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.

The Four “R”s of Pricing Photography

[by Richard Kelly]

The Four “R”s of Pricing Photography are Relationships, Rates, Rights and Reputation. One of the most valued benefits to my ASMP membership is the relationship I have with my fellow photographers. Not just the chapter meetings or the membership list serves, but real one on one relationships with my peers. I mostly interact with photographers in other markets who do similar work for similar sized clients. The ability to bounce ideas about project proposals and price has proved extremely valuable.

When you are entering an unfamiliar market it is important that you engage fellow ASMP members and other knowledgeable professionals working in that market to introduce you to their customs. It might be a good idea to assemble a business plan for this new market. Traditionally business plans are used to raise capital or get a loan. But they are useful for this exercise as well. For instance, if you are interested in architectural photography, what are the deliverables the client is expecting? What rights do they typically license and what is the range of rates that have historically been paid? Who are your target clients and who is your competition?

When it comes to licensing your copyrights for client projects it is important to research the most common licenses for the market you are working in. There are  major differences between pricing for commercial advertising, editorial and retail uses and even within those areas each photography specialty has unique rights requirements. Another important attribute is that you probably will be working in one of the many micro economies around the United States. Each of these has it’s own pricing factors to consider, which is another reminder that one size does not fit all.

Finally, We want to think that we are all created equal. But photography is a field built around marketing mythologies, unique artistic vision and professional reputation. I don’t have to tell you that there is a big difference between Richard Avedon and Richard Kelly. Especially when it comes to price.

Create a plan, learn the market, and build confidence in your abilities and most important build relationships with your marketing targets, your clients and your fellow ASMP member photographers. There is so much more to photography than pixels on a screen or ink reflecting light on paper.

ASMP Membership has its privileges.

One Project and Three Interpretations

[by Paul Bartholomew]

We deal with all kinds of potential clients and some give more information than others when it comes to projects they have in mind. We have the highly organized person who provides layouts, usage, digital specs and all sorts of very helpful information.  Then we have the person who calls and asks for your fees without giving much info at all.

Most of my experiences tend to be somewhat in between the two situations and I have noticed some interesting things based on what is provided and what I had to ask for. But what about the other photographers involved with the estimate?  What kind of questions are they asking and are they being told the same details?  Maybe, but don’t count on it.  The possibility of three photographers sending an estimate for the same project and coming up with different interpretations isn’t uncommon. We may actually be sending estimates for three different projects.

What can we do to minimize these situations and help ensure everyone in the process is getting the same specs?  Communication.  Ask about the other photographers involved and see what they may have asked about.  Be honest and say that you wish to provide an estimate based on the same information provided to others.  It’s only reasonable to ask such a question.  I’m an architectural photographer so I ask for a shot list, details about special features, usage and snapshots.  I also ask for a copy of the plans and any descriptions or presentation materials they may have about the project.  I’m also sure to check out the client’s website to see the level of work they commissioned in the past.  Learn about the client’s work and their marketing needs and direction.  The more you can gather the better off you will be, but try your best to get the same info as your competition.  We can’t assume.

Once the estimate/bid is sent be sure to follow-up and see what the situation is.  You still have room to negotiate and make adjustments if needed.  If the client likes your work they will try to make the project happen.  Being active and asking questions can only help the situation and show your professionalism.

As a Fine Artist You are Only Selling the Print

[by Thomas Werner]

Whether selling editioned or uneditioned prints at a gallery, store, or as an individual it is important to remember that when you set the price for your work you are only setting the price for an individual print. Mounting, matting, framing, laminating, shipping, or other expenses should be charged accordingly. This may seem like common sense, but we become so excited about selling our prints that “Sure I’ll put a mat on that for your” or “Sure I can mount that, no problem” slips out without our ever asking for additional funds or explaining the additional cost. This is bad business at best, and at worst undermines the value of your work.

So when someone asks you how much it costs to purchase your artwork, remember to quote them a price for an individual print, and to quote an additional amount for each additional request. Other businesses do it, and you should as well. Your art is a personal expression, but the sale of it is business and if you want to gain respect and turn your art into a revenue stream, it should be treated that way.

Recession-proof Pricing

[by Judy Herrmann]

This recession has hit photographers harder than any that I’ve lived through previously and many are working for lower fees than they’d ever consider accepting before.

Past experience has taught me that quoting lower fees during a recession makes it very difficult to bring those fees back to normal when the crisis ends.  Instead, look for ways to streamline costs or scale back the project to meet client budget requirements.

Non-monetary compensation can be an avenue worth exploring providing the client has something to offer that you really need.  Make sure any trades are based on exchanging equal value – you need to receive tangible benefit, not just promises.
If you feel you have no choice but to reduce your creative fee, don’t just quote a lower price.  Instead, communicate the full value of your fee, verbally and in your estimates and invoices, then extend a courtesy discount to bring the total where it needs to be.  The discount becomes an act of generosity – the tangible expression of your understanding that we’re all in this mess together – rather than a new definition of what your work is truly worth.

Get Powerful Info for Pricing Jobs

[by Blake Discher]

When a new potential client calls on the telephone, one of the first things I do is look up the caller’s website.

What I’m looking for are two things:  their level of design sophistication and how they’re currently using photography.  These two bits of information can give valuable clues to what sort of budget he or she might have for photography.

