Saturday, December 5, 2009

Monkey Business & Photography

Q: Why is a monkey smarter than 98% of all microstock photographers?

A: Because the monkey can feed herself by taking photos.

Sadly, this isn't a joke, it's the truth. Paul Melcher, over on his "Thoughts of a Bohemian" blog (here), shares the news that a 33 year old Orangutan earns a raisin for every photo taken.

Let's see - why don't we do the math: reports from some photographers suggest a ratio low ratio of images "snapped" to images "accepted", and it's not unreasonable to believe that 100 or more images are taken at a shoot. So, you shoot, say, a gross of 500 images and get, say, 10 accepted. Your monkey competitor has earned 500 raisins. That's about equivalent to 9 15 oz boxes of Sun-Maid raisins. A 15 oz box of Sun-Maid raisins sells for $2.50 at Safeway.com. So, after 500 photos, the monkey has earned $37.50 in raisins. In order for a microstocker to have $37.50 to spend on food (i.e. a personal item), they have to have earned $75 in taxable income because between federal, state, and self-employment/social-security taxes on their microstock income, they are paying 50% taxes on their profits, and we all know that microstockers argue that it doesn't cost them a thing to make photos, so whatever they earn is profit, right?

(Continued after the Jump)

How long does it take for those 10 accepted photos to make $75? Quite awhile, when the average per-sale figure is about $2, according to Jim Pickerell, in this article.

The numbers could be even worse. According to the iStock Contributors site here, the TOP contributor, Yuri Arcurs, in 4 years only has 5,006 files uploaded, which equates to 104 images a month, on average, that are accepted. the site lists Arcurs as having 136 new files in the last 30 days. In his profile here, it is suggested he shoots "hundreds of 39mp files per day...", so assuming he shoots 5 days a week, and let's say 200 images a day, that's 1,000 a week, 4,000 a month, and he's only getting 136 accepted - and he's the TOP guy? That's a 3.5% shoot-to-acceptance ratio.

So yes, this generalization of math and microstock income provides the rough estimation that even a monkey is smarter than almost all microstock photographers.


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Friday, December 4, 2009

Time Warner - Letting Freelancers Screw Themselves

If you're a freelancer, and Time Warner owes you for assignments, for a fee you can get it paid in 25 days after it's approved. Want it in 10 days? The fee quadruples. Again, this is an acceleration of "approved payments", not the acceleration of payment. Reports of 60 to 90 day payment cycles abound,(despite claims that you are getting paid in 30 days) so at what point are they approved in the system? I highly doubt that you could actually get paid 10 days after sending your invoice, for example. The concept of "2/10 net 30", while common in the business world, assumes that you're actually getting paid in 30 days in the first place.

We all can understand the concept that if you have $100 owed to you, it is better for you to be paid that $100 immediately, than to have to wait a year for it. If you get that $100, compounded interest could mean that after a year in your bank account earning interest, you'd have $105 (or more). However, if you wait to be paid the year, your debtor has earned that same $105. This concept is called Time/Value of money, and you can read more about it here. While you may not be able to leverage a $5,000 early payment of a bill for an assignment (including expenses) into more than a few dollars, imagine JP Morgan (Time Warner's payment vendor) being able to leverage 100 of those $5,000 bills by delaying payments a month or two? That's called "the float." Banks used to delay making the funds available for upwards of 7 days even though they got the money within 24 hours. A long time ago, it might have taken 7 days to get a check drafted on a New York bank validated by a California bank. However, long after those days had passed, the delays were still in place, giving banks a 5-6 day "float" on your money, so that tens of millions of dollars could earn interest for just a few days, and you would be none-the-wiser. Laws were enacted to force banks to change.

Here's the "Happy Holidays" memo sent to Time Warner's freelancers:

(Continued after the Jump)


Happy Holidays!

If you are receiving this email, you are the JPMorgan Xign administrator and you, or someone from your organization, is submitting electronic invoices or receiving electronic payments via the JPMorgan Xign solution on behalf of Time Inc. I apologize for the blind distribution but I wanted to protect everyone's privacy while sharing this important information.

