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Photo Business News & Forum: August 2008
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Saturday, August 23, 2008

PhotoSynth - The Landscape of Photography is about to Change

Two years ago, I was blown away by the demonstration I saw during a visit to the Microsoft campus of the PhotoSynth application. I wanted so much to get my hands on it.

Then, when speaking this past July at the Microsoft Pro Photo Summit, they announced it would be coming out this Fall. I was SO excited to get my hands on it.

Now, they've announced its' available immediately for you to use with your own images.

So, what do their Terms of Use say?
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In relevant part to rights:
Except for material that we license to you, we do not claim ownership of the materials you post or provide on the service, and you reserve all other rights (including copyrights) in your materials. However, with respect to content you post or provide you grant to those members of the public to whom you have granted access (for content posted on shared and private areas of the service) or to the public (for content posted on public areas of the service) free, unlimited, worldwide, and nonexclusive permission to:
use, modify, copy, distribute and display the content solely in connection with the service;
publish your name in connection with the content; and
grant these rights to others.
These rights do not allow Microsoft or anyone else to use your materials separate from the service. The service may enable you to include licenses that allow Microsoft or third parties to use your materials separate from the service, but such licenses are not applicable to use of your materials in connection with the service. Microsoft is not responsible for third parties violating the license you provide.
All rights granted herein terminate when you remove your content from the service.

Whew! That last sentence is especially positive. It's clear here that Microsoft wants to share whatever you create on PhotoSynth, but not trample on your rights.

Sadly, I am stuck for the next few days in the Baltics, with a very slow internet connection, or I'd be uploading images right now. They've got a blog here, and you can begin to set up an account and work with it here.

I had expected I could download an application, and synth the photos locally, but that's not the case. I hope that will the case in the future. Speaking of the future, If you saw Blade Runner, this technology might look familiar - Deckard used something very similar in the movie - hit this link to see the segment that's on YouTube about it. Strange to see movies predict the future, except that PhotoSynth is so much more!

The application requires Windows, and, thanks to my trusty Parallelsapplication, I can use it within a window on my Mac.

Since July, I've been dreaming of ways to use this application to serve my clients with an immersive experience either of what I do, or what their product or service does for the public. I see the landscape of photography and its' experiential nature changing as a result of PhotoSynth - photography will be much more interactive, and this will give viewers/users an experience that video cannot, because the user can explore within the scene - a radical new concept.







Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

Thursday, August 21, 2008

A Weakened Copyright Thanks to an Old Fogel

No greater example that I can think of comes to mind when photo consultant Leslie Burns-Dell’Acqua (soon to be lawyer!) writes on her blog - It’s not whether you win (8/21/08) - "In law school, one of the very first things they teach you is that the law is not even close to black and white–it’s an interpretation of meanings and previous decisions" than the latest news on the Copyright front smacked down by the judicial fiat of U.S. District Judge Jeremy Fogel where we copyright owners now have to
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consider "fair use" before we send a DMCA Takedown Notice to someone for stopping the infringement of our works online.

Wired reports in Judge: Copyright Owners Must Consider 'Fair Use' Before Sending Takedown Notice, 8/210/08:
"In the nation's first such ruling, a federal judge on Wednesday said copyright owners must consider "fair use" of their works before sending takedown notices to online video-sharing sites...The DMCA requires removal of material a rights holder claims is infringing its copyrights. If it isn't removed, legal liability can be placed on YouTube or other video-sharing sites."
See Carolyn Wright's post - Using the DMCA Takedown Notice to Battle Copyright Infringement - 8/1/08 , for more information on how you do that.

This judge's fiat takes the notion of the law not being black or white and makes is fuchsia!

Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

Wednesday, August 20, 2008

Dispatches From the Edge: Avoiding Excess Baggage Charges

One of the things that I hear often from colleagues is about the cost and logistics of travelling with photo and computer equipment. Nowadays, travelling with a digital workstation is almost always a given.

I am on assignment (today) in Stockholm, and will be doing heavy image processing and backups for the duration of the trip, so having a computer in the rooms wherever I am is critical.

Taking a computer safely and securely is an absolute necessity, so we have cases made that do just that. Today, we're highlighting our VersaFlex case that we use to transport - domestically (and now internationally) our 24" iMac.

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Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

Dispatches From the Edge: 40,000 Feet

When I talk to friends and colleagues, every once and awhile the conversation turns to how I accomplish whatever multitudes of projects I am juggling. Many friends get emails from me at 3am, others via my iPhone midday, many wonder about the intern program I maintain year-round, juggling speaking and answering e-mails from a variety of colleagues about their own negotiations, running the blogs, and, oh, right, shooting (which is what actually pays the bills).

The answer to how I do it is:
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Time-slicing and multi-tasking. Above is a photo of my workspace at 40,000 feet, enroute an assignment overseas for 14 days. Normally, the time from when someone leaves the office to when they board the plane to arrive at their final destination would be down-time. Here's what transpired during that time for me:

Depart Office - 11:45 am - Took assistant with me to discuss what she's doing and the analog-to-digital project she's working on. The ride was 45 minutes. 35 minutes was spent discussing that, and 10 minutes was spent on the phone with a photographer in the midwest who was looking for advice on how to handle pricing an assignment he was being asked to do. I'd previously taken his call before leaving the office, and asked him to call me at 12:30, which he did.

Arrive at airport - 12:30 - Once past the TSA checkpoint, an e-mail came in from a client looking for an estimate for a job mid-September. I forwarded that e-mail on to my post-production manager to do the estimate, and gave her guidance on the fees for it. When I called to confirm she'd gotten it, I was in line for lunch near my gate. She informed me that she was on the line with a photographer in New York who needed some job pricing a job that was shot on spec and now the possible client wanted the images. Grrrr. No Spec! Anyway, I walked her through that while waiting for the order I placed to be made.

1:15 - Waiting to board plane - checking e-mail another estimate request came in for an assignment the day I get back. Call the office, and use the iPhone to conference in the the prospective client (editorial) and confirm their budget, and other details. Hang up from conference, and get onboard plane at 1:30. While waiting for other passengers, re-connect with post-production manager about the estimate, and have her prepare the estimate. 1:44 - update Facebook status. 1:45 - Wheels-Up Washington enroute JFK.

1:55 - 10,000 feet. Begin Season 1, Episode 1 of Entourage. I know, I know, you Entourage fans. I am late to the game. I downloaded the whole season from iTunes, and will time-slice and watch what I can when I can. I get through 21 minutes of the first episode (already hooked - Jeremy Piven is awesome in the Sushi restaurant scene where he talks to "pizza boy" about a $4M deal for the actor they both are advising. Preparing for landing, so gotta shut it down for now.

