Month: February 2010

Taking The Rest Of The Week Off

cheers.

rob

Vincent Laforet Goes Beyond The Still

I was talking with Vincent Laforet about the contest he’s working on with Vimeo and Canon called “Beyond The Still” (here) and I decided to take the opportunity to interview him about his own transition from newspaper photographer to Hollywood commercial director. I was as big a skeptic as any when Vincent released “Reverie,” the first short photographed with a 5D that read more like a cologne commercial, but the list of elite DP’s who’ve volunteered to judge this contest has me believing people are really embracing the new technology and running with it. I give it up to Vincent for being on the tip of the spear with where this is headed and bringing his professionalism and sense of community with him.

APE: How long ago did you move to LA?

I moved in June of last year. With my wife newborn daughter and 5 year old son.

APE: Are you a filmmaker now?

I would call myself a commercial director slash photographer slash DP.

APE: How much photography are you doing now?

I’d say 30% at most, all commercial. I’ve had 2 editorial assignments in the last 16 months. Michael Jackson’s funeral and Obama’s Inauguration.

APE: Tell me about reinventing yourself. You were a big editorial photographer, you shot the summer Olympics in China and worked for the NY Times. You got started as a newspaper photographer right?

Sure, I got my start when I was 15 working for photo agencies such as Gamma and Sigma in France then the US. Then wire services in the US and then I worked for the NY Times for 6 years. So, yes I was an editorial guy through and through until roughly 4 years ago when I decided to jump into commercial photography.

Then about a year and a half ago the Canon 5D MKII came out and I was able to get my hands on it. That was probably the most important career-changing self funded shoot that I will likely ever do.

APE: You basically chucked everything and live in Hollywood now?

Well, I live in Manhattan Beach which is a bit of a different spot than Hollywood is, and I’m not looking to become a feature film director, but I am working as a commercial director.

APE: Way back when was this a part of your career path? Was this a goal of yours?

Film was always a part of my past. My father was a set photographer and my biological father was a director who filmed Emmanuel.

APE: Ok, so it’s in your blood.

I guess you could say that it’s always been in my blood. I could have gone to film school or journalism school – I got into Tisch at NYU and USC but for some reason I chose journalism and chose to pursue a degree in print journalism at the Medill School of Journalism at Northwestern University.

APE: Because, you’re like all kids and you do the opposite of your parents.

I wanted to tell true stories and discover the world for real, that’s what the draw was and that’s why I fell into photojournalism. I saw the way people were treated in the commercial/film and that was a bit of a turnoff back then.

APE: Right, you wanted to find your own identity and voice. Do you have formal training as Cinematographer, Director or Producer?

I didn’t go to school for it but I’ve been managing my business and setting up shoots since I was 15 years old. I paid my way through college and have always been focused on that kind of minutia. The hardest part about going into filmmaking for me was learning the difference between cinema lighting versus photography lighting or continuous light versus strobes – many of the principles are the same – but the equipment is very different. The 4 years of commercial photography experience and the almost 20 years of editorial photography helped better prepare me for the production issues and taught me how to frame an image and work on larger productions. Had I jumped straight from editorial into film I probably would have fallen flat on my face.

APE: I ask because I think a lot of people in the news photography business may be looking to reinvent themselves and you’ve done it. You told me you’re as busy as you’ve ever been.

I’ve never been this busy – and frankly I hate saying that publicly because I think it sounds obnoxious – especially given that the economy is still recovering. That being said it’s true, I think it’s a combination of the economy starting to revive and I think there are fewer photographers out there now who’ve made it through the last year and a half. Also, being, as you said, “on the tip of the spear of this technology” likely plays a big factor as well. Many of jobs coming in are looking to maximize the benefits of this new technology. Clients are looking for new ways to pull off a high quality end product – with budgets that have of course been impacted by the economic change we just went through. The new technology is allowing us to bridge that gap.

APE: Yeah, they’re all going “ok, who can we hire to shoot the DSLR video for us?”

It’s been a very interesting few years – Shane Hurlbut (DP for Terminator Salvation), Rodney Charters (DP for 24), Phillip Bloom (Director/DP in the UK) and I have fallen to the forefront of being the pioneers for the new technology. I think we were simply the early adopters who really put a lot of time and energy into making HDDSLR filmmaking work – we’re all put a lot of time into making this new breed of cameras come close to performing the same things that one would expect from a motion picture camera.

APE: What’s the terminology someone would use if they’re looking to hire an expert with the new technology? “We need…”

They would likely say that they need someone who’s an expert in the new hybrid Canon cameras – or HDDSLRs. Or they simply refer to he Canon 5D MKII, 1D MKIV, or 7D cameras directly.

APE: And why do they need an expert in the first place?

Because these cameras are not built to do what they want them to do. I’ve spent a year and a half now with some of the top camera operators and manufacturers in Hollywood building a system around this camera that basically allows it to do what you would do with a professional cinema camera.

APE: You’ve basically turned it into a regular movie camera. And what’s the advantage of using this over a movie camera? Cost?

