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April 28th, 2015

U.S. Copyright Office (Once Again) Studying Copyright Struggles of Photographers

The U.S. Copyright Office has published a call for comments from photographers and visual artists about how their works are “monetized, enforced and registered” and about “obstacles” artists face protecting their copyrights “when navigating the digital landscape.” The U.S. Copyright Office announced the research initiative April 24 in the Federal Register. The written comments are due by July 23.

What action, if any, the U.S. Copyright Office takes as a result of its research remains to be seen. “We just want to get an overview of the landscape,” says spokesperson Catie Rowland. “We’re just researching it, to see where it leads. There are a lot of concerns. We want to see if we can address them.” (more…)

April 8th, 2015

Pat Pope Says He Regrets Open Letter to Band, Urges Creators To “Stop Working for Free”

In what he says will be his final word on the matter, photographer Pat Pope says he regrets his public criticism of the alt rock band Garbage, but is sticking to his position that photographers shouldn’t give their work away.

Pope wrote an open letter to the band last week criticizing their management company for asking to use one of his images for free in a book project the band are working on. Garbage responded with an open letter of their own, telling Pope that the cost of self-publishing the book led them to ask photographers for free images. They also criticized Pope for making their request public.

In Pope’s “final word,” which he published on Facebook, he calls the open letter he wrote a “mistake.” He implies that “the negative comments and abuse hurled at me on the internet” make him regret the move. However, Pope doesn’t back down from the principles that inspired the letter, and he replies to some of the statements the band made in their response to his letter.

“I receive hundreds of these request a year [for free images],” Pope writes, explaining his reasoning, “as does every other photographer I know. This is the new normal, writing down a budget in which you’ll get the photographic content for free by making the photographer give it to you.”

He criticized Garbage again for their abuse of “the power relationship.” The band “paid someone at their management company to send me a pro-forma request for free usage of my work. When you receive a request like that, the power relationship is that a gigantic branded entity with huge reach and backing is asking a lone freelancer to accept that the value of their work is zero.”

Pope later claims that he’s “no ‘internet warrior,'” before urging that “all of us in the creative community have to Stop Working For Free [Pope’s emphasis].” Despite saying he regrets writing his own open letter, he urges others to do the same. “Let’s get this practice [of asking for free content] out in the open.”

Related: Photographer Openly Ridicules Band’s Request For Free Images
Band Defends Their Decision to Ask Photographer for Free Images

April 7th, 2015

Revenues for Thomas Franklin’s 9/11 Image Top $1 Million

Thomas Franklin’s iconic 9/11 photograph has generated $1 million in revenues to date, according to court papers recently filed in connection with a copyright infringement claim over the photograph. It is unclear whether Franklin has benefited financially from the famous photo.

The picture shows three firefighters raising the American flag over the site of World Trade Center after it was destroyed in a terrorist attack on September 11, 2001. Franklin shot the image as an employee of The Bergen Record, making the photograph a work for hire. As a result, the copyright owner is North Jersey Media Group (NJMG), which owns The Bergen Record.

The revenue information was disclosed in the case of NJMG v. Jeanine Pirro and Fox News Network. NJMG had sued for copyright infringement in US District Court in New York over Fox News’s unauthorized use of the photo on a blog promoting a TV program hosted by Pirro. Fox argued unsuccessfully that its use of the image didn’t cut into NJMG’s revenues from licensing the image.

The court papers say that licensing of the photograph peaked in the period between 2002 and 2004, but has continued over time. Between January 2013 and June 2014–an 18-month period–licensing revenues totaled $10,221.71 for editorial uses of the image, and $4,698.91 for commercial uses. That averages out to revenues of less than $1,000 per month for the period. (more…)

April 6th, 2015

Band Defends Their Decision to Ask Photographer for Free Images

Alternative rock band Garbage published an open letter to portrait photographer Pat Pope on April 3, defending their decision to ask for free use of an image for their book and suggesting Pope was out of line for calling them out publicly.

