If you would like to view the beginning of this 8 part blog series, please click here.
Part 8: What makes me a good client? Does that matter?
There’s an old wise saying that says, do unto others as you would have them do unto you. These are wise words whether you apply it to business or life in general.
Here are a few things that come to mind that makes a good client:
1. Be prepared: As we discussed in Part 5, the more specific you can be with the scope of the project, the more accurate we can be with the estimated cost. This includes client expectations. Do they want this project to look better than anything they’ve seen before or do they need it to be down and dirty? We know you may not have all the specifics every time, and in those cases, we can give you a “Ballpark” cost. When you find out more details, let us re-estimate.
2. Be honest: If you’re required to get three estimates and you have a good idea they want to work with someone other than us, tell us. We will be happy to get you an estimate, but most likely won’t spend as much time putting it together. On the flip side let us know when we have a good chance getting the project. Be honest about the budget. I don’t know any company or agency that doesn’t have a ballpark idea what they want to spend on a project. I’m sure there are a few, but that get’s back to being prepared. Let me offer an example. Who goes to the grocery store with $50.00 in their pocket and loads up two carts full of groceries? Chances are you know that $50.00 isn’t going to do the trick. We understand if you have a policy of not giving out an exact number, so give us a ballpark. “I think we need to be between $5000.00 and $10,000.00”. Knowing this information could allow us to give you a couple of options or determine if we can do the project at all, as described in your brief.
3. Think of us as part of the team: By nature, we are problem solvers and communicators. The earlier and more we can be involved with your marketing team, the quicker and better we can help you be a winner in your client’s eyes. 99.9% of the vendors I know, want you and your clients (company) to be successful. We’re not the enemy you need to beat-up and defeat. We’re part of the team that’s here to help you succeed.
4. Realize this is a business: Estimates, Contracts, Terms, and Conditions, Service Agreements, etc. are all important. Every word and sentence is important and has legal ramifications. These legal documents aren’t for when everything is going well, they are for when things get unsure, there are unexpected changes, or there’s a misunderstanding. Most of these documents are boilerplate and can have very prejudicial clauses in them. Things like, “Work for Hire” (If you don’t know what it means, google it.), things like, we require you to carry 8 million dollars in liability insurance for us to work at your studio. These types of conditions are non-starters and will need to be negotiated out or compensated for in the contract. Legal negotiations happen all the time and are part of the process.
5. Help us help you: We know for the most part budgets are tighter than ever. We know you’re overworked and underpaid, so let us take some of that burden off your shoulders. We are professionals. We have more than likely worked on a project similar to yours. If you let us, we can bring a lot to the table and make the project run smoothly. We are problem solvers and our goal is to help you look awesome to your client. On the flip side, we can learn a lot from your perspective also. It’s always a two-way street. Realizing everyone is human is another key component. For example, I may have had a best friend tell me they have incurable cancer the night before the shoot. You may have had a child throw a mind-blowing temper tantrum before you arrived at the project. If we all communicate we’re having a not so stellar day, you’ll be surprised how everyone will rally to the need and make a bad start to the day turn around.
6. Last but not least, does it matter? Only if you want to get the best possible work from your vendor. Only if you want to enjoy life, even while working. If not, ignore our suggestions.
Part 7: How long will this take? I need these photographs right away.
The answer to this question comes with a lot of variables. The short answer is, it depends on how specific and prepared you are with your photo request. It also depends on how complicated the attorneys or legal department has made it to work with creatives. Last but not least, it depends on the relationship you have with the photographer/vendor, if any.
Let’s first discuss the, (being specific and prepared) part of “How long will this take”. Whether you’re a small company looking to do a professional photo shoot for the first time, a large corporation, an Art Buyer/Producer or Art Director, the more specific you can be, the faster we can start shooting the job.
If you provide us with a specific shot list, shot descriptions, usage needed, look and feel mood boards, a ballpark budget, and deadline, we can get your project started pretty quickly. Maybe in a week or less depending how complicated the project is and the crew/photographer’s availability.
On the other hand, let me give you an example of what will slow the start of a project down. It’s not unusual that we’ll get an email or call asking for a cost of shooting “10 (some kind of) product shots” and 5 (some sort of lifestyle) shots. This doesn’t give us enough information to give you an estimate. What kind of product shots? Are they chrome teapots? These take a long time to light and retouch. Are there any group shots? These take more time to set up and light. Do you want props around the products? If so, who’s getting the props? What kind of surface do you want the product sitting on? Are we going to shoot the products at a low angle? If so, what kind of background do you want behind them? What kind of lighting do you want? Do you want any special effects? Is your product photo ready or will it need to be unpacked and assembled? Who is packing the product back up for shipping?