As year end approaches I wanted to ensure that you were aware of the PayMeNow functionality, which allows you to _accelerate payment for invoices that have already been approved_ by TIME. This is an excellent tool to help with your cash management at year end! This does not change your payment term on future invoices, it simply accelerates the payment on the ones you specifically request.

* If you are receiving this email, it means you have approved invoices that are pending payment and can be accelerated for payment this week or any day before year end. *


This is a purely optional service that is available to you by following these easy steps:

1) Log into your JPMorgan Xign account at xign.net.

2) Look for the green $$ and click the link.

3) This will display all available invoices

4) Either select the fastest date to be paid, or select "Lower rates" to schedule payment later in the month, but still before your year end.

Thanks very much and please let me know if you have additional questions related to cash acceleration. For all other inquires, please contact our Support Team at 800 485 XXXX.

Sincerely,

Linda Piazza
JPMorgan

Vice President, Relationship Management
It seems that a survey done by the JPMorgan Business Settlement Network, as reported by Financial Services Technology - Early payment discounts – a lucrative cash management tool - suggests that "faster payment" represents "one of the great earnings opportunities in corporate finance." The article encourages "You need to consider the amount of discount ‘leverage’ you have with a particular supplier." Then (and here's where the lowly freelancer comes in):
"There is another large pool of suppliers...the non-strategic suppliers. These suppliers are typically small to mid-size suppliers...they are also the hungriest for cash and much more likely to accept discounts versus strategically sourced suppliers. Understanding your supplier’s need for cash is a key to success."
So, the next time you think that that Time Warner employee is your friend, or cares about you, remember, they are fronting for a payment system that wants you to be the "hungriest for cash and much more likely to accept discounts."

Gawker reports - Time Inc. Will Pay You Promptly, If You Pay Them for the Service - "Given how desperate freelancers are to be PAID NOW, largely because companies like Time Inc. never pay them on time, this is a pretty genius idea."

If you'd like to know more about the author of that missive, Linda Piazza's LinkedIn profile is here, and you can send her an email via LinkedIn, if you are so inclined.

Photography is business. Keeping your money longer and then giving you discounts, (as Gawker accurately describes it "charging its freelancers for the privilege of being paid for their work in a timely fashion") is Time Warner's business. So, you freelancers who fall into Time Warner's "non-strategic" category of vendors, remember how much they care when they won't pay you in full on time, despite your mortgage and credit card bills all being due in 30 day payment cycles, and you can't pay your bills.


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FLYPMedia - The Future of the Magazine Experience

For some time now, FLYPMedia has been creating some really really cool interactivity, building it not only into existing content with publications you know, but also their own original content. So, it was with great anticipation that when I saw the new Sports Illustrated Tablet Demo, I had expectations that a FLYPMedia-like interaction was in the offing. Nope, not so fast. Something similar is in play for the advertisers, and the SI Swimsuit Edition, but Gizmodo sums this tablet idea up pretty well "...How is this different from a web page? Other than costing ten times as much to produce, that is...Never mind, I will tell you how: It’s a lot worse. It’s just pasting an old medium into a new one, painting the resulting clusterfuck with two layers of thick varnish."

Why Time Inc, who is slashing and burning staff these days, and seems to have forgotten that content is king, isn't embracing FLYP as they should is a big mystery.

(Continued after the Jump)

Here's the SI experience on the tablet:


Here, however is the FLYPMedia experience of a Sports Illustrated story. First - it's in your browser (full screen), so no tablet needed. Second, it is FAR AND AWAY more interactive than the tablet. Browse around, and check them out. They've got some really amazing - and engaging - stories. The FLYP technology isn't, as Gizmodo put takes the tablet to task, a "... resulting clusterfuck with two layers of thick varnish." FLYP gets it right.

