I’m Gonna Sue!

[by Jim Cavanaugh]

When I was a Chapter President, I would often get calls from angry members who found that one of their photographs had been infringed. They wanted the name of a copyright attorney so they could sue the infringer. I was always stunned when I asked about what the person said after they contacted them about the infringement. In virtually every case, I got the same answer, “Oh, I didn’t contact them, they used my photograph with out permission, I’m gonna sue them!”

Well, in 35 years as a working photographer, I’ve never been in a courtroom except to photograph it. I have made it 35 years without suing anyone. And I have had countless images infringed during the same time. I simply look at situation differently.

If someone “stole” one my images,  it seems to me that they liked my image or they would not have used it. Are they a potential new client? Can a negative be turned into a positive? Filing a law suit certainly will not let that happen.

Before you run to an attorney, contact the company and let them know that you are aware that they have used one of your copyrighted photographs without the required permission and payment and that you would like to resolve the situation fairly so that they may continue to use the image. And, perhaps license more in the future.

Protect Your Assets

[by Judy Herrmann]

In a recent thread on ASMPproAdvice, a photographer asked about the necessity of obtaining releases when photographing his client’s employees. Several members of the listserv pointed out that releases don’t just protect the photographer, they also protect the client – especially if an employee who’s been photographed leaves under bad terms.

The thread made me remember how intimidated I was by paperwork when I first entered the field. I felt uncomfortable asking people to sign assignment confirmations, advance expenses, sign releases and change orders or even pay our bills on time.

Once I realized that using good paperwork protected my clients’ interests as well as my own, it became easier to talk to them about it. As my business grew, I discovered that for many clients, good paperwork is a must – it shows you’re a professional who knows what you’re doing and understands the rules of the game.

Make sure your paperwork keeps up with the times – if you’re thinking of adopting new technologies or diversifying the services you offer, answer these questions before you take the plunge:

• Does this new approach or technology affect my potential liability with my clients, models, locations, vendors or suppliers?
• How do I need to change my terms & conditions or other forms (model releases assignment confirmations, change orders, delivery memos, etc.) to minimize my risks?
• What do I need to communicate verbally as well as in writing to protect myself from any miscommunications?

If your paperwork could use a tune-up, visit the ASMP Forms Tutorial and Terms & Conditions Module for recommended language you can modify for your needs.  ASMP’s dpBestflow project includes a digital file delivery checklist and sample digital file “read me” memo that all photographers should check out.

Equipment Backups

[by Paul Bartholomew]

It kind of goes without saying that having a backup camera is very important. The chances are high that you will eventually run into equipment malfunctions. Try to have a plan B in place. Did you think about a backup tripod? If your work is mostly accomplished on a tripod, everything will come to a halt if a little item such as a lock decides to break. Think through your equipment and be prepared for the smaller items too.

The Winning Path

[by Rosh Sillars]

People generally take the path of least resistance.  Opportunities arise all the time, but we don’t always follow through on them.

Think about the great opportunities you have missed.  What were your excuses? Did you have too much on your plate already? A scheduling conflict? You simply forgot? Most likely the root cause was that you didn’t have the information necessary to follow through quickly. Opportunity lost.

I’ll bet many of the opportunities you let slip away only required a few simple things. Maybe it was a biography, a photograph, pricing information or connections. You didn’t miss the opportunity for  business promotion or a unique job because you didn’t have these things. You lost the opportunity because they weren’t easily available.

Don’t let that happen again. Create a folder on your desktop.  Write three personal biographies.  One should be a quick paragraph, another should be about three paragraphs long and the last should be a full page of highlights about you and your career.

Next, make sure you have a current photograph.  Update it every few years.  It sounds funny to say that to a photographer, but you and I know the reality.

Place a least two lists in your folder. One list should contain your basic pricing for most expenses and every type of job you would accept.  This way you have a reference and will not procrastinate or delay trying to figure out where to start.  Most importantly, you don’t want to undervalue your work.

The other list should contain names and phone numbers of people you’ve met with specialized services that may be of benefit when a unique job becomes available.

Last, create a folder within your folder of images for both Web and print of your best photographs for promotion.  Make sure you have at least five to share.

Knowing you have this information will give you the confidence to act quickly. Now, when opportunities arise, you will be prepared to respond immediately.  Don’t give your prospects the chance to take the path of least resistance and call on someone else who is prepared.

