Tradeshow For HDSLR Filmmakers – PhotoCine Expo

It was brought to my attention that Lou Lesko founder of the popular bidding software for photographers http://blinkbid.com recently started a tradeshow for people who shoot video with HDSLR’s called PhotoCine Expo. Looks pretty cool and it’s happening in LA September 25th and 26th. I thought I’d ask Lou a couple questions:

APE: Can you give me a little background and tell me how blink bid came about?

Blinkbid started as “Blink”, but I couldn’t get the URL so it evolved into Blinkbid. As I was directing more commercials, I had less time to do my own photography bids so my producer and I went on the hunt to find easy-to-use software so we could delegate the bidding. There really wasn’t any available so I came up with a design for a work flow and I had a custom database made. After looking at it for a few months we thought that we might be able to sell it as a product.

My accountant thought it was going to be a big tax write off and indeed the first iteration wasn’t ideal, but by version 2 we started to see a few more sales and we started getting valuable input from the community. We went from there to the point where we could give back to the photo community via APA and ASMP support.

APE: Now what about the Photo Cine Expo how did that come about, the timing seems perfect?

About eighteen months I wrote an article titled “Will Video Kill the Photography Star” for Digital Photo Pro magazine. I was much maligned for my opinion that photography and video were going to converge to the point where I got a few nasty emails decrying that my ability to call a trend had atrophied. Three months later, video exploded in the photo industry and I want from ass to prophet over night.

About this time Michael Britt and Tom Stratton saw the same trend as me, and were in the nascent stages of producing the Collision Conference, the first conference of its type bringing together HDSLR video and photography. They saw my article and asked me to speak. Ultimately we agreed that were like minded and so in 2010 we started PhotoCine News and the PhotoCine News Expo.

APE: Obviously you think there’s a big future for HDSLR filmmaking can you give me some thoughts on that?

Ahh the future. I’ve always held that photographers make amazing cinematographers and directors. It is our trained attention to detail that comes from having a single frame scrutinized that gives us an edge. However, there are a couple very valid reasons why photography has always been seen as the red headed step child of the entertainment industry.

The first is beyond anyone’s control. Movies and TV shows have massive audiences which translates into a lot of money for the studios which in turn put huge marketing muscle behind their products.

The second is an issue that I’ve been on evangelistic crusade about for the last year. Narrative thread. In the early days of photographers shooting video I have seen a huge number of vignettes. Stunning imagery in motion like you would expect from a photographer. The downfall to these vignettes is that they have no story. No matter how short your piece it should have a beginning, a middle and an end.

One way to get an easy introduction to the three act story structure of movies is to read “Save the Cat” by Blake Snyder. Snyder goes through visual story telling by offering heaps of examples from movies you’ve seen. If you want to get more existential and learn about the archetypal hero, there is no better book than Joseph Campbell’s “The Hero with a Thousand Faces.”

As far as the immediate future, conveying a story in motion, and the ability to write a treatment are both becoming absolute necessity to landing advertising jobs. Video is now an integral part of being a photographer. The danger on the horizon for photographers are the cinematographers that are looming on the periphery of our stake in advertising world. Agencies only have eyes for those who can deliver what they need. If photographers aren’t in a position to offer video they’ll start looking at the cinematographers, all of whom are reasonable photographers if they put their mind to it.

I’m incredibly optimistic about the extended future. Never before in the history of the visual arts have there been more opportunities for photographers. There are more distribution channels for original work, more ways to monetize non commissioned pieces, and more opportunity to achieve a level a celebrity based on your efforts.

I always like to stick my neck out with a prediction. In the next three years we’re going to see the decline of reality TV to see it replaced by documentaries and docu-dramas shot by photographers. Because there is something about being a photographer that gives you a unique visual perspective that can’t be found in any other discipline.

photocine

Anton Corbijn Directs ‘The American’

If you are a fan of Anton Corbijn and wonder what he’s been up to lately check this out:

Roger Ebert tweeted, “George Clooney’s new thriller is as tight and scary as a war drum. My review is online: http://j.mp/c12rtJ

Scott Pommier – Making The Break

More from my series on photographers making the break. I’ve always wondered about photographers who have very strong work that is from a single subject. I wanted to know how you land your first big commercial job with that kind of specific work. Scott Pommier’s motorcycle photography is a perfect example of this so I asked him a few questions.

APE: Tell me how you got started as a photographer?

cover_twsphoto_devonI shot skateboarding for about ten-years. First just borrowing my mom’s camera and shooting my friends, then shooting for some small local magazines before starting to contribute to magazines like SBC Skateboard, Thrasher and Transworld.

APE: Ok, can you tell me more about being a skateboard photographer? I’m really interested in this because there seems to be a lot of talented photographers in that genre and compared to other sports an emphasis on lifestyle, shooting film, strobes, medium format cameras? What’s up with that?

Skateboard photography, is collaborative. The skateboarders are often performing a trick, solely so that it can be documented. They’re really invested in the process, so as a photographer you’re not relegated to the sidelines. Also, skateboarding magazines have always been driven by the photography, and the editors have tended to be photographers who have continued to allow and sometimes encourage the use of film. So budgets, space in the magazine and story ideas, have revolved around what would make for good pictures, and not necessarily, compelling copy.

Picture 31The medium-format thing is tied in with that and can be traced back to a photographer named Atiba Jefferson. Many photographers before Atiba had experimented with different kinds of cameras. But when everyone saw the crisp images that he shot on Provia with his Hasselblad 30mm lens, the new approach spread like wildfire. And was quickly adopted other action-sport photographers. As an added bonus, the magazines would often run the images un-cropped. So the large square image would take up one full page, and a 1/3 or so of the facing page. The negative space was filled with the copy for the story and a few incidental shots, and the equation seemed to work out about perfectly for the largely photo driven editorial, it didn’t hurt that partial spreads pay a little better than a full page image either.