Do you want the products shot in the studio or location? If location, where is the location. Depending on the complexity of the shots and location, this may mean we need to rent a van to haul all the equipment needed. I may also require additional crew to assist with the production. I’ll stop here, but there are numerous other specific questions that will need to be answered just to get you an accurate estimate. Now, let’s talk about the lifestyle shots. What is the location? Is it a home? Is it a business? Is it in a park? If its a home, what style of home? Do we need to find a contemporary or traditional home? Will we need to prop the home? What kind of props and who’s shopping for the props? If it’s a business, do you have one in mind? What hours of the day can we shoot in the business without interrupting it? Will we need to pay them rental fees and employee overtime? Will they require a certificate of insurance showing we have liability insurance covering them, if something goes wrong or damaged? If we are shooting in a park, on a sidewalk or street we will need permits. This can sometimes take a week or more to locate the proper authorities and secure a permit. Photographing on location, will most likely require a “location scout” to go out and photograph different locations for your approval. Will we need models? How many and what ages? What ethnic mix do you want? Now you will need a hair and make-up stylist, a wardrobe stylist, a production coordinator to make the production run smooth and coordinate the models, catering, where the models change, etc., etc. As you can see a simple product shoot can get complicated very fast. The more of this information we know up front, the quicker we can estimate the cost of the project and begin checking on the availability of crew and talent.
Now let’s discuss the other major factor that can effect, “ How long will it take?”. “Legal”.
Let me give you a vendor’s prospective and a little editorial opinion. We’ve both worked for many of the world’s top corporations and a lot of the countries top advertising agencies over the past 30 years. Over that time we have seen the legal end of a photo shoot only get more ridicules and complicated. As little as ten years ago, P.O.’s and Terms and Conditions were usually less than a page long. They were pretty standard and for the most part reasonable. Since then the legal aspect of photography/motion has gotten crazy. It’s not unusual to see a P.O. that is 3 to 5 pages long and a “Master Service Agreement” can be 10 to 20 pages long. Here’s my editorial opinion on this. It seems to have gotten more complicated when personal relations with the photographer/vendor started to get devalued. As few as 5 years ago there was a lot more in-person interaction between a client and photographer/vendor. For example, In-person client meetings, in-person portfolio showings, after hours get togethers and phone calls were commonplace. Now, most everything is primarily done via email, text, or face time. These give you very little if any real understanding of the person you’re dealing with. When you meet someone in person you can get a since if they are honest, trustworthy, passionate, flexible. With quick forms of digital communication it is much harder, if not impossible to translate these attributes. Ok, that’s my editorial opinion. Having said that, we all have to deal with the way things are currently. This usually means our terms and conditions are longer and more complicated also. It also means we usually have our attorney look over the legal paper work and suggest any concerns they may have on our behalf. After this, we have our attorney contact your attorney or legal department and hash out a revised legal document if changes are needed. This all takes time and money. Trust me, we don’t want to be thought of as hard to work with, but we need to make sure we protect our business interest, our ability to make a profit, and not get ourselves in hot water down the road. These are serious and important documents where every word has legal ramifications for both parties. Unfortunately, what the attorneys agree to often doesn’t get passed on to the person at the photo shoot. This can cause issues. I suggest making sure you know all the current terms and conditions of the contract before the shoot. It will help avoid issues why’ll shooting. The quicker we can get these documents the quicker we can get started with this process and the faster we can get your photography project started.
Part 4: What is Image Licensing?
A discussion of Image Licensing - or the licensing of any intellectual property - begins with an agreement to accept the the Laws of Copyright, first enacted in the United States by Congress in May, 1790. Copyright Law says that upon creation of a work in a fixed form, that work immediately becomes the exclusive property of the author who created it. No one else can claim copyright of the work, and control of its use is a the discretion of the copyright owner. A copyright holder has the option, but not the obligation, to permit the use of one or more of his/her copyrighted works. This permission is often granted through a license agreement that stipulates the specific work being licensed, the exact use(s) being granted, and the duration or term that the license will be in effect, after which time the license expires and ownership of the work remains with the copyright holder/creator.
Under treaty of “The Berne Convention for the Protection of Literary and Artistic Works”, over 170 countries agree to mutually respect each others’ copyright laws. Copyrighted work can be literary, musical, dramatic, pantomime, choreography, pictorial, graphic, sculptural, motion picture, audiovisual, sound recording, architectural work, mask works fixed in semiconductor chip products, or a computer program.