2:35 - Arrive JFK, and head to wireless access point (WAP) and power source. Connect online, and call office. Review estimate that was sent to me while in-flight. The PLUS language on the contract was not consistent with this assignment, and so I asked my office manager to make the changes to the paperwork, and then it was okay to send.

3:10pm - Prior to departure, my assistant who had driven me up had done copywork (Returning to the (Digital) Darkroom, 6/5/08) of 302 medium format images we're sending off to JaincoTech to get scanned and keyworded. The 302 images were in about 47 files. At the WAP, I reviewed all 302, and had to write captions for about 110 of them. I used my PhotoMechanic software to edit the images. Each image was easily viewable and had 9 separate small images. I was able to put the captions into each file for nine images at a time.

4:15 - mid-September client changes timing for assignment from 7am-11am to 5am - 10am, and wants a revised estimate, and wants to know if that changes the price. (Answer: Yes, it does!). Call office and have a revised contract sent.

4:30 - Video conference with post-production manager about questions she had for work she was doing. Handled that at the same time as continuing to caption.

4:45 - Reviewed the liveBooks website that will go-live in the next 24 hours for my post-production manager. It looks great. (Yea - it went live while I was in-flight - check it here!)

5:05 pm - from the WAP, I emailed back the 47 files using PhotoMechanic's handy and automated "e-mail files" feature. I had to end the video conference because of bandwidth issues, and the files went to her via e-mail and she got them all.

5:10 - A call from a colleague needing help with e-mail language because her client was saying she was too expensive, so we had to justify the value she brought to the assignment.

5:15- Video conference with colleague who will be changing jobs soon and we discussed the landscape that they are entering (and also that they're leaving.)

5:30 - Head to gate. E-mail comes in from mid-September client wanting to extend the rights package and add in advertising. I responded that we'd get her two new estimates in the morning. She tries to tempt me with "this will be an annual thing" but she wants longer than a year for the use. In my response, when justifying the added rights package costs, I explain that with the extended time, that diminishes her need for me next year.

5:45 - On plane, doors still open. E-mail comes in on iPhone responding to my e-mail. I respond to hers.

5:55 - (10 minutes late). Doors close. I inadvertently leave my phone on, and while we're sitting on the tarmac holding for 30 minutes, I get another e-mail from her. Convinced that sitting on the tarmac and not moving at all, I respond to her e-mail, CC-ing my office so they are in the loop on the entire conversation.

6:45 - We reach 10,000 feet. All devices ok to be turned on. Laptops come out. I have a portrait of Ludacris (left screen) to edit (including DNG processing) note the PNY "Eyes of History" thumbdrive in the photo below, and on the right screen I have about 1,500 or so e-mails to wade through - about 98% of which are spam, but I need to find the 2% that I want to keep. I like to take my in-flight time to clean up all my inboxes, migrate files to folders for archiving, and so forth.

7:45 - Appetizers served (see behind laptop). I pause to pull out the Nikon D700 I am getting used to, as it will be an integral part of this trip. The camera is new to me, and I am excited to check it out, since it just arrived earlier this week. I decide that making a frame or two of my in-flight office would be of use, so that's how the above photo came to be. DNG processing is going along just fine on second laptop.

8:29 - Finish up with the D700 (yes, somebody will check the EXIF data to confirm that, I know.) Flight attendant is hassling me about finishing my appetizer, so I do. Open up the files I shot of my workspace and make them look their best. Feel free to click the image to see it larger. Nice how the D700 holds up at 6400 ISO, and gotta love that FX-Full Frame! (Click photo at top to see it larger).

8:45 - Begin writing this blog entry. Not sure how to approach it, at first. I know people will give me crap about my accommodations, but it's workspace people. Can't you tell I am working here? Salad arrives. I choose both chicken and vegetables to accompany it.

8:55 - Flight attendant hassling me about being ready for my main course. So I pause to finish the salad.

9:02 - Dinner arrives. Work on this blog entry some more. I know you have high expectations.

9:26 - Flight attendant hassling me (seemingly after every bite) "are you done with that". I guess most people don't take 24 minutes to eat a small plate of food.

9:30 - Finish dinner. Much to my pleasant surprise, he offers a hot fudge sundae, then, he offers butterscotch. Damn. That's like choosing Kirk or Piccard! Make my choice, and he whisks away my dinner and 2 minutes later, the sundae arrives.

9:35 - Finish sundae, DNG's finished processing. Head back to killing spam e-mail. Note I didn't linger on the time it took to consume the dessert! Hey - the ice cream would have melted!

10:25 - finished with spam, all mailboxes nice and neat and tidy.

10:26 - Settle in to the end of Entourage 1:1. My mind needs an interlude.

11:10 am - Crack open my ASMP 7th Edition Professional Business Practices in Photography that arrived (A Must Read - ASMP's Professional Business Practices in Photography, 8/2/08). I am excited about all the fresh content. I am especially excited to revisit advice from Emily Vickers and Elyse Weissberg, who were mentors of mine from 15 years ago. Their pieces are re-purposed here even though Elyse has passed away - her genius lives on, and I am excited to re-read her counsel which is just as valuable today as it was then.

12:05 am - Crashing. Not the flight. Me.

Changing to Greenwich Mean Time (GMT). That's DC + 5 hours. It's now Wednesday.

6:07am - Landing. The flight. Not me. (that would be 1:07am Eastern Time for those math-impaired).

7:10am - Though security, and looking for the lounge where I can get to a WAP. A big thank you to my intern John Birk, who noticed that I was using for my day-to-day travel around the US the ThinkTank Airport Security. John commented that I needed the ThinkTank International because it was just an inch smaller on two dimensions. So, the day before I left, we stopped by the local camera store to pick one up. Sure enough, spying my bag as I rolled through security, I was asked to put my bag into the form to see i it was oversized. I took a deep breath, and slipped it in. It fit so snugly that when I lifted the bag to remove it, it was slightly wedged into the form and the form actually came off the ground before I was able to slide the bag out - and I was allowed to proceed. Damn those ThinkTank people know what they're doing!

7:20am - Get to a WAP. Connect, and let my laptop update all the deleted and moved e-mails I worked on offline thanks to the beauty of IMAP. Outbound messages get sent.

8:00am - Post this blog entry.

Nap until flight at 11:15am to Stockholm. Gotta sleep somewhere. It might as well be a lounge in LHR. They do have showers here.

So, that, friends, is multi-tasking and time-slicing. The above is, to answer the rhetorical question that friends and colleagues keep asking, how I do it.

Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

Tuesday, August 19, 2008

Ask And Ye Shall Receive



Just the other day, a colleague of mine called to ask for some advice. He'd photographed a group portrait, and one of the people in the group portrait needed a headshot, and wanted their headshot isolated out from the others in that group photo, for their own use.