Compared to RED camera for example, an HDSLR production can come in at half to a third of the price. Because of the weight of the camera, it’s sensitivity to light, and the support systems– you don’t need as large of a crew and it’s also significantly faster to set up and take down (again related to weight and size). And, it can look better in certain instances. These cameras shoot on a full frame sensor and they are astonishing in low light. Nothing comes close to it in low light. Another key factor is that these cameras can better take advantage of available light like few other cameras can – this means that you don’t necessarily have to bring in cube trucks full of lighting equipment in some instances – and obviously lighting is not only a big line item in any budget – it also contributes to more than a 1/3 of production day in terms of pre-lighting etc. That being said – and this is important: there is no substitute for good lighting! These HDSLRS just allow you to get away with a LOT more.

APE: Yeah, so you’re basically nocturnal now?

(laughs) You don’t want to take these cameras out to shoot bright sunny days, that’s where the Red camera will destroy the HDSLRs. But, indoors, offices, in difficult lighting the camera excels. So much so I have a 26 year steady cam operator/DP/Director, who has shot the same location we shot with this camera on “Nocturne” with this camera as he did with a high end Hollywood productions and it looks better – it looks better because it’s real. He was literally shocked when he saw the results. With no lighting. To reiterate – if the natural light is great – you can get away with murder. If the light is bad, it’s bad period. What these cameras allow you to do is to shoot in much lower levels of light – light that you once thought was impossible to shoot in. It does not turn bad light into good light.

APE: So, the technicians are probably really buzzing about the camera and word is spreading like wildfire through the industry?

This camera is not the the be all end all of cameras. There are some clear problems with it. But, besides the problems people are still gravitating to it. I can’t tell you how many commercials I see on TV that have been shot at least partly with a 5D.

APE: Let’s talk about this contest you’re doing. The first round of winners was announced on Saturday. You’ve got an incredible group of judges. How did you get DP from Titanic and the Producer of Star Wars to be a judge in the contest?

They’re all people I’ve met in the last year and a half.

APE: That’s got to be a huge turn-on to entering the contest. So, what’s the idea behind doing the contest in 7 segments?

I didn’t want to do just another film contest. There are so many of them. I wanted to try and not only leverage the new technology but also the power of social media and creative media over the web. Having people participate across the country in creating a film that has 7 chapters with interconnecting images. Who knows where it’s going. I have no idea what the final film will be like.

APE: Yeah, that’s going to be cool. Note: Anyone who’s interested in entering there’s 6 more chapters you can enter. See and vote on 5 finalists for chapter 1 (here).

APE: How does the future look for still photographers shooting the hybrid cameras?

I think we’re all going to have a very interesting next few years as still photographers. I think there’s tremendous potential for people out there who have an open mind. Not everyone needs to be a born-filmmaker. I’m not worried about photographers making transitions into video, or their unique version of how stills can transform into video. The only thing that worries me is that publications have a lot to figure out. The time it takes to pre-produce, shoot, and edit video is easily 2 to 4 times more time consuming as a still photography shoot. The gear involved is also significantly more expensive as well. And right now I don’t know that publications are ready to help defray any of those costs. In fact it seems that they want photographers to shoot both stills and video, for the same price. And, that’s not going to be sustainable for anyone, for more than the first assignment.

Once the photographer and even the editor, sees how much work is involved, I hope they will find a way to re-adjust. This clearly won’t be easy given the economy of print… but it’s something that needs to be discussed thoroughly. While you can’t expect photographers (or want them to) produce Hollywood quality pieces, you can’t forget that the audience is used to seeing Hollywood quality work on their television, so we need to make sure that we produce something that is either unique enough or at least good enough to hold their attention. One thing that will never change: people will always gravitate towards original and/or quality content.

Our Industry Talks A Lot About Ideas.

But at the same time, we have allowed the emphasis, the value, and the fundamental business model of our industry today, to shift away from ideas and to focus predominantly on execution.

A lot of lip service is paid to the value of ideas, but agencies are often primarily regarded as executioners and, in that regard, purely as suppliers. In the future, suppliers will be valued less and less and squeezed more and more. It is idea generators who will be most valued – because “ideaspeople” create the greatest value, across every industry sector, not just our own.

via scott goodson’s writings .

Ethan Hill On Photographing Roger Ebert

A reader asked if I would query photographer Ethan Hill about his recent shoot of Roger Ebert for Esquire. You can read the story on the Esquire website (here) and Roger’s reaction on his blog (here). I asked Ethan to describe the assignment, preparation and shoot:

It was a lucky set of circumstances that I was able to do this shoot at all. I had a slow year last year like just about everyone did and had embarked on what was for me a pretty aggressive promo campaign to try to generate some new work. I think it was the right combination of timing and subject matter of the images on the mailer that I was able to do this shoot.

The difference between the portrait of Roger and most of the other editorial stories I get to work on was the obvious level of sensitivity that was required to how Roger and his wife would feel about having cameras in their home. I had a long conversation with my editor about what Esquire was looking for in getting out of the portrait and also a long conversation with the writer. Chris [writer] had spent two days with Roger and was able to describe the layout of the house, what the rooms looked like that Roger spends most of his time in, what some of his daily work routine’s are….descriptions of things that would be possible picture ideas. It was obvious to me that Chris had a great amount of admiration and love for Roger, and had come away from meeting him a changed man himself. The best stories you get to work on do that to you. What was different about this shoot was that I got to have such an in depth conversation with the writer prior to the shoot, and the feeling of care and protection that he has for Roger, the desire that the shoot with a photographer he’s never worked with before go smoothly was palpable. I personally find that level of admiration for ones subjects infectious. I already loved Roger….I’d watched his program with Gene Siskel on TV when I was a kid….but both Chris’ and Michael’s [my editor] enthusiasm just made me want to do this better than usual.