As for the emphasis on lifestyle, I’m not sure, but I have a few ideas. I guess it’s partially that the photographers and the skateboarders spend a lot of time together both on and off the clock, so they have access that maybe someone who shoots baseball or something like that doesn’t really have. Photographers will go on tour with a group of skateboarders for weeks at a time,–like rock-and-roll photographers used to– and within this specific world, these guys are rock stars. Style and personality have always mattered in skateboarding, many analogies have been attempted, I don’t think any of them have really captured the essence, “skateboarding is an artform,”  “it’s like dance” or “it’s a lifestyle.” It’s not quite like any of those things, but it’s also not exactly a sport. It’s always attracted creative and interesting characters, and that’s always a good starting off point for photographs with some depth and some flair.

Shooting skateboarding is actually quite difficult. I tell people it’s photo boot camp. The bar is pretty high to get your work published, and you have to be able to deliver in any kind of situation. You’ve got a moving target, many times you have shoot a photo that explains the action–you’re shooting a stunt of some kind–so, you need to show exactly how dangerous it is, you need to get the timing just right, you’re shooting in un-permitted locations, so you’ve got security/police to worry about you don’t have much time to setup, sometimes you only have one shot at something. So, there can be a lot of pressure. But you learn how to think and work quickly and how to juggle all the factors that go into making a successful image. It’s a skill-set that translates very well to other kinds of photography.

APE: Cool. Keep going with the career. What happened next?

I got arrested for trespassing while shooting with Ed Templeton. My gear was confiscated and my car impounded. While I was awaiting my trial, I bought a motorcycle. Something I’d always wanted to do.

not-see-max-and-jasin-hug-light

On my first motorcycle trip I borrowed my brother’s fully manual Contax SLR with a 50mm lens, (because none of the cameras I shot with were light enough to strap over my shoulder) and realized how much you could do with a simple setup like that. I had been known for carrying around a lot of equipment, always trying to up the production value of my shots. It felt tremendous to be freed of all the concerns of what lens, what camera, what lighting I should use and to concentrate on making pictures in a much more spontaneous way. That ended being a real turning point.

Initially, I had thought that what I brought to the table as a photographer was the experience I had shooting dynamic action photos. Punchy, carefully composed shots; in short, drawing on my background in skate photography. But shooting the motorcycle stuff so transformed my whole way of working that the action photos I worked on for so many years, ended up being my education in the mechanics of photography and the more stripped-down approach that stemmed from the motorcycle shots is what really defined the way that I work now.

With skateboarding I learned how to create shots, when I started shooting motorcycles, I learned how to find shots.  In my commercial work, I feel like I draw on those two approaches equally. Anyways, so right around the time I was arrested, I lost my retainer with the skateboarding magazine I’d been working for, so I floundered for a year while I tried to figure out what I could shoot to pay the bills. I made a list of companies I wanted to shoot for, and the first name on the list was Harley-Davidson. I googled: Harley-Davidson+ad agency and came up with Carmichael Lynch, went to their website, got a phone number, called the front desk and asked to speak with an Art Buyer (I’m not sure where i’d picked the term up from, but i had very little idea of what an Art Buyer actually did.) They put me through to Andrea Mariash, I asked for her email address and sent her a link to my site, along with a little note about why i wanted to shoot for Harley-Davidson.

harleybook2009_1I don’t know quite what I expected to happen, I think I really just called and emailed, so I could cross it off the list. like, “okay, tried that,” so I wouldn’t have to wonder what might have been. A week later I got a call from a different art buyer at Carmichael about a Motorclothes shoot (Harley-Davidson’s apparel line). I think she was trying to figure out if i was a just a kid, or if I had any real experience on a commercial shoot. I was pretty much just a kid, and I didn’t have any real experience on a commercial shoot, but I faked my way through the call as best I could, and talked about some work I had done for Vans in conjunction with a broadcast spot they’d done. I remember thinking I’d done really well on the call, but in hindsight I totally gave myself away. They had me bid on the job, so I made a frantic call to the one commercial photographer I knew and he put me in touch with a producer, so I could put an estimate together. I didn’t get the job, and I was crushed, but a year later, Andrea called me out of the blue, woke me up actually, and told me that they’d been following me, and that there were some really big projects coming up, that turned out to be brand ads for Harley-Davidson, which were part of a new line of bikes they were unveiling called ‘Dark Custom.’ And that included a catalog shoot and a book project. It just so happened that they’d been looking for someone who shot skateboarding and motorcycles, and when I’d first contacted Carmichael, this new project was just starting to take shape. That the very first call I made to an agency ended up with me being awarded three jobs with my dream client is something that I can really only fully appreciate now, three years later.

Picture 2APE: And if that wasn’t enough your motorcycle images were getting spread around the internet on blogs and your other big  jobs came from clients calling you. Come on, Really?

Yeah, one of the art directors at Goodby found some of my motorcycle photos on a blog and I ended up shooting the Dickies campaign then the same thing happened with Converse as well. For the most part it seems like even with all the re-posting of my images, the photo credits have stayed intact.

APE: Amazing. I feel like I should end this with some kind of “don’t try this at home” warning because this is definitely not the norm but still fascinating to hear about.

D17423_2b_C_Burnout sml

VII Magazine – On The Line

According to a recent estimate by the C.D.C. an average of eighteen American veterans kill themselves every day. That number accounts for 1/5th of all of suicides in the United States.

Photographer Ashley Gilbertson goes inside the Department of Veteran Affairs in Canandaigua, NY where the Veteran Crisis Hotline is located (here).

ontheline

I am floored by the dedication Ashley has shown to this subject. Bravo man, bravo.

The Internet Is Dead

Chris Anderson thinks the internet is dead, this should prove him wrong:

via, C-Monster.net

What Do Artists Need To Do To Be Represented By A Reputable Agency?