Separate use for separate company, distinct from the company that hired my colleague for the group photo. How did we talk through the pricing?
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First, my colleague was using a large chip camera - a EOS 1Ds Mark III, so cropping in was no problem. Second, he wasn't obstructed by other people in the picture, and could easily be isolated. So, what to charge?

Well, I first asked him what he'd charge for the portrait for PR purposes, and the number that came up was about $800, all in. Ok, so the argument goes - when you're shooting something, there's a chance that the final photo won't be exactly like you want. With an existing image (i.e. stock), you know exactly what you're getting, guaranteed, so the price for that stock shot should reasonably be concluded to be higher because there is no risk, and you are getting exactly what you want. So, we determined that relative to $800, a figure of $975 is fair, not to mention the fact that the subject doesn't have to be inconvenienced by the timing and efforts involved on their part for the portrait. Further, I was of the opinion that a figure over $1,000, relatively speaking, would be a barrier this client would not get past.

So, did the client agree, when we cited the above information as a justification for our pricing?

Yup. $975 - check is in the mail.

Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

Sunday, August 17, 2008

APhotoEditor Launches "APhotoFolio" Service

Wildly popular for his irreverent commentary during his stint as a salaried employee at Mens Journal as a Photo Editor for his no-holds-barred opinions about photographers, photography, and the business in general, the formerly anonymous APhotoEditor has launched a website design service - APhotoFolio - and he makes some insightful points about just how important having a top-quality website is, and he details what he offers:
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4 Things Every Client Wants - "I’ve spent enough time as a Photography Director hunting for a phone number or “gadzeeks” even the link to the portfolio to know these things need to be available the second a client visits your website."

The Window of Opportunity - "How much time will a potential client spend on your website? I’ll bet the average is around 20 seconds, but I’ve spent as little as 1 second and as long as 10 minutes on a site. The first impression is critical (that’s where the 1 second comes in) because if the design, logo and the first image I see don’t add up to a certain taste level, then I’m probably wasting my time."

Why Our Control Panel Kicks Ass - One commenter wrote - "in my eyes, the control panels and administrative interfaces are what make or break an application for me. A product can have a beautiful design, but if I have to do too many manual steps to get work done, the work won’t get done."

10 Reasons Photo Editors Will Love These Designs - Among them - 3. Email a photo option - If the Photo Editor sees the perfect shot and wants to send it to the Creative Director, they can click the email a photo link and it’s done; and 9. iPhone and html ready Ever visited a flash website on your phone. It’s like it doesn’t exist. Our websites automatically create html and iPhone mirror sites that load when they need to.

10 Reasons Photographers Will Love Our Websites - among them - 2. Switch once for Free and $100 each time thereafter. - If you get tired of your design no worries just switch. How’s this for a sweet deal: after a year you want to freshen up your look, switch for free and only keep paying the $17/month hosting fee. We will have at least 4 more to choose from a year from now, if not more; and 5. Wordpress Blog included - You don’t have to get one when you start either, we’ll add it whenever you ask. Having a blog on your url http://www.mysite.com/blog is an excellent way to get seen in google searches.

Rob's service, with a $1,000 one-time set-up fee and $17/mo has a higher initial cost than, say, SiteWelder, but is less expensive over time on the annualized costs; and then there's the cheap (and it shows) route of BluDomain, with their $100 and $400 sites.

One question I know Rob will get (and I've addressed the importance of - It's Google's World, You're Just A Small Part of It, 11/28/07; and SEO - Wild Wild West or Reason & Logic?, 3/4/08) will be how do his sites handle SEO and crawl-ability, and thus, how do they rank on the search engines? How they're designed (i.e. how they look to Google's spiders) is one thing that can be learned in short order, the other - ranking, will be something that we can learn over time. From a design standpoint - I think they look awesome, and are worth a look.

Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

PDNPulse - A Sweet Makeover

Over the weekend, an evolution occured. Photo District News' website had a major makeover. This isn't just a new skin, it's a whole new site (Pardon Our Dust, 8/11/08), and it's really very cool.

I was poking around and checking under the hood, and
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My first stop was their COMPASS feature - which allows you to search for people by location and the dates they will be in that location. Tuesday, for example, I head overseas for 12 days of assignments, followed by assignments state-side in New Orleans, North Carolina, Texas, and then I will be in New York for PhotoPlus in October. The Lightstalkers site has been the closest I've seen to this ability to keep track of people, in their "On The Move" section, but it's textual, and not by date. I am able to go in and update, extend, delete, and otherwise customize my travel schedule that can be seen by someone who might be looking for a photographer in a particular location - or by people who may want to meet-up with their colleagues overseas. I can easily see COMPASS - which is free, being used as a tool by photo editors looking for photographers in a specific city (or even nearby) as well as fellow photographers.

Once you've entered in those dates, you can also see them geographically on a map:

Further, when you mouse over one of the red push-pins, whomever that pin represents brings up information that you can click in to learn more about. (click to enlarge the image)


Also of very cool note is the entire new Multimedia section, where all the videos they've done can be seen:

Kudos to PDN for their new site - it's got a lot more features than I've highlighted here, but it's worth taking some time to browse around in, so check it out - PDN Online.




Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

Thursday, August 14, 2008

UPDATED: Paint It Black - Sports Sidelines Changing Shades

This year's Olympics should well be the turning point where the sidelines of sporting events are - to pay homage to AC/DC - Back in Black. Nikon's flagship D3 - even with a smaller chip than it's competition the Canon EOS 1Ds Mark III (and even it's predecessor the 1Ds Mark II) has painted the sidelines at the Olympics (and so too, the news event press pens in DC) more and more black. (Click the photo to see it larger). This is substantially due to Nikon's high ISO - insane at 25,600 ISO, and amazingly useful at 3200 and 6400 ISO without having to even think about it much. To add to this huge lead, consider Canon's faltering with the autofocus mis-steps as highlighted by Rob Galbraith (repeatedly).
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In a few days, I'm headed overseas on assignment for two weeks, and I'll be working in mostly low-light museums and other national treasures in several countries. Even though I own an EOS 1Ds Mark III, and Mark II, instead, I am choosing to take my D3, and a D700 as well. It really was a no-brainer given the multiple times I won't be allowed to use flash - but still am required by my client to make images during the trip. My Canons will sit in the equipment cabinet back in the office.


UPDATE: While Gizmodo is busy counting $253,000 in gear - Quarter Million Dollars of Digital Photo Gear in a Single Photo (8/15/08), hit their link to see 23 cameras at work, and EIGHT of them are Canon's.

Feel free to add links in the comments to other images of this nature!


Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

Microsoft Mis-Steps on Intellectual Property

A contest that was purported to highlight Britain through "recommending" images that are not your own has turned into a black eye for the good folks at Microsoft (NASDAQ: MSFT). In reality, the program was really designed to get people familiar with Microsoft's "Live Search" functionality. I say "good folks" because they've been working hard to improve their positive visibility in the past few years, with the Microsoft Pro Photo Summit, Microsoft Icons of Imaging, http://www.blogger.com/img/gl.link.gifpaying photographers more reasonable fees for licensing of images for Vista, and their soon-to-be-released PhotoSynth promises to redefine the landscape of photography - literally. Yet, the Microsoft's Iconic Britain has raised the ire of the usually free-wheeling rights-easy folks in Flickr forums (see here), so much so that Nikon UK took the unusual step of releasing the following statement:
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"Nikon UK would like to confirm that it has formally withdrawn its support from Microsoft's Iconic Britain competition. This is due to the feedback and concerns raised by photographers and entrants surrounding the competition mechanic that was developed and promoted by Microsoft. As the camera prizes that were on offer have already been won, Nikon will fulfiLl its commitment to these winners, however it will not be associated with the competition going forward."
What's wrong with the competition? The action of submitting someone elses' image - however complimentary - is an infringement. It is the unauthorized distribution/transfer of one persons' images without their permission. Further, the winners of the competition are those that submitted the images - they get something for the quality of someone elses' work. How does this work?

Well, if you have pages and pages and pages of amazing images, and you have sponsor logos and promotional materials adjacent to these images - the sponsors gain the benefit of association, the pageviews and click-throughs that accompany them, and so forth. The unwitting "entrants" have, in most cases, no idea that their work has been submitted to a contest. Imagine that they have this great image on display on their website, and decided to submit that image to a contest that had as it's requirement that it either had not been in another contest, had not been published previously? These are just a few of the potential problems associated with this contest.

Nikon makes a point in their retraction from the contest "moving forward", that the contest award winners have already won the cameras, but I expect that this contest will be a one-time thing for Microsoft, given the negative attention it has garnered. CNET does a great job here of dissecting the language from Microsoft and Nikon UK, where they're trying to dance around how they're going to wrap up this contest. What is troubling to me, but wasn't highlighted by CNET, "the competition's final stage -- planned but as yet without a date -- would feature photographs for which Microsoft is "currently obtaining the copyrights"." CNET parses everything else, but not the point where Microsoft is trying to obtain "copyrights". Folks - that's a quoted word - "copyrights". Not "currently obtaining the rights..."

Kudos to the Pro Imaging website for their efforts on this.

Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

Tuesday, August 12, 2008

Photo Business News & Forum - Top 10

Last night, we surpassed 1.2 million pageviews for the blog, and hope that everyone who's been here has learned a lot! Here are the top 10 posts, in order of pageviews, during that time.

  1. Nikon vs. Canon - Introduction - Our head-to-head comparison of our two newest cameras, back in December of last year, the D3 and the EOS 1Ds Mark III.
  2. Photo Booth Rig - The 'in detail' demonstration of a really cool photo booth where people can make images of themselves, and get a print, in under a minute!
  3. State of the Union - From the Photographer's Perspective - a look at how the photographers covered the event (including me), as well as some insights into the work environment and challenges we all face.

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  • A Must Watch - Do You See Yourself? - Harlan Ellison's on fire in this 3:24 piece excerpted from the upcoming feature documentary on him "Dreams With Sharp Teeth"
  • The Conundrum of Doing Nothing - This post, in such a short period of time saw a grassroots spike in readers. The bottom line - doing nothing can be very profitable!
  • US Presswire - Introduction - Many of you apparently 'saw the light' and spread the word about this in-depth piece on how bad shooting spec, especially of sports, is for you. It wasn't without it's detractors, of course.
  • Orphan Works 2008 - A Wolf In Sheep's Clothing - The orphan works dilemma needs to be solved. Just not this way. Museums and libraries find their missions frustrated by an inability to identify and contact rights holders
  • Anatomy of an Assignment: 3 Minutes and Counting - This post will always hold a special place for me, as it was the basis for the AssignmentConstruct site.
  • Free Not Working for Thee? - I hear a great deal from photographers who are asked to work for free, or whom were replaced by someone willing to work for photo credit, and paying to shoot something (by way of paying un-reimbursed expenses associated with the no fee shoot).
  • The Art of the Retoucher - This was a very early post, about how amazing retouchers work, and links to some of their samples.

So, you chose them - send the links to your friends, and share the knowledge!

Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

Monday, August 11, 2008

Heineken In Hot Water Over Alledged Copyright Violations

Well well. Heineken is the latest Virgin Mobile to fall into the Flickr trap with their allegedly infringing uses of a large number of photos from the Flickr site, with thanks to Rob Haggart over at A Photo Editor for bringing this to our attention - (Heineken Discovers Flickr Isn’t Full Of Free Photography, 8/11/08).

Haggart recieved a letter from one of the allegedly infringed photographers, and the offer to "settle" the matter was
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about $30 USD. All sorts of screen shots (here) show Heineken's website with the images there, since the site has been taken down. Here's one of Heineken's responses to a photographer, which reads, in part:
"...after our investigations, we have concluded that any use of the images was at best ...use of a temporary nature only and would not form the basis of any copyright claim in this jurisdiction. However, in order to resolve matters, and save time...we would be willing to pay in full and final settlement an amount of €15 per image allegedly used. This in our view represents a reasonable commercial royalty for the use of such images in this jurisdiction if, as we say above, there was any actual use in legal terms.

Before making any payment however, we will require you to provide us with evidence of the alleged use of each image, and proof of ownership by you of the copyright in each such image."
Virgin Mobile ran into the same problem, as discussed here, and reported here - Virgin Mobile sued over Flickr image used in ad.

When will billion-dollar corporations and ad agencies stop trying to go free & cheap for their content? This won't be the last time this happens - I can promise you.

Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

Sunday, August 10, 2008

MoMa - Simon Says GET OUT!

Andrew Peterson (a.k.a. Thomas Hawk) is not a disrespectful person. Andrew Peterson also does not like to be taken advantaged of, lied, or mis-treated.

So, Andrew learned that the San Francisco Museum of Modern Art (a.k.a. MoMA) has changed it's policy, as is outlined here:
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Cameras
Photography is not permitted in the galleries. Flash photography is permitted only with a handheld camera in the Atrium.
Peterson decided to join the museum, and take in the sights, because (no doubt), according to their website, SFMoMA celebrates its' commitment to photography here:
SFMOMA began collecting and exhibiting photographs in 1935 — the same year it opened — making it one of the first museums in the country to examine photography as an art form. Today, the Museum's collection includes pictures from all over the world and embraces a wide range of subjects and authors from such diverse purviews as science, industry, government, entertainment, media, amateur amusement, and the fine arts.
Then, the man tasked with ensuring a quality visitor experience in one of the most liberal/free/accepting communities on the planet - Simon Blint (Facebook Profile), Director of Visitor Relations at the SF MoMA - decides that he is going to call in the museum's private Gestapo to halt a man with a fisheye lens from taking pictures in just the location he not only was explicitly permitted to, but had called ahead to confirm was acceptable.

