"WHAT TO CHARGE..." Cont'd

This is in response to Ken Gehle's comment at APE who was particularly interested in my comment about the licensing language being poorly constructed. The license can be seen at APhotoEditor.com

Both the job description and the usage information appear together in the same paragraph. I would separate those as they are two completely different components. I would use a heading of "LICENSE" for any and all information pertaining to usage. My preference is to have the License information begin with the following:

Upon receipt of payment in full, photographer agrees to license to XXX the following images... I would then go on to very clearly and concisely list everything concerning the use of the image(s). Technically, should the client use the imagery prior to payment they are in violation of US Federal Copyright Law. Whether or not photographers enforce this is a different matter.

The language here states "Worldwide unlimited print media..." but there is no mention of duration until after "Internet". This could easily be misinterpreted as only the Internet use has a time restriction. I would have started with the duration (2 year unlimited...) If this were not an unlimited license the word ONLY should be inserted following each use and "any additional use(s) are to be negotiated with photographer". However, in this case, they can use his imagery for anything they want as there are absolutely no restrictions listed.

The option to renew should be a separate line item. I'm very curious as to how they arrived at the $8500 figure. This figure represents a more than 30% discount on the landscape shots, yet a huge increase over the original still life fee.

The shoot dates should be included in the job description, not the license. I would have used a separate page and used the space to make it as easy to read and as descriptive as possible. If you read my comments on APE, I was surprised that the Art Director's travel was included in the photographer's estimate. There is no justifiable reason for that to happen, regardless of whether the client asks for it - they'll ask for a lot of things. It doesn't mean you have to say yes. It is very rare that most photographers will get a 100% advance. This is simply because it is not insisted upon. Unless all expenses are paid up front, the photographer is then financing a multi-million dollar and sometimes multi-billion dollar corporation. Does that make any sense?

All should visit http://www.useplus.com/

Ken also mentioned in his comment that the fees mean nothing "...because we don’t know anything about the Who, What, etc.

We don't need to know anything. These fees are too low. Even if the usage were 1 year domestic use - these fees are too low. Even if the photographer were a total unknown, they are too low.
In defense of the photographer, I suspect he's not American and perhaps wasn't acquainted with our market. I know there were people who felt that these fees totaled a great deal of money. It is a lot of money - it just isn't commensurate for the amount of usage.

Editorial photographers tend to believe that $1500 is a lot of money for a job. To the editorial photographer who is attempting to transition to the advertising market here are some suggestions:

1. Never believe that tripling your editorial rate for any reason is a formula that works. In fact, don't believe in formulas.
2. Do not be afraid of the money.
3. Read books on how to negotiate - there are too many photographers and too few agents - at least good ones.
4. Should you find yourself bidding on an advertising job and you have no experience in this area, call an agent and let them handle it. It will be well worth your time and the percentage you will pay.
5. Understand the licensing business model.


While many want to believe the economy is responsible for the problems currently facing the photography industry, I do not. I believe we are witnessing the culmination of many years of photographers' bad business practices, clients who don't care and the devaluation of photography brought about by advances in technology. The fear that is permeating this industry on so many levels is suffocating and so obvious in many of the comments on APE. In defense of the photographer, some of the language on the estimate did not sound as if it was written by an American. Perhaps this was a foreigner and was really not familiar with our market.

More to come.

RESPONSES TO "WHAT TO CHARGE - ADVERTISING PHOTOGRAPHY" ON A PHOTO EDITOR

This is the temporary home of my blog.

Over the next few days I will be responding to comments that have been directed towards me as a result of a recent discussion of advertising photography fees on A Photo Editor.

For openers, and with his permission, I am posting an e-mail I received yesterday from a 20+ year veteran award winning Advertising Agency Art Director. He is also an award winning Fine Art Photographer.

Debra

Just read all the shenanigans over on A Photo Editor.

What a bunch of babies.

Obviously very few of the commenters are serious photographers.

And the rest should know better.

And Rob isn't exactly helping.

Hope all is well.

***********************

More to come.

