Licensing Images In Perpetuity Is A Huge Mistake

A reader sent me the following email:

I don’t mean to sound critical of your efforts to inform young photographers of proper business practices by publishing estimates like this one: https://aphotoeditor.com/2015/04/22/pricing-negotiating-studio-portraits-for-a-pharmaceutical-manufacturer/. It’s an important and useful service but, for the sake of myself and my fellow photographers who have to fight the tendency of clients to want more and more rights for less and less money, I have to point out that the licensing of these images in perpetuity without additional fees is a huge mistake and a terrible precedent to set. I have photographed numerous jobs very similar to the one you describe below. My terms, which I have negotiated without the benefit of a rep usually include significant fees to for re-use after one or two years. I am often able to double my fees this way and have not received resistance to that from pharma agencies despite the supposedly humble nature of a very profitable area of business.

This estimate, which gives a lot of rights away for nothing, may well make your photographers popular. Unfortunately, they will probably never own a home, send their kids to college, have decent medical care, or be able to ever retire – some pretty basic expectations, I think. Most responsible reps would agree that one has to make an concerted effort not to give away too much too easily, even in this ultra competitive environment. We have no union to protect us, just common business sense. Giving rights in perpetuity away for free is sort of like “feeding the animals” – they come to expect it.

Here’s an estimate from a similar type of shoot that was three day video and still shoot with a pre-light day.My producer and I planned the shoot out very carefully, provided the client with a lot of great still and video images, and we all worked our asses off for four long days. Most importantly you will also see that I made an additional $14,600 two years after that shoot. That was for another two years of usage and I am eligible to be paid again at the end of those two years. I think that the Wonderful Machine estimate is doing a real disservice to photographers by suggesting that it is fair and necessary to give such broad usage rights away for so little.

I hope this is helpful to you and our fellow photographers. I don’t consider myself a tough negotiator but I estimated this without the benefit of a rep. Any rep will tell you that a certain amount of intelligently applied resistance to client’s pricing pressure is the only way to stay in business. I realize that the photographer described by Wonderful Machine is “up and coming” but that degree of lowballing is terribly shortsighted and even desperate feeling. His fees are way too low when you consider the amount of time and talent required, the associated expenses and responsibilities, and the amount of usage by the pharma industry.

Neat Receipt-$3,400.00 Cash Transportation

Neat Receipt-$14.60 Cash Utilities

The Daily Edit – Celebrity Impersonators: John Hryniuk

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John Hryniuk: Celebrity Impersonators

Heidi: Where did this idea come from considering you don’t live near Hollywood?
John: The idea of photographing impersonators came from doing one on one portraits with real celebrities at the Toronto International Film Festival. Unfortunately you get about 3 minutes in a boring hotel room. You can’t really be very creative in that amount of time.

How much time do you typically get with them?
About five years ago I though it would be really interesting to photograph impersonators because they give you all the time you need. I thought if I had the real person in front of me how would I photograph them? The other great thing with impersonators is there usually are no cranky egos to deal with. They are pretty much willing to do anything you’d like except something that would portray the celebrity they’re impersonating in a bad light.

Are you shooting these while on other jobs?
No, every year I take time off to travel and shoot the projects I want to work on. There isn’t any pressure or expectations from art directors or clients. Its about having fun. I call it a working vacation. I discovered its really important as a professional photographer to work on your own personal projects. You have to make the time to shoot things for yourself otherwise you will burn out.

How do you choose the characters and where do you find them?
In terms of casting its easiest to attend their yearly conventions in Las Vegas and Florida etc. I usually choose the most realistic looking ones, here some of the places I’ve found people.

The Annual Celebrity Impersonators Convention Las Vegas , on linkedin,  you tube, another convention in Las Vegas

How long has this series been in play?
The series is still an ongoing project. I think I will probably search out individuals and attend a few more meetings before it will be complete. The impersonators all do this part time or full time for a living. Which makes it even more interesting for me. I don’t only love photographing people but also finding out all about them when I do. There is also something about photographing in the United States that find unique than any other place in the world. The culture lends itself well to this kind of project. It is very different from Toronto, Canada where I live as its much more conservative.

A few times while working on this project I felt like I was on a TV reality show. I asked the boy who was impersonating Elvis why he was doing it he hesitated for a moment and responded: “ Because my mom made me. “

The Daily Promo: Elizabeth Weinberg

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Elizabeth Weinberg

Who printed it?
Smartpress in Chanhassen, MN. I have used them for several years.

Who designed it?
Me!

Who edited the images?
Me!

How many did you make?
650.

How many times a year do you send out promos?
I do at least one large mailer per year and fill in the gaps with some postcards.

 Tell me about your design process
At first the cover was just going to be just white with the title and no photo, as I always have a hard time editing for that one cover shot. I got the plain-covered hard proof back and then decided to instead use a photograph that would look good very cropped in. In the photo, the boy’s hair is flying, giving the viewer a sense of movement, but leaves the rest open to interpretation. It’s all about making the person holding the book want to open it up.