As far as just the nuts and bolts go…a date was set with the editor. After having the conversation with Chris I had a list of specific things to look at [for example, the library, the office, the living room, etc.] when I arrived at the house. I had a brief conversation with Roger’s wife on the phone about a week before the shoot was going to happen just to address any concerns that she might have. The shoot itself was done like any other shoot I’d do. I’ll look around and put a list together that I approve with the person I’m photographing. I find the list a helpful thing to do because it serves as a map for the day everyone involved knows EXACTLY how the shoot will go. I set up a shot with my assistant standing in place, and then I’ll go and get the person who is the subject of the piece to step in front of the camera. I’m slow on the set up but fast when I actually shoot, so I find it helpful on a day where there are many set ups [I think we did 5 with Roger] to try to leave people be as much as possible so that they can get their own work done while I set up the next shot. It allows you to stay and shoot longer and not have your subjects get irritated with you.

The pictures are only as good as the elusive dance of a subjects willingness to give something intimate and meaningful of themselves, and a photographers ability to recognize that at that very moment a gift is being given to them. Roger is undoubtedly a very generous person. It’s strange to me to think about being in Chicago in December, and drinking coffee with Roger and his wife, and the snow that had started early that morning that would make us miss the flight back home that we were meant to be on that same nite. This one in particular just felt like a personal shoot, something I was working on in collaboration with Roger, Chris, and Michael. Then the story runs and it takes on a life of it’s own….Rogers fans get to hear from him again and people have opinions and it becomes much bigger than that quiet snowy afternoon. I just feel really lucky that I got to be a part of this.

Ebert-hill

What matters to me is to find the quality in the subject that makes it extraordinary or unique

You know, I will often say, “I like this image.” And Indrani will say, “Well, what is it that you like about it?” And my answer will be, “Well, I just like it.” That’s an egotistical perspective, and she points out that it really doesn’t matter what you yourself like. It’s important to analyze who you’re trying to reach with the image.

via PopPhoto.com.

UK Close To Approving Orphan Works

Several readers alerted me to The Digital Economy Bill (here) in the UK which contains Orphan Works language that “will allow the commercial use of any photograph whose author cannot be identified through a suitably diligent search.”

Photographer Simon Crofts has a post about it (here), where he says:

“The Government’s idea is to take control of licensing and pricing of orphan works away from copyright holders and give it instead to one or more central licensing bodies.”

Hopefully it can be stopped, but judging how things have been going for photographers over there it doesn’t appear the government cares much for photographers.

UPDATE: From a reader.
http://www.copyrightaction.com/forum/uk-gov-nationalises-orphans-and-bans-non-consensual-photography-in-public?page=1

I know it’s a bit of a long read but the salient points are that in the UK new law:

1) Enacts orphan works without any definition of a. what constitutes an orphan work and b. what a reasonable owner search is
2) Makes it a crime to photograph in public if *anyone* who appears in the image objects to their image being taken!

WOW. WTF UK.

Ask Anything – Should You Tell Your Clients If You Are Pregnant Or Have A Life Threatening Illness?

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.

If a woman freelance photographer is pregnant and wants to continue working, how should she proceed? I’ve been told by many NOT to tell your clients as they will take you off the call list for a while. Either thinking that they are doing you a favor, figuring you don’t want to work, or thinking they are protecting you. A couple said it wouldn’t effect them, but it seems the majority think it’s not a good idea. In relation to this, is there a difference between editorial clients, corporate or commercial clients, private clients, etc.? It seems when the male photographer announces he is expecting, everyone is excited and wants to give him work for his family but the female photographer, because she’s the one carrying, gets the congrats, but not the work. Are there other experiences out there?

Amanda and Suzanne: So we reached out to our contacts and got their advice–we went to women art producers, women photo editors, women photographers and women reps. We started to get some great responses, but it got us thinking about a deeper topic-a life threatening illnesses. I (Suzanne) was diagnosed 7.5 years ago with breast cancer. I thought it would be good to have the support of the community, so I told everyone, but what I didn’t realize is that while folks were supportive, my consulting business dropped and it took me over a year to rebound. I did have cancer assurance, AFLAC, and that helped me pay some of my bills. But the financial strain of getting ill and having months of treatment with very little work, made me wonder, should I have told. So I reached out to friends who have faced the same thing and furthered the discussion by asking, “Should you tell clients when faced with a life threatening illness”?

Pregnancy

Amanda:

When I had my baby 9 months ago, my business slowed down, as well. My clients were very cautious to not to bother me. It took 3 months to pick up to the pace that I was used to (of course I was uncomfortable with this considering the economic climate). My advice is to be open about your situation as my clients were thrilled to be part of this exciting time for me and they were eager to get back on my calendar at the first opportunity. It is definitely easier being able to look back and see what worked best for you at that time, so listen to your gut and do what is best for you at this moment. I am an eternal optimist and believe all will work out as it should (even when it seems as though the light at the end of the tunnel is non-existent or dim).

Established Art Buyer/Producer #1

As an art buyer, past clients, creatives and I never had any hesitation hiring pregnant photogs. Perhaps if I knew someone was working a week or two before their due date, I would be a little cautious.

That being said, I would never begrudge them for not telling if they felt it would influence them negatively. As you said, some people say it’s not a good idea probably because that was their experience.