For questions/comments, please contact me at dw@debraweiss.com

APA/LA ROUNDTABLE DISCUSSION RE: OMNICOM CONTRACT

In response to Omnicom's recently announced plan to operate under the premise of sequential liability, APA/LA is hosting a round table discussion of this policy and the adjoining no advance policy and how it affects our industry.

Sequential liability is a policy under which the photographer or production company gets paid if and when the agency is paid in full. Omnicom is the parent company of many advertising agencies, including BBDO, DDB, TBWA/ChiatDay, Goodby Silverstein, and many others.

Moderated by Creative Consultant and Photographers' Advocate Debra Weiss, the panel includes Photographers Jill Greenberg and Glen Wexler, Photographers' Agent Tricia Burlingham, Syndication Agent Janet Botaish, and a commercial producer to be named.

This event is free to all in the photographic and advertising community, and will be held Thursday, April 2, 7pm at Helms Daylight Studio 3221 Hutchison Ave #E LA CA 90034

Thanks to Doug Menuez

Many thanks to Doug Menuez (not only one of my favorite photographers, but also one of my favorite humans) for listing me on his blog roll, thereby reminding me I actually have a blog. As you can see, the last time I visited my blog was in 2007. How time flies.

Anyone who's been to one of my talks is aware of my ambivalence to blogs as I view them mostly as little tools of self-aggrandizement. The exception in my opinion has always been Mary Virginia Swanson's blog at marketingphotos.wordpress.com and now I can add Doug to that short list at menuez.wordpress.com

Speaking of talks, I will take this opportunity to let you know about two upcoming talks in Los Angeles that will be part of the inaugural launch of MOPLA (Month of Photography In LA).

The talks will be held on Tuesday, April 7, 2009 at the Pacific Design Center. Here are the details:


STAYING ALIVE: HOW TO SUCCED AS A PHOTOGRAPHER IN GOOD AND BAD TIMES

SPONSORED BY ADBASE

TUE. APRIL 7, 2009, 10AM-12PM 
PACIFIC DESIGN CENTER 
8687 Melrose Avenue,
West Hollywood, California 90069

Cost:
$27 General
$18 Lucie Foundation Members
$12 Students with valid ID 


To register for this event, please visit mopla.org/home.php

Achieving success in photography is never easy. This program will offer tips and strategies that will help you navigate the stormy times ahead. This is a rapidly changing, fear driven business and taking a good picture is not enough. Join Debra Weiss, Creative Consultant, Jigisha Bouverat, Director of Art Buying, TBWA/Chiat Day and photographer Glen Wexler for an in depth discussion on what it will take to succeed in this highly competitive and increasingly impersonal business.

Moderated by Debra Weiss
Panelists include:
Jigisha Bouverat - Director of Art Buying, TBWA/Chiat Day
Glen Wexler - Professional Photographer glenwexler.com

LOOKING AT THE PAST TO BUILD A BETTER FUTURE: LESSONS LEARNED FROM PHOTOGRAPHIC TRENDS

TUE. APRIL 7, 2009, 3-5PM 
PACIFIC DESIGN CENTER 
8687 Melrose Avenue,West Hollywood, California 90069

Cost:
$27 General
$18 Lucie Foundation Members
$12 Students with valid ID 

To register for this event, please visit mopla.org/home.php


The best prophet of the future is the past.” ~ Byron

Throughout history, the world has been influenced, shaped, corrupted and inspired by trends. How and why do they happen? This program will examine the photographic trend and what it can mean to you and your career. Topics to be discussed will include: photographers who have been credited as style innovators; distinguishing the line between inspiration and imitation; how can you utilize trends to your advantage; what is their cultural impact and how do they influence our business. Join Debra Weiss, Creative Consultant, and an esteemed panel from the world of Advertising, Editorial and Fine Art.

Moderator:
Debra Weiss
Panelists:
Michael Kochman, 
 Deputy Picture Editor/Entertainment Weekly

Steve Levit, 
Chief Creative Officer – McCann Erickson


Tim Wride, 
Curator and Executive Director of No Strings Foundation

Visit:mopla.org/home.php for more events, lectures and info.

Off to Chicago the following day for a few days to work with clients and enjoy that great city and will also be in NYC in April.

PDN On The Road

A Unique Seminar Focused on Building Business and Networking with Industry Professionals You’ll Want to Meet.

