Photography Contracts, Social Media and Business

I read an interesting article today online about a bride and groom who slammed their wedding photographer on their social media outlets, which allegedly resulted in a loss of business for the photographer and they were ordered to pay $1.08M. House surrounded by construction site, Atlantic City, NJThe article stated that the photographer’s contract required that the client must submit an order form and select a cover photo before the album could be completed (cost of the album was included) and the hi res photos could be released. Even though the couple had signed and submitted an order form, they objected to paying $125 for the cover because they felt that should be part of the album as they explained on their local NBC affiliate. After weeks of going back and forth, the photographer learned that the couple had taken the story to the media saying that the photographer was “holding their pictures hostage”. The couple also made other disparaging statements on social media and blogs, which resulted in a loss of business for the photographer.

After being in business for well over three decades and having been a member of my trade organization ASMP for the same amount of time, I know all about the importance of contracts. In the litigious society we live in, it’s imperative to have a contract when doing business. It’s also important to spell out the details clearly about what is included and what isn’t. In addition, because photographers are always being asked to sign their clients’ contracts, it is critical, yet tedious to scrutinize those contracts before you sign them and be prepared to negotiate terms if they are not acceptable. However, even when contracts have been agreed on and signed, things can still go south as in the case mentioned.

There will always be issues because all humans are different. Ultimately, I think some are honorable and some are not. We live at a time when rumors can go around the globe in a matter of seconds and the lines between truth and lies have been blurred with “alternative facts”. I think it all comes down to common sense and trust. I don’t shy away from social media but I don’t believe everything I read. I don’t think I have ever done business solely online with someone. At the very least I will have a phone conversation with them. There is a lot to be said about having a human connection with someone and what is gained by doing so.

The bottom line is that while it is incredibly important to have a contract when doing business that doesn’t mean it will always end well. It all depends on the human variables as far as how the story will end.

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10 Things Freelancers (Photographers & Filmmakers) Should Do in 2017

Marathon swimming, East River, New York City

Be optimistic – I’m going to start with the hardest one of all, because it’s really difficult to be optimistic these days. But I find that if I can maintain a positive attitude and turn my thoughts to what is possible, I actually open myself up to more opportunities in my life, instead of creating more roadblocks.

Be open to possibilities. – Be more flexible in how you perceive things and who you are. Change is always happening, but it’s usually gradual. Most people don’t take notice until “change” forces their hand to act. It’s always better to be proactive than reactive so embrace “change” as an ever-present fact of life that creates opportunities for those who are open to seeing them.

Collaborate – Photographers are very independent creatures and collaboration is not part of their norm. As the “photography” business continues to change, photographers will find that collaborating with other artists will make their own businesses stronger. There is so much more to running a business than there used to be. While social media marketing has opened up numerous possibilities, it can also be overwhelming to a solo photographer. You can’t do it all. Work with people who can bring out each other’s strong suits.

Diversify – I’m not quite so sure why so many photographers are so rigid in how they define who they are and what they do. Having a “style” is great, but the trick is to not to be so narrowly defined by that style, so that when styles change, you don’t find yourself obsolete by your own design. It’s kind of like being type cast, where your audience or your clients can only see you in one way. Diversifying might be creating a whole new niche of your business. I recently created a business niche that is more geared toward the retail market. We create high end “Ken Burns” style family biography videos to preserve a family’s legacy with personal interviews with ones loved ones combined with old photos and home movies.

Concentrate on “the story”– I had the opportunity to speak with a lot of still photographers and filmmakers this past year and I began to notice a difference in the conversations I was having with each. Most times, filmmakers would be telling me a story, whereas still photographers would be telling me how they executed a photograph, or essentially telling me the “back story” of the creation of the image. It’s all interesting but “the story” is the bottom line – if that doesn’t come through to the viewer – the rest doesn’t matter – including how it was executed.

Be authentic – be true to yourself. That means that you have to trust your gut instead of second guessing it. This is hard, especially when things don’t always work out the way you had hoped. Step away from the “noise” and listen to the voice inside.

Fail more. – Rejection is a tough pill to swallow but it usually means that you are either pushing yourself to try new things, you are too far ahead of your time or it just wasn’t meant to be. If you look at successful people you’ll see that most have had failures and rejections in their lives but they stuck with it – instead of letting failure defeat them.

