Author: Leslie Burns

Yesterday I had a Twitter “spat” with the representative (unnamed) of a new company called Kunvay. The interaction on Twitter, and the company’s website, show how language can be used to manipulate very effectively. Under the guise of being “open” and “helping” this company is really just another tool to make it easier for creatives to lose out.

This company spins itself as, and I (sadly) quote, being “on a mission to make the world safe for creativity.” How do they do this? By offering a “service” to make it easier for creatives to sign away their rights, their full copyrights, to client/buyers.

Do they negotiate better deals for creatives?
No.

Do they encourage creatives not to give away their rights?
No.

Do they make it sound like they are empowering creatives?
Yup, and they make it sound like they are doing it to help by making it free for the creative.
Gee, thanks… at least you aren’t making the creatives pay while they lose out by selling off (or giving away) their most important assets!

 
One of the things that came out of our “spat” was that they got legal advice from “Silicon Valley lawyers.” This alone should be a big frickin’ red flag to any creative professional. Another thing that was revealed was that they don’t even know that the plural of “attorney” doesn’t include an apostrophe (brilliant). Another was that they challenged me to prove I was a licensed attorney, even though you can look me up on the California Bar website and my Twitter profile says I’m a member of the CA Bar–and all this while never even giving me a human name (for whoever was writing their tweets). I was challenging their business model but they were attacking my professionalism and credibility.

Possibly the most offensive thing was that they asked why I had such an interest in copyright, saying that I seemed terribly strident and asking “Did you get burned?” This is covert sexism. I’m vehement about my pro-copyright stand and therefore I must be acting out from an emotional hurt? Really? I know they never would have written that if I were a man. No question. But as a woman, in their eyes, I couldn’t possibly just be a professional who cares about artists and their rights because, hey, it’s the right thing to do.

So, again I’ll write here what I tweeted: stay away from Kunvay; keep your copyrights. Creative professionals don’t need help to give away their rights–it happens every day. What creative professionals need are tools to protect their rights, and people to advocate for continuing strong copyright.

 

It’s half-way through the year…time for a tune-up! Now is the time, before hitting the often slow late summer, to make sure you are doing all you can to keep your business purring.

Here are some options:

1. Send me 50 images (pdf) for my offline review then we’ll have a 30 minute phone consultation: $100.

2. Website review, with a 45-minute phone consultation: $200.

1+2 Combo: $250.

3. Online presence review: website, Facebook, Tumblr… whatever tools you are using, with a 45-minute phone consultation: $350.

1+3 Combo: $400.

Or, of course, we can work out something custom.

Book me now so you can be sure I can schedule the work. Shoot me an email to leslie@burnsautoparts.com for details or to book.

In the past two months, I have started making art again. I gave it up long ago, having had it essentially scared out of me. All the externals told me I wasn’t an artist. All the externals told me I was lacking.
I wasn’t as good as my brothers (one has his degree in painting, the other has made a career as a designer);
I wasn’t as creative as my ex (an architect who made great cartoons);
I certainly wasn’t as talented as the photographers I work with;

I wasn’t, well, fill in the blank.

But what I was, was pulled to make something more… something art.

I had always made food, inventing dishes and drinks, and made costumes for Hallowe’en, and done other Martha Stewart-y kinds of stuff, but that wasn’t art. I missed the feel of a pen or brush in my hand.

But what if I still sucked? What if that part of my brain that said I could do it, that I had skills and a way of seeing, what if it was wrong?

It doesn’t matter. Maybe what I am doing isn’t art. Maybe it’s not good. Maybe those to whom I’ve given the 4 pieces I’ve made so far are just being nice when they say they love them. It simply doesn’t matter.

What matters is that I am doing it. I stopped hiding behind the fear and am making something that I might, when a little buzzed on good bourbon, call art.  And when I’m doing it, I am incredibly happy. I love the doing! And I’m proud of the results, for my own reasons.

We all have things were terrified of. I hear it from my clients all the time. Afraid to make cold calls. Afraid to show potential clients their most personal work. Afraid of putting themselves out there. Whatever it is you are afraid of, I challenge you to face that fear and to do it. It won’t be as bad as you think and maybe you’ll even realize that you’re better at it than you ever would have guessed.

Moreover, you can’t grow as a human unless to take the risks connected to facing your fears. If you fail, so what? You can try again with what you learned in the process. But I bet you succeed. Just a feeling, but bet you do.

 

 

Just a quick note to say that the Trichordist has posted a list of recommended books and I completely agree with him (he’s David Lowery, in case you didn’t know). These are must-reads for anyone trying to make a living as a creative professional today.

Recently, I offered a special deal on web reviews. I so enjoyed doing reviews again (after some time not doing them), that I’ve decided to make some time in my busy life to do non-legal consulting more. I don’t have a lot of time available (my law practice keeps me busy!) but I can fit in a few limited consultations.

Here’s the deal–I’m offering the following packages:

1. Send me 50 images (in a pdf) for offline review, and get a 30 minute phone consultation: $100.
2. Website review, with a 45-minute phone consultation: $200.
3. Online presence review–website, Facebook, Tumblr… whatever tools you are using–with a 45-minute phone consultation: $350

These are live conversations, not some written report like some other companies offer. You’ll be able to ask me questions (non-legal–these are not legal service consultations) and we’ll have a real talk.

If you’re interested, shoot me an email and I’ll send you details.

Here is a long but important piece about Like Farms on Facebook, by Mark E. Tisdale. Like Farms are another reason to keep your work off Facebook, of course, but it’s also worth sharing this info with your non-creative professional friends on Facebook, to ask them to stop sharing content like that.

Yes, many people will ignore such a plea, but some won’t. Remember, every cultural shift starts with just one person.

Want another compelling reason to get paid for your work? How about avoiding being labeled a hobbyist by the state and thus not being able to take business deductions? Yup, that is really happening in Minnesota and it can happen to you, too.

If the IRS thinks you aren’t really a professional, if you don’t actually make money, you can end up on the dark side of a nasty audit. If your business is deemed to be a hobby and not a business, you will lose all the business deductions you made against any revenue generated and, boom, tax bill from hell.

So, every time someone asks you to use your work for free (or infringes!), ask yourself “Am I a hobbyist or a professional?”

 

This is a long read, and probably a bit complex for some of us without the technical background, but it is totally worth it. Designer Matthew Butterick’s talk on web design and the necessity to critique technology, called The Bomb in the Garden.

**OFFER EXTENDED! Get the great rate if you sign up before 4/26 5pm PDT!**

Tax Day is a great time to remind yourself that you are in business and that you are successful at it. If you have to pay any tax for 2012, that means you actually made money. No matter how little, the fact that you made a profit means you are a successful businessperson! Congratulations!

To celebrate, I’d like to help you be even more successful so I’m offering a special online portfolio (website) review at a price of only $100. This is more than half-off my usual rate. You’ll get 30 minutes of my time via phone (or skype) including the opportunity to ask questions about your work and its marketing*. You must book by 11:59pm (PDT) Friday to get that rate (payment via PayPal). If you’d like more details or instructions on how to book, just email me.

 

* No legal advice is included in this offer–this consultation is for marketing issues/questions only.

If you have even the slightest desire to be a successful commercial photographer, make sure you are reading these posts, like the one today about cost consultants.