As any shoot goes, there is always a chance of some emergency. A male photog would probably not set up a shoot on his wife’s due date as well.

I think we need to hope that when you hire a professional, they will come through for you. If for some reason, something goes wrong that was their doing, I expect them to correct the mishap.

Established Art Buyer/Producer #2

This is no different than when a woman applies for a job at a company. The company is not allowed to ask if the woman is pregnant and she is not required to disclose it unless her pregnancy is a detriment to the job she will be performing. For example, if she is applying for a job at the Fed Ex loading dock and she cannot lift more than 5 pounds, she would not be able to perform the duties of her job.

Unless the pregnancy will affect how the photographer does her job, then there is no reason to disclose it.

Established Art Buyer/Producer #3

When I was working, as a Photo Editor, And I would hear a photographer was pregnant and it really wouldn’t effect my decision to hire them. If I needed them to travel then may It did a little bit only because if they were far along putting them on a plane might not be feasible. But if I wanted to hire them I would ask them rather then making the decision for them. A pregnant photographer doesn’t have anything to do with their talent! So to me, it doesn’t make a difference!!

Established Photo Rep

Several years ago, I represented a photographer through her pregnancy and there wasn’t any negative impact on her work. She was actually shooting a job for the San Francisco Opera right up to her due date.

Established Female Photographer #1

I think the relationship you have with the client matters much more than what sector of the market the client works in and the way we handled this reflects that. For long-term clients, we were very open – we knew that they would want to share in our excitement and that it wouldn’t affect our working relationship negatively. In fact, we felt that keeping the news from them for too long would do more damage – imagine working with someone closely and finding out that they kept that kind of news from you.

Now, in that initial conversation, we were very careful to stress the fact that I’d continue to shoot up until I went into labor and that we had lined up a photographer we trusted to handle any projects that might come up while we were actually in the hospital. So our clients knew that no matter what happened, continuing to assign us work wouldn’t place them at any risk.

We did not raise the issue with new clients until the third trimester as up to that point, it was really a non-issue – we didn’t have enough of a relationship for them to feel one way or another about it personally and it had no impact on our ability to get the work done. When booking projects for the latter half of the third trimester, though, we did start telling people our due date and explaining that we had a photographer lined up to step in if I went into labor. We felt that we had an ethical obligation to give people the option to go elsewhere if that made them uncomfortable. Most people didn’t seem too troubled. Our daughter was born December 28th so my last shooting day was about a week before she was born but that had more to do with the holiday than my pregnancy.

Established Female Photographer #2 (Expecting)

Ok, so I only have a few thoughts about this one … since I am not really sure what to do myself.

So far – I have been keeping pretty quiet about the whole thing. I have been feeling pretty good during my whole pregnancy, so in that way I feel that I have been very lucky. But now, I’m at the point where when I show up for jobs and it’s pretty obvious – I just entered my third trimester. I have been telling clients (all types) after I book jobs but before the job itself, I put it out there while finalizing details of the shoot. I will also mention that being pregnant isn’t affecting my work – which is true, at least for now. That way if a client feels uncomfortable with a pregnant photographer, he or she has time to make other arrangements. The last thing I want to do is show up and have somebody worry that I can’t do the job. I also think that if I show that I’m not too worried about it, they shouldn’t be either … right?

But for the jobs where I know the I won’t see the editor or art director face-to-face …. I haven’t mentioned it at all. I figure that if it hampers my ability to do the job, then I’ll mention it. But if it isn’t really affecting my work – then it really doesn’t matter. If I had some other impairment that wouldn’t affect my ability to do a job – like a cold or my car was in the shop – I wouldn’t mention it either, but find a way to work around it. I kind of feel like this is similar.

For the most part my clients have been just fine with the whole thing. Many have been very sweet about it & encouraging. But then again – this is all new for me. And honestly – my biggest worry is taking off time after the baby is born — I know I am going to have to take time off and turn down jobs … I just hope my clients call me when I’m ready to get back to work.

Established Female Photographer #3

Sorry, my 2 kids are adopted

I can’t really weigh in. My gut says, don’t tell anyone in the bizzzzzzzzz. I never tell my clients that I am on a 5-week holiday, they don’t need to know

Established Female Photographer #4

Working while pregnant: I went ahead and told a few people early on and that news quickly spread around town. It didn’t seem to hurt too much on the front end, I did still shoot some assignments, and I even shot one assignment on location with 5 days to go. My client was concerned but hung in there with me.

And I found myself on a plane with an eight week old and an art director for an out of town shoot. People were still hiring me to do work when I was pregnant, and even shortly after the baby had been born.

I had two kids pretty quickly together and things became much more difficult for me mid-way through the pregnancy. I stopped showing my face at events and social functions, and completely backed off of my marketing efforts. At the same time my phone became ominously quiet, and did not begin to ring again until I made a very concerted effort to let people know that I was back in the game again.

That time out resulted in some of my regular clients establishing new relationships that to this day remain hard to rebuild.

My clients are primarily buyers and art directors from advertising agencies. Kids or no kids, I think my story is a testament to the fact that if you are not consistently reminding your clients that you are out there, they will forget about you and you will quickly be replaced by someone with a more aggressive marketing plan.