Once the images were laid out, I felt it looked a bit too plain, so I added a geometric element to guide the eye through each page. Each section of the booklet has its own line, and each line was a color that I decided would best represent the series of images. The different colored lines were all aligned chronologically on the first page of the book, sort of like a symbolic table of contents.

 

This Week In Photography Books: Christopher Williams

by Jonathan Blaustein

The strangest thing happened to me yesterday. I was chatting with a neighbor while photographing his Apache sweat lodge. (Long story.) We’d met for the first time the day before, so I was making small talk about our little valley.

I asked him if he’d seen the pair of golden eagles that lived around here, and often roosted in the tall cottonwoods near the stream.

He said he had no idea there were a pair of golden eagles around here. His tone was dubious. Then he mentioned that there WERE a couple of red-tailed hawks living in the canyon, but of course that was something else entirely.

It was the third time in as many weeks that someone had told me my eagles were hawks. The first two times, I shrugged it of as misinformation. But yesterday? I realized I might have been the one mistaken.

So I ran home and hit up my trusty friend Google. My heart sank. My favorite birds, the one’s from whom I’d learned so much, were not eagles… but hawks.

Should it matter?

The birds are no less beautiful. Or majestic. Their hunting prowess no flimsier, nor their stupefying ability to soar through the air without seeming to move at all.

So what was the problem? In my mind, they were eagles: rarer and more special than common hawks. I identified with them as being the kings of the sky. That they lived in my yard made me feel special. I told many people about my eagles.

But they were never eagles. At least, not outside my own mind. They nested inside my expectations, and laid eggs that gave me courage and confidence.

And now?

Now, I have to get over myself. I’m still freakishly lucky to live in a place where I get to watch red-tailed hawks circle over my yard on a near-daily basis. The fact that I’m even conflicted about this says quite a bit about my ridiculous character.

But expectations are powerful things, even if they don’t have a tangible presence. Take books, for example. We “expect” them to make sense. To tell a story. To inform us of their meaning, at some point, before we cease to flip the pages.

That’s their job. To tell us stuff, either in pictures, words, or both.

But what if you found a book that absolutely refused to bow to convention? That reveled in fucking with your head, while simultaneously depicting a set of images made during an artist’s career?

What would you think about that?

I’m glad you asked. Because I just finished looking at a red monograph of work by the conceptual photography/art star Christopher Williams, and I’m still scratching my head.

I knew it was his book, because photo-eye had affixed a tag that said Christopher Williams, printed in Germany, $120. That’s all I got, even after looking at the whole book. (Though the “Printed in Germany” did appear at the end of the book too, on an insert, which was a tad reassuring. That they knew how to print words at all, that is.)

I would have figured out it was his book, had I not known, because I’ve seen some of his seminal images before. They’re always inscrutable. Pictures of cameras, deconstructed. Cars, tipped like cows in a pasture. Models, obviously on set, with color bars in the frame. Corn in the husk.

I’ve read a bit about him in the past, and know there are strong motivations behind the work. Big ideas. Political, even. But you’re never going to suss that out just by looking at the pictures. I’m a bright guy, and I wouldn’t even know where to start.

But start I did, and the first handful of pages in the book are red. Like, red red. Bright red. Cherry red. Coca Cola red.

There’s no name on the cover. When you finally find a photo, on a white page, it’s a piece of yellow foam wrapped into a sculptural form. The kind you might put upon your child’s bed to make it softer. (My son was praising his yellow-bed-foam just yesterday, coincidentally.)

That picture repeats later. As do others. There are seemingly African workers in front of a Heidelberg printing press. Some images, of apples, run off the page, and reference the printing process. That, I can say with confidence.

There is one picture of boobs, that repeats, because, as we all know, Boobs Sell Books℠.

Random repeating images. Lots and lots of red pages. No words. Pictures that are odd, and perhaps discomfiting. Maybe a little hypnotic. But they give you nothing concrete.

It’s like the whole book is the spawn of a mad scientist who had sex with a bespectacled artist. It only makes you angry if you think you’re supposed to get it.

But what if you don’t try to get it? What if there’s nothing to get? The world is a messy place, as I wrote last week. Logic and reason exist, but so do chaos and terror. Money rules the day, and it always has. (Though it might have taken the form of salt, gold, oil or jewels.)

When I was done, I practically chuckled at the chutzpah it takes to make a book with no words. There’s even an insert at the end, the type that typically contains an essay or two. Maybe an artist’s exhibition history?

Nope. It was blank. Only red.

Like the look on your face, perhaps, while you’re reading this. Will you like this book? I don’t know. But I think it’s awesome, because it undercuts almost every sane idea about how to make a photo-book.

And all that red made me realize my red-tailed hawks are perfect, just as they are. What’s in a name, anyway?

Bottom Line: Inscrutable, almost offensively strange, yet perfectly awesome book by a brainy art star

To Purchase “Printed In Germany” Visit Photo-Eye

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