I am not alone in this. TechCrunch cautiously reviews the tablet here, saying "...it is not exactly a glorified CD-ROM, but adding more links would breathe some life into it", which would create a bigger problem because the tablet then becomes a Time Inc computer, which is a really really bad hardware business for them to get into. Instead, as TechCrunch cites the leader of the project to bring this to fruition, Josh Quittner, (who is also an editor at Time and the TechCrunch writers' former boss, hence maybe the tepid criticisms?), suggesting Quittner "thinks of it as an app. If people are willing to pay for apps on the iPhone, why not deliver magazines as apps also?" An app would be a better idea, and keep Time Inc out of the hardware business, letting the expected iTablet and whatever Microsoft tablet comes along, handle the hardware. TechCrunch ends their piece suggesting, of the name "Manhatten Project", that "Hail Mary might be a better name."

Further, Rob Haggart over at A Photo Editor (Time Inc’s “Manhattan Project” Is A Tablet Magazine, 12/2/09) thinks the tablet is a bit limiting too, however he points out the repeated highlighting of original/exclusive SI photography as a selling point of the tablet.

The concensus is, this Time Inc Tablet idea is like putting lipstick on a pig - it's still a pig. Go get yourself some real Kobe Beef, in the form of FLYPMedia - it's a far more satisfying experience, and doesn't cost you. As FLYP's tagline says, they're "more than a magazine", and you can see their own video about how FLYP is re-imagining the magazine experience here.


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Tuesday, December 1, 2009

Illyria with Others, Bidding for PDN's Parent Company

In an era where the printing presses are becoming dinosaurs of a (soon to be) bygone era, the value of niche media with a target audience, delivered in an online platform is becoming the new standard for content, and a valuable one at that. Almost since their arrival online, Photo District News, one of the several valuable properties owned by Nielsen Business Media, has delivered a partial set of their valuable content for free, with a greater set of content behind a firewall, accessible only to those with paid subscriptions to the print edition. This "nibble for free, pay for the whole thing" approach is one that is attractive to the prospective owners of Nielsen. The principal lead for Illyria is Lachlan Murdoch, son of Rupert Murdoch, who is not only known for continuing the same nibble-then-pay model at the Wall Street Journal, but is also looking to make a strong deal with Microsoft and their Bing search engine for new business models online.

Nielsen has a strong portfolio of publications, including The Hollywood Reporter, Billboard, and others. Of concern though, is this quote, by Nielsen, as cited by the Financial Times, “For assets that don’t hit the mark, we’re always looking to work them out of the portfolio.” PDN is not insulated from drop in print subscribers or drops in advertising revenues. However, it would be foolish for the Nielsen number crunchers to judge PDN on print subscribers alone when their online content is not only robust, but also pre-designed to continue the nibble-then-pay model that the Murdochs (rightly) see as the future of publishing.

(Continued after the Jump)
One interesting model is that used by The Hollywood Reporter, touted by them as "...an exact replica of the print edition with page turner technology...", and that may be one model that could spread to the rest of the Nielsen-cum-Murdoch lineup, post-acquisition. Interestingly, this model just may allow some of the high per-page advertising rates to be maintained, as opposed to the poorly established low per-pixel rates being paid for online ads that was set across the board years ago, and is not sustainable nowadays (actually, it was never sustainable, just underwritten by the print ad revenues).

As noted at the beginning, broad coverage, in an attempt to serve the masses, is not the future, niche media is. TechCrunch reported on a survey that showed that small town newspapers showed an increase of 4.3% in advertising, as well as local classified ads. Considering that a local newspaper is one example of niche publishing (i.e. local news for the local reader), this makes sense. One example (and apologies in that the town's name escapes me) showed that local (i.e. niche) focus pays well, with a circulation of over 100%, because the subscribers were giving their papers to friends in neighboring towns to read. While this may be an extreme example, consider the value of the free subscriptions given to doctors offices, in terms of the number of actual readers per issue.

In the end, it makes sense for Nielsen to not only utilize and expand the PDN nibble-then-pay model, but also to keep the quality of content and reporting that PDN has delivered for years and expand on it where printed page-counts are not the limiting factors to great stories, articles, and insights.