Private Disability Insurance

[by Jim Cavanaugh]

Insurance statistics tell us that we are seven times more likely to become disabled than die during our work life. Many folks have life insurance but far fewer independent photographers have private disability insurance. Many assume, if they become disabled, that they will be taken care of by Workers Comp or State Disability Insurance. But in some cases, independent business owners are not covered at all. And if covered, the amounts may be insufficient to cover your income needs and may only last a matter of months.

Private Disability Insurance can provide income to cover your salary and business overhead until you reach retirement age. It is reasonably priced for the peace of mind it can bring. The cost depends on your age, your specific job responsibilities and the amount of coverage and the length of time it will be paid. Shop carefully, some policies may provide income for a few years, others until retirement age when you would be eligible for Social Security.

Private disability insurance can be deducted on your Federal income tax returns. However, if you deduct the premium, your benefits are taxable. If you do not deduct your premiums, your disability income is not subject to Federal income taxes.

If you are not covered, look into it today. You don’t want to lose everything you have worked for due to an unforeseen accident or health crisis.

Please Release Me

[by Blake Discher]

Many photographers forget  that their websites are a form of advertising and as such the individuals in the images must be released.  ASMP has Property and Model Releases on it’s site, available to anyone, at www.asmp.org/releases.  I keep copies of the simplified release in my camera bag and in my car’s glovebox.  That way, even if I’m carrying a point and shoot while visiting a park with my son, I have releases handy.

Do You Have a Voice Mail Problem?

[by Jim Cavanaugh]

How many times have you heard people lament “I can’t get a hold of anybody. All I ever get is voice mail”. It can be frustrating until you realize that voice mail is really a perfect way for you to get your message to a client in a clear, concise manner. Just be mentally prepared with your best “elevator briefing” if you get dropped into voice mail. Keep it brief, who, what, why, where, when and how. Make sure you speak clearly and be sure to repeat your phone number.

Save Time Getting Paid

[by Paul Bartholomew]

Sometimes an invoice payment is delayed because a W-9 form may be required by the client.  Whenever working with new clients you can send a filled out W-9 form along with the invoice or you can check with their accounts payable if one is required. This can also reduce the hassle of last minute requests at the end of the year.

Use a Validated Transfer

[by Peter Krogh]

Whenever you move the primary copy of your images from one drive to another, you should perform a validated transfer. This makes sure that all files are transferred, and that every bit in the original is also in the copy. Read about the process and watch a movie of it in action at dpBestflow.org.

Video Quick Tip

[by Gail Mooney]

Watch TV commercials with the sound off. You’ll quickly see how the footage was cut together in the editing room.

Take Back Your Power

[by Judy Herrmann]

At the SB2 conferences a couple of years ago, I noticed that many photographers were exhibiting the classic signs of mourning.  Back then, most were still in denial but many were grappling with a sense of helplessness, paralysis and loss as they faced what they perceived as the death of a profession they loved.

Today, it’s clear that far too many of my colleagues have graduated to the anger phase and that anger is doing as much damage to our profession as the recession, changing technologies and changing markets combined.
In Vein of Gold, her 1996 sequel to The Artist’s Way, Julia Cameron wrote: “When we are angry or depressed in our creativity, we have misplaced our power. We have allowed someone else to determine our worth, and then we are angry at being undervalued.” I’m willing to bet that every single one of us either is that person or knows that person.

Looking for a silver bullet?  The magic answer?  Here it is:  the one thing that’s going to help you survive as a professional visual communicator is your creativity.  I can’t tell you what your career is going to look like – that’s up to you – but I can tell you that without creative vision, creative thinking, creative problem solving, creative strategies and creative approaches to building your business in the “new economy” you’re not going to make it in this field.

If you’re one of the angry ones, all I can say is Get Over It.  Find help, find hope, find whatever shot in the arm you need because if you allow your anger at these irrevocable changes to get in the way of your creativity, you are walking roadkill. If you’re not one of the angry ones, if you’re still hopeful, still open, still looking for what’s possible, I congratulate you.  Foster your creativity – nourish it, protect it and don’t let the kill-joys near it – for it is the key to your future.

Your Number One Asset

[by Carolyn Potts]

Do you know what is the most valuable asset you possess? You need a lot to run your photo business, but what is most deserving of protection?

Hint: Its not your camera gear. Nor your computer hardware and software– or even your image archive or your portfolio.

It’s your creativity. It’s what sets you apart from every other photographer; it’s the distinguishing value that is added to any great image you create. Without it, you could be replaced by a machine.