This post comes from Betsy Schrader and Rick Rabuck of Current Studio a new artists agency in LA and Paris. Always good to hear another perspective on this topic, because it’s still a question I get once a week.

I receive a lot of emails asking me what aspiring wardrobe stylists and hair and make up artists need to do to be represented by a reputable agency. I’ll start off by saying that there are a lot of misconceptions about what ‘rep’ agencies do and don’t do and why they will sign one artist over another. First and foremost agencies look for artists that have developed portfolios, with published work, that demonstrate that you have a great eye (talent) and an acute awareness of what is going on in the industry in terms of trends and styles. I cannot over emphasize how important this is when you approach an agency.

At our agency, we also look for people that are doing new things – stylists that can make what appears to be a beautiful gown out of a bolt of fabric and some clips, make up and hair artists that have the ability to transform a face or turn hair into a sculpture. In short, we look for new ideas – it’s not enough to simply be able to pull the right clothes, or proficiently apply make up.

Second, agencies look for artists that have an existing client base. And this is one of the big misconceptions about rep agencies. That you’ll sign with an agency and immediately start getting booked. It takes a lot of time and effort on both the agencies and the artist’s part to make the bookings come in. So I’m sure you asking, “If I have a good client base – why do I need an agency”

Here are just a few of the reasons.

Good agencies spend a lot of money promoting their artists, much more than an individual could ever do on their own. This economy of scale is one of the reasons why most established artists have agencies. The collective roster and marketing efforts of an agency provide the individual artist with tools and resources their individual practice could never afford or manage on their own.

Guilt by association. If the roster is top notch, you are perceived as being top notch as well and you’ll be able to get higher rates because of this association.

Good agencies understand brand. Both the agencies brand and the artist’s brand. It’s paramount to both yours and the agencies success – a good agency will help you make decisions that reinforce and build your brand for the long term.

Good agencies are families. The artists work with one another. Clients request a make up artist and the agency ends up booking the make up artist, the hair stylist and the wardrobe stylist as well. This happens 7 out of 10 times. And it’s a win-win for everyone on the roster. A strong roster benefits everyone on the roster (that’s another reason why agencies are reluctant to sign emerging talent).

Good agencies look for more than just a great book. They look at personality, would I enjoy working with this person on set. Are they professional, and well spoken? Do they dress and act the part? Do they understand photography and light? Needless to say if you are a wardrobe stylist and show up to an agency in sweats (unless they are pretty special sweats) you are probably not going to get signed. No matter how good your book and client list are.

Good agencies are the bad guys. So you don’t have to be. They say no to clients sometimes. They argue for higher rates and better terms, they watch the money and make sure you get paid. And they pay their talent as soon as they get paid (which also makes them the good guys).

Another big misconception is how agencies are paid. A lot of artists believe the agency simply takes a 20% fee out of the artist’s fee and that’s it. But no agency, or any viable business of the size that most agencies are, can survive on just a 20% commission. Agencies need to earn at least 33% of fees in order to keep the lights on, maintain the website(s), pay the reps, rent and the multitude of expenses that all businesses face.

So most (not all) agencies have developed systems to increase this margin, in ways without the artist really understanding what the agency is actually being paid.

The most common is by charging a 20% fee to the client on top of the 20 % commission the agency takes out of the artist’s fee. For example if your fee is $ 1000, the agency charges the client $ 1200. You receive $ 800 (66%) and the agency receives $ 400 (33%). There are variations to this, from one agency to the next – some agencies charge for promotion, website updates, email blasts, printing, etc. But all are earning at least 33% or they wont be in business for long. In short it’s important for you the artist to understand what these fees are before you sign with an agency, so you are not surprised later.

So how do you get a reputable agency to sign you? I can’t speak for our competitors in the regard, but I can say we rarely sign emerging talent based on a phone call or email. Almost all of our talent came by way of referral – usually from a photographer, or someone on the roster. Or we found them.

But it’s not really a catch 22.

If you are serious about building a career in this business (and finding a rep) reach out to other stylists, make up artists, photographers and even agencies and offer your services as an assistant, even on an unpaid basis, this usually leads to paid assignments, helps to build your network of contacts and decision makers and you’ll get tear sheets for your book. And then you can go to an agency. Or perhaps they will even come to you.

Also, people are generally much more responsive if you are offering them something than asking for something. Especially reps, because they know that the answer is probably going to be no. And no one likes to say no.

Domino’s – We Don’t Need All Those Silly Tricks They Use In Fancy Photoshoots

Domino’s pizza recently launched Show Us Your Pizza, a website where consumers can upload photos of Domino’s pizza for a chance to win $500 and “the possibility of getting your photo in an ad.” The pizza chain is in the midst of a heavy image remake and this new campaign is a along the lines of the previous one where they issued a mea culpa for years of selling cardboard tasting pizzas. Now they claim to uncover the secret tricks used to make food look good in fancy photoshoots.

Crispin Porter + Bogusky is the agency behind the makeover that is surprisingly unoriginal and similar to the Dove Campaign For Real Beauty created by Ogilvy & Mather that claimed to reveal the hidden side of beauty shoots.

And, while I believe the rules for the contest and offer of $500 for an advertising photo are particularly heinous, nothing here strikes me as dangerous to the profession of advertising food photography. This is a gimmick plain and simple. Careful editing of the submissions allow only the most delicious looking shots to get in and the whole thing is slickly produced by CP+B to make it look like the consumer is now in control.

Because I tend to look on the bright side of things I chalk this up to the ebb and flow of styles in advertising photography and I see an opportunity for photographers who can shoot highly produced images that look off-the-cuff.

Unconventional Photo Books – Meier und Mueller

Meier und Mueller is a new photo book publisher founded by Andrés Marroquín Winkelmann and Jörg M. Colberg. They aim to publish high quality books that are a bit different than the norm. This book trailer gives you a good idea where their head is on this. I’m guessing the German electro music is not included like one of those new Hallmark cards.