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Thursday, November 26, 2009

Thankful? Yes, and No

Yes, we have a lot to be thankful for this year. Below are several of the positive things personally and professionally that are worth noting and being thankful for. After that, are the things - like when a car splashes a huge puddle of water on you as you wait to cross the street, and exclaim "yeah, hey, THANKS for that..." followed by some form of an expletive.

The Brighter Side:

  • THANKS for GIVING me and my family health this past year
  • THANKS for GIVING me a profitable year this past year
  • THANKS for GIVING me great new friends and the time to maintain old friendships
  • THANKS for GIVING me so many great clients and amazing experiences while making photos
  • THANKS for GIVING me the time and mental space to produce a second edition to the book that was an instant bestseller on Amazon
  • THANKS for GIVING us one less Getty Images department to produce wholey owned content
  • THANKS for GIVING us one more year without the headache of Orphan Works legislation
  • THANKS for GIVING us one more Flickr photo mis-use to further demonstrate to clients the risks of Flickr photos, eventually ALL respectable and responsible ad agencies and design firms will self-ban Flickr photos (one can dream, right?)
The Darker Side:
(Continued after the Jump)

  • THANKS for GIVING us a Copyright Office that has an all-but-non-working electronic Copyright Office online submission process because no group registration filings are allowed, and then hiding the Form VA so almost no one can find it on the Copyright Office website.
  • THANKS for GIVING us an economy that blows
  • THANKS for GIVING us more and more clients who don't value good photography
  • THANKS for GIVING us more microstock crap to further devalue stock photography
  • THANKS For GIVING us more people who call themselves "professional photographers" but who are anything but.
  • THANKS For GIVING us photographers who think that a few dollars is plenty for a magazine cover or a book cover.
  • THANKS For GIVING us clients who think that working for free is reasonable.
  • THANKS for GIVING us clients who want to do their own post/retouching, and then cry in their soup when it blows up in their face.
Feel free to add your own brighter or darker side THANKS in the comments.

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Monday, November 23, 2009

Microstock Creates New Markets? - No, It Devastates Existing Ones

I hear all to often that "microstock creates new markets". Ok, so let's take that statement at face value, and agree with it, but break it down to see what monster has actually been "created."

Dictionary.com defines market in several ways, the most applicable to this statement is "a body of existing or potential buyers for specific goods or services."

To say "microstock creates new markets" makes it appear is if this is a good thing. However, not all markets are good, or even legal. "easy access to Pseudoephedrine creates new meth markets", or "the decline in police patrols created new open air drug markets." The cash-for-clunkers program grew the market for new cars. Yet, that program not only damaged the used car market for buyers who could never afford a new car and now have fewer used cars to choose from (thus raising the prices of those still available) but also spiked the new car market in the early part of the year at the expense of later-in-the-year sales, according to some reports.

(Continued after the Jump)

Microstock didn't come into the market to serve high school children who need school report images, or even the mom-and-pop corner store. They came in like a drunk bull in a china shop with careless regard for the devastation on the existing market. Jonathan Klein, co-founder of Getty Images, on justifying the acquisition of iStockphoto, suggested all the new markets they could go into. Yet, iStockphoto is going to kill off the golden egg goose that was Getty Images. Sources suggest iStockphoto will be spun off in 2010 and go public.

Microstock has taught image buyers that most photography is worth pennies on the dollar of what it used to be worth. Yet, time and time again, normally responsible buyers get burned by the use of microstock and create confusion when the same image they chose is one that the competition is using (or has already used.)