Photo District News, in association with the Santa Fe Workshops, presents a unique, two-day seminar for professional photographers, emerging pros, college photography students and advanced amateurs who want to re-invigorate their passion for photography, grow their businesses and network with other image makers, speakers and special invited guests.

The focus of this seminar is twofold:

1. Offer valuable strategies and advice to jumpstart or increase your business.
2. Provide valuable networking opportunities with marketplace professionals.

A line up of impressive guest speakers is scheduled for each seminar and will include leading photographers and industry professionals from the Commercial, Editorial, Wedding, and Transitions/PDN's 30 market segments. Instead of getting only one point of view, you are learning from multiple industry leaders who are the best in the business. The speaker lists are posted to individual seminar Cities & Dates pages as our schedule rolls out through the year. For more information, please go to http://pdnontheroad.com/

I will be in NYC from 5/12 - 5/21 and will be available for private consultations. Please call 323.650.4300 or e-mail dw@debraweiss.com

There's Always Room At The Top...

Get a first-hand look into the personalities of two top photographers and one emerging photographer who’s on the path to success. Gain insight into their individual journeys—what they did to get to the top and what it takes to stay there. Topics for discussion include: the strategies they use, their achievements and most importantly, their ability to stay true to themselves, even in tough and challenging times. Moderated by: Debra Weiss Creative Consultant Debra has been an agent for some of the top names in the business, a consultant for Black Book and did a stint as CEO of APA National. Besides lecturing, seminars and moderating panels, she now primarily works with photographers one-on-one and guides a photographer’s career as an artist and a business. Debra presents seminars annually at PhotoPlus Expo and is a frequent guest speaker at Art Center College of Design. She recently curated an exhibit of the Best of The International Photography Awards 2005, which has traveled to nine countries. Debra is curator of the PLUS (Picture Licensing Universal System) Coalition Web site and is also the PLUS Industry Committee Coordinator. Panel Includes: Glen Wexler Glen Wexler is an award winning photographic artist well known for pushing the boundaries of the photographic medium, creating digitally enhanced photo illustrations of manufactured or altered realities. His images are exhibited internationally, appearing on nearly 300 album covers, and on countless advertising campaigns. for more information: www.glenwexler.com Douglas Menuez Douglas Menuez began his multi-award winning career covering major news stories including the famine in Ethiopia, the destruction of the Amazon, the AIDS crisis, drug wars, presidential campaigns, the Olympics, five Super Bowls and the World Series. His portraits range from famous presidents and movie stars to famous nuns. Menuez has participated in nine "Day In The Life Books” including “A Day in The Life of Africa”, for which he shot the cover. He recently published “Heaven, Earth, Tequila and is finishing a book on AIDS orphans in Uganda. His work on a multitude of global advertising campaigns is widely honored. Menuez documented the rise of the Silicon Valley, and this work, along with his entire archive, has been acquired by the Stanford University Library for their collection. Mark Leibowitz After graduating Stanford University in 1998 with a degree in Economics and working as an international business consultant in Los Angeles, Sao Paulo and Buenos Aires he returned to the United States to pursue a career in photography. In the few short years he’s has been in business he has shot for a diverse group of magazines including Bloomingdale’s Magazine, Cosmopolitan, InStyle, Health, Teen Vogue, Glamour, Wired and Men’s Health. His photographs were recently featured on the cover and in 40 pages of Max Germany’s Red Hot Rio Issue. Over the last five seasons, Mark has photographed backstage at the New York, Milan and Paris women’s Ready-to-Wear fashion shows exclusively for Glamour. He has recently returned from South Africa and 25 days of shooting for a coffee table book slated for an October publication date. Sponsored By: Catering By:

How To Get Work From Ad Agencies

02/22/07

I will be presenting "How To Get Work From Ad Agencies" on March 1, 2007 in Miami at the Museum of Science with guest panelists Andrea Kaye of McCann Worldwide, NYC, Sheri Radel of Crispin, Porter & Bogusky, Miami and Soren Thielemann of Turkel & Partners, Miami. For more detailed information, please visit http://www.adbase.com/ContentPage.aspx?name=get-work-adagencies