Self-Initiate more projects. – I don’t like to call non-commissioned work, “personal projects”. That co notates that there is no monetary value, and these days just the opposite could be true. With more and more lopsided contracts being presented to photographers for commissioned work a photographer has a better chance to make more money and keep ownership of their work by creating self-initiated projects. But they need to be prepared to work hard. We’ve been working on a project entitled “Like A Woman” where we shoot environmental portraits and a short video about women who are working in traditionally male professions. It is a subject I know all too well after working in the career of photography and now filmmaking my entire adult life.

Forget about the past and learn from mistakes. – You can’t change the past but you can learn from it and then, move on. Look toward the future but make sure you take time to enjoy the “now”.

In the scheme of things, you’re just one small speck in the universe. – I think we all get way too stressed about things that really don’t matter and we let those things control our life. When we become more conscious of that, we really begin to live life.

Business Tips for Photographers in a Multiple Media World

In the blogging sphere of photography and video there is a lot written about gear and how to use it, but precious little written about business.  Chances are, if you are photographer who has been in business for more than 10 years then you know that technology has not only changed our tools, it has changed the way we do business.

For starters we are doing business in a global economy and with that comes pluses and minuses.

Cuba-3858
Havana, Cuba

One huge plus is that we are able to reach a much wider audience than ever before. That is if you have an understanding of how to do that and take advantage of the opportunities that are out there.  One minus or downside is if we don’t adapt our dated business models in a business that has seen monumental changes we won’t be able to compete.

As commercial photographers we are in the visual communications business.  We create imagery that delivers a message or tells a story for a variety of markets including; advertising, corporate, architectural, editorial and others.  Each market has a need for visual content and these days that encompasses both still photography and video.  In the last couple of years the lines dividing these two mediums have faded away at least in terms of how content is consumed in our culture. What’s next – VR (virtual reality)?

Here are a couple of tips to help photographers prosper in our multi-media world:

  • Decide what your company will offer.  Will you only provide still imagery?  Or will you expand your business and offer both still photography and video? Are you quick to answer the question with; “I don’t want anything to do with video” ? The problem with that answer is that most of your clients probably have a dual need for stills and video.  Are you going to send them away to your competition?  Or will you keep your clients in house and take care of their video needs by hiring or outsourcing? That’s a different way of thinking and has the potential to broaden your revenue stream.
  • Decide what role you will play if your company does offer video?  Will you be the director and work with a camera operator?  Or will you assume the role of a DP (Director of Photography) and direct as well as operate the camera?
  • What will you outsource and what will you keep in house?  Maybe you want to expand your business by offering both still photography and motion but you’d prefer to just shoot the still photography and outsource the video.  In that case you could assume the role of the producer and oversee or outsource the video production.
  • Reassess your insurance.  Video productions have a lot more variables. They also usually have larger crews.  More than likely you will need to upgrade your current insurance policy to accommodate and cover that.
  • Change your paperwork.  Make sure that you go through your talent and property releases and modify the language for multi-media.  Change any and all boilerplate contract language to include video (motion).
  • Licensing.  Regardless, if you decide not to expand into video production you will have to contend with the fact that your still images won’t always be used in a stand-alone fashion.  Many still images will be commissioned and/or licensed as part of multi-media projects and that has a dramatic effect on licensing. And if you do decide to expand into video production you too will be licensing other people’s work.
  • Understand new business models.  Let’s face it things have changed in the business of photography.  Photography has become ubiquitous and the competition is fierce.  You are not only competing with professional photographers – you’re competing with semi-pros, amateurs AND video production companies.  One thing is certain, it’s never been more important to have an understanding of multiple mediums and to be unique and stand out amongst the noise. There are no templates you should follow.  Be authentic and true to yourself.
  • Keep an eye out for the next big thing. At this year’s NAB (National Association of Broadcasters) Virtual Reality had a big presence. I’m not quite sure if it’s for me but I will follow the trend and keep my options open.

Check out more tips and information in my ePub The Craft and Commerce of Video and Motion.

 

How to be Productive in a World Full of Distractions

I’m an organized person. I need to be organized otherwise I feel that my life is in chaos. Scraps of paperI’ve always been able to define an end goal and break down the tasks that need to be completed in order to attain that goal. I am able to prioritize tasks and assign deadline dates. I’ve always been pretty good at getting things done. I have to be – I’m an independent entrepreneur.

My business is visual communications. I create storytelling images and films for corporations and non-profits. I market myself to buyers who commission still photography and video production for that market. These buyers work for ad agencies, in-house corporate agencies, non-profits or publishing companies.