Every time an entrpreneur turns around with some hair-brained idea, they have usually surmised "there's a market for X", and then proceed to demonstrate how they can actually serve that market. Yet, the reality is that the market must be sustainable. The dot-com boom era is a wasteland of non-sustainable markets where billions were lost. The money in the gold rush was not in the actual gold, but the suppliers of the tools and equipment that the miners used. The money in microstock is not in the images, but in aggregating the content of people who don't care about getting paid, and then taking a fraction of a dollar for the image license. The profits in microstock are like end products where the pollution dumped into fragile eco-systems as a part of the process is simply disregarded. Today, countries like China who don't give a hoot about their environment or worker satisfaction are polluting the skies and streams with the post-manufacturing waste, and living wages are not paid to workers there either. As a result, US manufacturing can't compete, and irreversible damage has been done. In the same vein of thinking, microstock photographers have little to no regard for the damage they are doing to the photographic environment, causing immensely talented photographers to close up shop. A few pennies for a book cover or national magazine cover is just enough for a latte, and beyond that, the digital-camera-toting enthusiast couldn't care less.

Stop saying "microstock creates markets" and instead try "microstock markets are devastating existing profitble markets."

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Sunday, November 22, 2009

W Magazine - The Case of the Missing Hip

The blogosphere is abuzz about whether or not Demi Moore's hip has been photoshopped in the latest cover of W magazine. Here are some resources for you to check out

Boing Boing's article - Was Demi Moore Ralph-Laurenized on "W" mag cover, with missing hip-flesh? - takes one look at it, and the Consumerist chimes in with - Somewhere, Out There, A Piece Of Demi Moore's Hip Is Looking For Its Home, and follows up with Fashion Photographer Offers $5,000 Reward For Demi Moore's Hip.

Interestly enough, Demi Moore chimes in with a tweet of what she purports to be the original, un-retouched image, here.

(Continued after the Jump)

From Moore's perspective, that may well be the original image that she saw. To her, it is the image before she provided any retouching guidance. Yet, it is entirely possible that the photo retouchers either in-house or sub-contracted out, were told which the best series of images were, and to do basic retouching before presenting them to Moore for approval and additional guidance. The last thing that W would want would be for Moore to kill the entire shoot and then not be available for a re-shoot in time for deadlines.

Here though, is where the photographer, Anthony Citrano, makes a mistake. In the infamous Ralph Lauren ad, it was a retouchers error, not the photographers, that caused the outcry. Generally speaking, celebrities have specific approved retouchers that they know will make them look their best, just as each celebrity and publicist has their own approved photographers that they will use. Whether or not the retoucher in question here was a Demi-approved one or not, we don't know. However, what I do believe is that the photographer should have just stayed out of this. Yet, he hasn't. He sent Consumerist a high resolution version of the photo (which could a breach of his contract with W), and he tweeted an offer of $5,000 to charity "f that's really the original." (tweet here).

I am of the opinion that the photographer made a mistake because he's highly likely to have done damage to his reputation with W in speaking out against them and making them look bad in a public manner. He could have included some language requiring his approval of final art before it being published, however I highly doubt he would have had that kind of clout. Moore, no doubt, did, and he - the photographer - needed to have just let this go. Editorial publications can crop and manipulate images to whatever extent their editorial policies allow. Some publications allow only for contextual cropping (i.e. cropping so that the message of the image is made more clear without subverting the original context) and reasonable dodging/burning, and others allow for wholesale manipulations. W, which holds itself out as:
"W is the only pure luxury fashion and lifestyle magazine."
Might be in breach of the modifier "pure", if they allowed retouching. However, with an audience that does real-world retouching (i.e. Botox, etc) perhaps the modifier "pure" refers to something else, and their audience doesn't care? The next sentence in their advertising section suggests:
"The magazine's journalistic heritage provides the ultimate insider experience an original, provocative approach to fashion, beauty, society, art, culture, travel and entertainment."
"Journalistic heritage?" Really? That suggests a higher standard then, where retouching should be verbotten.

The continued use of Adobe's Photoshop has become so commonplace that it is becoming a verb, and Adobe isn't happy. Their guidelines state:
"The Photoshop trademark must never be used as a common verb or as a noun."
and goes on to note:
Trademarks are not verbs.