Ironically, this extremely valuable asset can’t be covered against loss by an insurance policy.It’s up to you–and only you–to take precautions that you don’t lose your creativity.

Are you spending even half the amount of time and effort that you take to protect your other business assets from loss? You probably back-up your images on multiple drives on a regular basis. Your gear is probably protected by good security systems when it’s not actually with you. Your office probably has fire, flood and theft  coverage. You want to protect your business, so you’re prudent. And you’re responsible.

Why is it so important it is to keep your creativity safe? Without it you probably don’t have much to offer any client since creativity is an essential for problem-solving. Clients hire you because they have a problem they need solved; usually ones they don’t have the creativity to execute as well as you.

So what are you doing to PROTECT your creativity? Do you know what keeps it vital and alive?

What was your mental state when you had your last great idea for a portfolio piece? Wasn’t it when you were relaxed, open, and receptive? I suspect you’ll also say it was when you “weren’t even trying”… it just “came to you.”

Do you know under what conditions your creativity is at risk? Are you aware of how negative emotions such as fear, anxiety, and worry significantly diminish the flow of intuition? Intuition is what most often guides you in what is necessary to take a shot from good to great.

In the current sea of negative emotions swirling in the photo business, are you pro-active enough to wear a “mental life-preserver”? That is, do you have an effective strategy to keep your intuition afloat? Can it be saved it from drowning in the swells of fear and anxiety?

Here are some time-honored, extremely well-researched, and very effective strategies to protect your most valuable business asset: Meditate. Spend time in nature. Pray. Jog. Swim. Politely refuse to spend time on the pity pot with those who continually spread evidence about how horrible things are. Be grateful for what you DO have. And finally, volunteer to help those who have less than you.

Defining Yourself By Your Vision – Not The Camera

[by Gail Mooney]

I’ve been giving quite a few presentations lately for ASMP – “Should I Be Thinking About Video”.  One thing I’m finding is that there are always a couple of people in the audience who think that buying a DSLR hybrid camera will get them in the business of video production.  Part of that perception comes from the way camera manufacturers are marketing these “HD” cameras and part of that comes from photographers wanting to believe that these hybrids will allow them to compete in the world of commercial video production.

The simple fact is – these DSLR’s have lowered the bar on the entry level into video production – and you may find yourself competing with every other still photographer (pro or amateur) that has $2800 to spend. People tend to lose sight of the fact that shooting video is not the same mind set as shooting still images.  I think differently when I shoot video.  I see differently and I communicate the message or story through this motion medium using the best tool toward that end. While I too love that shallow depth of field that you get when shooting with a DLSR, the image is just one part of the video production process.  You are also defining your vision through sound and the art of editing.

The problem is if we define ours by our tools – then we are diminishing the value of our creativity or our vision in the process.  We aren’t placing the value on what is unique in all of us – our vision. At the same time we’re placing too much value on the tool – in this case the camera.  As technology accelerates the production of more sophisticated cameras that are cheaper and easier to use – and we’ve placed our value on being the technician – we’re in big trouble.  Because ultimately anyone with a vision who has the “ability” to realize that vision, can put together a crew of technicians to facilitate their vision or idea – and do it cheaper these days because of technology.  And there’s nothing wrong with that.

Professional photographers get defensive when a potential client places no value on what is unique about them (their vision) and approaches them with the attitude that if you won’t work for the prices they dictate – they will just find another photographer.  But what they are really saying is that they feel that they can “just” find another camera operator. The problem is that these photographers haven’t presented their vision and because of that they are perceived as being interchangeable. That’s not a good place to be and never will be.  And for that reason when a professional still photographer comes to me and says that they are interested in getting into video and asks the question “What video camera should I buy?” I gently tell them – well sometimes not so gently tell them – it’s not about the camera.

How does one define what they are?  Great question that has a lot of answers, as it should.  Technology is amazing – but it’s the human part of the process that excites me because we’re all so different in how we see.

Taking A Personal Day

[by Paul Bartholomew]

I tend to feel guilty on non-shoot days if I’m not in the studio working on something.  Maybe I’m afraid of missing that important call or email, but then again that’s what an iPhone is for isn’t it?  On the other hand, maybe I’m missing the point if I’m not concentrating on my personal work and checking my messages all the time?  Probably.

So how can a photographer finally put time aside and forget about business for a short while?  I think it comes down to just doing it and getting used to it.  Set time aside in your schedule and try to stick to it.  If a photo shoot comes up then reschedule your personal day but don’t cancel it.  You don’t need an agenda and it doesn’t have to be related to your professional work.  Perhaps you may want to pursue another specialty or work with video?