Seems to be a new trend of people wanting more control over the book publishing process or wanting to publish books that the big publishers have not interest in (see: LBM). Either way it sounds like progress to me.

“Conditions”, Andrés Marroquín Winkelmann from Meier und Müller on Vimeo.

According to Jörg “Pre-sales start the week after Labor Day, the official sales start in early October.” The book is priced at $49 with special editions that include a print for $90 and a box edition with a large print and nice box to store it for $350. The book will be sold online only except for specialty shops like Dashwood.

Michael Bierut – I Don’t Consider Myself Creative

Michael Bierut is a graphic designer and partner at Pentagram. He worked on the redesign of The Atlantic.

Here’s a great video where he talks about his creative process that I found on The Design Observer. I thought this quote was particularly poignant:

“I don’t consider myself creative. I don’t have ideas that I want to express that I make up myself. I can’t think of any personal projects that I’ve done. I just don’t work that way. The reason I became a designer is I wanted people to come to me with problems I can solve. I know how to do that, I can be creative then. I feel like I’m a doctor and I can’t just practice medicine on myself, so I need patients who are sick, the sicker the better in fact.”

Have I Told You How HUGE This Opportunity Is?

This kind of thing is usually relegated to the lower realms of photography but it’s nice to see Advertising Agency Latcha and Associates would like to include car photographers by seeing if they will shoot samples on spec. From their “Shoot A Sample” brief:

selected photography samples will be presented to the client. upon approval, you will become a preferred shooter for our collateral work. Bottom line: there is a lot of photography that needs to be captured. and shooting needs to begin soon. since the look is very unique, it is imperative that we have the right talent in place to move forward. We will create a talent pool of those who hit-the-mark to then move forward in bidding projects, and in some cases, direct award. also, and most importantly. this is a HUGE opportunity to shoot a look that’s new and fresh. you get to be part of our team – and assist in collaborating and evolving the style of a major automotive brand!

and

We sincerely hope you join us in this sample project. this is a very exciting time to be creative and redefine an agency/photographer relationship. By participating in this exploratory project, you are agreeing to do so without reimbursement from latcha or lincoln.

Nice try Latcha, you didn’t think we’d notice, did you?

Picture 3

UPDATE:

—– Forwarded Message —-
From: David Latcha <dave@latcha.com>
Sent: Thu, August 19, 2010 1:30:52 PM
Subject: Re: FYI Shoot A Car Sample Brief

Thank you for your insights.

1. This information was shared, under confidentiality, to a select group of photographers. When we find out who shared this information with you, that photograper/rep will be banned from ever working with this agency and I’ll make sure that all of the other art buyers in Detroit are aware of their indiscretion.
2. We have no idea who you are or if you even are what you claim. No website? That doesn’t seem professional.
3. You have no idea what is being asked. That is obvious. Professional car photographers are asked by all reputable agencies to produce samples to help define strategic goals. If the photographer has produced a style and a look that works for the strategic creative, and the agency and client agree, then that photographer is then chosen to shoot and produce all, if not a majority, of all of the photographic needs for the campaign.
4. We are not “stealing” shots, these are samples that we are asking for. The brief describes that we are not paying for the exploration, but at the same time, we ARE NOT USING ANY OF THE PHOTOGRAPHY being shot AS SAMPLES for any purpose other than to determine the creativity and artistry that a photographer may bring.
5. MIND YOUR OWN BUSINESS.

David Latcha
Owner
Latcha+Associates
248-482-4505



Interesting because spamming photographers with your proposal does not infer any kind of confidentiality what-so-ever. Also, I doubt this claim that “Professional car photographers are asked by all reputable agencies to produce samples” because I’ve spoken with professional car photographers who thought this was a horrible proposal.

Scion/VIce Magazine Photo Annual opening for 2010

Photographer John Eder files this report from the field:

Scion, the car company, sponsors a gallery space here in L.A. They are slavishly trendy in their curating, and there is nothing trendier than Vice Magazine. The magazine is actually very well written and very funny, and I look forward to each issue, for real – for the writing. Their photography aesthetic, though, is squarely in the Terry Richardson/Ryan McGinley camp.

The show was curated by Jonnie Craig, a 20 something UK skateboard guy who has become majorly successful by more or less aping Ryan McGinley. In fact, Ryan McGinley is a champion of his work. So, this whole show was very homogeneous in the look, even tho it was 20 or so photographers, it ALL looked like it could have been shot by Ryan McGinley. It’s kind of like a math equation, where Johnnie Craig=Ryan McGlinley=Wolfgang Tillmans+Terry Richardson minus sex plus skateboards, kittens, cats, horses, tourist attractions, cigars and scabs (from skateboarding – there were two or three gnarly closeups of abscessed wounds, from different photographers), all of whose root number is Wm. Eggleston. More math in this equation is if you take 1000 pictures with your point and shoot of your friends or your cat, eventually you will get a few compelling frames.livingproofmag

It was good for people watching – loads of 19 year old girls tottering around in stripper shoes and the androgynous L.A. man-children who love them. The guys were actually far more the fashion show here, with a weird, femmy hipster vibe in full, uh, flower – lots of eyeliner, formal shoes with knee-socks and culottes or capri pants, old man glasses and silly mustaches, ironic t-shirts, wallet chains and plaid jackets that are two sizes too small.

Despite all this fashion rebellion on the part of the youth, virtually every conversation I blundered into was about branding and marketing. What was really funny was having this conversation in a group where one kid was so lit on acid and his pupils so dilated that I thought they were going to blow right out of his head. He said he was “tripping balls.” And yet, still, we were talking about branding and how genius Scion is at trend monitoring and appealing to the youth.

Anyway, that’s the report from the front lines of culture and photography here in Los Angeles.

