Sunday, November 29, 2015

Not Out-Gunned, Devalued

Everytime I post something or read somewhere where something is written that is critical of amateur, pro-sumer, volunteer, or free photographers, whether these folks are in credentialed positions, getting a magazine cover or photo in an ad or newspaper, I hear some variation of "...you pros are just worried about getting out gunned...". Honestly, nothing could be further from the truth.

A pro knows the value of their work, and, as a result, the value of the effort they bring to the assignment. Product shot on white seamless? Seems simple, but it's not. What about transfer edges? Highlight shapes? Angle/perspective, and so on. This is one of a hundred examples I could provide. Case in point - I recently had a client drive a long distance to come to my studio for a product shot. At the conclusion of the shoot, he commented that he had no idea how much went into doing a shoot to get superior results. He expected it to take an hour for four products. It took seven hours (frankly, much of that time was product-build time). Afterwards he recognized what was involved, and definitely pleased with the results.

When someone sells a commodity for $10 that everyone else is selling for $100, it devalues that commodity. If the commodity was easily selling for $100, why would someone - anyone - sell it for $10?
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Photography is, however, not a commodity. Just because some people choose to devalue it to that point, treat it as such, price it as such, doesn't make it so.

Some organizations have chosen to price images, for example, by the pixel dimensions alone. This does not take into account so many things, it's just rediculous. The image of the hindenberg engulfed in flames or JFK being shot cannot be priced by the pixel. Doing so devalues the work because it does not take into account the content of those images.

Consider, for a moment, that an inventor created a product, and it costs that inventor $10 in materials and overhead, per product, to manufacture it. Following common business practices, that product will wholesale for $20 each. Following again common business practices, that product will retail for $40, and likely sell on the street for around $30. Understand, this is an example and these are generalizations.

With those figures in place, the company decides to spend $250,000 for ad space (online and in print) to market the product. It is to be your photograph, of the product looking so cool and so amazing, that is the entire ad, with a tag line "Buy it and be cool". As a result, the client sells 250,000 products. That means that the client spent $2.5M in raw materials, and netted $2.5M in profit. The retailer too grossed $2.5M as the middleman for the product, providing retail shelf-space. How much are you, the creative mind behind the image that convinced the buying public to actually buy, due? 1% of the profits? 5%? How about just 10% of the ad buy? What if your single image were one of four on the page, would you be due 0.25% or 1.25% of the profits, or 2.5% of the ad buy?

A photographer brings to an assignment an understanding of the subject and their quirks. Whether it's a sporting event, where you know how a particular player will likely act, a portrait where your subject has a duration they will be willing to sit for before their unhappiness at being photographed shows in their expressions, or food photography, where the concoctions that photograph like, say, ice cream, are almost inedible despite looking great through the cameras lens, all assignments have challenges. Can any given photographer stumble into a great photo? Sure. Even a blind squirrel finds a nut once in awhile. The pro however, must get it right at a level of expectation for success that approaches that of a surgeon. The problem is, unknowning clients look at the bottom line and then ascribe equality to an amateur's work and that of a seasoned professional. In the end, the client is unaware of the risks, however, the damage of devaluing photography has been done. The client will just blame the photographer when the shoot fails, not themselves for hiring the photographer without a proven track record of success.

The collateral damage of the client choosing on price, is that photographers will feel pressure from clients to lower their prices, and some will. Then there will be more pressure, and more lowering of prices. Please understand, I am not writing this as someone who has lowered their prices (I have not), but as someone who is watching as photographers' sales reports that used to show average per-image licensing of upwards of $600 now showing those same images for similar uses averaging under $100. Further, photographers who used to earn $2,500 off an original assignment and several thousand dollars in re-sales licensing over the years are now being expected to sign away all rights (and thus all future resales) for $1,000.

In the end, not only are you devaluing your work, and those of your colleagues, you are doing damage to a profession that is a passion for most in it, and you are leaving a lot of money on the table.

I know of no photographer who feels the young upstart photographer, the amateur photographer, or even the pro-sumer will "out gun" them, but almost all of the photographers I talk to about this know that these same folks are devaluing their work. Interestingly enough, that means that the pro sees quality, capability, and talent in the images produced, and knows they are worth much more than they are being given away for.

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Colbert's MeReporters Underscores Absurdity of Working for Free

Steven Colbert brings his satirical comedy to bear on the notion of "free reporters" who get paid nothing, like CNN's iReport, in the wake of the layoffs of 50 CNN photojournalists and other staff.

Colbert notes CNN also launched an "Assignment Desk" where you an actually go out and report on things that CNN wants, and then goes further, saying "iReporters do not get paid, they get something even better, badges, which, I assume, are redeemable for food and rent."




(Comments, if any, after the Jump)



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Mind Your Models

One of the things that those of us professed as geeks know is that we're not model material. Often, while we can spot an attractive member of the opposite sex, we don't necessarily judge others as less than attractive - to avoid the "pot calling the kettle black" claim.

So, when two unarguably geek sites (which I ready at least twice a day) write an article critical of the model wearing a product, it's worth a discussion.