Life Threatening Illness With Treatments

Established Photographer #1

I wrote a letter that I sent out to loyal clients. Clients I had worked with for years. People I considered friends and trusted. I let them know what was going on and how I was doing. I was upbeat and positive and told them that I would beat this disease. I kept them updated throughout the process.

Several clients adjusted my shoots to fit my schedule around chemotherapy. Several postponed shoot until after my treatment had run its course.

I choose to not tell several clients including a national level magazine that I shoot for fairly often. I shot a major photo essay for them two days after receiving my first chemotherapy treatment and was maxed out on Prednisone. Two months later I shot a six-day story for the same magazine after finishing chemo but before starting radiation. They never knew until afterward.

The friends who faded away while I was sick and the ones who came closer surprised me. The clients who stuck by me have my loyalty till the day I die.

Established Photographer #2

Another photographer is currently dealing with this situation and has realized it is best NOT to tell anyone even their clients. As freelance people it is really scary to face not only a life threatening illness but the chance or lack of income.

Established Art Buyer/Producer #1

My answer to this question and anything similar is that a professional needs to know when they can perform a job based on their past experience and their portfolio.
Who are we to judge if a photographer is pregnant or has cancer is less able than a perfectly healthy photographer who had too much to drink (or whatever) the night before a shoot?

Established Art Buyer/Producer #2

That’s considered personal information unless it impacts the work.

Please Support One Of Our Own

Facebook – Give It Up For Loni Page

Here is her story:

“I was diagnosed on July 13, 2009 with a very rare form of cancer, and have been unable to work since then, unfortunately. But, I have a lot to say on this subject. Unlike some, I decided to fully disclose my circumstances (after debating about it for a time) to my community, including my clients. I do not regret my decision. If you’d like to talk, I can elaborate on why it was a great decision for me. Our photo community has restored my faith in humankind! …”

Loni was going to write more but the recent round of chemo has taken away a lot of her energy and required her to be admitted to the hospital. I (Suzanne) had the pleasure of interviewing her and getting some pointers to convey on this subject. She decided to trust in the generosity and support of her clients, as well as the photo community to understand her circumstances. She does not regret her decision, as the community, and especially her regular clients, have supported her beyond her wildest expectations.

As soon as she was ready to go back to work, they were there for her, with handpicked assignments that were appropriate for her energy level and physical limitations.

She truly feels that her trust in the community, gave the community an opportunity to trust her. She built her reputation over the last 25 years on honesty and never over-promising. She has been adamant about not taking assignments if she didn’t feel she would be able to deliver the job based on her high standards, as well as the standards her clients have grown to expect from her.

Because of her positive attitude, her friends and family have gone way above and beyond the call of duty to establish the “Give It Up For Loni” fundraising effort, which has produced some overwhelming results, not only financially, but more important, emotionally. The moral support has been invaluable.

Loni says, “The realization of the importance of friends, family and community caused me to begin to conceptualize about the yet-to-be-named “Foundation” which we hope to have launched by mid- summer 2010.”

Please see the web site, and especially the “Personal Message From Loni” to learn more about the idea and how it came about.

http://www.giveitupforloni.com

Many thanks,
Amanda & Suzanne

To Summarize: Coming into any personal situation like this puts you into protection mode. How can I take care of myself, my health, and business (maintaining existing clients) at the same time? We have all learned from personal experiences and from the generous insights above that you have to do what feels right for you and your clientele. To tell or not to tell, that is personal. But the number one thing we hope you take from this is to take care of yourself and your health and the rest will follow suit. But to be safe….MARKET THE HELL OUT OF YOURSELF while pregnant and during your maternity leave or while you are going through something deeply personal – so when you are ready to pick up the camera, clients will be ready for you. And the best worst case scenario – if the client calls while you are in labor, we would rather you be able to turn down the job, then not be offered it all.

Be well, happy shooting and safe deliveries

Call To Action: Please check out “Give it up for Loni” because she is not out of woods, she has a long journey ahead of her. We are all in this world together and sometimes our fellow man needs a little help.

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.”

Publishers Need To Put A Premium On Content

Now, I ask you—the publisher—whether you’re devoting enough corporate energy, resources and financial backing to your editorial staff in order to actually produce an indispensable editorial package? If the answer is yes, then why are you charging so little for such a valuable product? Ask the Economist how it feels about its edit and its worth. Why do you think it can charge a premium and you can’t? What makes it so special? You guessed it—its edit is worth that price, or so the reader believes, and that is all  that matters.

The answer to the publishing industry’s woes is to provide something worth paying for. For far too long we have been lured with the easy money and wicked ways of our advertising mistress. Well, in the past few years we got dumped. And it hurts. But I say we pick ourselves up out of the gutter and find our self-worth once again. Stop firing the editors and writers, and start paying for the production of excellence. There is no other choice.

via Publishing Executive.

The photographs are blurry, skewed, badly printed and in terrible condition

“If you want to be famous, you must do something more badly than anybody in the entire world.”

via Miroslav Tichy – NYTimes.com.

Printed Portfolio Videos

Here’s something cool over on Wonderful Machine again. They’ve got a handful of their photographers printed portfolios as videos on their youtube channel (here). Very cool for anyone wanting to see how books are put together and not a bad idea for reminding an AB or AD of a book they liked.

Time Is Running Out on Legacy Media Brands

Old media, even highly focused old media, simply cannot keep up. Look at almost any vertical and the story is the same: There are huge discrepancies between offline reach and online visitors. Too often the legacy publisher continues to think about the brand’s Web site as an extension of the base product and therefore something smaller in reach and ambition than the mother ship.

via AdWeek..

