Category: Uncategorized

I finally have had enough of ASMP bending over for those who are most against the strongest copyright enforcement. Today, my gauge read “full” when I read Richard Kelly’s tweet encouraging photographers to read this ill-informed piece by Jonathan Bailey on the stupidly named* “Plagiarism Today” website:

It is incredibly hard to do this. I have liked so many of the people associated with ASMP and have worked with them for years. This is like a bad break-up. But I cannot continue to be supportive of the group as it goes down this path.

And sure, this tweeted link isn’t as bad as warmly welcoming Lessig to your table, but it was, for me, the final straw. Maybe it’s because I have been killing myself in law school working to learn all I can to defend the rights of creatives and seeing such an important group give in like this is painfully frustrating. As I’m in the middle of doing research on copyright law and new technologies for a paper, when I read things like how copyright is bad for small creatives, all I can think is “Son of a bitch… another one has bought into the anti-corporate shell game obfuscation spewed by people like Lessig and the EFF and others.”

I could sit on my hands. I’m going to make lots of people angry by posting this, but if I want to look in the mirror, if I want to be a person of honor, I cannot sit by any more and be a part of such a group.

I don’t like calling out an organization I have been a part of for years, but I cannot be a part of a group that claims to be pro-creative that simultaneously does not stand up exclusively for its members’ best interests

Therefore, I will not be renewing my ASMP membership when it expires at the end of the year. I do not believe that ASMP is doing right by its members. It would be hypocritical of me to continue my membership.

I quit.

For those of you who have been signing away too many rights for editorial projects, look what Pepsi is doing. They are re-monetizing editorial images as apps. You read that right…they are taking editorial images and repurposing them.

The next person who says that it’s okay to just sign contracts because the images really won’t be used again (think about the old Boston Globe WFH fight, etc.) gets a (figurative) beating.

Contact your senators and representatives now to tell them to support COICA, the Combating Online Infringement and Counterfeits Act. Here’s more about it from the Copyright Alliance. The anti-© forces are really fighting this so we need to get out there and get this information to people. Be positive, talk about the advantages economically for society, etc. Don’t just focus on your own issues but talk about the importance overall, that will help sway those who have been mislead by the anti-© forces.

Need contact info? Here’s how to find your senators’ info. And here is for your House reps.

Finally! My 2d edition version of Business Basics for the Successful Commercial Photographer is available on Amazon.  You can get it here or by clicking on the image.

For those of you who have already purchased the book, I’d really appreciate it if you’d take the time to post a review on Amazon.

I’m very excited to have this out there especially before the holiday season. The last edition was a very popular gift to interns and assistants. I hope this one will be too.

Thanks for everyone’s patience!

Everyone and every business has rules… rules that start off often as decisions but somehow morph into inviolable rules. What rules have you set up for yourself/your business, implicit and explicit? Have you taken a look at them lately? Maybe it’s time you do…

…with a big Sharpie in hand for editing.

This idea is particularly important for those of you who have been in business for a while. More than likely, you have rules that are holding you and your business back. They may be as simple as the choice of lights or lenses you always always use or more complex like how you define and charge usage.

Here’s a quick hint to help you identify the suspect rules: if you say “In my day…” or “That’s not the way it’s done…” you probably have some examinable rules.

I think you should break your rules… at least once in a while. Why? Because really it’s a form of testing to see if these inviolable dictates are helping or hindering you and/or your business. See, often we set up rules which sound logical but which are, in reality, just a way of playing it safe.

You can’t play it safe and be a successful businessperson. Hell, you can’t be a successful person either.

I’m writing from experience. Trust me, I love rules. Stephen Webster used to say when I worked with him that I was born with a red pen in my hand and that I was an idealist. Both are signs that I love order and regularity and, most of all, predictability. I want society to follow the rules and law school makes perfect sense with that mindset.

At the same time, that love of the rules has held me back in the past. Rigidity is not good. The buildings that fall in earthquakes are the rigid ones and, hoo boy, our industry is in the middle of a looooong temblor.