My business has changed dramatically since I opened shop over 3 decades ago. The possibilities and tools that are available to small independent entrepreneurs to use in their marketing strategies are endless. The problem is the vast amounts of opportunities ends up being a double-edged sword because it overwhelms most of us. There are endless ways to target a global audience through, social media channels, electronic ads, online portals/websites/blogs, emailer promotions, print promotions, print and online directories……….the list goes on and on.

It simply becomes overwhelming and seemingly impossible at times, for me to address all the needs of a small business, to keep our business afloat. What I’ve found is that it’s never been more important than it is now in our tech driven culture, to be organized and focused and not succumb to distractions.

Here are some tools that help:

Basecamp – essential management tool if you’re collaborating with others.

Wunderlist – organize your personal/business life. Notes, notifications, reminders, due dates and share lists with colleagues and family. Free

Post Planner – If you or your company engages their audience on Facebook, this app saves you time and boosts engagement. Schedules your posts – finds content.

Sweet Process – Do you feel like you have to learn all over again, every time you do the same things? It could be a workflow for creating emailers for example. This app systemizes and records your process. Essential in employee transitions.

Magical Pad – Organize – be more productive – get things done. Projects, Tasks, Brainstorming.

StayFocusd – Are you super distractible and find yourself spending hours on social media and not getting anything done? Perhaps you should install this app if you are a Chrome user. It will limit the amount of time that you can spend on time-wasting websites.

What’s Next for Still Photography? Things We Could Never Begin to Imagine.

Journeys of a Hybrid

One of the only good things about getting older is that I have gained a lot of perspective. Fortune teller through window, Atlantic City, NJ I never speculate what the future will hold by limiting it to what’s possible now because…..

When I began studying photography at Brooks Institute in the early 1970’s

I never would have imagined:

  • That I would own a personal computer that would change the way I communicated with people and ran my business.
  • There would be the Internet, email and mobile phones.
  • There would be auto-focus cameras and lenses.
  • Cameras would be fully automated – if you so choose to use them that way. When I began my career as a photographer, I needed to be a technician, and that meant understanding aperture and shutter speed and a lot of other things that went into making a still image.
  • I would be shooting still images without film.
  • I wouldn’t be limited to…

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6 Social Media Marketing Mistakes to Avoid

I must admit, I’m not an SEO or Social Media guru.  In fact, on a scale of 1 – 10 (10 being extremely interesting), I’d give this topic a 3.  But, after reading Gary Vaynerchuk’s book “Jab, Jab, Jab, Right Hook,” (which I would give a 10), I’ve shifted my thinking entirely.  I also realized why, the topic has had little interest for me – most of the books, articles and blogs I had read were full of formulaic tips  – but none of the advice and tips felt like a good fit who I was and what I had to offer.  And in fact if I had applied some those tips to my blog or my Facebook posts, I would have done myself and my business a disservice by not being “myself” – or authentic.

Some social media marketing mistakes to avoid:

  • Putting the wrong content on a platform – Each platform, (Facebook, Twitter, LinkedIn, Pinterest, Instagram etc.) has it’s own “native” language or how the community communicates  and interacts with one another.  A good marketer understands that “context” is just as important as content.  Your content must provide the same value to the viewer that is native to that platform. Your content should fit in with what drives people to that platform.
  • Content is not memorable – Your content should be something that people want to share. ooe fb [age Facebook uses edge rank, which determines who and how many people see your posts.  The more shares, comments and likes, the better your edge rank and the more people who see your posts.  Keep your content, informative, entertaining or both and give people the desire to share.
  • Selling too often – You have to “give” more than you “sell” on social media platforms. If every post you make is a pitch for your products, no one will be interested, let alone want to share them.
  • Text is too long – Twitter has a cut off, but Facebook doesn’t.  Keep in mind that more and more people are viewing your posts on mobile devices and simply won’t read lots of information.  Provide more info via links. Make sure your text is provocative and entertaining.
  • No use of imagery – If you don’t have an image in your posts on platforms like Facebook or Tumblr, you won’t attract attention.  People will just move on to something that catches their eye on their news feed.  And, make sure the images you post are good and professional – they’re a reflection of your business. Make sure you overlay your logo on your images.
  • No call to action – Remember you are ultimately selling your products and your services, so don’t forget to give your viewers a call to action.  But don’t confuse them by giving them too many.