On April 2, Pope published an open letter addressed to the band, criticizing their management company’s attempt to get free license to publish one of his images in a book the band plans to self-publish to celebrate their 20th anniversary.

In his letter, which was published on Facebook and picked up by websites Louder Than War and Huffington Post UK, Pope wrote: “I’m a firm believer that musicians and artists deserve to be paid for their work,” and asked the band, “When you think about artists being paid, does that include photographers?”

The band responded a day later with an open letter of their own, pointing out that they paid Pope for the shoot in 1995 (though presumably it was not a work for hire agreement), that books are expensive to publish, and that many other photographers “were happy for their images to be seen in conjunction with the telling of our story.” The band also did a little public shaming of their own, writing that they “would never publicly admonish or begrudge a fellow artist for merely asking [for them to provide services for free].” (more…)

April 3rd, 2015

Photographer Openly Ridicules Band’s Request For Free Images

Portrait photographer Pat Pope, who has worked with many top musicians during his 20-year career, has published a snarky open letter to alternative rock band Garbage criticizing their attempt to gain free use of his images for their book.

Among Pope’s pointed questions: “Do you think ‘content providers,’ whatever the hell that means, deserve to be paid for their work, or is that a special category for musicians?”

Garbage was formed in 1993 and has sold more than 17 million records worldwide. (more…)

March 20th, 2015

On Showing Both Commercial & Fine-Art Work: Emily Shur’s Advice

Emily Shur's photograph of Kevin Hart for Men's Health. © Emily Shur

Emily Shur’s photograph of Kevin Hart for Men’s Health. © Emily Shur

"Hotel Pool, Osaka-fu," is part of Shur's ongoing project about Japan. © Emily Shur

“Hotel Pool, Osaka-fu,” is part of Shur’s ongoing project about Japan. © Emily Shur

Emily Shur recently posted on her Tumblr about two of her images (above) being selected for American Photography 31, each shot for very different purposes. One is a portrait of the comedian Kevin Hart commissioned by Men’s Health; the other, a photograph of a hotel pool in Osaka, Japan, that is part of a long-term personal project. While building her career as a commercial and editorial photographer, Shur has also made a point of showing and promoting her personal projects at portfolio reviews, on her site and to her social media audience. She also recently published a book of her work from Japan.

In her Tumblr post, Shur made some interesting observations about how, in a photographer’s career, the pursuits of commercial work and personal work seem, at times, to be in opposition to one another. She also addressed the concern that it might be detrimental or counterproductive for “commercial photographers” to show personal, fine-art photographs that may appear to differ completely from their commissioned images.

We asked Shur for permission to publish excerpts of her blog post here, because we though it might resonate with readers of PDNPulse who aspire to be successful both commercially and with their personal work. (more…)

January 15th, 2015

Under Pressure, FAA Issues Handful of Exemptions for Commercial Drone Use

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For as long as inexpensive camera-toting drones have been popular, their commercial use in the U.S. has been in a precarious proposition. The Federal Aviation Administration (FAA), the division of the U.S. Department of Transportation that governs the use of our airspace, waited years after the proliferation of drones to issue any guidelines on their use in commerce. Until recently, if you were an architectural or real estate photographer looking for inexpensive ways to capture bird’s eye views, or a production company itching to take advantage of new perspectives in your video, the word from the FAA was clear: No, you can’t use drones for commercial purposes.

But that isn’t stopping businesses from using drones. DJI Global, the manufacturer of the wildly popular Phantom remote-controlled camera drone, skirted the FAA’s ban on commercial drone usage by donating the use of its DJI Inspire 1 during NBC’s broadcast of the 2015 Golden Globes for some free publicity. And under pressure from Congress—who included directives for the FAA to begin to develop the framework it will use to regulate commercial drone flights in a 2012 appropriations bill—the administration has begun to issue exemptions to its six-year-old ban.