Ask Anything – Live

Going to the PDN Photoplus Expo? You may want to come see Amanda, Suzanne and I put the toughest questions you can muster to an all-star panel that includes an AB, PE, Rep, Photog and AD. The Seminar is Thursday, Oct 28, 2010 – 3:45 PM to 5:45 PM.

If you’ve got a tough question, e-promo example, mailer example, website example or portfolio conundrum it would be awesome if you submitted it to Amanda (amanda(at)sosastone.com) or Suzanne (suzanne.sease(at)verizon.net) before that date, so we can bring it up with the panel. I would be extra stoked if someone made a video question we could present. Actually that might be a good way to show us your promo materials or portfolio.

Not going to the expo? No problem. I’m going to setup some type of live streaming/transcript/audio that will allow you to see/read/hear the questions and answers. Also, you will be able to participate in the discussion on twitter.

Mashing Together Books And Technology

Amazing what people will think of:

via Big Orange Slide.

Ask Anything – Dropping Your Agent

Former Art Buyers and current photography consultants Amanda Sosa Stone and Suzanne Sease have agreed to take anonymous questions from photographers and not only give their expert advice but put it out to a wide range of photographers, reps and art buyers to gather a variety of opinions. The goal with this column is to solicit honest questions and answers through anonymity.

QUESTION:
What’s the standard protocol for dropping a rep? I feel like I’m about to tell my spouse that I’m filing for divorce. I’m almost terrified to do it in person, and I’m not shy. I have been getting an increasingly unpleasant vibe from my agent and I’m just not comfortable with the way he represents me. I want the face of my “brand” to photo editors and art buyers to be someone I am proud of, not someone I’m embarrassed about. I am mostly paranoid that this agent will talk shit on me to his network for dropping him. I know I’m supposedly “their boss” but I also don’t want to burn any bridges either. I’d love to hear from other people on how they went about the rep switch, and about having to pay commissions to the old rep for a certain number of months (is this normal?) after they parted ways. Hearing it from the agents’ perspective would be great too…

Amanda and Suzanne:
We have consulted with photographers and reps around the world and helped them with this very dilemma. Many photographers are looking for agents, here is some insight in the world of having an agent.

ANSWERS:

PHOTOGRAPHER’s AGENT:
I do not think the photographer is a reps “boss.” They should be working together as a team. I do not think you should get rid of a rep or a rep should not get rid of a photographer without first trying to address and work out the problem.

PHOTOGRAPHER’s AGENT:
In my opinion, the more honest and straightforward you are in any relationship, the better. I’ve always maintained that if a relationship is not working for one of the parties, then the relationship is not working! I would question the statement of this photographer, “I’m supposedly their boss.” In 22 years, I’ve never had a relationship where the photographers considered themselves my “boss.” We are partners, and the most successful photographer / rep relationships are the ones in which there is collaboration and mutual respect.

PHOTOGRAPHER’s AGENT:
Ahhhh…the old “to have” or “have not” an exit strategy established before ending a rep/photog relationship.

Sounds like there isn’t one in place here (that has been discussed or possibly in writing). Point that should be
noted for “next time.”

In my experience with three agencies the standard protocol has varied, but typically the artist/rep first has a
“come to Jesus” conversation to discuss “unpleasant vibe” or like topics that either will clear the air with
some ways for improvement i.e see how it goes over the next few months etc. or it’s decided that the relationship
has run it’s course.

If it’s the latter, then an exit strategy should be discussed, put in writing & signed by each of the respective parties.
This can/should vary depending on how contentious or cordial the potential split is.

This allows for clear communication with neither party getting a strong (bullying) upper hand. It’s business.

Points to be included in the exit agreement could include:

o what date the relationship will formally end.
o when & how portfolios/promo-materials etc. are retrieved by the agent & returned to the artist.
o how long the artist will remain on the website.
o outstanding monies owed i.e. artist to rep for expenses are discussed for payment.
o outstanding jobs or existing negotiations are discussed, completed & billed.
o period that after the relationship formally ends that the agent can collect commission on jobs.
(Typically this is included in all boiler plate contracts) but I have seen it range from 3 months – 1 year.
o List (or not) of clients that these monies can be collected from – including reuse scenarios (which is key).

A separate piece of the exiting strategy should involve a written & signed cease & desist about speaking
professionally i.e. not badly about either party (with ramifications) – again, depending upon the tone of the split.
With the growing use & trends of social media, this should also include emails, FB, LinkedIn, twitter, tumblr etc.

While there is always some fall out, I still believe that cream rises to the top but it pays to keep quiet and professional.
Very common practice in corporate America.

Another thought:
Writing an email (artist/rep) that gets circulated by the rep to the artist group, key clients, trade sources etc. briefly explaining
that x&y will no longer be working together. Wish each other well etc. It’s a good PR/political measure that again keeps both parties
accountable & professional.

ESTABLISHED PHOTOGRAPHER:
Dropping an agent should be done respectfully and honestly. The photographer owes the agent time to develop a relationship with potential clients and the body of work. If the agent cannot sell the vision of the photographer it may be a mismatch worth exploring new agents who do have a shared vision of how to market and how to sell that vision. A review of progress or lack of should be discussed and openly analyzed. If it is beneficial to split, I think this should be done gracefully and respectfully. There is no reason to berate or condemn a person when ending the relationship; simply on a personal level it is not helpful or necessary. I would review the contract, agree on terms for termination and gracefully move on. If you can say it don’t write it.

ESTABLISHED PHOTOGRAPHER:
I got some advice from a lawyer friend at the time I started working with my ex agent, “It’s easier to get into a business relationship than it is to get out of one.” Certainly true in my case….

From the description, I have to say though it appears some of the anxiety this person is facing is self-inflicted.

Mistake 1: Working with someone who you’re embarrassed about and feel you can’t trust.

Mistake 2: Working with someone on an extended basis without a contract and / or clear compensation and severance terms.