Negotiating The Editorial Contract

Bill Cramer has an excellent piece on negotiating an editorial contract with a new client over on Wonderful Machine (here).

It’s pretty amazing that people starting out on the publishing side know so very little about the appropriate terms to include for hiring photographer. Inevitably it starts with boilerplate language handed to them from some well meaning lawyer looking to protect the company but you got to wonder why companies think they need all these rights and all that protection in the first place. It’s not like there are examples where the lack of an indemnity clause took down a media company or the lack of all encompassing rights prevented them realizing their true profit center, selling mouse pads with cover photos on them.

When starting a new job photo editors have a couple big hurdles to sort out if they want access to the high end talent of the industry. Your rates and your contract are deal killers on all but the biggest of jobs. I’ve never had a problem raising rates after starting a new job but I always ran into insane roadblocks with the contracts. At one company I worked at they had such a lock down on contracts that any changes had to be run by a very busy lawyer who was in charge of multiple titles. And, they refused to pay an invoice if the company didn’t have a signed contract on file. We ended up knocking on the lawyers door so many times in the first couple months that she finally called a sit down meeting to modify the contract. Of course any changes we made had to be approved by the owner of the magazine so I was very careful to insert language where I could instead of wholesale rewriting because he would be less likely to strike the entire change if it was small words instead of entire paragraphs. Anyway, half the modifications were passed and half were rejected leaving me in the position to let photographers know the terms were only negotiable in extreme circumstances, because now the lawyer instituted a policy of once a week modification discussions (too much door knocking I guess). Combine that with the fact that editorial could be slow in handing over assignments for each issue and working with new photographers could become a real high wire act if they didn’t like the terms of the contract.

Back to Bill Cramer’s piece (here), he shows incredible aplomb after striking the offending passages and receiving the loaded reply of “I know the photo editors are excited to work with you. Can you reconsider your positions and sign our standard terms and conditions ‘as is’?” and instead of flying into a rage, taking the time to calmly educate the client on why the changes are necessary.

In the end he prevailed, but it seems so insane that people would want to spend an ounce of time mired in contract negotiations defending terms that as far as I’m concerned have zero value to the media company instead of producing content that will attract readers and advertiser to their product.

SPD Finalists Announced

Photography awards after the jump. The whole list is (here).

Ask Anything – How Do You Get Started Photographing Fashion?

I would like to know the best strategies for non-established photographers pursuing fashion. I find it very difficult to find practical information about pursuing fashion specifically. Maybe you can touch on advertising as well.
If it helps, I will explain my path. My primary income comes from developing models with top agencies in NY. Modestly, I make $2000 – $3000 per month depending on seasonal variables. That’s not so much if you live and work in a studio in NY.
I started out assisting (for one year) but found it shockingly difficult to progress with my work. I knew assistants who had not shot anything of their own for 8 months and beyond. It was like that for me as well. I also knew assistants who were coming off 5 years assisting but they still had to develop their work. I have a really strong itch to work, so I cut my losses.
Beyond model development, what is the next best step for someone in my position? I mean to make money. I’m avoiding stupid magazines, and pursuing hip magazines, which fit my particular style. This however doesn’t really pay.
Emerging Photographer Help!

Established Photographer 1:

Anything is possible anywhere if someone is talented. Fashion is a very, very difficult thing to succeed in, sort of like the NBA. I can’t stress how hard it is. The person should start somewhere they can put a team together and make brilliant photos. They could be in Bangkok or Seattle or NYC. I have never ever known anyone to go from shooting model tests to the big time, but I have known several who have gone from assisting a great photographer to being a great photographer. It gives you the in that you need. But the photographer you work for needs to be a great one. The main thing is that you need to be ambitious to the point of it being worth more to you than anything in life, and then you may have a chance.

Established Photographer 2:

Are you talking about real fashion or small catalogs? If you’re talking about a real career in fashion I wouldn’t even think about it if you weren’t living in NYC, Paris, or Milan. LA is better than anything outside of those cities, but still nothing is close to NY. To be in the fashion industry you have to immerse yourself in it, and it all happens in NYC. I actually laugh when people live in any other city than the above try to be “in fashion.” Plus, these cities are the only cities you can even get top tier fashion models of which companies won’t even think about you unless you have them in your book. The high-level fashion world is very gay (literally) and concentrated in NYC. My straight climbing the ranks fashion photographer friend and I always joke about how you have to be “in the gay” to climb the chains of fashion. Even if you’re straight, you still have to play the game.

Just my 2 cents.

Established Art Buyer:

I think that expanding into Lifestyle or even non-couture fashion gives photographers more options to make money. Real (but good-looking) people in everyday situations; it’s that “aspirational” style that many clients ask for. And if you can test with any top models that you’ve developed relationships with, that’s even better. Based on the current economy, it means starting small, with a smaller hot agency. It doesn’t mean not continuing to build a fashion portfolio, but it means refocusing efforts on projects that will pay for groceries while your portfolio is evolving.

Of course, the questions that need to be asked are:

What is the current state of your portfolio?
How are you promoting yourself?
Have you established relationships with outstanding stylists and retouchers as well as with top models?

Do you know what is the most valuable asset you possess?

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.