My personal days have been about food photography yet most people know that I’m an architectural photographer.  I find it as a nice balance and different way of thinking.  It’s refreshing and keeps me in touch with my passion for the culinary arts.  What would you like to pursue as personal work?  Don’t worry if you don’t know yet because these things take time.  The important thing is starting somewhere and finding your way.

Robert Frank Tweeting?

[by Sean Kernan]

Living in this blizzard of Tweets, I have to remind myself that doing really creative work requires a certain amount of silence, even boredom. There has to be space in which things can occur, and if you are constantly talking about what you are doing, you can’t really listen, at least not as much as you need to do deep work.  (Which is maybe why my earliest work was so lose and prolific. After all no one was chasing me to do other projects then. They didn’t know I was alive. Which was more desirable than I knew at the time.)

The first question that seems to pop up around about any creative idea seems to be, How can I support/sell this? It’s a fair question, but perhaps it shouldn’t be the first question.

Although it seems a bit cloudy just now, photography is an amazing mirror, and it can reflect the most subtle and broad phenomena. It still amazes me when a single still image, resonates it a way that takes one into other lives, other worlds, atmospheres, things that can’t be said any other way. Take a look at Roy deCarava’s Hallway. Try to say something about it. The closest I got was when I tried to write a poem about it, but believe me it wasn’t as powerful as the picture. It is a kind of photograph that I think can you can only get to by first being quiet. That’s how it works on the viewer too.

There’s a time to show, to promote, to “monetize”, but it’s not all the time, and it’s not the creative time.
Think of that old Zen koan. It may be that if a tree falls in the forest it makes no sound, but the tree sure knows things have changed.

The Business of Video Production

[by Gail Mooney]

The “business” of video production encompasses a lot of things – one being good paperwork.  From the initial estimate on a job, through the final invoice along with obtaining the necessary releases – good paperwork is essential for a profitable business.

I keep a database of past SOWs (Statement of Work) to use as references. While every job is different, I use these archived SOWs as a starting point. Another great starting point when putting together an estimate is to use the estimating form online at the AICP (American Independent Commercial Producers) website.

In addition to estimating the costs of crew, equipment, location needs, pre-production and post-production, I include clearly payment and licensing terms as well as a schedule of workflow and completion dates.

Terms – Here is where I state rights and  “usage” of the finished product – where will it be used and for how long.  I also clearly spell out payment terms, cancellations and provide an accurate description of exactly what I’m going to deliver.

For Example:

• 5 minute web video.
• One day shoot on location at………….includes 2 interviews and b-roll.
• Post production – edit will include x amount of still images, voiceover narrative track and music. Logos and graphics to be provided by client.
• Payment – one third upon signed SOW (Statement of Work)  – one third after shoot –balance due upon delivery of final product.
• Cancellation terms and change fees.
• One rough cut and final cut included. Additional changes are billed hourly at $………
• Licensing and usage terms. Web usage for 2 years. No Broadcast rights.
• Schedule – This is extremely important in video production – a schedule where the client signs off on each phase of the project. This is critical so if the client delays things on their end – it’s clearly understood that the rest of the schedule gets extended in terms of deadline dates.  Otherwise if your client’s boss has an unexpected out of town trip come up and you need to wait for his/her approval – you won’t be left with half the time you need on your end to deliver the final product.

New ASMP Resource for Video

[by Susan Carr]

ASMP has a new online resource designed for the still photographer who is moving into motion.  Gail Mooney is chair of the newly formed Motion/Video Committee and she embraced this role with the same gusto she uses in her own work. Gail interviewed fourteen members who have successfully incorporated video into their businesses. The results of this work are now available as the first step of ASMP’s new tutorial on video.

Topics covered include – definitions of the common roles involved in video production, technical concerns, insurance and business issues and how to get started. Here are some sample questions included in this resource:

• What are the differences, advantages, and disadvantages of positioning yourself as a shooter, a director or a producer?
• What markets do you work in when shooting video?
• Do you market yourself as one “production company” or separately as a still photographer and media producer/videographer?
• What are some standards in video? What is considered the pixel threshold for HD?
• Do you edit your own material? What platform and software do you use?
• How do you copyright a body of work that is comprised of video and stills and music?

ASMP is dedicated to making sure you have the tools you need to reach new markets with your work. So, check this out and give yourself a leg up before you move into motion!