In June 2014, it issued the first exemption to British Petroleum, who wanted to use drones to survey Alaska’s North Slope. In September, it issued six exemptions to film and television production companies, and in December, it issued four more exemptions, including one to a construction company. In the first week of 2015, Douglas Trudeau, a 61-year-old real estate agent in Tuscon, Arizona, received the first exemption to use drones for a real estate business. He had applied for the exemption back in July of 2014, after being informed that even though he was not selling his drone footage, using photos and clips shot from drones in his real estate listings constituted commercial use.

CNN—who wants to use drones for newsgathering purposes—has also appealed to the FAA. It recently entered into a Cooperative Research and Development Agreement with the administration, working with the Georgia Tech Research Institute to collect data to help the FAA develop its framework for regulating drone usage in journalism.

While the FAA was called out by Congress more than two years ago and urged to get started on their regulatory framework, there is still no timetable for the process to be completed. For now, the FAA is issuing exemptions on a case-by-case basis, but if the red carpet at the Golden Globes and Amazon’s drone delivery plan are any indication, it will have to move quickly to keep up. As the FAA attempts to levy fines on drone pilots it feels are violating its vague guidelines, U.S. judges have already found in favor of at least one pilot: A federal judge tossed out a $10,000 fine on the grounds that the guidelines were not specific enough. The National Transportation Safety Board later overruled the judge and re-affirmed the FAA’s right to regulate, but it’s clear that the guidelines are doing little to stop commercial flights.

In the meantime, the administration has put together a website with safety tips for recreational, business, and public service users.

Related articles:

Commercial Drones are Legal, Federal Court Says

Court Refuses to Hear Challenge to FAA’s Drone Cease-and-Desist Orders

DJI One-Ups Phantom With More Powerful, 4K-Recording Inspire 1 Photo Drone

Drone Photographers Take To The Skies To Find New Perspectives

December 23rd, 2014

PDNPulse: Top Stories of 2014

As another fascinating year in the world of professional photography comes to a close, we look back on the stories that drew the most interest from PDNPulse readers this year.

From manipulated news photos, to photographers arrested for doing their jobs, to collaborative efforts between photographers and an interview with one of photography’s most influential star makers, these stories capture some of the highs and lows of the photography business today.

1: George Steinmetz Wonders: Was It Worth Getting Arrested for National Geographic Cover Story Photos

2: 2014 Winter Olympics Op-Ed: Everything You’ve Read About Problems for Photographers in Sochi is True

3: PDN Video: Lens Blog’s James Estrin’s Career Tips for Photojournalists

4: Photographers Share Intimate Images of Loved Ones for Curated Photo Website

5: AP Severs Ties With Photographer Narciso Contreras Over Photoshopped Image
5a: Photographer Fired by AP Says Decision Was Fair, But Process Wasn’t

6: How Much Do Editorial Clients Pay? “Wiki” Gives Names and Fees

7: If that Kim Kardashian Photo Looks Familiar…

8: Calumet Photographic to Liquidate, Closes U.S. Stores

9: Photographer Creates Free iPhone App for His Signature Style

10: Wal-mart Sues Photographer’s Widow Claiming Copyright for Decades of Portraits of Walton Family

11: Suffolk County Pays $200K to Settle News Photographer’s Unlawful Arrest Claim

12: How Should Clients React to Sexual Coercion Allegations Against Terry Richardson?

13: AP Photographer Anja Niedringhaus Killed in Afghanistan

14: Cowboy Lifestyle Photographer David Stoecklein Dies, 65

15: Photojournalist Camille Lapage, 26, “Murdered” in Central African Republic

December 18th, 2014

Time Inc. UK Issues Rights-Grabbing Contract

Time Inc.’s UK division has riled editorial photographers by issuing a new contract requiring freelancers to hand over “all rights” to any assignment images for about 60 specialty publications. The contract takes effect January 1, 2015, but there may be wiggle room for negotiation, at least for some photographers who take the initiative to push back.