New Business Models in Photography and Motion – in a Global Economy

Manchester Airport, Manchester, England

This topic comes up a lot these days.  You  could apply “new business models” to just about any business – not just photography and video. Photography and video, in and of themselves are not business models at all, but rather they are mediums that are used commercially, non-commercially and personally. The business end of photography and video comes when you determine how you want to apply them in terms of today’s markets.

Today’s markets are global.  That’s good news and bad news, depending on the type of work you do.  If you are a stock photographer or even if you have expanded that into also shooting stock motion footage – your inventory or your content must be unique in some way in order to sustain that type of business model in our global economy. You will need to stand out and offer something unique,  if you pursue this type of market.

If you are a commissioned commercial or editorial photographer, cinematographer, or director, the competition is fierce and once again, if you don’t have a unique style or vision, most likely you will end up playing by others’ rules or signing “their” lopsided contracts.  It comes down to supply and demand of talent and work, and you will either compete with price or offer something that you do better than your competition.

The good news is, if you are willing to do the work, the world is your stage.  The portals for distribution of your “content” are open to all and as “creatives” we are no longer dependent on middlemen.  When I get asked to talk about “new business models”, I always look for where the new opportunities are.  Where will I be able to carve out my own “new business model”, rather than having to adapt others’ ideas of what that may be.  There is a big difference in those two approaches.

I am carving out a business model for who I am creatively, and where I see the most opportunities for what I do well.  When I am authentic to who I am and apply this to my work, I am able to deliver my own unique vision and reach the right audience,  while maintaining ownership and control over the licensing of my work.  I am able to do that not only because technology has enabled me to do that, but more importantly because I have set myself apart from everyone else who has a camera.

Think about it.  What are your strengths? What are your passions?  Now imagine a business model based on your answers. The world is our stage.

5 Tips for Filmmakers (and other artists) for Building an Audience

The good news for Indie filmmakers, musicians, photographers and new media artists is that technology enables us to take control and distribute our own work to the masses or a more targeted niche audience.  The bad news is that even though we are able to reach a global audience without giving the lion’s share of our profits to an agent or distributor – it’s a lot of hard work.

When I completed final production on my first feature documentary, Opening Our Eyes, I knew I was hardly finished with this film, not if I wanted people to see it. theater interioeIMG_0150Since most filmmakers make their movies to be seen, they need to decide how they want their movies distributed and marketed.  As a filmmaker, do you want to delegate this task to a distribution company or do it yourself?  Will you be one of the lucky 1% of filmmakers who get their films picked up for distribution?  If not, do you have a plan on how to do that?

1. Identify and build audience – Regardless if you decide to sign with a distributor or distribute your work yourself, the most important part of marketing and distributing a film is to identify and build your audience – and you should start building your audience before the film is finished.  As soon as I made a commitment to make a film, I started blogging about it.  I created a blog specifically about the film where my daughter and I talked about preparing for and taking a 99-day journey around the world. I also wrote about the making of the film on this blog where I talked about gearing up for it as well as the post-production process.  I didn’t realize it at the time, but I was building our niche audience.

2. Have a social media plan:

  • Decide on platforms – Twitter, Facebook, Tumblr, Google+, YouTube, Vimeo
  • Carve out the time to engage
  • Decide where the content will come from – behind the scenes photos or footage, blogs, podcasts?
  • Who and where is your audience? Find other Facebook groups or pages and followers who are interested in the same topic as yours.  Collaborate. Build your Twitter followers same way.

3. Finding true fans – Since most filmmakers will most likely NOT have a mega hit with huge profits, the best thing a filmmaker can do is build their “true fan” base.  First you should ask yourself how many “true fans” would you need to sustain yourself as a filmmaker? And by true fan, I mean people who are willing to buy whatever you are selling, be it a book, a DVD, a music download or a t-shirt.  The key to growing your core “true fans” is to engage them by sharing interesting content as opposed to just selling something.

4. Be consistent and stick with it – Like anything else, building an audience takes time.  Be prepared to constantly interact and engage your audience by sharing relevant and interesting content with them.  You’re building a tribe or a community.

5. Find likely partners – Making films is a collaborative effort.  Similarly, for filmmakers to be successful in marketing their films they need to find their core niche.  One great way to find your niche audience is to identify like minded groups and share links.  The non-profit my daughter works for partnered with us and we frequently share each other’s news with our followers.

The Top 5 Mistakes the Chicago Sun-Times Made

There’s been quite a lot of talk over the last couple days about the Chicago Sun-Times ChicagoSunTimeslaying off their entire staff of photographers.  When media writer Robert Feder posted on his Facebook Page , he was flooded with nasty comments about what the paper was doing.