Digital Video: Lessons Learned

[by Judy Herrmann]

A couple of weeks ago, my partner, Mike Starke, and I finished our very first digital video project.  We made our deadline with about 15 minutes to spare and only pulled one all-nighter; two facts I take inordinate pride in.  In the process we discovered a lot that we’ll do differently the next time.  Here’s what we learned:

1) Shooting – get tight, get loose, get high, get low, go wide, go long – just mix it up!  Once we were editing the footage, we noticed that even if each segment is showing different people or activities, too many shots from the same distance with the same lens or from the same camera height get boring fast.

2) Editing – I haven’t yet figured out the organizational system that we’ll use in the future but I know we need a better one!  I can’t tell you how much time we lost searching for a particular clip that we had tagged but couldn’t remember which bin it was in.  About halfway through the project, we wound up creating an Expressions Media catalog for our clips.  There’s probably a better way but this let us use a tool we already knew really well to visually scan key stills from each clip instead of trying to remember what we’d named it and where we’d stashed it.

3) Set up – Video editing applications are monitor hogs.  You don’t just need two monitors – you need two big monitors.  We got by with a 21″ and a 23″ display hooked to our tower but would have happily used more space.

4) Time away – After watching our footage over and over and over (and over) it got really hard to figure out how long someone who’d never seen the shots before would need to see a clip before moving onto the next thing.  Every few hours, we really needed to get away from the project for a few hours so we could refine our edits with fresh eyes.  As we work out the deadlines for future projects, we’ll take this into account.

5) Rejuvenation rocks!  One really great side effect of doing this project was experiencing the excitement (and fear) of doing something we’d never done before.  We’re not just learning new software, we’re learning a new way of seeing and a new way of thinking as visual communicators. I’m feeling more excited, more creative and well, frankly, more hopeful than I have for awhile.  It’s been a good reminder of how important it is to keep pushing myself creatively.  As Miles Davis once said “If anybody wants to keep creating, they have to be about change.”  After 21 years as a still photographer, I’m ready.

Factors in Pricing Multimedia Projects

[by Paula Lerner]

Pricing a multimedia project is not unlike pricing a still photography shoot:  usage is the key factor.  As a parallel example for a stills only assignment, I would price a shoot for photo usage in a hospital brochure or a university view book quite differently than I would price a print ad shoot for a consumer product — different usage requirements fall into different pricing categories.

When writing a project proposal for multimedia, take the usage into consideration when you come up with a base price for the project.  Your Assignment Agreement should spell out what usage is included, along with specifics of how many hours of production time, how many iterations of the feature are included, out-of-pocket expenses, and so on.  Anything above or beyond that agreement incurs additional charges, and this should be discussed with the client up front.  That way if they keep sending you back to tinker with the audio or images, they know that they will incur additional costs and you will be compensated.

Keeping good time logs to track the work you do is important.  I use a simple excel spread sheet to log the total hours I’m spending, and what I spend them doing.  This serves two purposes:

1.    I have records to use to make sure I will bill the client for anything over and above the original agreement;
2.    I have good records to use to estimate the next project.

If you are doing your first project and don’t know how long things will take you, go out and produce a project on your own to get a sense of it.  Yes, there will be a learning curve and hopefully you will get faster as you get more experience (just like with stills), but at least you will have a starting point.

In addition, it is a good idea to find out what it costs in your neighborhood to job out any piece of the project.  This is basic research:  make some calls to production houses or independent producers and see what it would cost to hire someone.  This will educate you as to what the market will bear in your region, and will help you develop a network of contacts should you need help.  Whether you do the production work yourself or hire someone else to do it, you want to make sure there is enough money in your budget to cover it.

Why Multimedia Is the Future of Photography

[by Jay Kinghorn]

As the mobile phone begins to replace the television and personal computer as the primary screen for interfacing with the Internet, and print continues to decline in popularity, this shift will impact the way photographers create photographs. While a two-page magazine spread can contain a rich array of subtle tones and fine details, the relatively low resolution screen of a computer or a mobile device cannot. To have impact on a small screen, a photograph must be tightly composed, cleanly lit and catch the viewer’s attention immediately.

Unfortunately, these small screens remove much of the subtlety that makes photography such a powerful medium. To bypass the limitations of the small screen, my guess is photographers will adapt to the technological limitations of mobile screens by using a series of images to tell a story, instead of relying on a single, all-encompassing photo.

Photographers who take time to rethink their compositions, lighting and visual storytelling options will be better suited to succeed in all mediums, regardless of the twists and turns technology throws at us.