Read the rest on Strictly Business.

Stock Photographers find other ways to survive

A number I recently heard someone throw out as the amount a photographer can expect to make on a picture in a major stock photography company’s collection is, $10.

via Greg Ceo Blog.

Times Are Changing – Less Books, More Video and Profits Are Up

Speaking with an agent recently (small to mid-size, top shelf roster) who told me that last year 20 or more books would go out the door each week and now it’s more like 2.

Also, 80% of jobs now come with requests to see a video reel. They commented that it reminded them of when the internet got hot and everyone wanted web rights but they had no idea what they were going to do with it.

Finally, they told me last year’s profits were up. This was chalked up to clients wanting to go with safe, proven photographers.

The books slowing down I would have predicted but that’s a pretty dramatic drop. I didn’t really think video woould take-off so quick but it makes sense that clients are asking for it even if they don’t need it or have any clue what to do with it. The profits? There are still big campaigns up for grabs each year so I’m guessing while most people are flat or down if you are a small shop and land a few of those, things are looking pretty good.

Photographers- How To Deal With Infringements

I received this note from a reader:

Hi Rob,
I’m a photographer, regular reader and occasional commenter on your blog. One thing that I have been struggling with since starting my freelance career is legal issues. Two specific problems that have plagued me in the last six months are
– A top national news organization reprinting my work (at least four times that I have caught) and not paying, or responding to my calls.
– A Dutch Bank buying one of my photographs for a calendar and promptly stopping communication after receiving the file.
Today I emailed several photographer friends about this and all said that they have to use attorneys regularly to deal with the frequent use without compensation and misuse of their work. Given that this is a larger problem, I’m interested in your thoughts on it and gathering resources/recommendations for lawyers who specialize in copyright law in general and photographers in particular. I’ve seen your posts recommending the Online Media Legal Network who I am currently attempting to work with and discussion of fair use on the internet. This is an important, increasingly complex and ongoing conversation as the rules continue to shift and social networking makes digital images all the more ubiquitous and difficult (if not impossible) to control.
Any thoughts, referrals or opening up the discussion to the group at large would be very helpful.
All the best,
[Redacted]

So, I contacted Carolyn E. Wright, Esq. of the Photo Attorney Blog to see what she thought and wow, she did not disappoint:

Infringements are rampant these days, both because it’s easier for the infringers to find and copy your images and because too many people think that they have a right to use your photos when they don’t or think that they won’t be caught. Fortunately, you can take steps to combat infringement. But the steps you take may limit your ultimate remedies so be sure to first understand what are your options.

Make Copies of the Infringement
If you think that the use is likely an infringement, make copies of it – both in electronic and print forms. Once the infringer realizes that she is caught, she will do what she can to get rid of the evidence of the infringement. You may need that evidence later.

Make Sure That the Use Is an Infringement
Not all uses of your photographs are infringements. Do you use a licensing agency that may have authorized the use? Could the user be related to an entity to which you authorized the use? Is the use a fair use? While only a court can ultimately decide what fair use is, the law gives us guidelines as to what may qualify and an attorney can help you with the analysis. You also may check Stanford’s Copyright and Fair Use website (here) for explanation and examples. While some uses by newspapers are fair use, others are not. The NPPA reports on a case where CBS’ use of Christopher Fitzgerald’s photo was not fair use (here).

Research the Infringer
Next, find out what you can about the infringer. Research the infringer’s website to find their name and contact information. If the infringer is a corporation based in the United States, you can find information about it on the website of the Secretary of State for the state where the infringer is based. You also may be able to find a contact name by searching the website’s “who is” information (here).

Option #1 – Do Nothing
Now that you’ve documented the infringement and have some information about the infringer, you always have the option of doing nothing. If the infringer is in a foreign country where infringements are rampant and difficult to enforce or is a small website with little traffic, you may decide that it’s not worth your time and effort to fight the infringement.

Option # 2 – Request a Photo Credit
If the website would provide a marketing outlet for you, you may only want the infringer to give you proper credit. If so, write the infringer a letter officially giving them the right to use the image. Be sure to designate the parameters of that use and include the condition that the infringer post a photo credit with a copyright notice on or adjacent to the use. You may also require the infringer to add a link to your website.

Option #3 – Prepare a DMCA Take-Down Notice
Pursuant to the U.S. Digital Millennium Copyright Act (”DMCA”) enacted in 1998, the Internet Service Provider (”ISP”) that hosts a website is not liable for transmitting information that infringes a copyright only if the ISP removes the infringing materials from a user’s website after receiving proper notice of the violation. The notice must: be in writing, be signed by the copyright owner or the owner’s agent, identify the copyrighted work claimed to be infringed (or list of infringements from the same site) and identify the material that is infringing the work. Additionally, the notice must include the complaining party’s contact information, a statement that the complaint is made in “good faith,” and a statement, under penalty of perjury, that the information contained in the notification is accurate and that the complainer has the right to proceed (because he is the copyright owner or agent). Use this great tool to stop an infringer whose ISP is in the U.S. from using your work.

Option #4 – Prepare a Cease and Desist/Demand Letter Yourself
When you don’t want to alienate the infringer (the infringer is a potential client and/or appears to be an innocent infringer), you may want to contact the infringer to explain that the use is not authorized and either request payment of an appropriate license fee, a photo credit with a link to your website (as discussed above), or that the infringer cease use of the image. It’s best to do this in writing – a letter by surface mail seems to have more clout than email correspondence.