Mistake 3: Thinking you’re “the boss” of your agent. I think most good reps would view it as they work with you, not for you…. more of a partner in your business than an employee…

ESTABLISHED PHOTOGRAPHER:
There is no standard protocol. It’s a very difficult situation and yes it’s like a break up.
From my experience, be honest, say it’s time for you to move on, and keep repeating that it’s nothing personal. It’s business. Keep in mind that any rep who talks shit about any photographer will reflect more on the rep than you. Those days are over when you can get away with stuff like that. As far as commissions are concerned, it depends on how well or badly the break up goes. If he takes it like a professional then work something out. If he acts like a child, then break it off cleanly and move on.

Remember, it’s your career and an agent represents you. You are in charge not them.

ESTABLISHED PHOTOGRAPHER:
Ending a relationship with a rep is a lot like breaking up. First let’s deal with the money. It is always advised that you get in writing how the commissions will be handled in the event of a split when you first sign your agreement to work together. Splits do happen and getting it in writing makes the split cleaner.

I once had a rep who used to burst into the studio at the last minute grabbing misc samples and tearsheets on the way to an appointment she had set up for another of her photographers, saying she thought it was a good opportunity to show my work. She also tended to wear very loud color clothing and too much perfume. This was really not my style, as I am very organized, prepare my work beautifully, and tend to be understated.

This person, did not “represent” me or my work well, and I ended it after a short time of working together.

In your case, if everything has been handled professionally from the beginning, and you have legitimate reasons for moving on, and have had decent communication along the way, I don’t think an agent would talk bad about anyone who has split with them. It’s also a bad reflection on them to do so, unless everyone knows you’ve been a jerk.

I wouldn’t worry about it, just move on and set things up better next time.

ESTABLISHED PHOTOGRAPHER:
Its happened to me a few times.
Best way to go about is to not get personal- it is like a divorce, but there is no need for either type of breakup to ever get ugly.
Just say you think you have different goals and it’s not working out. Don’t point fingers, or dig up anything from the past (or worse, drag other people into it) just that you think it’s time to make a change.
As far as compensation, if you don’t have a contract commission on any account you’ve worked with while with the rep seems fair. In my case I had an account that shot once a year, and the next shoot fell well outside our parting but I felt the rep was owed that, in the spirit of the agreement, and paid the commission.
Remember that it’s a small community and word gets around, so chose yours carefully and take the high road whenever possible.
If they “talk shit” that is often taking as coming from someone that is bitter, and will only make them look bad. Don’t worry about it.
It is possible the rep will take on someone that does the same thing you do, so don’t sit back and think those clients will have any loyalty. It’s a good time to send out a promo or make some calls and let people know you are rep-less, this will combat anything the old rep might say about you being out of business, and you might pick up some clients that like your work but hated your rep.
I’m still friends with all of my old reps (and ex wives and girlfriends too) and while the relationship will change they call still be a valuable part of your business. Take the high road, do the right thing, and part as friends.

To Summarize:
Having a rep is like being married. It’s a relationship based on trust and respect, but you both have to be attracted to one another (to the same work we mean). Since one of us was a former rep – we know what’s it’s like to have those break ups. Have a GOOD contract in hand and discuss those WHAT IF’s before getting into your relationship with one another (and make sure everything discussed is in writing). Like a marriage or any relationship – they all end eventually – some on good terms (like retirement) and some not so good (death, divorce, infidelity – and yes there is many times infidelity happens in rep/photographer relationships – again “Project Infidelity” we mean). Our favorite line from this is: “If you can say it don’t write it.” If you can openly communicate – you should have a good relationship.

Call To Action:
If you are looking at getting an agent – write a list of qualities you are looking for in an agent. Then when you find that agent, discuss your needs and wants from them – listen to theirs. Then review contract and make sure those items are itemized and documented. Have both of your exit plans clearly stated. GOOD LUCK!

If you want more insight from Amanda and Suzanne you can contact them directly (here and here) or tune in once a week or so for more of “Ask Anything.”

Photography Contests – The Fix Is In

PART 1

I got this question from a reader recently:

I have entered some of the contests but I always get the feeling that they are fixed to some degree. I have talked to other photographers and they feel the same way.

It always seems to be the same people winning over and over again. Particularly up here in Canada where the market is smaller. I’m guessing that its just the luck of the draw and the more entries you put in the more chances you have because sometimes the photography that does win is crappy. For example photos of celebrities no matter how bad they are always seem to win. I’m guessing that judges also know who the photographers work is considering how high profile some of it is.

I know this sounds kind of bitter and don’t get me wrong because I love to see great photography win and I love seeing stuff that inspires me but sometimes… its frustrating seeing what wins.

Yes, I believe the contests are fixed to some degree. I don’t blame the organizers or the judges necessarily, it really comes down to the herd mentality of the photography business.

First, you have the taste of the judges. Many are hiring from the same pool of photographers and even if they are not there’s the simple math that if two judges kind of like something, then they agree and you have a winner. As opposed to one judge loving something and another hating it. That would be the loser. Add into this the simple economics of the photography business where the people in charge, the owners CEO’s, CFO’s and EIC’s, define successful photography as photography found in successful magazines.

Second, you really can’t look at contests as a source of new talent. They really amount to a nice group back slap for another year in the business doing good work.

Celebrity photography is another matter. Not only is it quite difficult to gain access to celebrities it’s also impossible to get them to participate in an interesting picture. Therefore the bar if much lower for me when it comes to celebrity photography. I know many photographers prefer to focus on the technical aspects of a picture but for me subject matter is 2/3 the battle. Access is a huge deal and hiring people who not only are able to gain access but convince people to do extraordinary things was always high on my agenda.

So, while I don’t believe awesome, incredible photography is hitting the cutting room floor I know some really boring stuff makes the cut because of familiarity and subject matter. That being said, I’ve always looked at the results from contests and found interesting photography that I didn’t know about.