Correct: The image was enhanced using Adobe® Photoshop® software.
Incorrect: The image was photoshopped.
This makes sense, as Xerox had one heck of a problem with people saying "I need a xerox copy..."

In the end, W joins the list of publications where it is a part of the public discourse that they use Photoshop to modify images that are not honest, along with many other publications. The photographer, however, should have stayed out of the fray.

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Thursday, November 19, 2009

TEDx - Not Playing Fair?

TED - the group behind the Technology, Entertainment, Design events, is massive in scope, and contribution to the collective genius and information sharing in a way that is here-to-fore unheard of.

To grow the TED initiative, a one-time funding effort apparently evolved to create TEDx events in communities around the country. The website suggests "TEDx was created in the spirit of TED's mission, "ideas worth spreading." The program is designed to give communities, organizations and individuals the opportunity to stimulate dialogue through TED-like experiences at the local level."

Even you can host a TEDx event, just check out the guidelines here. All of the messaging in the "how to host" section is all about volunteerism. As for speakers, TED advises "TED does not help TEDx partners identify and secure speakers. TED does not pay speakers and neither should you." Hmmm, okay. I can say I've given my fair share of free speaking engagements. There's a hint of brand-building, where also on the TEDx page, is says "As a TEDx licensee, you are vested with helping to grow the TEDx brand." So, we are talking business here, right? For larger events (defined as 50+), sponsorships could occur. In the responsibilities section, it suggests "Soliciting sponsorship (if needed): If you're holding a larger event, you may require financial support from sponsors."

Ahh, so there could be money involved, somewhere, somehow?

(Continued after the Jump)

Further, TEDx events require you to upload photos to Flickr tagged "TEDx." However, according to the site here:
"Before you upload anything, you must confirm that all the images, music and video clips used in your speakers' presentations are cleared for re-distribution on YouTube and TED.com. Getting the initial clearance is the responsibility of the speakers; collecting documentation of the licenses (and providing it to TED if necessary) is the responsibility of the host."
Ahh, yes, once again, the value of intellectual property and rights clearances arises. Nice of them to respect that.

As of right now, there are over 7,000 photos tagged on Flickr with TEDx, as seen here. So it is with these insights now shared, that I wanted to bring up that a colleague and friend of mine tweeted out a month or so ago that TEDx was coming to Baltimore to host a TEDxMidAtlantic event, and they were looking for volunteers. I challenged the notion of shooting the job for free, and my friends response? "The whole event is being done on a volunteer basis. They're not even charging admission." When I asked of the venue "Is the lighting tech or AV tech at MICA working for free? Is the security guard there working for free? Is the electric company donating the electricity to light/cool the building?" I was met with the response "Maybe people should just never volunteer for anything, ever again." Well, I have it on good authority that one group of people got paid - the three videographers working the gig.

Set aside the donation of the space by the Maryland Institute College of Art (MICA), the people organizing the event (a salaried employee of the Baltimore Sun by the way), and even the speakers, who all donated their time. Why is it that the videographers got paid a fair rate, and the still photographers had to do it for free? That just doesn't seem fair. Photographer Christiana Aretta uploaded 479 photographs from this event, engineering student Jeff Quinton uploaded 34, and student Seth Nenstiel uploaded 29. It looks, from my review of these three top image providers, that Aretta covered the event like an assignment, and surely, she should have been paid if her motion-picture-producing counterparts were paid. Why wasn't she?

In the end, I didn't see the benefits of providing to an organization intellectual property that would be disseminated far and wide long after the speakers left the stage, yet your images are part of the ongoing benefit enured to TED that requires that your images fulfills the obligation of the host who is "...vested with helping to grow the TEDx brand." It's now just salt in the wound that video apparently got paid, stills apparently did not. Aretta looked like she did a professional job, as did the video team, with 19 videos, as seen on YouTube here. I call shenanigans on the payment front.