Photographers sometimes send an infringer an invoice for three times their normal license fee in an attempt to resolve the infringement issue. While the 3x fee may be an industry standard and some courts have used it, is not a legal right given by any court of law or statute. Instead, U.S. law states that you are entitled to actual or statutory damages for infringement as provided by 17 U.S.C. Chapter 5, specifically section 504. The damages that you can receive from infringement – especially if you timely register your photographs – sometimes can amount to a lot more than three times your normal license fee.

There are some risks in sending the letter yourself. First, the infringer may attempt to preempt an infringement lawsuit and file a request for declaratory judgment that the use is authorized. This may involve you in a legal action for which you may need legal counsel in a jurisdiction (court location) where you don’t want to litigate. Second, your demand for payment may be admissible against you if an infringement case is filed. If you demand too little, then it may limit your ultimate recovery. To avoid this possibility, include in your demand letter that “these discussions and offer to settle are an attempt to compromise this dispute.”

Option #5 – Hire a Lawyer to Send a Demand Letter
When an attorney gets involved, the matter is escalated and tensions rise. While the infringer may be more defensive, the weight of your demand letter is dramatically increased if it comes from an attorney and the infringer generally takes the matter more seriously. Some attorneys charge a flat fee to send a letter; others may charge a “contingency fee” which is based on the percentage of recovery. Or the fee may be a combination of both.

Option #6 – File a Copyright Infringement Lawsuit
Your most aggressive option is to pursue your legal remedies by filing suit. Unless you created the work outside of the United States and in a country that is a signatory to the Berne Convention for the Protection of Literary and Artistic Works, you must register your copyright with the U.S. Copyright Office, hopefully before but at least after the infringement. (If you created the photo in a country that is a signatory to the Berne Convention, you do not have to register in the U.S. to protect your copyright or to file an infringement lawsuit in the U.S. However, if you do, then you may be entitled to statutory damages and attorneys’ fees.) If your photo was not timely registered for this infringement, you may want to register the photo for future possible infringements, as well, to be eligible for statutory damages of up to $150,000 per willful infringing use for each photograph. See 17 USC Section 504(b) and (c). Legal fees and costs also may be recovered from the infringer. See 17 USC Section 505.

In most jurisdictions you need to have received your registration certificate to file a complaint. Unless you have a breach of contract or some other state claim, you must file your infringement claim in a federal district court. To file suit, it is best to hire an attorney to help you because the legal procedures are complicated. Note that you have three years from the date of infringement to sue for copyright infringement.

When a photo is not registered with the U.S. Copyright Office prior to the infringement (or within three months of the first publication of the photo), a copyright owner may recover only “actual damages” for the infringement (pursuant to 17 U.S.C. 504 (b)), instead of statutory damages. Courts usually calculate actual damages based on your normal license fees and/or industry standard licensing fees.

Additional Claims
While many photographers place “watermarks” including their name and/or their copyright notice on their images or in the metadata of the file to prevent someone from infringing them, it’s fairly easy to crop or clone over the mark, or to remove metadata. Fortunately, the DMCA section of the Copyright Act provides a remedy in addition to the infringement claim when the infringer removes your CMI to hide the infringement.

Additionally, when you can prove that the infringement was done willfully, then you are entitled to enhanced statutory damages. “Willfulness” means that the infringer either had actual knowledge that it was infringing the owner’s copyrights or acted in reckless disregard of those rights. Evidence that the infringed works bore prominent copyright notices supports a finding of willfulness.

What You Can Do to Best Protect Your Images
To be eligible for maximum damages for copyright infringement and violation of your DMCA rights, put your copyright notice on each page of your website and put your copyright notice on or at least adjacent to each photo as well as in the metadata of your files. Further, register your photos with the U.S. Copyright Office so that you will be eligible for statutory damages. It’s also important to put all of your licenses in writing, even if by email, and make the license contingent on payment of your invoice in full.

Where to Get Help
Legal help is expensive, but there are alternatives. First, an attorney is more likely to be willing to help you on a contingency basis (for a share in the recovery) when you are eligible for statutory damages. So be sure to register your copyrights timely. Some photography organizations provide legal assistance, as well, with educational materials and/or personal assistance.

As mentioned, the Online Media Legal Network is an option. In addition, most states have Volunteer Lawyers and/or Accountants for the Arts (”VLA” )organizations. As in New York, they serve “low-income artists and nonprofit arts organizations. VLA’s many other programs are more widely available to the entire arts community.” Each VLA organization provides a variety of services, such as a lawyer referral service, free legal clinics, mediation and arbitration, wills drafting, and a speaker program in Georgia. St. Louis’ VLA’s website provides a list of helpful publications and other great links, including other states’ VLAs. Find a VLA near you by searching on the Internet for “Volunteer Lawyers for the Arts” and your state. Some VLAs, such as those in Kansas City and Massachusetts also provide accounting services.

Also check with photographers in your area for recommendations for who they use. Since infringements have increased, more photographers have retained legal assistance.

__________________________________________

Carolyn E. Wright is a licensed attorney dedicated to the legal needs for photographers. Get the latest in legal information at Carolyn’s website, www.photoattorney.com.

NOTE: The information provided here is for educational purposes only. If you have legal concerns or need legal advice, be sure to consult with an attorney.