Monday Q+A

Question:

My long-time restaurant client plans to publish a cocktail book showcasing their cocktail recipes, all of which I have shot. She asked me about image licensing rights because I was so green when this started and did not send them contracts (I know, big fail). Ideally, I would like to send her a new contract for the images she’d like to use in the cocktail book, and I was wondering if this was the best course of action.

Answer:

The root of the issue with no contracts is how you and the client were both green. Uncontracted clients may assume they own the copyright without needing your usage approvals. The overall solution is to follow up with all uncontracted clients before an issue arises, verifying your image ownership and assuming usage rights. Talk to your clients, make this a two-way conversation asking what they’d like to use the images for in the future and become part of their long-term solution… for a price, of course.

Q:

A client returned to purchase a second round of images I shot for them. They would not pay me to retouch this 2nd batch of images because it was cheaper for them to outsource the post work. Now the images are live and online without any retouching or color correction… What could I say next time to prevent this from happening again?

A:

I don’t mean to be harsh, but the only thing you can do about this is offer cheaper retouching or request that your name not be associated with the images. Depending on their contractual terms, you can retouch them your way and show them off on your site and IG. Other than that, they have full rights to retouch/crop/manipulate the images you shot any way they choose. 

Q:

Along with shooting stills, does it make sense to create a short 15-45 second motion spec for a product? Would that take away the title of “photographer” from us?

A:

Interesting, I received this request- “We are looking for a photographer who shoots motion or a DP/director with…”. Clients look for photographers’ motion reels, especially when they have a tight budget for a project vs. the larger footprint of production companies. The title of “photographer” now means all of the above.

Q:

I want to get into Fashion and Lifestyle commercial photography. Can we do two kinds of photography at the same time?

A:

Focusing on various markets comes up a lot for photographers of all types. I used to hear how European photographers were not as pigeonholed as we are in the USA. Hey, we are human and don’t want to be locked into one field when we have a spectrum of interests. The easiest way to approach this is to master one overall artistic sensibility, style, and vibe that can be relevant in several industries.

Q:

Should I work with an agent who has other photographers like me, or should I work with one who doesn’t have a photographer with my specialty?

A:

The first major step in the rep search process is the skillset every photographer must master to succeed – I call it “the objective eye.” You have to be able to judge a “good” image and a “good” grouping of images. Will your work fit well within the rep’s roster, highlighting and amplifying your brand? Your well-curated viewpoint begins with a snap of the shutter and continues into portfolio/feed promotion. The rep requirement checklist grows from there, but this starting point should shape your search.

Q:

I shot an event for a startup event company at a very low rate and included a “no third party usage” term in the contract. A top five ad agency working with the new alcohol brand requested rights for unlimited usage in perpetuity for the images. What is the tactful, business-savvy way to respond?

A:

You hit the jackpot! The goal of shooting a low-rate “favor” job is to have it open doors leading to a higher payoff. 

Business savvy responses:

1. Use this opportunity to develop a long-term relationship by warming it up with a phone conversation.
2. Position yourself for shooting future projects for this client by asking if they’d like to negotiate a recurring package standard rate deal. 
3. Clients asking for general usage like this will often reciprocate your offer by reducing their requests to bring your costs down. Prepare for that by starting with higher prices and optional cost groupings (amount of images, duration of usage, etc.).

Q:

Is there a consistency to questions you feel are missed by the client or photographers on the Creative Call?

A:

The creative call is almost as important as your portfolio of images to push you as the job’s front-runner. Questions during the call can be a way to get your point across by asking while suggesting; I call it a “loaded question.” I notice photographers not exactly missing questions per se but missing opportunistic moments to share the approach in a question format. 

Q:

How often are people submitting bids vs estimates? You mentioned not being able to “change” the bid in a post. Why even submit a hard bid if you don’t have all the info?

A:

The title BID or ESTIMATE are interchangeable in our industry. The terms we include state how the bid or estimate “is based on information provided, any changes may incur overages.” Stating this term covers us to make changes, but legally it may be safer to call it an estimate. If a client does not know what they want, we should not submit a bid or estimate as we need to base our numbers on the practical costs of the production. 

Q:

How do you know when you’re ready to get a rep?

A:

This ambiguous topic comes up a lot, and if I had to choose one answer, I’d say from a rep’s perspective that a photographer is ready to get an agent when we would be making money together. If you are asking, you are probably not ready for a rep.

Q:

If I get a new professional connection on Instagram, is it overkill to email them as well?

A:

The correct answer for this is about consistent engagement. That can happen on LinkedIn, emails, lunches, portfolio showings, IG Stories and feed commenting, etc. The one engagement I don’t recommend is an inbox DM. Why? Every other type of engagement keeps your client in control where a DM message to a new professional connection is what Facebook used to be – the more personal space saved for friends. Warm up professional contacts to see if they eventually become a friendship; otherwise, we can become too pushy, and instead of marketing, it becomes “anti-marketing.”