PART 2

I got an email from Geoff Smith about a contest called the Canteen Awards that he recently participated in and thought I might like. After reading this statement on the website my interest was piqued:

Naked Judging Exposed: In too many photo contests it feels like the fix is in: the outsiders’ entry fees pay for the insiders’ prizes. Canteen is confronting this feeling head on. We exhibit the winning images alongside the comments of our judges, Brooklyn Museum director Arnold Lehman and photographer Matthew Porter—even when those comments clash.

Geoff, who incidentially was a runner-up in the contest (congrats man) told me that Canteen is a literary magazine published in Brooklyn, NY and he decided to enter because “the entry fee was only $15 and you got your choice of issue of the magazine as well (the cover price is $10).” Now, not only are they publishing the different rounds of cuts in the contest along with judges comments (here), which is unbelievably insightful and transparent. According to Geoff “they published longer versions of the judges comments, essays really, in the print issue (#6, due out Aug. 1).” And, gave him a full page to respond to the judges comments.

If that weren’t enough, they’re having a show at Powerhouse Arena in DUMBO Aug. 4th-29th, called Naked Judging Exposed: The 2010 Canteen Awards in Photography (reception Aug. 19th) where Geoff says “They also put me in the show and they are exhibiting my entire 6-image entry which, for me, is just bizarre and awesome and I can’t thank them enough, but also shows that they are really walking the transparency walk and not just using the trope of changing how things are done as a marketing or promotional device.”

I think we have a new standard for photography contests. Nice work Canteen.

Real World Estimates – Exclusive Contracts with University Clients

By Wonderful Machine CEO Bill Cramer

Though we now work with nearly 500 photographers around the world, Wonderful Machine started out as a small cooperative of photographers in Philadelphia—sharing equipment, facilities, staff, supplies, insurance and know-how. Sharing those overhead costs is great, but it’s even better when we can develop client relationships that we couldn’t tackle individually. (Here’s another recent post about some other photographer cooperatives.)

One of those clients is a single department of a major university with a regular need for documentary photography. I started working for them nearly ten years ago, when their creative director saw my pictures in a couple of magazines and asked me to meet with her. At that time, their regular photographer charged 1800.00/day plus expenses for unlimited use of his pictures forever. But it was clear they weren’t happy with that photographer. I tactfully explained that I price my work based on usage, not just by time. And if they were willing to structure their licensing agreements that way, they could attract a higher caliber photographer (like me).

We agreed on a rate that covered her basic needs, which were local advertising, collateral (internal and external and including web), and publicity (press kits). To keep the fees within their budget, we limited the duration of use to one year. For anything beyond that (national advertising or subsequent use), we would negotiate an additional fee. We worked up a (non-exclusive) contract, which we tweaked periodically.

Then when I started collaborating with other photographers, I saw an opportunity to introduce them to that client as well. The university’s needs were growing. I was growing out of some of the assignments I was getting from them. So I had to figure out a way to incorporate our other photographers into our agreement.

It occurred to me that at the same time, we were in a position to create an exclusive relationship with the university in a way that could serve both parties better. The client could agree to give us all of their photographic assignment work, and in return we would agree to handle whatever they threw at us. The client would have the benefit of one point of contact (our studio manager) when they needed a photographer or a reproduction file. Our photographers would grow familiar with their people, places, and needs. And our photographers would have the benefit of a steady revenue stream. It’s a classic win-win that we’ve all been enjoying for several years now, and generates close to six figures in annual revenue.

You can see the actual contract and a typical invoice here:

And here’s an explanation of each paragraph:

<DEPARTMENT OF UNIVERSITY> WONDERFUL MACHINE INC.
2009-2011 MEMORANDUM OF UNDERSTANDING

Memorandum Of Understanding was what my client wanted to call our agreement. Clients will sometimes say “memorandum of understanding” instead of “contract” to avoid dealing with their own legal departments. It’s debatable whether this makes any legal difference. I’m confident that the clarity of the agreement is what protects will govern the relationship, rather than what we call it.

AGREEMENT – This agreement between Wonderful Machine Inc., (hereafter “Photographer” or “WMI”), and (hereafter “Client”) governs photographic assignments (“Photographs”), shot between August 26, 2009 and December 31, 2011, and constitutes the entire agreement between the parties concerning those assignments.

I like to give contracts expiration dates. Otherwise, whenever you make changes, you have to nullify the previous contract. It’s messy when you work with a client over a long period of time and it’s not clear which contract governs which project.

RATES – WMI will offer Photographers at the following rates:

A – 225.00/hour on site, plus 450.00 start-up fee, plus incidental expenses
B – 175.00/hour on site, plus 350.00 start-up fee, plus incidental expenses
C – 125.00/hour on site, plus 250.00 start-up fee, plus incidental expenses

In order to be able to handle all of their photographic requirements, we need to offer photographers at a range of skills and price points. Each of our photographers decides on his hourly rate. Then the client decides when they need their “A” team for a particular project.

In cases when I charge for my time, I’m usually billing by the day, not by the hour. However, the typical assignment for a university client like this is a couple of hours. Rather than agonizing over whether a project was a half-day or a full-day, I chose to structure it on an hourly basis. This is one of the concessions I made in exchange for a high volume of work.

The Start-up fee will cover normal pre-production arrangements, normal photographic equipment, digital files captured and delivered by web gallery for editing, and image archiving. There is no charge for the first two hours of round-trip travel time. After that, travel will be billed at half of the normal hourly rate. Incidental expenses may include mileage (at current IRS rate), parking, meals (on full-day shoots), tolls, assistants (as needed, 30.00/hour including travel and load/unload time), reproduction file preparation ($25.00 each), file upload ($25.00 for any number of files) and retouching (upon request 150.00/hour).

