Creative Commons, Friend or Foe?

[by Jim Cavanaugh]

Ask most photographers about Creative Commons and they will likely respond that it is just a tool for people to use images without having to pay for them. At first glance this may seem true. Creative Commons allows people to use photographs and other intellectual property created by others in several broad categories of use. These are broad licenses where creators receive no compensation. This is the part that most photographers see as a devaluation of copyright or “giving images away for free”.

But is it? Creative Commons does offer licenses. They may not be the kind of licenses we want to grant for our work, but they are licenses none the less. What do they do? The facilitate licensing. They provide a mechanism for a copyright owner and an end user to negotiate specific uses and operate with respect for current copyright laws. In essence, the end user obtains a proper license that the copyright owner grants for the use of their work. As long as the user abides by the limitations granted in the Creative Commons license, they may use the image without fear of infringing the copyright owner’s copyrights.

While the current range of licenses available through Creative Commons does not address the licensing needs of most transactions between professional photographers and their clients, it does offer a model to build on. The strength of the model is that it is fast, easy, available and widely recognized. The traditional process of obtaining licenses from photographers tends to be slow, complicated and without standards. However,  the PLUS Coalition has done tremendous work in trying to bring standardization to this process.

Technology has changed the expectations of how users expect to obtain content. Creative Commons may not meet our commercial needs and is geared to specific markets. However it is an important first step in solving the issues on how users of content can easily and quickly obtain legal rights to utilize that content.

Can Creative Commons model be a guide for us to build or utilize new infrastructure to license our work?

Sleep On It

[by Jim Cavanaugh]

Part of being a business owner is dealing with occasional disputes that will develop with clients, suppliers and assistants. Often times the problem will pop up unexpectedly in the form of a terse e-mail, pointed letter or angry phone call. Human nature has us tend to react defensibly to the situation, especially if it’s a complaint or an accusation.

I have found, rather than reacting with the fight or flight response, that I will have a much better perspective on the situation if I have had a day to cool off and sleep on it. A conflict that may seem major when you first learn about it, may seem very minor the next day. So step back, don’t react, sleep on it. Then resolve it the next day with a fresh perspective.

You Probably Didn’t Know, but …

[by Jim Cavanaugh]

I can’t tell you how many of my photographs I have seen used without a license or permission from me. When I find one or more of my images infringed I take immediate action. My first step is to contact the company or person in writing. I lightheartedly call this letter “You probably didn’t know, but”.

The tone of the letter is professional and frank, not stern or threatening. If someone liked my image enough to use it, they may be a potential new client. While I intend to be paid, I don’t want to promote unwarranted conflict.

I let them know that I am the owner of the copyrighted images, that the copyrights are registered with the United States Copyright Office and that they have been used by them without permission. I enclose a copy of the infringed work. I also state that I am giving them the benefit of the doubt and understand they may have not known that they needed to get permission and pay a fee to use my image.

Along with the letter, I enclose an invoice for the use or uses I have discovered. I tell them that I will grant them a “retroactive license’ upon payment of the fee that they would have paid had they contacted me for a license. However, I also clearly state that they must pay the invoice within 10 days and also disclose any and all other uses of my images they may have made. I caution them that if they fail to pay, or fail to disclose other uses I discover later, then I will consider the infringement “willful” and seek full damages allowed under the United States Copyright Act.

In almost every case, this professional, frank approach has brought quick settlement, and in some cases, new clients.

Making Copyright Part of Your Workflow

[by Jim Cavanaugh]

Photographers often cite one of the barriers to regular copyright registration is assembling the submission of images. In the old film days, it was a significant challenge to get physical copies of all your work in an acceptable form for registration.

In today’s digital world it is much easier to assemble a registration, especially if you’re taking advantage of the Copyright Office’s electronic registration or eCO. All that is required for the majority of submissions is a small j-peg copy of each image you would like to register.

Creating these j-peg images as part of your regular assignment workflow will make timely registration much easier. Most Image processing software’s common automation features can be used on large numbers of RAW files or other formats to create the smaller j-peg files.

Here is what I do. On each assignment, I create a web gallery for my clients to review using Adobe Bridge CS4. This web gallery is created from the edited raw files that have had global color and exposure corrections made. Once the gallery is created, I simply copy the j-peg files from the web gallery folder (Resourcses-Images-Large) into my copyright registration folder. At the end of each month, I register all of the images in the copyright folder.

A special note, creating the flash based web galleries in Bridge CS4 deletes all metadata from the j-peg files. I have a copyright registration metadata template with my contact and copyright information that I apply to all of the images.

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.

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.

Are You Communicating With Your Key Business Partners?

[by Jim Cavanaugh]

Most photographers spend countless hours developing and implementing marketing programs, direct mail campaigns, e-mail, web communications and social networking all designed to make clients aware of them and their work.

But clients are only part of your business. What about other key support people like your banker  or your CPA? What about your insurance agent, internet service provider, camera shop, printer, design firm and delivery service? All of these key partners play an important role in your business by providing service and advice. Are you keeping them informed? Are they on your e-mail list? Do they receive your promo pieces? Are they linked to you on social networks?

Make sure they are and let them know what your business is doing. If they understand your business, they will be better poised to advise and help you in their areas of expertise.

Building a Cash Reserve

[by Jim Cavanaugh]

Are you building a cash reserve to get you through future financial tough times? Seems like a crazy question to ask in a tight economy. But it’s something you need to do. It’s simple. Just set aside a small percentage of your fees in an interest bearing checking or money market account every time you receive a payment from your clients. Just 5% to 10%. It’s a small amount out of every job, but the amount will grow quickly. If you put away 10% and have $150,000 in fees in a year, you will have built a $15,000 reserve by the end of the year. Start today!

Are You Planning for the Future?

[by Jim Cavanaugh]

In challenging economic times, our business focus often becomes one of survival. How will we pay the bills due at the end of this month?  How can I get that next job in the door? While getting work and paying current bills are urgent issues, they are not the most important issue.

The truly important issue and bigger challenge is the tremendous change taking place in our industry. We are seeing a massive shift from traditional print publication to web and other electronic delivery systems. While this shift has been going on for well more than a decade, the changes are accelerating at a remarkable rate with the growth of bandwidth and the flood of new digital devices to access content.

We are also seeing a rapid shift from the practice of simply placing an electronic version of a print publication on a web site. We are seeing the evolution of completely new forms of electronic publication designed for greater interactivity between the content provider and the viewer. Social network platforms have grown exponentially in importance for communication. Video and motion imagery are core components for these new forms of publication. And it’s not limited to editorial and advertising markets. A great untapped market is corporations’ web sites, e-commerce platforms and e-communications.

Are you planning for these changes? Does your business plan address the need for education and capital investment in new technologies? Are you exploring the concept of partnering with other creative people to offer more comprehensive services? Are you talking with your clients to learn how they see themselves becoming involved with these new technologies? Are you applying these new avenues of communication in your own marketing?

If you are only reacting to current economic pressures and not spending some time each week learning about and planning how to take advantage of these major changes, you may unexpectedly find yourself looking at a career change, even after the economy improves.