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Wednesday, November 18, 2009

Wedding Photography Contracts - A Cautionary Tale

As PDNPulse recapped here a New York Post article here, a bride has filed a lawsuit in the Manhattan Supreme Court alleging she instructed her photographer, of the highly regarded wedding photography studio Christian Oth Photography, to refrain from taking photographs of her while getting ready, and in some degree of undress.

The suit also alledges that Oth posted the photographs, according to PDN for "all to see." So the question is - what are the photographers rights and obligations? Let's take a multi-facted look at the circumstances surrounding this issue.

(Continued after the Jump)

First - let's assume, just for the moment, that the allegation of the bride is true, in that photographs of the bride in some state of undress/preparation, are online and viewable to the public. Since Oth no doubt had the bride and groom sign a contract, the contract most likely includes the right granted to the studio for them to be able to use images from the wedding for promotional purposes. The sample contract made available by the Professional Photographers of America (here - membership required) to its' members, includes the clause:
"The Studio/Photographer reserves the right to use negatives and/or reproductions for advertising, display, publication or other purposes. Negatives and previews remain the exclusive property of this Studio/Photographer."
Thus, if the images appeared on Oth's website, and Oth used recommended contract language, they would be legally covered.

The second statement that the bride alledges, is that (according to PDN) the photographer was ordered "...to refrain from taking photos of her in a state of undress but that the photographer kept snapping away anyway." However, there are no stipulations in the contract for this to take place, if Oth used the standard PPA contract. Two terms would cover this:
"It is understood this Studio/Photographer is the exclusive official photographer retained to perform the photographic and/or video services requested on this Contract."
and this term:
This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties.
Thus, the bride could not modify the contract verbally with an "order", and this is again, assuming some variation of the PPA recommended contract was used.

Oth has responded to the PDNPulse article, with a statement (in PDF form) here, and makes the point that "We have never posted any images of Mrs. Bostwick on our public website or any other public venue. Client images, such as Mrs. Bostwick's, are posted on our proofing website and are always password protected." Some research shows that Oth uses Pictage, long considered a leader in providing online galleries and proofing/print ordering for wedding couples. Oth's studio page on Pictage is shown here. As someone who has in the past used Pictage for all manner of client deliverables (including weddings), I can say that the back-end ability to limit public viewing is very powerful.

Pictage recommends that the bride and groom be given "owner" status of their galleries. As such, the gallery would be transferred to the owner, and the owner in turn has the right to "make private" images they don't want their guests to see (yet they can still see.) As such, before the owner releases the images to friends and family to browse, they have had the ability to edit their gallery of images. At all times, owners, friends and family either have to log-in, or have a password to establish an account specific to that gallery and then log-in, before being able to see images. In the end, Pictage has the ability to protect client and end-client images very well. While it is possible for a Pictage user like Oth to have granted "public" access to a wedding, it is made very clear that you are choosing this option when you are setting up an account, so I would doubt that this was the case.

As someone who has photographed weddings, (and as a male), my discussions center around "the bride putting the final touches on her gown", which usually refers to primping and the affixing of the veil/train, just before dad comes in to see his daughter. This time is usually where a few candids of the bride with bridesmaids, and so on can be made, and those images are nice for the beginning of the album. For a female photographer (and I am guessing here), it might be normal/more comfortable for her to be in a bit earlier when there might be a bit more being revealed, as could have been the case given that the Oth photographer is Carolyn Monastra, almost certainly a woman.

So, with the assumptions regarding legalities and likelihoods out of the way, what remains? Reputation. The Knot has a forum post here with praise for Oth, but as this lawsuit makes the rounds, it could show up on the boards. With the article on the New York Post, it wouldn't surprise me if more than one bride/groom who was considering Oth has opted for another photographer. For those who have already signed a contract, they could well be contacting Oth for assurances, or making attempts to get out of their contracts. With Pictage listing Oth weddings in the $3,001-$5,000 range, this will likely have an economic impact on them even if the suit is dismissed in short order.

Could it be that the bride was unhappy with the results, or wants more for free? Of course - both of those things happen frequently. Thus, this could just be a way for an unhappy bride to get back at the photographer. We won't know, of course, until this is settled, one way or another.