Charging by the hour only works when you have a suitable “start-up” fee to go along with it. That start-up fee covers the time it takes to do all the things that any assignment requires, no matter how short the actual shoot is.

Subject to availability, WMI will arrange for photographers in other parts of the U.S. and around the world, at the same contract rates listed above. In these cases, WMI will charge a 75.00/hour production fee to cover the staff time required to find and book the photographer, handle any post-production, image processing, captioning, archiving, and billing, over and above the actual photographer cost. WMI will provide a cost estimate in each case, and will alert the client if the anticipated production fee will exceed $250.00.

Occasionally, the client will need a photographer outside of our area. In cases where they can’t justify the travel costs, we arrange to have one of our other Wonderful Machine photographers handle it.

USAGE – The Client will have unlimited use of the Photographs in any medium and for any purpose, except for national advertising, (which will be negotiated separately), for a period of one year from shoot date, with an extension for images shot within that year and used in the annual report for that year. After that initial licensing period, the Client will pay one-half of the comparable Getty price for any further use of the Photographs. (The Getty price will be determined at the time of invoicing using the Getty Images price calculator, factoring in the size and prominence of the image, the type of media, duration of use, and quantity of publications produced.) The Client may print additional copies of any publication without any additional fee provided there are no significant changes to that publication. The Client may use any of the Photographs on their web site indefinitely without additional charge. Any publication the Client sends photos to for Publicity Use may use the Photographs without time limit, provided the Photographs had a current license when they were sent out.

The client uses pictures in lots of different ways, but mostly within a year from the original shoot. So we struck a compromise that allowed us to offer a modest rate for one year’s use, then bill additional use separately. We wanted to meet their needs without giving away the farm. Tying that additional charge to a stock industry standard eliminates the time and energy we’d otherwise have to spend negotiating. Half of the stock rate seemed like a fair discount given that they hired us to shoot the pictures in the first place.

EXCLUSIVITY – In exchange for these discounted rates and extended licensing, the Client agrees to assign all of their photographic work to Wonderful Machine Inc. If another department at wishes to use any Photographs created by WMI, that party will obtain permission from WMI and pay an additional fee to be agreed upon, except where that publication is specifically promoting , and the licensing period has not expired. Inter-departmental image usage under these terms must be accompanied by the statement, “Images used by permission of  <department of university>”. WMI will obtain permission from the Client before licensing any Photographs to any third party.

This paragraph says that they’re going to use us for all of their photography assignments and that the pictures we make for them will be for their exclusive use. (They do have the right to purchase stock photos from other vendors, which they frequently do.)

PAYMENT – Client shall make payment within 45 days of receipt of invoice.

30 days is more customary with us, but they asked for 45.

COPYRIGHT – Grant of any reproduction rights to the Client is conditioned upon receipt of payment in full as specified above. All rights not expressly granted shall be reserved by the Photographer.

This is a subtle but important point. Photographers lose a lot of leverage the moment they deliver pictures to a client. Here, it’s clearly stated that if the client uses the pictures and then chooses not to pay, they’re in violation of copyright, which gives the photographer a lot more leverage to collect. As a practical matter, it doesn’t mean that we expect to get paid before the client uses the pictures. It’s really just to protect ourselves from deadbeats.

CANCELLATIONS, POSTPONEMENTS, RESHOOTS – In the event of a cancellation or postponement of a shoot by the Client or subject, Client shall pay for the time and expenses incurred by the Photographer up to the time of the cancellation. If a shoot is canceled within 24 hours of the shoot, Client shall, in addition, also pay 100% of the fees of any subcontractors booked for the job.

As I’ve mentioned in previous posts, cancellation policies should be exercised with care (think about the last time you canceled your dentist appointment.)

INDEMNIFICATION – Client indemnifies and holds the Photographer harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from Client’s use of the Photographer’s work.

I’ve never had a liability situation come up, but you never know. I think it’s reasonable for photographers ask for this protection in cases where they could be exposed to a law suit as a result of a client’s negligence. In the same way, it’s customary now for clients to ask this of photographers. I checked with our insurance company to make sure we were covered for it.

AUTHORSHIP CREDIT – The Client will provide a credit in the name of the Photographer whenever practical.

Often, it’s not practical for a non-editorial client to credit photographers. But in cases like a brochure where graphic designers and printers are often credited, it would be reasonable to credit a photographer as well.

TURN AROUND TIME – Normal schedule for web photo gallery or final file preparation is 48 hours. There will be a 50% surcharge for 24 hour service, and a 100% surcharge for same day service. Client will place all orders by email and also call to advise of any rush orders.

I charge 25.00 for a reproduction file prep for an editorial or institutional clients, which is relatively nominal. (I typically charge 50.00 to corporate clients and bundle the file prep charge into the retouching fee for advertising clients.) The rush charge keeps me sane and keeps clients from expecting everything immediately.

TEAR SHEETS – Client will provide Photographer with two entire copies of any publication his Photographs appear in.

Tear sheets are often good for my portfolio and they help me track usage.

If you have any questions about this contract or any others, please feel free to contact our lead producer Jess Dudley at jess@wonderfulmachine.com or 610.260.0200.

Treesaver – Porting Magazines Online Just Got Easier

Wow, Roger Black is at it again. After releasing the controversial magazine and newspaper design templates Ready-Media he’s got his hands on a platform for publishing content online that will automatically adjust the layout to the size of the screen. With the recent announcement that Kmart is selling a 7 in. tablet for $170 bucks and the Android OS being sold in every size and shape of phone available the hand made rigid templates media companies use to publish content online are looking to become a very costly portion of the bottom line. In comes Roger with Treesaver to save the day:

Adaptive Page Sizing Demo:

Continuous Reading Demo:

Bring Polaroid Back, Some Said It Was Impossible

Did you know that The Impossible Project was successful in bringing Polaroid film back? Here’s a commercial to get you fired up: