Thursday, February 24, 2011

Stock Loss: Stupid is, as Stupid Does

When Getty Images acquired iStockphoto, they said they did so to prevent iStockphoto from canibalizing their own business, at a time when the average price for a stock photograph was in the $900 range.

Here's a photo, on the iStockphoto website (here) of a nondescript fragrance bottle. Price? About $10.



Where can you buy this exact same photo, with the exact same resolution, for $340?

(Continued after the Jump)


Why, iStockphoto parent company, Getty Images, right here via their Getty Images Flickr site!



So, Getty is doing a pretty good job of self-immolation. This isn't the first time, nor will it be the last, that Getty Images makes mistakes that cost them their bottom line!

(via Shannon Fagan on Facebook)

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


[More: Full Post and Comments]

Wednesday, February 16, 2011

Copyright - Enforce it Wherever possible

I read with great interest an article on the web site "webcopyplus" - Legal Lesson Learned: Copywriter Pays $4,000 for $10 Photo - where the website admits to stealing a photograph "...frankly, we screwed up." and then tells the tale of one of their copywriters who was "were under the impression that images on the Web without any copyright notices were “public domain” and therefore free to use. Naive? Yes."

Naive indeed.

The story reads like part admission of guilt, part "...we got busted and learned a lesson, but everyone does it..."

What lessons should photographers take away from this?

(Continued after the Jump)


First - register your copyright. They said that if the lawyer had contacted the design firm instead of the client, they had some options "Had the lawyer engaged Webcopyplus, in which case our client wouldn’t be caught in the middle, we would have had options: ignore the letter; say, “Go ahead, sue us”; or respond, “$1,925 is our final offer,” which there’s a chance they’d accept." When their request for a copy of the registration certificate was not provided, they were able to go to the Copyright office's website, "and by entering a registration number at the U.S. Copyright Office’s website (www.copyright.gov), we were able to confirm the image was copyright registered and the lawyer’s client was the rightful owner." Now, they are taking the demand seriously.

Second - (and I learned this from singer/songwriter Jon Sebastian) WHENEVER you learn about someone infringing upon your copyright, you should pursue it with great vigilance. By doing this, not only can you generate revenue, but you teach the greater community of users of photography that if they steal, they run the risk of paying the price.

Third - Don't try to go it alone. Get a lawyer. When you have a lawyer, people realize you're serious. The first correspondence from the lawyer to the infringer included the sentence "“Cease and desist demand and offer to settle copyright infringement claim, and digital millennium copyright act claim, subject to Rule 408, Federal Rules of Evidence.” according to the infringer. This is a critical sentence, because the letter made a demand for money, and if that sentence was not in there, the amount that the lawyer was asking for on behalf of the photographer to settle the claim would be something that could be introduced into evidence during a trial, and limit the amount the photographer could actually win during a trial.

Fourth - Engage the infringing entity - in this case, while the infringers were both the design firm and the company, going after the ongoing infringer - the company, you not only will often get a better response from their lawyers, but the company likely also carries insurance to cover lawsuit/settlement losses, and they will likely pursue reimbursement from the design firm. Many design firms don't have these protections, nor lawyers on retainer, and are likely to try to sweep these things under the rug. In this case, the infringement gave a black eye to the design firm in the mind of their client, so there was no sweeping under the rug! They noted - "It was a tough pill to swallow, but we were the ones who messed up, and salvaging the client relationship was priority."

The design firm suggests, regarding the settlement amount "We felt — and photographers we spoke to agreed — the proposed settlement amount was excessive." Well, I'm not sure whom they spoke to, but $4,000 is a very small settlement amount, so whomever they spoke to that represented themselves as photographers must really not understand the value of the photographs they produce - perhaps it was they who also advised a valuation of $10 - "Why would copywriters at Webcopyplus pay $4,000 for a digital photo that retails for about $10?"

One really bad thought that was posited was "...Based on recent discussions, even after we shared our story, some continue to suggest copyright laws are blurry, and insist if you ever run into conflict and get a threatening letter, you can simply delete the image and toss the document in the trash (one designer even labeled it “delete and toss”)." BAD IDEA. They then acknowledge that "While this might work with some individuals and organizations, particularly if they’re in a different province, state or country, which might make legal costs prohibitive, be aware: you could end up in a lengthy and costly court battle. For those who insist, “It won’t happen to me,” mind the fact that this beach photo was the only one we’ve ever grabbed from the Web for a client’s website. And it cost us almost $4,000. Consequently, we urge others to recognize and yield to a simple fact: If it’s on the Internet and others wrote or created it, do not use it without their permission."