Here, the article on Gizmodo - NES Varsity Jacket Is a Limited Edition for a Reason - below writes: "Jackets don't come much uglier than this, but hey, at least it matches this guy's male pattern baldness."

So, what does this have to do with Photo Business?
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Here's another, on Engadget - NES Controller Varsity Jacket would be more awesome with awesome models - which criticizes the model - "At first glance, we actually gagged upon seeing the jacket pictured above. Immediately after regaining our composure, we wondered how on Earth such a magnificent piece of retro kit could have such a negative impact on our lives -- then, it hit us. It's the dude. Seriously. Strap this $200, limited run jacket on anyone even remotely beautiful and we'd bet you too would see things differently. Or maybe it is just obscenely tacky, but it'd be much less so on anyone other than this fellow."


This is an example, likely, of a client saying "we don't need to hire a model, just get my cousin Vinny to wear it", or "we owe our programmer some goodwill, let's use him", or some variation thereof.

Further, the jacket doesn't even fit him. He looks like a size large, and the jacket looks like a size XXL.

When you have a product to sell, paying attention to the details, like a well lit product, a model that is appropriate (or atleast doesn't detract from) the product, and one that fits appropriately, are just a few of the many things that hiring professional - from photographer to talent - is critical to the success of a shoot.

Further, as the professional photographer, it is your responsibility to convey to the client the importance of your judgement when it comes to talent. Often times, when a client insists on "street-casting", or casting from within an office, we ask for snapshots of the subjects, or we take snapshots ourselves, and then take them away to make determinations as to which person is best. Even when the client chooses someone who we know won't work, we make the snapshot, so as to not offend the non-workable subject. Usually, clients that are ad agencies or PR firms understand the nuances of the right subject being chosen, and how that can impact the product. This product is a limited edition of 1,000, and likely could have entirely been sold by the two postings on Gizmodo and Engadget alone by people wanting street cred amongst we geeks for having it. However, now no geek I know would be caught dead wearing this jacket, because our daily read has panned it.

Thus, a $200 jacket, with a limited edition of 1,000, and a possible gross revenue of $200,000 will, instead, likely show up at the discount store, or become a giveaway gift at Nintendo video conferences, all because someone didn't pay attention to who the model was. That's a $200,000 mistake there.

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TIPS60 - Product Commentary - Apple Time Machine and Network Attached Storage backup solutions



Here is another of our videos offering tips and inisights into the business of photography. a transcript of the video is included after the jump.


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TRANSCRIPT:Here a few thoughts on network attached storage. I'm John Harrington Whether your using Apple's Time Machine for your computers as we are, or using network attached storage which is a third party brand that will still work with Apple computer's or if you're using a PC in using network attached storage having these systems in place as a part of your systems workflow is really important. One of the things that happens a lot as you sit there and watch the progress bar go by is you're processing images or otherwise doing things on the computer. The worst progress bar to watch is when your computer is backing up multiple gigs, hundreds of gigs of storage and you're sitting there trying to wait for your computer get backed up. If you have a system of workflow and schedule set up so that you can actually back up your systems at night, you can actually let your computer do all that backup overnight. So get your self a Time Machine and get set up. It's a no brainer if you're not a Mac user, get some network attached storage do the same thing.



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TIPS60 - Accounting - Managerial vs. Tax methodologies



Here is another of our videos offering tips and inisights into the business of photography. a transcript of the video is included after the jump.

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TRANSCRIPT:Here are a few thoughts on managerial accounting versus tax accounting. I'm John Harrington. Managerial accounting is a system that tells you why you spend your money on what you spend it on as opposed to tax accounting which is a system that tells you what you spend your money on. Tax accounting is something that your accountant is going to use, but managerial accounting is something that you want to use in your business to understand why and where the costs are associated with different products and services that you offer. You want to work with your accountant on transitioning your accounting system from managerial to tax accounting when you're trying to deal with your tax return and that's why having a great accountant is important. But, I would strongly encourage you to check out this URL here down below. It's a great PPofA resource, Professional Photographers of America, on the differences between managerial and tax accounting. Why you should use managerial accounting and the benefits of doing so versus the importance of tax accounting. So check it out.


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TIPS60 - What's an NDA?



Here is another of our videos offering tips and inisights into the business of photography. a transcript of the video is included after the jump.

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TRANSCRIPT:What's an NDA? I'm John Harrington. An NDA is a non-disclosure agreement. It's an agreement between you and a client or you and an assistant to not have things disclosed outside of the scope of the work that you are performing. Non-disclosure agreements are very common when you're working with high profile clients and frankly assistants should be signing non-disclosure agreements with you to not talk about the details of a photo shoot they worked with you on. You should be getting non-disclosure agreements from your assistants and also many times your clients can ask you to not disclose what you learned, any company trade secrets or anything about a new product coming out that you might have just photographed. NDAs are very common. Read it. I'm not a lawyer so I'm not giving legal advice, but I strongly encourage you to understand the importance of an NDA and to respect an NDA. If somebody asks you about a shoot you were on and you can't talk about it because of an NDA, just say, "I can't talk about it because I'm under and NDA."