“Sun-Times reporters begin mandatory training today on “iPhone photography basics” following elimination of the paper’s entire photography staff. “In the coming days and weeks, we’ll be working with all editorial employees to train and outfit you as much as possible to produce the content we need,” managing editor Craig Newman tells staffers in a memo.”

There has been general outrage amongst professional photographers on listservs and social media channels adding to the extreme angst that already exists in this demographic.  I’ve been giving this a lot of thought, not only over the last couple of days but over the last decade as technology has thrust enormous change on my industry.  If I allow myself to look at the state of professional photography as an unsustainable profession because of these technological changes, than that’s what it will be – an unsustainable profession for me.  But if I turn the “problem” into an “opportunity” and realize that technology has brought me a lot more possibilities in how to monetize my craft, then I will have a profession that I will be able to sustain.

Biggest Mistakes that the Sun-Times Made when they got rid of their staff photographers:

  1. Cheated their readers.  Their readers will see the difference in the photographs that their paper is running.  A professional photojournalist doesn’t just take a picture – they capture a storytelling image.  They are visual communicators and they are good at it.  They make the viewer feel, empathize or connect with their images. I don’t think it will take a long time before their readers see that the paper’s photos aren’t any better than theirs or their friends and have no reason to get the story from the Sun-Times.
  2. Focused on the technology – the iphone.  How many times have I said “It’s not about the tool”?  Do I think that the iphone isn’t a viable tool for taking good photos?  No, in fact if it is the only “camera” you have on hand when a story is breaking – then it becomes the best camera for the job.  On the other hand, the same day the paper sent the memo out to their staff about the layoffs, their front page was covered with images that one wouldn’t have a chance of getting if all they had was an iphone.
  3. Burdened their writers with another job.  Let’s face it, something is going to suffer.  Just like when I try to shoot both video and still images on the same job myself, I always feel like I have the wrong camera for the wrong moment.  A lot of my writer friends can take pretty good photographs, and some merely make a “reference” shot of what’s happening, instead of an image that captures a story.  A writer’s workflow is different than that of a photographer.  Writers go out in the field and gather facts and write the story for the most part, back at the office.  A photographer does pretty much everything in the field.  Nowadays, many times that includes the edit.  Something will suffer, when one person sets out to do two totally different types of jobs.
  4. Made their “cuts” in the wrong place.  They undermined what a professional photojournalist brings to their paper.  You can’t find a more passionate, committed group than photojournalists.  They work long hours, under terrible conditions – many times dangerous ones, receive a lousy pay, but will go above and beyond to deliver “the story”.  Some say this was a “union busting” move and that after a decent amount of time, the paper will begin to hire photographers who will work for less and no benefits.  If that’s the case, then shame on them for cutting out health benefits for such a committed group of people. In the long run,  that is not a sustainable business model.
  5. They forgot that technology works both ways.  Let’s hope that photographers don’t forget that they can use technology to their advantage – that is if they can get past their fear.  Alex Garcia of the Chicago Tribune, writes in a blog post:  “Fear is the worst and greatest enemy of photographers. Why? Physiologically, fear triggers the fight or flight complex. You can’t think creatively, imaginatively and proactively when your entire body is pumping blood and adrenaline to the parts of your body necessary to fight barbarians at the gate. It pushes your body into a reactive-about-to-become-a-victim state of mind. The very creativity that is your unique selling proposition as a photographer is crippled. Your body become’s your mind’s worst enemy.

We no longer need a publisher to publish our images.  With technology we can create and publish with a variety of platforms and portals.  Just take a look at Issuu a portal for digital publishing. With a modest amount of effort, I put together a test for a new magazine called “The Back Story”.  Future issues will be composed of my image outtakes from the dozens of commissioned assignments that I’ve shot over the years.  Maybe, down the road it will include other photographers’ work and give the readers an opportunity to see the images that never ran and get “the back story.”

Fear not, my fellow professional photographers.  We are in a position of opportunity if we begin to realize that and make a conscious effort to change our mindset.  We don’t have  control over the choices that the Sun-Times or any other newspaper makes. We only have control over how we react to those changes. If we think and act smart and not from a position of fear, maybe one of the best business decisions we can make is to take control, and create and publish story telling images that the public will want to see.  And the public  won’t be finding those kinds of images in the Chicago Sun-Times.

 

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