While it's dubious to believe "...this beach photo was the only one we’ve ever grabbed from the Web for a client’s website..."
in the end, now, there's one less company out there who is under the misguided thought that if it's on the internet, they are "...under the impression that images on the Web without any copyright notices were “public domain” and therefore free to use." and who now professes "...We apologize, and it won’t happen again."

Good.

(Disclaimer - I am not a lawyer, nor is this specific legal advice, but rather general information for your review and consideration.)

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


[More: Full Post and Comments]

Monday, February 14, 2011

What's Next in Photography - Jamie Rose

During FotoWeek DC's annual PhotoFest, a group of concerned photography professionals brought together a series of presenters to talk briefly about what's next in the industry. Jamie Rose, a seasoned photojournalist and well-established NGO photographer, and co-founder of the Momenta Workshops was among the presenters, and the presentations are now online on YouTube.

Here's the Highlights video (RSS readers see the video here):



After the jump is the entire presentation, in 2 clips...


(Continued after the Jump)


Clip 1 of 2 (RSS readers view the clip at this link):




Clip 2 of 2 (RSS readers view the clip at this link):




The original description of the program was as follows (and appears here):

What Next?

So you're a photographer, or you want to become a photographer, but you know the business model is changing and constantly evolving.

What is the new paradigm? How will you succeed as a working visual communicator? What will give you the edge over all the others out there?

Come listen to a unique, diverse, and experienced group of visual professionals as they share their ideas of new business models for our world today and tomorrow.

Hear their predictions and how they're preparing for the future. Join us for Questions and Answers with these pros, and participate in their panel discussions.

Learn, Share, Network

Each presenter will speak for 15-20 minutes on their idea for the future with Q&A sessions.

The seminar’s goal is to help discover that one great solution for you in the changing world of the photography business.


Presenters
Steve Freligh, Publisher Nature’s Best Magazine
Kathleen Ewing, Kathleen Ewing Gallery and past Executive Director, AIPAD
Keith Jenkins, Supervising Senior Producer for Multimedia, NPR
Jamie Rose, photographer, entrepreneur Momenta Workshops
John Harrington, photographer, author, President WHNPA
Michael Lutzky, Strategy and management consultant (former photojournalist)

Organized by a group of concerned photography professionals
Khue Bui, Bill Auth, Lauren Stockbower, Larry Levin



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


[More: Full Post and Comments]

Sunday, February 6, 2011

What's Next in Photography? - Michael Lutzky

During FotoWeek DC's annual PhotoFest, a group of concerned photography professionals brought together a series of presenters to talk briefly about what's next in the industry. Michael Lutzky, a former staff photographer for the Associated Press who now is a strategy and management consultant for media companies, was among the presenters, and the presentations are now online on YouTube. Lutzky made a number of remarkable points, one so much so that I added it in to the beginning of my presentation (with his permission, of course.)

Here's the Highlights video (RSS readers see the video here):



After the jump is the entire presentation, in 3 clips...


(Continued after the Jump)


Clip 1 of 3 (RSS readers view the clip at this link):



Clip 2 of 3 (RSS readers view the clip at this link):




Clip 3 of 3 (RSS readers view the clip at this link):




The original description of the program was as follows (and appears here):

What Next?

So you're a photographer, or you want to become a photographer, but you know the business model is changing and constantly evolving.

What is the new paradigm? How will you succeed as a working visual communicator? What will give you the edge over all the others out there?

Come listen to a unique, diverse, and experienced group of visual professionals as they share their ideas of new business models for our world today and tomorrow.

Hear their predictions and how they're preparing for the future. Join us for Questions and Answers with these pros, and participate in their panel discussions.

Learn, Share, Network

Each presenter will speak for 15-20 minutes on their idea for the future with Q&A sessions.

The seminar’s goal is to help discover that one great solution for you in the changing world of the photography business.