One of Simon's friends - Simon Read, decided to defend Simon on his blog here:

He wrote:
On Friday, Blint asked a patron to stop taking what appeared to be some inappropriate photographs.
"Appeared to be" and "inappropriate"? As someone who was born and raised in the San Francisco Bay Area, help me understand how Simon Blint can know what's inappropriate? Is Mapplethorpe inappropriate? (Slate.com - Robert Mapplethorpe's Sensationalism) Certainly not in San Francisco, where he's celebrated (and collected). Peterson notes the hypocrisy on his blog when he writes "It is ironic that the great Cartier-Bresson, who took thousands of photographs of unsuspecting people in his work, hangs in the museum while a photographer practicing the same type of work gets ejected...". Blint must have missed this.

Simon's Pal Simon further defends his pal:
It did not take long for Peterson...to disseminate his vitriolic rant to more than a dozen websites. The immediate result was an onslaught of vicious criticism, attempts to get Blint fired, and countless e-mailed threats—this, to a man who was doing nothing more than his job.
Actually, his jobs' description, back in July of 2004 reads, in part:
The Head of Visitor Services is responsible for directing front line resources to ensure that visitors have a positive and enjoyable museum experience...
It appears that he's failed in that - Mr. Peterson had no such thing occur, and he's a member of the museum who followed the written rules.

If you want to check in to see if his job gets listed, here's the link to where they post their openings. It's not there as of 8/11/08. Maybe it's time to get the Museums' previous Head of Visitor Services - John O’Neill, back.

Simon's Pal Simon goes on to then say "Regardless of who was right or wrong..." as if he's the modern day Rodney King suggesting "why can't we all just get along", then goes on to say "...Peterson/Hawk has crossed the line. A rational human being would have simply written a letter to museum management, stating his case and asking for the situation to be put right. Peterson/Hawk has instead savaged Simon Blint’s online reputation, which is guaranteed to hurt his employment prospects for years to come."

Yes - a search for Simon Blint turns up all sorts of references to Peterson's experiences. Perhaps Blint should treat all his museums' visitors as if they will shout from the rooftops about bad experiences they might have. Heck Hotels.com gets the new world order concept in their latest ad campaign where hotel staff are concerned about the review they might get on the Hotels.com website (one ad here). A letter to museum management would have received some apologetic form letter, and little else. Instead, SF MoMA searches too return the article. While Peterson may have used choice words and colorful language, he outlined his experiences, and only Simon's Pal Simon has said anything (so far). To suggest, as Simon's Pal Simon did "SF MOMA has yet to present its side of the story. Whereas Peterson/Hawk can skewer Blint at his leisure, Blint has a chain of command he must work through before he can defend himself." Yes, and it is exactly that bureaucracy that would have kept, in all likelihood, Peterson from a resolution that not only was satisfactory to him, but also would have established a precedent for handling things appropriately in the first place.

Blint should write an apologetic letter to Peterson - personally. That would be a start.

Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

Breeders' Cup - Coming Up Lame

Imagine my surprise when a missive related to the Breeders' Cup landed in my inbox suggesting they have the right to limit images that are produced by the news media.

When you are producing an event, it may - or may not - be news. There are a number of examples where the news media has opted not to cover "news events" - domestically there's the LPGA and the Associated Press, as noted in this article, and internationally, there was the boycott of Crickett coverage in Austraila (as seen here), so the notion that the BC isn't taking a risk is pure folly.

Here's what, in part, Thoroughbred Times reported:
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The company will require licensing permission for photos and other images captured by credentialed media at the Breeders’ Cup and used for anything other than editorial coverage within 30 days of the event... {Peter} Land said licensing fees for commercial use of photos from the Breeders’ Cup most likely would be determined on a case-by-case basis. Media organizations using photos and images for editorial purposes after 30 days would not necessarily be charged....“Even though there is a 30-day sentence, it doesn’t mean you can’t use it after 30 days, you just need our permission,” Land said.

Mr. Land (LinkedIn profile) got this idea during his five years at the NBA, where he was in-charge of their marketing and communications shop.

Land was quoted in the article as saying "It’s not directed at the journalism community. This is primarily directed at photographers. Mostly these kinds of credential languages are prepared to prevent someone from using the images outside of the media environment." The problem is, that if a photographer wants to license an image to the journalism community - like Thoroughbred Times, Bloodhorse, or any other publication - not to mention newspapers, they're precluding them from doing that. Further, there are limitations on the commercial use of corporate logos, so the use of the Breeders' Cup logo in posters or advertising would meet that restriction.

If you're writing a license for your use, you might try this:
This photograph is licensed for one time advertising use in XYZ Magazine, for a full page ad, where the photograph appears 1/2 page, in the print edition only. The exercise of this license is contingent upon Client securing any and all necessary rights clearances from any recognizable individuals in the photograph, trademark owners, or other parties who may have a right to preclude the exercising of this license."
I am not a lawyer, but it's essentially like you selling a piece of the pie that is necessary to make up the whole pie - before the pie is consumed. Check with someone to ensure this language holds water, but it's a step in the right direction.


The problem is, I think, that the sport of horse-racing needs as much publicity as it can get - it hasn't reached the critical mass of the NBA/et al. With tracks such as Bay Meadows closing, and the likelihood of Santa Anita being sold, the sport is focusing it's attention in the wrong places.

This idea is the BC's Eight Bells - and needs to be put out of it's misery even before it gets out of the gate, let alone before it leaves the track!

Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

Saturday, August 9, 2008

I Pledge To Screen My Photographers More

With thanks to the multi-tasking Daryl Lang over at PDN, for bringing to our attention the member of the press corps who interupted the speech by Sen. Barack Obama recently (Video: Obama Photographer Self-Destructs, 8/7/08). Go watch the video, and read what Daryl wrote, and follow his links. In short, a credentialed member of the press covering the news made himself the news.

This isn't new. And Let's remember folks - you get what you pay for.
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Let's be clear - this photographer was working for Bloomberg News, and I know full well that they have a great deal of assignments they need covered. But, the problem is, they don't have a stable of photographers everywhere, and they are harried. So, they cut corners, and when they are paying as low a wage and with as substantial a rights grab as they are, this is what they risk getting.

I can't tell you the number of times I have been in a press pen, and watched as other "members of the press" applauded and whistled when a speaker made a remark. Often, it's just one or two, and it happens a few times a month. It happens, and I cringe. Or, when I am at a press availability, and the "reporter", before asking their question, has to tell the musician just how many albums they have of the artists, and right after the press availability, are trying to get me, or some other member of the press to take a posed photo with their camera (usually a point and shoot) of them and the artist. I always decline, as do my professional brethren.