“It’s an outrageous rights grab,” says photographer David Hoffman, spokesperson for Editorial Photographers UK (EPUK). “It’s just bullying.”

The contract applies to a wide array of Time Inc UK titles, including fashion, lifestyle, entertainment, and shelter magazines, as well as  niche magazines for marine, wine, gardening, fishing, sport, and technology enthusiasts. The contract does not apply to assignments for TIME, the weekly news magazine.

“The new agreements better reflect our needs as a multi-platform business,” Time Inc. UK’s director of corporate communications Karen Myers told PDN via e-mail. “Contributors need to bear in mind that commercial realities dictate that we will be using the content that we purchase in many different ways to reflect the changing media landscape, both now and in the future.”

Myers acknowledges that some photographers “will not want to assign and/or waive their rights and there is no obligation for them to do so – if they do not wish to do so, they may object and negotiate different terms with us in the usual way.”

Hoffman explains, “If an editor really wants your particular work, or is sympathetic to you, they may be able to do individual deals.”

But photographers who aren’t able to negotiate to keep their copyrights will be deprived of the right to re-license assignment images,  which could ultimately hurt Time Inc., Hoffman says. “The best photographers won’t work for them under those terms,” and those photographers who do accept the terms won’t have much incentive to do their best work, he explains.

December 1st, 2014

4 Tips for Making a Lasting Impression with Photo Clients

Sponsored by Zenfolio

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Whether it’s on your website or in a directory listing, how you present your photography business online is crucial when it comes to booking a new client. Minnesota-based photographer Shelley Paulson has been shooting professionally for eleven years, and she showcases her warm, Midwestern-influenced style of wedding and portrait photography on Photographer Central to help grow her business. Follow her four tips to make sure you’re wowing your prospective clients and making a memorable connection.

1. Boost Your SEO
Clients won’t remember you if they can’t even find you. Optimize every online channel you have for SEO so that you’re showing up in search results. Most web-hosting providers have this feature built into their product so you never actually have to worry about getting your pages indexed yourself. There are also directories like Photographer Central that do all of the SEO work for you. After completing the easy set-up process, the Photographer Central team works on driving traffic to the site and getting more exposure for your photography business.

2. Showcase Multiple Shoots
When sharing your portfolio online, demonstrate your wide range of skills and artistic abilities by sharing images from more than one shoot. If prospective clients only view images of the same subject against the same background all with similar lighting, your breadth of experience will hardly come through. A wide range of variety lets a client know that their photo shoot isn’t going to be an exact replica of someone else’s and will assure them that the results of their shoot will be unique, personalized, and special. Sharing shots from multiple jobs also conveys that you’ve had more than one client. Show your experience to clients so they’re sure their pictures will come out just as amazing.

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3. Limit Your Genres
You might be adept at shooting in seven different categories, but someone looking through incredibly different portfolios in one place might become overwhelmed. If you specialize in fine-art photography and commercial work, don’t combine the two because it lessens the impact of your portfolio as a whole by confusing the overall aesthetic. Consider separating each genre out into separate sections or pages so that clients can choose to only look at the ones they’re most interested in. On Photographer Central, you have the ability to publish up to five separate listings in a single account. Use each one to display a unique portfolio.

4. Don’t Skimp on Styles
Whether you shoot in photojournalistic, black and white, with natural light, or more, clients benefit from seeing examples of your entire range. For clients who aren’t aware of the differences, doing this can actually help them realize their style preferences, and better communicate that when it’s time for a consultation. Photographer Central listings allow you to select which styles you shoot so clients easily sort according to their own preferences, allowing you to connect with clients who are looking for your exact set of skills.

As a professional photographer, marketing and advertising your business can turn into its own fulltime gig. Make sure you have the time and energy to focus on your art by taking advantage of the resources out there that can alleviate some of your burden. Photographer Central is the directory that lets you utilize all of these tips and make a great impression on your next client.

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