Presenters
Steve Freligh, Publisher Nature’s Best Magazine
Kathleen Ewing, Kathleen Ewing Gallery and past Executive Director, AIPAD
Keith Jenkins, Supervising Senior Producer for Multimedia, NPR
Jamie Rose, photographer, entrepreneur Momenta Workshops
John Harrington, photographer, author, President WHNPA
Michael Lutzky, Strategy and management consultant (former photojournalist)
Organized by a group of concerned photography professionals
Khue Bui, Bill Auth, Lauren Stockbower, Larry Levin



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


[More: Full Post and Comments]

Wednesday, February 2, 2011

The Flash Bus - Coming (likely) to a city near you!

I'll admit that my speedlight knowledgebase is lighter than what I know about studio and location lighting that travel in large flight cases, and, in fact, the first time I tried wirelessly using a second speedlight that talked to the one I had on my camera, I was pleasantly surprised with the results. So, when I learned about this upcoming workshop, I was excited about the opportunity to engorge the thinner areas of my lighting knowledge, and get insights into the speedlight mystique.

Lighting gurus David Hobby (also known as "The Strobist") and the legendary Joe McNally have teamed up to visit 29 cities in 6 weeks, all to speak the gospel of speedlight salvation (from heavy cases with excess baggage charges!).

So, check out The Flash Bus Tour 2011 and make a point of taking this day-long presentation, I guarantee it will be worth it!

Cities They're hitting:





(Comments, if any, after the Jump)



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


[More: Full Post and Comments]

Saturday, January 29, 2011

What's Next in the Field of Photography?

During FotoWeek DC's annual PhotoFest a few months ago, a group of concerned photography professionals brought together a series of presenters to talk briefly about what's next in the industry. I was among the presenters, and the presentations are now online on YouTube.

Here's the Highlights video (RSS readers see the video here):



After the jump is the entire presentation, in 5 clips...

(Continued after the Jump)


Clip 1 of 5 (RSS readers view the clip at this link):



Clip 2 of 5 (RSS readers view the clip at this link):



Clip 3 of 5 (RSS readers view the clip at this link):




Clip 4 of 5 (RSS readers view the clip at this link):



Clip 5 of 5 (RSS readers view the clip at this link):





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


[More: Full Post and Comments]

Thursday, January 27, 2011

ASMP's Strictly Business 3 - 2 More Left!



ASMP's Strictly Business 3
seminar series roared back into the ethos last week with the launch in Los Angeles, and there are only 2 more cities left - February 25-27 in Philadelphia, and April 1-3 in Chicago. Last time around (SB2) when I was a speaker, we had attendees talking about how valuable it was for them to fly-in and spend the weekend with several hundred other photographers focused on growing their success.

This time around, you can be sure that it's the same, so I strongly encourage you to make the investment in your future by attending this time around.

To learn more, and register, click here.


(Comments, if any, after the Jump)



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


[More: Full Post and Comments]

Wednesday, January 26, 2011

The Art and Business of Photography

While one might consider it unusual that I would recommend and promote a book on the business of photography when I am the author of what could be considered a competing book, I genuinely believe that the more business knowledge that's available, the better it is for photographers.

It is to that end that I recommend you consider Susan Carr's book - The Art and Business of Photography, which you can pre-order on Amazon now, and get it in a few weeks.

I've known Susan for a number of years, and worked with her on the ASMP Strictly Business 2 seminar a few years back. She not only edited the updated ASMP Business Practices book, 7th Edition, a few years back, but she also responsible for developing educational programing on professional photography for the ASMP as their Education Director, and has been for almost 4 years. So, she brings a learned perspective to the subject matter, and I am sure you'll garner significant insights from her book. So, pre-order it now.

(Comments, if any, after the Jump)


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


[More: Full Post and Comments]

Monday, January 24, 2011

eCO Update - Group Registrations

One of the biggest problems with the U.S. Copyright Office's Electronic Copyright Office system of accepting uploaded content online is that they haven't been able to take group registrations - that is, registrations of a group of published images made over a period of time (but within the same calendar year). Now, they seem to be headed towards a solution.

(Continued after the Jump)


According to the January 24th Federal Register (here) (red emphasis added):
The Copyright Office is adopting interim regulations governing the electronic submission of applications for registration of automated databases that predominantly consist of photographs, and applications for group registration of published photographs. This interim rule establishes a testing period and pilot program during which the Copyright Office will assess the desirability and feasibility of permanently allowing such applications to be submitted through the Copyright Office's electronic filing system (“eCO”). Persons wishing to submit electronic applications to register copyrights of such photographic databases or of groups of published photographs should contact the Visual Arts Division for permission and guidance on electronic registration.