We are there to cover the news - whatever the news is. We are not there to fabricate the news or become the news. If there had been a forum for a Q&A with the candidate, then the question "why don't you start your events with the pledge of allegiance" might be appropriate - from a reporter. Surely, NOT from a photographer.

When you want a professional, hire one, and pay them a professional wage. When you're not paying a professional wage, the ones who look professional, act professional, shoot professionally, and are true professionals, will decline your assignment request. I recommend you take a minute to see how professional (and legendary) photographer PF Bentley handled a bad-deal situation in this previous post we did - At least the Hypocrite Knows Right from Wrong (1/11/07). When you have decided that any Joe can do your assignments as long as they have a camera and a few photos on a website, and the Joes that know that what you're paying isn't a fair wage, and say no, the Joes that don't know look at this as either a great opportunity to "build their portfolio", or, as a great opportunity to make a political statement.

Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

Friday, August 8, 2008

Conde Nast - A Quick Chuckle

A colleague forwarded me a note about Si Newhouse, and Conde Nast, that appeared in the New York Times - Can Si Newhouse Keep Condé Nast’s Gloss Going? (7/20/08) that gave me a laugh - except that it was a laugh of "you've got to be kidding". Previously, I've analyzied both Conde Nast's contracts (Conde Nast/CondeNet Contract: Introduction, 4/26/08) as well as earlier this week (Conde Nast, Encyclopedia Britannica - Selling "Their" Images, 8/5/08). So, when the New York Times wrote about Mr. Newhouse:
You might know some of his children: Vogue, The New Yorker, Architectural Digest, Glamour, Vanity Fair, Gourmet, GQ, and Condé Nast Traveler. These titles are a polite way of saying that Condé spends money like no one else in the industry — more on salaries, paper stock, writers, photographers, travel, clothes, parties and just about any other line item imaginable.
I thought - PHOTOGRAPHERS? You've got to be kidding! They pay their photographers a "day rate" (an antiquated term to be sure) of under $500. They may pay more on "photo shoots", but not more on photographer's fees!
(Comments, if any, after the Jump)


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Wednesday, August 6, 2008

To Be (Represented) Or Not To Be

That surely is the question. When I started as a photographer, I thought that I had to have a rep. But what's a rep?

In photography, generally speaking, you may have representing you, possibly a photo agency, such as Black Star, Aurora, or Zuma. (This is not the same as a stock house where you file your images for re-sale). These organizations not only secure for you assignments (or atleast they're supposed to), but also represent and license your stock photography. Their stated objective is to represent you in the many facets of photography. What we're discussing here though, is not that arrangement, but the arrangement between one individual (and perhaps an assistant or two if they're successful) and a small group of photographers - often not more than 5.

For this post, we'll be discussing the latter, and not the former.

Also, generally speaking, there are two groups of photographers that want a rep. Those that need them because they need help managing their assignment load that they have better, growing their market, and increasing their presence from local to regional, or regional, to national. Then there are those that think that all of the problems of running their business could be solved if they just had a rep. Rarely is there the "hot" photographer, that made PDN's 30 under 30, got an award from Communications Arts, or got picked up for a huge national campaign that became controversial or "blew up". We're not going to touch on those folks either.

First - to the photographers who expect that the rep will solve all the ills of their photographic life.
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Get a grip. They won't. It's not that they can't, it's that it's not their job. Their job is, to take it to it's most basic level, to pitch you - your style and approach to photography, and so forth, to the clientele and projects that you are best suited for. Then, when there's a good stylistic fit, they will negotiate all the angles of the deal, and they will take somewhere around 20% for doing that.

There are probably no less than a hundred photographers who want a rep, for every rep - and that's every rep there is, not every rep that's available. So, the likelihood that you can get a rep to take you on is less than 1%. I know that's a generalization, but it's enough of a sensible figure to dissuade you from the notion that getting a rep is easy, or likely.

First, let's discuss the economics of being a rep. There are some firms that have multiple reps, and each handles several photographers. That's not the most common situation, so we're narrowing down this even further to discuss an individual rep. First, it should be their full time job, not something that this person does part-time (unless they were a full time rep for a long time, and decided to dial their workload back), and it's fair that they'll be earning somewhere around $100k, as their salary. In order to cover that, let's make the assumption that they have $20k in overhead. Remember, this is a generalization. So, with them at $120k a year that they have to generate, they're getting that income from, let's say, 4 photographers. Overall, these four photographers need to generate $10k per month, or, $2,500 each - for the rep. 20% of $12,500 is $2,500. So, you need to generate $12,500 each month in fees, in order for this rep to keep you. You don't line-item a rep's fee, it usually is based upon your fees.

If you're not generating that amount of business now, then the rep may be taking a loss for the first few months that they are ramping you up. Recognize that that time they put in is an investment in you and the relationship, and if they don't get you an assignment for three months, they're considering that they are in the hole $7,500. Ask a prospective rep what they would need to earn each month (on average) from the work they do for you, and how many photographers they handle. Knowing this will be helpful as you both evaluate each other. Can you produce that amount of work? Can they wait around until you do? Can they get that amount of work for you?

How do reps go about selecting who they will represent? It would be a conflict if they handled photographers with overlapping styles or specialties, so they might have one photographer who does food, one who does annual reports, one who does architecture, and one who does children's advertising. They might even throw into the mix an illustrator as well.

Now would be a really great time for you to click over to Caitlin Ravin's blog, and check our her two part series (which was the inspiration for this post):
Now that you've done that, think about if you're right for a rep.

Some reps will participate in the cost of a marketing campaign that you both are working on. Perhaps they'll be the ones to fine-tune a mailing list and will split that cost with you. Reps have even been known to split the costs of ads in Black Book, Workbook, and so forth. Every relationship is different, but remember, their business is generating income from your business, so what helps your bottom line, helps theirs.

Again, if you want someone to run your business, hire an office or studio manager. If you want someone to give you advice on where to take your business next, grow your marketing campaign, hone your portfolio, and so forth, hire a consultant. Pay them well, follow their advice (no matter how painful it may be to hear from time to time) and begin an ongoing relationship with that consultant.

If you want a rep, as is stated on Caitlin's blog - it's like marriage. Begin the courtship, engage in a dialog, and hopefully, it will be the right fit.

If not, remember, life must go on. Without a rep, you'll want to learn marketing, best business practices, negotiating, pricing, and so forth, on your own - if for no other reason than for you to survive long enough to get a rep. But, once you get one, with all that knowledge, you'll be able to be a far more active participant in the process they will engage in with and for you, and you'll far better understand what they're doing (and how much they'll do!) for you.

Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

Tuesday, August 5, 2008

Vacation - Do You Reveal Your Whereabouts?

I can't tell you the number of times, in passing, a friend has mentioned to me they were going on vacation in a few days. They might even tell me they'll be gone for the weekend, or a whole week. What is always substantially after their return, I get a call from them.

"Aren't you on vacation?" I'd ask. Only to be told that they were back a week ago. In other words, I don't keep close track of my friends' vacation schedules. Sometimes I comment about their trip before they've gone, sometimes, I think they are supposed to be gone but have returned, and sometimes I think they're back early, when they were to have been back several days ago.

How, though, does this impact your work as a freelancer?
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Well, consider that while you're on a shoot with a client, and they're talking about their upcoming vacation plans, and they ask you about yours. If you tell them you'll be gone the first week of July, or the last week of August, they likely won't remember the specifics, and when an assignment comes up, the may well assume you're on vacation, and you'll lose an assignment.

Or, if your voicemail or e-mail reveals that you are on vacation, that client will call someone else for the assignment since you won't be responding to that e-mail (in their mind) even though you're likely checking your e-mail during vacation. Thus, even though the assignment was for the week you've gotten back, because you could not book it while gone, you lose it.

Since I don't keep close track of the vacation plans of my friends, I surely don't expect my clients to keep close track of when I return - and to wait for me to get back for me to send them an estimate, or tell them I am available.

So, in my office, we don't discuss, in the future tense, vacation plans. If were on vacation, it would be "John is out of the office right now..." with no specific information about when I'll return, that my office manager would pass along. Or, "John isn't here now..." or something to that affect.

Further, consider this - if you're at a station in your career where the affordable vacation for you is a weekend drive to the local amusement park, if you heard from your vendor that their vacation plans (recounted after the fact) included a week in Paris, a week in the Grand Canyon, a week in X location, even if that week-long trip was something you'd saved for for years, what are the chances that that the person who can only afford the road trip will be jealous? The thought might cross their mind "must be nice being able to afford that trip...", and yes, that, in turn, could cause you to lose a $2k assignment.

This doesn't make it right - that a client would judge their vendor like that. That clients are so quick to chose someone else when you're not responding (or not responding fast enough.) However, people do, and thus, clients do. Are you willing to risk the loss of an assignment during a date when you are not on vacation and are otherwise available because you revealed your vacation plans, and clients were either jealous, or thought you were not available when they needed you?

Keep this in mind when setting up your away messages and voicemail - even when you're travelling for a few weeks or a month on an assignment and not vacation! Revealing your lack of availability to prospective (and even repeat) clients quite possibly will cost you assignments - and income.

Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

Monday, August 4, 2008

Conde Nast, Encyclopedia Britannica - Selling "Their" Images

Over seventeen years ago, I was a young upstart photographer, and I was approached by Washington Life Magazine, a brand new magazine, to shoot for them. And I did. Black and White, color if it was to be a cover story. After a year or two of steady work, the publisher, who ran the business out of her home in DC sat me down. She did so seperately with every photographer. Divide and conquer. She explained her position quite simply.

Washington Dossier, a magazine that was started in Washington DC in 1975, and which folded in the late 80's, did not own any of the assignment photography it commissioned. She did not want to make that same "mistake", and wanted to own, outright, all the images she commissioned me, and others to produce.

I sat on her couch, in her living room, and contemplated my situation, as the grandfather clock ticked off the seconds, and the minutes passed. What should I do, I thought. Tick-tock, tick-tock. Tick...
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I said to her that I understood her position as a business, wanting what she had been paying for for one use, and re-paying for re-uses, and further, to have an asset to value. But, I relied on my re-licensing to her, and I did not want to be in a position where she would become a photo agency, selling, re-selling my images - especially if I wasn't going to get a portion of those re-uses.

"We're not going to do that", she responded.

"But you could." I noted.

"We just don't want to have to deal with photographers in the future to re-use photos we hired them to take in the first place", she said.

And, on that point, I said "well, we'll have to agree to disagree, and while I respect your position as a businessperson to require this, as the person who would be responsible for providing that content, I just can't do that." That, is exactly what I said. And that was the end of the conversation. They've surely had a collection of photographers over the years who have signed those agreements, and that's fine for them. Not for me.

Over the years, I've seen many photo credits outside of Washington Life. An example By photographer Tony Powell, seen in this brochure for the Shakespeare Theatre.

They frequently appear on blogs, like TV Newser, here, and also of Sen. Harold Ford, in an an image here.

And when the Smithsonian had a fiasco on it's hands with a senior staffer who had allegedly abused her expense account, the cover photo and other images of their cover girl Pilar O'Leary got re-used with the photo credit of "Washington Life.", in many places, including the Washington Post, as seen here, and other places.

I have seen and heard colleagues try to justify their work for the likes of Vanity Fair, and other Conde Nast publications. Now, starting slowly, VF is selling prints from their past assignment work in their Vanity Fair Store, as shown here:

Those are very respectable prices - yet the photographers, atleast under the terms of the agreements they sign for assignments now, are not entitled to a dime from the sales of those prints. Next up will be more recent prints, you can bet on it.

So too, are images available for sale from the Encyclopedia Britannica image archives, as About The Image reported here. 55,000 images, over two-thirds digitized, and ready to e-mail to you!

When clients tell you they need all rights, copyright transfers, work-made-for-hire, and so forth, and tell you they'll never do anything with them "we just need to get all the rights...", it's highly likely they are mis-informed, or just not telling the truth.

Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

Sunday, August 3, 2008

Enter Laforet: Game On!

It is with pleasure that I highly recommend you check out my friend Vincent Laforet's blog - titled - what else? - Vincent Laforet's Blog! Calling something that Vincent has engaged in something as basic as that belies it's future potential. Consider something titled 17, or, The White Album.

Vincent uses this as the graphic lead-in for his blog - a very cool aerial:

So what's he got over there?
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Before leaving for the Olympic Games, he's posted tech tips, a link to his piece "The Cloud is Falling", and it's an opportunity to dialog direct with Vincent.

He's also got a list of his mentors (in case you were wondering), his favorite blogs and websites, and a list of friends and colleagues. I'm guessing that since he listed this blog on the Blogs I Read Daily section, I didn't make it onto the Photographers Friends & Influences section. Who knows, maybe that will change!

So, head on over there, and see what he's got to share. Bookmark it, and follow along as Vincent blogs from Beijing! (Censors permitting!)

Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

Friday, August 1, 2008

A Must Read - ASMP's Professional Business Practices in Photography

If you're looking for a resource for information on the business of photography, this book must be on your bookshelf. I've had several previous editions, and now the 7th is out, and available for pre-order. The last one - ASMP Professional Business Practices in Photography: Sixth Edition, was published on September 1st, 2001. We all know, A LOT has changed - in fact, the world changed just 10 days later. This edition - the 7th, will rock your world, right now - guaranteed.