In the end, it is imperative in this world where clients are expecting white-glove treatment at every turn, and reputations are on the line, that contracts clearly spell out what's allowed and what's expected. Further, with Oth, who was likely sub-contracting photographer Carolyn Monastra making sure that vendors are customer-service focused is key. It may be that Monastra and the bride were just being light-hearted about it, or perhaps all was well in the beginning and Monastra did not get direction as the bride suggested, but later the bride decided to revise history. Either way, it is imperative to listen to what the bride is - and is not - telling you. I submit that scantily-clad images of a bride are likely of little use for a wedding album that you'll be showing the parents/in-laws, and eventually your children, so don't bother shooting them until it's all about the "final touches" and the makeup check in the mirror.

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Tuesday, November 17, 2009

** UPDATED ** Newsweek, Sarah Palin, and Photographers Rights

There can be a lot of discussion about the appropriateness of Sarah Palin's appearance on the latest issue of Newsweek Magazine. It's possible to tie this cover to the photo editor Simon Barnett's departure, and select choice of words - “Pictures tend to be used as part of an overall design conceit" (as reported at PDNPulse here), although we have no idea if it was this cover, the loss of key staff, or a combination of both.

What's missing here, is a discussion of the business side of the photograph.

(Continued after the Jump)

Runners World commissioned photographer Brian Adams to shoot their cover, and the broader take can be seen at Rapport here, or you could check out Rapport Press' images of "Sarah Palin at home in Wasila" here, and frankly, if Newsweek wanted to choose a worse photo in terms of making Ms. Palin look bad, they could have. That of course, is not to say that I don't think the magazine had an agenda, I do. However, the important point is that photographer Adams had the right to re-license his work from Runners World, to Newsweek. Of value to note, is the obvious question when most people see the cover is "what was she thinking posing for this photo?" And Newsweek answers that question on the front cover when they write "A photo taken for Runner's World, June 2009."

If you as a photographer give publications the right to re-use, re-license - or even own all rights - you are losing out on significant income down the line. Be sure to present to prospective clients your contract, and negotiate on terms you are comfortable with. Also of note, is that PhotoShelter is the power behind the Rapport archive.



*** UPDATE ***: Runners World has spoken out, on their website here, where they say of the photograph that, in part, "...it was provided to Newsweek by the photographer’s stock agency, without Runner’s World’s knowledge or permission."

As to Runner's World having to have "knowledge" about a re-use: Some contracts preclude images shot on assignment for one publication from ever appearing in their competition. For example, Time Magazine's contracts specify (or they did the last time I checked) that images shot for them are "OUT Newsweek/US News", meaning they can't appear in those publications, even down the line. If this type of clause isn't in their contracts, then likely they have no say in what re-uses there are. Further, there would be no need to notify Runner's World about this.

As to Runner's World granting permission: The only permission I can think of would be the need for the photographer to get permission from them because of an embargo. It's not uncommon for publications to have embargoes, precluding images produced on assignment from appearing anywhere before a) first publication in the assigning publication; b) 1 week after newsstand date; c) 30/60/90/180 days after newsstand date; and so on. Interestingly, the date on the cover of Newsweek says it was shot June 2009, which would, with a common 90-day embargo, give the photographer the right beyond the embargo to re-license. However, if the date is August 2009, then it is likely that a 90 day embargo would have ended at the end of November, and as such, there would be a problem.

In the end, if there was no embargo, then Runner's World was not entitled to any advance knowledge, and they would have no right to give (or refrain from giving) permission. The photographer created a compelling image for Runner's World, and was rewarded by a re-use from another publication because of his compelling images' residual value.

All of this said, it appears that the photographer, Brian Adams, has posted a brief note in the comments section. I have not spoken with him, and respect his desire to "stay out of this topic as much as possible". I am not personally aware of payment issues with Rapport Press, as commenter Melissa Golden has suggested, however she is not the only photographer who is reporting payment issues with Rapport.

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