This is, of course, excellent news, because for many photographers, registering their published images online, when limited to images produced on just one day, or just one assignment, was cost-prohibitive and burdensome logistically.

----------
Related Posts



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


[More: Full Post and Comments]

Thursday, January 20, 2011

Discounts vs. Gouging

When is what you normally pay for a product or service fair? Way back in 2002, friend and colleague Mark Loundy, who writes the column "Common Cents" for the NPPA's News Photographer Magazine, and the Digital Journalist online magazine, spoke with me about pricing and negotiating strategies. I told Mark that one of my favorite questions is "what's your budget" (Common Cents, September 2002), and in many ways that lets me know what level of production I am bringing to execute the assignment (flash on camera vs. 30 cases of lights and 5 assistants, etc). A few months later, Loundy cited a reader who was outraged by my "over charging" my client, and another who suggested I was "outright gouging." (Common Cents, January 2003.)

In this month's column, Loundy applauds a New York Times ethicist (and rightfully so), yet I found something also interesting earlier in the ethicist's article by a physcian who inquired "...I routinely use a downward-sliding scale to help parents in financial difficulty afford care. Many of my patients come from families with extremely high net worth. A friend suggested I charge them more. Is it ethical to use the sliding scale in both directions?"

Interesting question.

(Continued after the Jump)


The ethicist began his response, in part "You already use the sliding scale in both directions, and reasonably so. To give one person a price cut is tantamount to giving everyone else a price increase."

Indeed. If it is reasonable to give a charitable organization a discount, then it should also be reasonable to charge more to a Fortune 500 company, right?

One factor that is not being considered, when it comes to photography, is the scope of use of the images, of course. A local charity with a one year PR rights package to the images you shot at their event would have a nominal amount of use, but during the same duration of time, say, the next day, when working for that Fortune 500 company at a product launch event with the same one year PR rights package would have exponentially greater uses.

As the ethicist ends, citing the variable pricing of an airline seat based upon when you buy it, or your age for movie tickets, he notes "...psychology plays its part: it can feel different if you apparently lower a price — that’s generosity — than if you seem to raise one: that’s gouging."

9 years ago I didn't consider what I was doing, gouging, or over-charging. I was trying to work within a client's budget, and this allowed me to bring to bear a higher level of production than I might otherwise have, making the shoot easier, and, likely, increasing the quality of the final result. Also we need to take into account that knowing what our prospective client is comfortable paying is equal to their expectation of quality. By this I mean if I had offered to do the job without enquiring as to the budget and given a price far below one they were used to paying one of two things happen in the clients mind. Either I am a bargain or considered to good to be true in the same way a car for $500 comes with issues. I want my clients to know and believe they are getting the best. I never want to leave money on the table and with all services that are negotiated it is just that a negotiation, the client and myself can decided to walk away at anytime. I am a business and therefore in it to make a living, to live a standard of life I am comfortable with. My clients have budgets and deadlines and they to are trying to make money. This is not a parasitic relationship it is a symbiotic one, and it's life.

When you give a discount to a client, make it a good reason. For instance, they are booking you for a dozen days in a month, or they are a long-term repeat customer who needs some help. When you charge greater than what you might otherwise charge, make sure you bring a higher level of service than normal, and you might just realize that working at that level of service, production, and quality, is something to aspire to do more of, and then, you'll be raising your rates for a good reason. In no case though, would you be price-gouging. Gouging, in my estimation, happens when you have a captive audience that has no other choice and no other resources to turn to. Further, we live in an environment of supply vs. demand, and when supplies dwindle, and demand remains the same, then prices will naturally increase, and rightly so.

Lastly, more often than not, some clients have a budget that they have to spend, and if they don't, they lose it. A PR firm or ad agency will have, say, a $10,000 budget for photography, of which they will get their standard 17% markup, or $1,700. If you agree to do the $10k job for $5k, you just cost them $850 of their markup, and if something goes wrong on the shoot, the client could well say "why did you hire a 1/2 price photographer - that' probably the reason this is all screwed up...". The list goes on and on. Never assume. Always ask the budget, and know that the first number that comes out is almost always lower than the real number.


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


[More: Full Post and Comments]
Newer Posts Older Posts