Experience
Digital Railroad’s Marketplace - Summary

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Digital Railroad’s Marketplace - Getting the Word Out

So, how do those buyers know that the Digital Railroad Marketplace even exists? They, of course, have a blog. They also are making outreach to photo editors with stories of fresh/unique content via their marketing resources which go out multiple times a month – their August Buyer Newsletter can be seen here. They also have a Buyer Benefits section of the site so that buyers know how the Marketplace can work for them.

In addition, their Railmail gets you “a quick overview of a recent selection of requests”, including:

• Caribbean Islands: Martinique and Trinidad/Tobago
• Las Vegas
• Pench India Tiger Reserve
• Editorial images: Cairo people and location
• Winter and Christmas images; contemporary and vintage (for French agency)
• Health Care: Adult in hospital bed with grieving family

…and so on.

This is a similar type of list I used to get from my agency which let me know where holes were in the library that I could fill, if my creativity so inspired me.

What hasn't, heretofore been known (atleast it's not been promoted as a marketing channel by them) is, for example, this search for the search term "/drr.net" yields some interesting results about their marketing strategy. They're investing in Google Adwords, not on specific Google page return results, but rather, on content-relevant pages. Definately stealth marketing of images. So, for example, on "Les Celebrites.fr", a French site about celebrities, their index for "Michelle Yeoh" contains Google Adwords for images of Michelle Yeoh at Cannes, as noted at right.

On this cached page of Liens de ma Ville, for "MAILLY LA VILLE" yields the results below:


On a much more public note is their sponsorship of the Aperture Users Professional Network Road Tour, which sold out in NYC a few weeks ago, has been to Boston, just wrapped here in DC, and is enroute to San Diego, For Lauderdale, LA, New Orleans, SF, Chicago, Dallas, and Seattle.

So, it is working? Check the client and photographer experiences for more on results.

Digital Railroad – All Aboard?
Digital Railroad’s Marketplace - Overview
Digital Railroad’s Marketplace - Getting the Word Out
Digital Railroad’s Marketplace - Client Experience
Digital Railroad’s Marketplace - Photographer Experience
Digital Railroad’s Marketplace - Summary

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Digital Railroad’s Marketplace - Client Experience

I wrote previously about Digital Railroad being the provider of the back end capabilities for the New York Times digital archive in my article on July 30th ("Reelin’ in the Big Fish”), and that trend seems to be continuing.

For nearly 60 years, DDB has been at the forefront of the advertising game, and I have had the privilege of working with them on a couple of the Milk Moustache campaign pieces, and they are also responsible for the “Hey, let’s get Mikey to try it. He’ll eat anything” cereal ads; The infamous Gorilla with Tourister luggage ads that lead to our common notion of today that airline baggage handlers are gorilla-esque; and the “Did Somebody Say McDonalds” campaign. You get the point – they’re the real deal, and, as one of the bigger ad agencies, they’re one of the many clients that peruse and license from the DRR Marketplace. Tracy Guza is a manager in their Seattle office. Tracy says, of her initial licensing from DRR “…We have been asked to use more varied and unique imagery in our direct mail and Digital Railroad is one vendor that offers an alternative to the norm…”.

Frommers, the highly regarded travel guides (which have safely guided me on assignments around the world over the years), also has hopped aboard Marketplace. One of their Senior Photo Editors, Ricard Fox, said of DRR, “ I look at thousands of photos that are used on book covers and interior photos, for over 200 books a year. Digital Railroad appealed to me for their edgy and fresh imagery… having this resource in my arsenal is a huge bonus.”

So, it seems that clients are happy and satisfied, and, more importantly, now that it's built, they are coming. While DRR is closed-lipped about how fast and how much exactly (and that's the million dollar question - literally) the answer remains to be seen.

Digital Railroad – All Aboard?
Digital Railroad’s Marketplace - Overview
Digital Railroad’s Marketplace - Getting the Word Out
Digital Railroad’s Marketplace - Client Experience
Digital Railroad’s Marketplace - Photographer Experience
Digital Railroad’s Marketplace - Summary

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