So - hit this link: ASMP Professional Business Practices in Photography, 7th Edition and go get it!

If you're an ASMP member, check your e-mail, or log-in to the ASMP website members area for a special discount code to get it from the publisher at a discount, and get it from the publisher direct - ASMP Professional Business Practices in Photography, 7th Edition.

So, why, you might be wondering, would *I* promote another book on the subject of business practices for photographers?
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It's simple - I want you to have as much knowledge on the subject as possible. Am I concerned that you might buy this book instead of mine? Not at all. First, my book lists for just under $30, and on Amazon it's just under $20. This book lists for the same price, and I'd guess that Amazon's price will be somewhere around mine. If, combined, you don't have about $50 to spend getting your business practices in order, then you're not thinking straight. You'll easily earn that pittance of an expense back within two weeks of having spent the dough.

On Amazon, my book frequently gets paired with Michael Grecco's book,and Joe McNally's book,as well as Dick Weisgrau's book,and others. Nothing would be better than if this book, and mine, got that pairing.

Natch - it is!


Here's what ASMP wrote about the book:
This classic guide is the ultimate source on key business practices and industry standards from the foremost authority in professional photography.

From standard practices in stock and assignment photography to special one-time decisions such as acquiring a digital workstation, this “business bible” provides the latest answers to any legal or business question an aspiring or professional photographer can ask.

With in-depth chapters, over two dozen industry experts offer practical guidance on such topics as estimating prices, formalizing agreements, using electronic technology, and much more. This completely updated Seventh Edition also features dozens of ready-to-copy legal and business forms, helpful checklists, and an extensive cross-media bibliography.
Here's the Table of Contents:

PART I THE BASICS

Section 1 Understanding Licensing
Chapter 1 Industry Overview: Understanding Licensing—the Key to Being a Professional Photographer by Susan Carr
Chapter 2 How to Price Professional Photography by Susan Carr
Chapter 3 How to Write a License by Jeff Sedlik
Chapter 4 Selling Your Pricing Structure by Susan Carr
Section 2 Copyright—Protecting your Assets
Chapter 5 Understanding Copyright by Richard Weisgrau and Victor Perlman
Chapter 6 Registering Your Work by Stan Rowin
Chapter 7 Metadata Basics by Judy Herrmann
Chapter 8 Using Metadata is Key to Photographic Professionalism by Ethan Salwen
Chapter 9 Enforcing Copyright: Dissecting the Infringement Case by Nancy Wolff
Chapter 10 Smoking Guns—How to Handle Clients Who Exceed Prior Licenses by Henry W. Jones, III
Chapter 11 Frequently Asked Questions by Stan Rowin
Section 3 Assignment Photography
Chapter 12 The Assignment Photographer by Susan Carr
Chapter 13 Interviews with Assignment Photographers by Leslie Burns-Dell’Acqua
Chapter 14 Making Strides with Your Fine Art Career by Amy Blankstein
Chapter 15 Moving into Motion by Ethan Salwen
Chapter 16 Book Publishing by Shannon Wilkinson
Section 4 Stock Photography
Chapter 17 A Brief Explanation of the Business of Stock Photography by Betsy Reid
Chapter 18 Stock Licensing Models by David Sanger and Betsy Reid
Chapter 19 Editorial + Commercial Stock: Worlds Apart by Rivaldo Does
Chapter 20 Stock Contracts: Look Before Your Leap by Robert Rathe
Chapter 21 Going Portal: Clearing Defi ning Stock Photography Portals by Ethan Salwen
Chapter 22 Interviews with Stock Photographers by Leslie Burns-Dell’Aqcua
Section 5 Paperwork
Chapter 23 Why These Forms are Critical to Your Business by Richard Weisgrau and Victor Perlman
Chapter 24 Sample Forms—Estimate, Confirmation, Change Order, Delivery Memo, Invoice, Indemnification
Chapter 25 Terms and Conditions for Your Business Paperwork by Richard Weisgrau and Victor Perlman
Chapter 26 Smooth Sailing: Avoiding Business Conflicts by Jay Asquini
Section 6 Releases
Chapter 27 Why You Need Releases
Chapter 28 What’s In a Release
Chapter 29 Property Releases
Chapter 30 Special Considerations for the 21st Century
Chapter 31 Trademarks
Chapter 32 Ideas For Getting Signatures
Chapter 33 Frequently Asked Questions About Releases
Chapter 34 Sample Releases
Chapter 35 Your Professional Team: Attorney, Accountant, Estate Planner and Insurance Agent by Alan Rabinowitz
Chapter 36 Preserving Your Visual Legacy: Estate Planning for Photographers by Aaron D. Schlindler
Chapter 37 ASMP Prosurance by Scott Taylor
Chapter 38 Is Your Assistant an Independent Contractor or an Employee? by Mark Tucker
Chapter 39 Guidelines for Assistants by Pamela Kruzic
Section 8 Digital Business Essentials
Chapter 40 Digital Asset Management by Peter Krogh
Chapter 41 Universal Photographic Digital Imaging Guidelines
Chapter 42 Digital Technicians by Ethan Salwen
PART II CRITICAL SKILLS

Section 9 Marketing
Chapter 43 7 Steps to an Effective (and Doable) Marketing Plan by Leslie Burns-Dell’Acqua
Chapter 44 Websites by Leslie Burns-Dell’Acqua
Chapter 45 Website Success Case Study by Blake Discher
Chapter 46 Website Usability Considerations by Blake Discher
Chapter 47 Art Directors Voice Their Do’s and Don’ts by Elyse Weissberg
Chapter 48 Reps and Marketing Assistants and Consultants, Oh My! by Leslie Burns-Dell’Acqua
Chapter 49 Reinventing Yourself by Elyse Weissberg
Section 10 Negotiating
Chapter 50 Negotiating Principles by Michal Heron and David MacTavish
Chapter 51 Negotiating the Assignment Deal by Richard Weisgrau
Chapter 52 Negotiating Quick Tips and Telephone Cheat Sheet by Blake Discher
Section 11 Customer Service
Chapter 53 Working WITH Clients by Leslie Burns-Dell’Acqua
Chapter 54 Turning Projects into Relationships: Give Them an Experience by Leslie Burns-Dell’Acqua
Section 12 Managing Change
Chapter 55 Value Your Work: An Educated Photographer Is Your Best Competition by Emily Vickers
Chapter 56 The Sky is Falling, Grab Your Camera by Judy Herrmann

So, what's stopping you? Go - hit this link: ASMP Professional Business Practices in Photography, 7th Edition and get it! I did - the second I read the e-mail.

Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.