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|| SportsShooter.com: Member Message Board
a lesson for freelancers
Joe Cavaretta, Photographer
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Martin McNeil, Photographer
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East Kilbride | Lanarkshire | United Kingdom | Posted: 9:15 PM on 08.25.09 |
->> Yeah, I've never understood how freelancers would agree to sign away their rights to royalties on an image.
It seems to me that some creative types are so *desparate* to see their work in published and receive some simple compensation at the time that they'll accept almost any terms offered to them.
It's not helped by a constant influx of people of all ages whom think the smart money is on undercutting the "opposition" in an effort to gain 'market share'
It's nuts because it's a behaviour that you rarely - if ever - see in *any* other industries. I've never heard of a new dental practice undercutting the local surgeries. Nor have I ever known of a plumber to do a job for free as a "test" so that you'll pay for their services next time.
Heck it's late and I could rant on for a while but I think I'll just call it a night. |
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Randy Abrams, Photographer
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Bath | NY | US | Posted: 9:52 PM on 08.25.09 |
->> I think this was a case of someone not really thinking that a simple photo of a doctor opening an office would end up being so valuable. Probably didn't think much about it at the time. It is a good lesson learned though as you just never know what might happen down the road.
Martin, ironically I did have a carpenter help me out a few times for free saying that he just hope I'd use him for a bigger job down the road (which I did...new deck). I do agree with you though...don't see it very much if at all. |
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Ronda Churchill, Photographer
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Las Vegas | NV | United States | Posted: 1:01 AM on 08.26.09 |
->> I'm 100% freelance and I'm completely frustrated with contracts that come across my desk with crazy terms of owning all rights, no compensation for royalties, etc. etc. I've attempted to rewrite such contracts and I will lose the job over it. I've tried to cross out sections, and still they will not accept it. As someone who does this day in and day out, it's a lot harder than it seems to just not comply when you have bills to pay and mouths to feed.
Do I pick and chose what I will and will not accept. You betya! And I do speak my mind about the craziness of such requests. People who send these requests are often not in a creative industry and they just don't get it. Let's hope they do real soon!
In the end, you have to be a smart business person above all, stick to your guns, and stand up for yourself, the value of your work and the photojournalism industry.
Night.
Hope all is well in Florida, Joe! You are missed in Vegas. :) |
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Ronda Churchill, Photographer
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Las Vegas | NV | United States | Posted: 1:04 AM on 08.26.09 |
| ->> PS. I wish I had a shot of Dr. Conrad Murray...It would have made my life a heck of a lot easier this past month or so! (Stood outside his office in Vegas for hours in 115 degree weather. Not. Fun.) |
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Martin McNeil, Photographer
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East Kilbride | Lanarkshire | United Kingdom | Posted: 6:08 AM on 08.26.09 |
->> Ronda,
I'm in the same position with my photography being the sole source of my income; luckily most requests that drop in my email inbox come from professional image buyers whom understand licensing and 90% of the time it's to license images that are in my library as opposed to shooting new work.
I may sometimes be willing to negotiate on the fee a little but the rights I cede are fairly inflexible - no client ever gets carte blanch rights and every *new* client HAS to pay by wire transfer in advance of me FTP'ing the image(s) to them... to date, this has not been an issue.
That said, this year I've had one client of four years try to wrangle out of paying for an amended rights to use images I've shot for them as part of a multimedia / video project - their original license only covered print and online use.
Another reasonably high circulation magazine also offered to give me photo credit as compensation for an unauthorised use of an image that someone in their office ripped from my flickr.com photostream - I'm still in the process of bringing guns to bear on that one!
In all of this the issue that both frustrates and angers me the most are when rights grabs - or one-sided terms - originate from companies and individuals who themselves are in the 'creative' industries.... record labels and their PR spring to mind, and there's the occasional newspaper picture desk too. If anything grinds my gears it's that.
Ah, like I said, I could vent forever but I'll go grab a cup of tea and relax now :) |
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Ronda Churchill, Photographer
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Las Vegas | NV | United States | Posted: 3:37 PM on 08.26.09 |
| ->> Hey Martin, what do you shoot primarily that people are calling to license images in your library? Also, where do they see these images-photoshelter? Sounds lie you have a great thing going with that. |
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David Seelig, Photographer
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Hailey | ID | USA | Posted: 3:41 PM on 08.26.09 |
->> I had a shot of Tina turner in the book I Tina
I was just asked if I would give them the photo gratis for a new edition as a favor to Tina. You think she would give me free tickets to a show? I said no. David P.S. When she satrted her 80's comeback at New Yorks The Ritz where I was the regular photographer I was not allowed to shoot that show. |
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Dave Rossman, Photographer
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Houston | TX | USA | Posted: 4:32 PM on 08.26.09 |
->> I know the photographer that shot this photo and I am familiar with the contract that he signed.
Just to clarify, the photographer did keep his rights in this case. The problem is with the bad contract which lets the newspaper re-distribute or sydicate the images. Before the photographer knew that he had a rare photo the image was already on the AP wire for the whole world to license. Had the contract been different, the photographer would have been contacted before any syndication. This mistake probably cost the photographer tens of thousands of dollars if not more. I can't remember a single photo in recent history that ran so many times in so many places. The photographer could have licensed this photo THOUSANDS of times.
I think the freelancers that frequent this board talking about giving up rights because the subject matter they shoot is not that important need to really take a hard look at this situation.
So the next time a client says they want all rights, a buyout or include a clause in the contract about syndication ask them if they know what Michael Jackson's doctor Conrad Murray looks like. And then say no. |
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Martin McNeil, Photographer
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East Kilbride | Lanarkshire | United Kingdom | Posted: 4:58 PM on 08.26.09 |
->> Ronda,
I've had some good fortune with both images from my live music shoots being licensed for advertising uses and also my work shooting mixed martial arts (UFC) has been a boon.
Most of these buyers have found me either via SportsShooter or - strangely enough - flickr! |
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