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PILFERED Magazine - Copyright Scumbags10

Pilfer: to steal stealthily in small amounts and often again and again
Source: Merriam-Webster

There are scumbags, and then there are SCUMBAGS. In my book, when you are a "publication" whose sole existence is based upon stealing and exploiting work from all over the internet by creatives, then you are the embodiment of the word "scumbag", and as such, PILFERED magazine is one such uber-scumbag.

When your website's About page defines you, in part, as such:
"PILFERED is a place where artists, photographers, designers, and the inspired can submit their favorite visuals pilfered from the web to share with one another. Founded on the spirit of web democracy, and built to aid in communicating ideas and concepts, PILFERED Magazine aims to assist in speaking the thousand words – visually."
You seem to be headed down a dangerous path.
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The lawyers for PILFERED, however, can't have it both ways. Despite a publication title and raison d'etre that seems to promote the theft of intellectual property, their privacy policy page notes under "Prohibited Uses" that you may not:You may not use the PILFERED MAGAZINE site and or its services to transmit any content which...causes distress...upon any other person...includes any unlawful...material...may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, trade secret, patent, publicity right, or privacy right.

Then they state under their "No Warranty and Limitation of Liability" :
"You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use....UNDER NO CIRCUMSTANCES SHALL PILFERED MAGAZINE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND...INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION,...DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT PILFERED MAGAZINE HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH PILFERED MAGAZINE SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. "
And you think that these disclaimers will get you out of legal hot water when you are infringing peoples' copyrights? Really? REALLY??!!??

Founders and Chief-Thiefs Patrick Hoelck, Rudj, Nate "Res" Harvey, and Mia Van Valkenburg, promote themselves as "hav[ing] in the past spent hours surfing the web to put together presentations for various commercial ad and editorial jobs…and noticed the hours it took to gather images and felt it was time to have a massive image collective shared by the people, for the people." What about the people who's creative works you're stealing?

Their About page goes on:
"Content on PILFERED is submitted from around the world and carefully edited by an in-house team, as well as a new monthly guest editor, to keep issues cutting edge, fresh and informative."

Guest editors? What mini-scumbags have agreed to participate in such a scheme? Well, while their March 2009 issue was a "test issue", the rest:
  • King Britt was the guest editor for the April 2009 issue, who describes himself as a "media revolutionary" and believes that he is one who "set the example of an individual who...show[s] what freedom truly is."
  • Cory Kennedy was the guest editor for the May 2009 issue.
  • For the guest editor for the July issue they had twins Gisela Getty and Jutta Winkelmann, described as being "actively involved with the German underground Communist Organization...they meet the young millionaire heir Paul Getty III and become life's play companion with him..."
  • George Pitts guest edits the July 2009 issue, describing himself as a photo editor and photographer whose own photographic work "is an extensive meditation on Women...", and was a former editor for Vibe Magazine
  • Guest editing the August issue is Tyler Gibney, and his site's about page lists his business "HVW8 Art + Design gallery was established in Los Angeles as a studio + gallery space for HVW8 and friends. The current mandate is to support avant-garde graphic design..." and then, for some inexplicable reason, contrary to PILFRED, has a contact person where you can contact their representative for licensing - one can only assume, for some form of compensation?
  • Brett Ratner guest edits the September issue. I wonder how he'd feel if someone PILFERED one of his films?
  • Christina Ricci guest edits the October 2009 issue - I wonder how she'd feel if someone PILFERED her likeness to sell products and services?
  • Susan Kirschbaum guest edits the November 2009 issue
  • Yosi Sergant guest edits the December 2009 issue - Sergant is descibed as a "community organizer...he organized and supported artists working to elect then candidate Barack Obama, including...artist Shepard Fairey" - enough said.
  • Anthony Mandler guest edited the January 2010 issue- I wonder how he'd feel if someone PILFERED and profited from his movies, or how his friends like Rihanna would feel about having her work PILFERED? Readers, what do you think? Is Mandler a Jackass?
This seems to me to be but one visual variation on Napster - which was inundated with copyright infringement lawsuits. Yet why hasn't PILFERED been inundated with similar suits by visual artists? There are plenty of well-known images, any one of which could be the cause for a suit that could shut them down. Copyright Action wrote about this site in May of 2009 here - and it seems that on more than one occasion, the site has been shut down, but why not permanently?

When people run around espousing the notion that "copyright is changing", I get it, and I know that. However, there is a huge difference between "changing" and becoming worthless or irrelevant. PILFERED seems to suggest that your copyright is worth something because it's worth stealing, but worth nothing in terms of the creator being paid for the use of their work. Hoelck, in an interview here, suggests " You either get it or you don’t and are pissed by it." No, we get it - you are promoting stealing of creative works. Anyone who's been a guest editor should hope that this "magazine" vanishes into the ether, because if these guest editors ever have their work stolen and they sue, the defendant in that lawsuit will hold up PILFERED and say something to the effect of "...why isn't what's good for the goose, not good for the gander?"

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