Experience has taught me to let go and challenge my rules and I have done more and been happier because of that. A simple example: just this year I rode on the back of a Harley in Los Angeles freeway traffic, lane sharing (that is, going in-between the cars already in lanes–legal in CA), for the first time. I hardly knew the man in control of the machine and I loathe LA traffic so much I’ll avoid driving there (in a car!) whenever possible. So, that act challenged all sorts of my beliefs and rules and tested my abilities. I thought I’d hate it, especially the lack of control, but instead it was fantastic. Now I feel like I can do things I never thought I could before. I got confidence in myself and a renewed ability to trust others which I have since applied to my studies and business.

Loosening your rules, challenging your long-held beliefs, trying something new, letting go of “in my day” thinking and external rules (“it’s not done that way” bah!), those will all help you to get through the bouncy business times we’re in.  So what if no one else has packaged usage the way you do or shot that kind of image with that lens or made a promo like that… do it anyway. Challenge the status quo if you want to be successful, and start that by challenging your own rules.

If you hear someone say that photographers and their clients are in opposition, run. That kind of old thinking will ruin your business today.

For example, click-through copyright notices on your website might give you a teeny bit of additional legal protection (I think of it as just one piece of paper in a file folder full), but buyers hate them. Also, those who are going to steal from you are going to steal from you–they won’t even read the notice. Still, some people insist photographers need to have them and say that buyers should get over it.

Horse hockey, as my father would say. You don’t need to do anything that alienates your targets and your targets don’t need to get over anything.

Instead, you need to find a way to balance your interests and your targets’ interests. Working together is the best way to achieve this. Listen to what they say to you–especially their complaints and worries, and work towards solutions.

That means doing things like finding pricing structures that work for both of you–that is, usage-based pricing “packaged” in a way that your targets will like. It also means being flexible on contract terms (flexible–not “bend over and just take whatever they want”). And while you need to protect your copyright, you can do that without sounding like a paranoid, jealous boyfriend–that is, constantly telling your targets about your rights under copyright is like saying “Did you look at my girlfriend? I’ll kick your ass!”

The most successful photographers I know–the ones who work consistently and who really are enjoying their professional lives–are the ones who work with their clients the most. They never see clients as the enemy. They’re never greedy nor are they milquetoasts. And on those very rare occasions that they get a new client who is a jerk, they can choose never to work with that person again because they have plenty of business. They have fun in their work, focus on the creativity, and make good money.

On the other hand, the photographers I know who are the least happy in their professional lives are the ones who are the most us-versus-them-ish. Coincidence? I think not.

We’re almost to the last quarter of 2010–wow, the year has flown by! Now is the time to be thinking seriously about what you want to accomplish next year. I suggest taking a day, grabbing a friend/colleague/partner, and going off-site someplace with a pad of paper or a Moleskin and a pen and brainstorming possible goals for 2011. What do you want to accomplish? What dreams to you want to achieve?

I was in a law school class recently where the professor was talking about the importance of brainstorming. The class? The most practical one you can take: Trial Practice, where one learns how to be a lawyer in the courtroom. The professor, the fabulous Mario Conte, said that the first thing to do with any case is to brainstorm about it with others. The others don’t have to be lawyers–just others with whom you can exchange ideas…pretty much just riff off of each other. This way one can find the best, strongest image goals for the presentation of the case and then you can build on that to success for that case.

Same goes for photographers and any creative biz pro. When you are thinking about your goals for the future, you can get stuck in your own head and in what you think is “reasonable.” Brainstorming with someone else helps drop those walls and frees you to just explore.

The great thing about brainstorming is that nothing is out of bounds–if you think “I want to shoot for Vanity Fair” and you are a lowly second-year photo student, so what? Write it down when you are brainstorming. Anything goes!

Then, later, you can go through the free-form thoughts and pick out the things you really will try to accomplish.

For now, take a day and let yourself dream/imagine with abandon.

This term in law school (my last, btw), I’m taking 6 substantive classes, plus I have two others which are not for credit in the traditional sense of the word. I have to write a scholarly paper in one of my courses, plus I have to do mock trials in another. It’s a heavy load in some ways, but entirely doable.