Lack of pleasing design and imagery might be a good indicator that I am talking with someone who has likely not historically spent money for higher end professional design or art.  It might mean they’re used to working with budgets that are small or doing the work in-house.

Ideally, the client’s website makes good use of color, makes use of an attractive font, and it’s navigation is intuitive.  It will also look as if it was created specifically for them instead of being made from a template.

Most of all, I’m trying to determine to what extent they use excellent photography.  Does it look as though they’ve done a lot of it in house using a point-and-shoot with no lighting?  Does it look professional? Do they credit the photographer?

This analysis takes just seconds and can be done during the initial part of the conversation.  If it appears they haven’t worked with a photographer of your skills, you’ll know you have to spend a lot of time talking about the value you bring to the project.  Put another way, you’ll need to convince them that you’re the correct person for the job and worth the money.

Remember, if you focus the conversation of price, the price will likely go down.  Instead, focus the conversation on value, what you can offer that everyone else cannot, the price will likely go up.

Good luck!

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.

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.

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.

Fake It

[by Leslie Burns]

One of the biggest problems many, many photographers face in their businesses is being and acting confident. Just today I was speaking with a client who said, essentially, that he’d rather have scalding coffee poured in his lap than have to talk about himself. That’s pretty typical.

Most photographers (and all creatives) are terribly insecure. And yet we see some who appear totally confident, if not downright proud and even egotistical! How do they do that?

For most, they are faking it.

At least at first. They’re scared someone is going to say “I don’t know how you’ve gotten this far!” or “Who do you think you are?!” or the like (we pretty much all fear that), but they just don’t show it. They act confident, regardless of how they really feel. That is the trick.

Just look up “fear” and “courage” on any of the quote sites. You’ll see that generals like Patton have said that everyone is afraid, including the most courageous. Your normal to be afraid. But you can appear confident and courageous on the outside.

When I speak to groups, people talk about how confident I am. Really, I’m scared out of my shoes, every time. But I chose early in my professional life, actively chose, to act like I was having a great time when speaking publicly and, guess what, now I have a great time. That fear has become like the thrill some people get from bungee jumping or riding roller coasters.

So, what I suggest is the well-worn advice of “fake it until you make it.” Imagine what a confident photographer would do in a similar situation and play the part of that photographer. Wear the clothes (costumes really help, so invest in some great outfits), practice things you might say when you’re alone, and next time you have a big meeting, or show your book, or whatever, fake it.

Afterwards, when your heart stops racing and you are alone, review what worked. Think about how you did it. Don’t focus on any mistakes, but instead celebrate the success. And the next time, it will be a little easier, and the next, and the next.

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.

What is a Professional?

[by Thomas Werner]

A lot of people with guitars can play guitar. The person who plays at the coffee shop is a professional to some, the person who plays at the wedding is a pro to others, the guy doing tours of local or national clubs is a pro to others, and then you have the rock star. The point being that what a Pro is, is often in the eyes of the client or the audience.

The client wants what they want, and in an increasing number of instances they don’t care where it comes from as long as the image works. This goes for editorial, advertising, fine art, video,  and other forms of what we do. This has always been the case, it is just that in the past clients had access to a smaller number of shooters and a different type of imagery was acceptable for public consumption.

So maybe the question isn’t what we think a professional is, that is easy, maybe the question is what does each client think a professional is, when do certain skill sets matter, or not, and what will be the definition of a professional photographer in the future.

Having Confidence

[by Paula Lerner]

There’s a story I sometimes tell about myself when I speak to student groups. Many years ago at the beginning of my career, my husband walked into the room we then shared as an office to find me under my desk. Surprised and bemused, he asked “What are you doing under there??”

I had been attempting to make cold calls to clients, and had gotten cold feet. Rather than face the prospect of talking to people and trying to sell myself to them, I indulged an urge to curl up in a ball and hide under my desk. Eventually I came out, plucked up my courage and started to make calls. When I trusted myself to speak in an articulate manner, I was fine and the people on the other end of the phone were interested in pursuing a business relationship.  The point is that in order to convince others that you’re worth their attention and the money you’re asking for your services, you first must convince yourself that you’re worth it. You will never convince someone else if you don’t believe it yourself, as they will pick up on your cues. It took time, patience and courage to get the rough spots of my presentation worked out, and I made plenty of mistakes along the way. But in the end I learned from my mistakes.  In the end, I was fine because I managed to trust myself, and that trust came through to others.

For what its worth, I have an undergraduate degree in philosophy from a famous ivy league institution (Harvard). Many of the very smart people with whom I went to college were very insecure under the surface (in some cases, extremely so). Some of the most famous, well-respected people I know still get butterflies in their stomachs before they have to present themselves, their work and their ideas to others. Take heart in this, and know that you’re not the only one. The longer you do it, the easier it becomes, even though many of us never get over it completely. Take a deep breath, steady your voice and remember that whoever it is you’re talking with is human too. After its all over you can go collapse in the corner somewhere….

Follow the Lawyers

[by Leslie Burns-Dell'Acqua]

One of the biggest lessons I’ve learned in law school has been to look at both sides of every issue and to negotiate solutions–not as antagonists, but as two “sides” with a common goal. If lawyers can do this successfully, leaving the venom and aggression out of it, photographers and clients can.

« Older Entries