Copyright gives its owner the exclusive right to reproduce, distribute, perform, display, or license that work, and to produce or license derivatives of his or her work. Works are covered whether or not a copyright notice is attached and whether or not the work is registered. Copyright ownership occurs automatically at the moment of creation, and no one but the author can claim copyright to the work, unless the author grants rights to others in a written agreement. This is a very important aspect to know about photography. If a photographer photographs a project for you and doesn’t include in the contract a written licensing agreement, you have nothing. Per the US Copyright Laws, unless some form of usage licensing has been transferred to you in writing, you have no legal right to use the images. If you have a photographer shoot a project for you and just hand you a thumb drive with the images, you paid for nothing. Get the transfer of the copyright licensing in writing!
How does this apply to photography?
Photographs have a shelf life. Clothing and furniture styles change, old products are updated and new ones introduced, employees come and go, companies move and add locations and facilities. Commercial photographs need to change along with all of those business variables, and so a photograph that works today may or may not be the right image in 2 or 3 years. It sounds obvious, but before a photograph is created by a photographer, the photograph doesn't exist. It is the action of the photographer that creates an image. And it’s his control of an image’s use through licensing that is the foundation of the business model for professional photography. The license not only grants use rights to licensors, but provides a mechanism to prevent or prosecute the theft and un-authorized exploitation of an image by non-licensed parties, like a client’s competitors.
There are two fundamental advantages in the image license model to the consumer. First, since each different type of use is factored into the license cost, clients can purchase only the uses they need, instead of purchasing an expensive “all-use for all-time” license which would be prohibitively expensive. The second advantage is that if the image proves successful for the client, the license can be renewed at the end of its term, usually for a fee substantially less than the cost of a new photo shoot.
There is a third advantage, often overlooked by clients, is the very real incentive to the photographer to work even harder to create exceptional images. If the goal from the beginning is to create images that exceed the client’s expectations, and if there is a reward for that effort in the form of future licensing revenues from images that continue to offer value to our clients, the result is a win-win situation, with the client saving money on future shoots and the photographer being compensated for outstanding and timeless work.
Often clients don’t want to have to decide how their images will be used up front. Although that sounds reasonable, with a little investigation of advertising and publishing history, a fairly accurate expectation of uses can be identified. This is invaluable to both the client and the photographer so that, in the estimating process, the professional photographer can address requirements for resolution, size, media and methods for display and publication, and ensure that the images produced will meet the technical requirements for use.
This discussion won’t be complete without a mention of the wildly popular concept of “Work For Hire”. Irrelevant, yet often proffered in client-supplied contracts, “Work For Hire” is an attempt by corporations to gain the immediate copyright ownership for work done by employee photographers, without actually employing those workers. “Work For Hire” clauses typically assume that the company, not the photographer, will get immediate ownership of each image copyright upon creation (just as would happen in the case of works created by a company employee), but are accompanied by an “Independent Contractor” clause that states that the photographer IS NOT an employee, must work as a completely independent entity (providing his/her own equipment, transportation, insurance coverages, liability indemnification, tax responsibilities) and relinquishing any and all rights to use of the images they make, and standard employee benefits like guaranteed contracted employment, health care coverage, participation in pension and retirement plans, company-provided tools and equipment, coverage under blanket company insurance for liability, errors and commissions protections, and workman compensation in the event of an accident. Often presented at the last minute as a requirement for awarding a project that has already been negotiated, this is a one-sided, rights-grabbing tactic that inexperienced photographers often agree to without understanding its impact, but which experienced professionals recognize as an untenable demand and almost categorically strike from the contract.
If a client truly feels that they need the unrestricted use of an image, with unlimited rights in perpetuity (and on planets yet to be discovered in galaxies as yet unseen), a license can be created to give them those rights. It will, however, be expensive. Some might say ‘out of this world.
Recently we were asked by one of our clients to fly around the country and photograph their retail stores. How hard could that be?
As always, it's never as easy as it looks. The client requested they all needed to have a consistent look and feel.
If you've ever shot on location, you know this isn't as easy to achieve as one might think. Here were just a few of the challenges we had to overcome.
1. Weather: All the locations had different weather conditions. Some locations were perfectly clear, one location we were dodging thunderstorms, and others were totally cloudy when we needed to shoot.
2. We had only one opportunity to get the photograph: Since we had a number of locations and a tight schedule to keep we didn't have the luxury to wait until the weather was perfect to get the shot.
3. Circumstances out of our control: A number of the locations had surprises. All of the store's exterior lights are controlled by the corporate office.
There was no switch or timer that we could control at the local retail store to turn the lights on or off. For some reason one of the stores exterior lights didn't come on until way after dark. Not ideal shooting conditions. Another location had brick pavers instead of asphalt as it's parking lot surface. Last but not least, one of the stores had a tree planted that obscured the view of the building at the angle we needed to shoot.
As you can see, with the talented retouching artistry of Tiffany Matson, we were able to make the stores look beautiful and consistent.