Or it would be, if all my profs provided complete syllabi so that I could plan ahead. Sadly, I have three who do not and this made me think about planning and complete info when it comes to photo projects. Yes, my brain works that way. 😉

We’ve all been contacted by clients who want estimates but don’t provide all the data necessary to produce something accurate. In that situation, it falls on the photographer to ask the questions necessary to get the info. It can be scary to firmly ask for more information when the client seems reluctant to provide it, but it is the responsible thing to do for both of you.

In that situation, you need to explain to your client that you cannot give accurate numbers if you don’t know the number of shots and/or the usage and/or whether it will be 4 people in the shot or 2 and/or whether you have to find the location or they will and/or, well, a bunch of things. And if they say “ballpark it” you will underestimate the cost (there is lots of data that show humans underestimate cost much more than overestimate it) and that number will stick in your client’s head so that when you finally get more data and have to re-estimate significantly higher, everyone will be unhappy–you, your client, your client’s boss and/or the end-client. No one likes expensive surprises.

Also, when you have to try and put together a production with less than full data, you will likely not have things the client wants/needs at the shoot. You can’t plan well for the shoot without having a full understanding of the project–and that requires asking questions (and getting the answers).

Providing full information for planning goes both ways, however. Photographers need to be better about production to get and keep clients. Buyers say that the ability to put together an efficient and well organized production is extremely important. Maybe you do know how to produce your projects, but do you communicate that to your clients clearly? Do you provide them with detailed production schedules and maps and lists of crew, talent, etc.?

You will look more professional and competent when you prioritize production and communicate that to your clients. This will permit them to have a full understanding of the complexities of the shoot and will be able to plan how they approach the production from their end (including when/where to bring in the end-client or a boss).

Doing this means you will provide greater value to your clients. That means you can charge more–because you are a more valuable partner and resource.

So, ask the questions you need to and provide lots of information back to your clients. The communication will contribute to building a strong, healthy business for everyone.

Are you looking for something to jump-start your marketing? Something you can do NOW? Something inexpensive but which can have the best payoff of any marketing tool in your BatBelt?

Call your targets and try to get meetings.

Meeting face-to-face with your targets is the shortest route to getting work. You’re not going to walk out of meeting with work all the time, but you’ll be pleasantly surprised at how often you do or how fast afterwards the phone rings. A meeting puts you top-of-mind and it gives you the chance to become a whole person in your targets’ minds. You’re no longer just some photographer… you’re the one who told the great joke or wore the cool shoes or who had the coolest bag or, had an amazing image with an iguana, or well, pretty much anything.

And the best way to get meetings is still to get on the phone. Emails, texts, etc., do not work as well. Again, it’s about being a real person, and the voice imparts that better than any other (not in-person) contact form.

So, make a list, check it twice, and start calling already.

First off, the August 2010 Creative Lube podcast is now available. In it I talk about success and offer three ideas on how to be more successful. You can purchase the podcast here ($8).

Speaking of the podcast, I am looking for an alternative hosting service for the podcast. If anyone has suggestions, that would be grand. Shoot me an email.

In other news, I’m sorry I’ve not been posting here as regularly lately. Most of August has been taken up by getting my new book out and taking some time off before school starts again. I’ve been traveling for fun too (even went to Vegas for the first time–and returned with money!). So, although school starts again on Monday, I will be posting here more regularly.

I promise. At least one new post a week. That’s what you should do too, if you are using a (photo)blog to market to your targets–update it at least once a week. Buyers say that not updating a blog is a big negative in their eyes.

However, honestly, for the most updates from me, I encourage you to “like” my Facebook business page. It’s much easier for me to post quick links and blurbs there. This blog is better for longer format posts.

Oh, and if you are using Facebook for business, make sure you are doing it from your own business page. Buyers see FB as a personal space generally but will look more kindly on business contact from FB if it is from a business page (not a personal account).

Finally, the next free Manual will be issued via email in early September. Are you on my list so that you will get it? If not, shoot me an email and please remember to include your URL if you have a generic email address (like @gmail.com) so that I know you’re not a phisher/spammer or other non-creative scumbag.