Monday Q+A

Q:

How do you negotiate licensing or ask a client to stop using your photos when there was no contract in place at booking and/or during delivery of images?

A:

Step one is to find the appropriate contact at the company who is using your images illegally. Step two is to educate the client as this usually occurs because they don’t understand copyright ownership. The photographer owns the copyright with or without a contract. Instead of asking the client to stop using your images, you can explain how they need to pay you to continue using them and a penalty fee for when they have already used them. Handle this yourself with legal copyright documentation or use a temp rep or lawyer on your team.

Q:

I feel like I’ve hit a wall with my business. I’m bidding on some jobs, but I’m not getting them. Clients want to get a crazy amount of images per day, and the budgets have shrunk. I’m struggling to stay on top of my game. Advice?

A:

As business owners, we all must expect highs and lows. I have seen this happen with ALL photographers. 

1. You aren’t alone, and this is normal.
2. What will make it or break it is your response to this.

We chose to get into an industry built on ever-changing creativity, requiring our business plan to proceed in the same growth-pattern way. Instead of reading this as a bad sign, take this lull as an invitation to change it up.

Q:

What does it mean when a client wants me to bid on a project, but they don’t want to have a creative call?

A:

If clients don’t want a creative call, that may be a sign for us to read into how they are not taking this as seriously as we’d like. It is time for the photographer to share their vision and approach, introducing the director who you will be on set. I read into them skipping this stage in a couple of ways: You may be the 3rd bidder and not be high on their list for this project so you should kick butt on your treatment as that can serve as your intro to the creatives and the client. Your estimate should be as ethically conservative as safely possible to entice the client to choose you but remember you could get locked into these prices in the future. This project may not be happening yet, and they needed your numbers to provide the client with a preliminary budget range.

Q:

So, I was recently asked to pitch for a shoot with ***** for *****. The topline brief included a total budget (presented to client) of $80,000. They had set the photographer fee at $1,000 with an inclusive social usage for 3 months (I assume paid post) they also wanted post production included within this fee!

My question is, how common is the huge disparity between total budget and photography fees?

A:

This huge disparity between total budget and photography fees sounds fishy to me. These days, many projects come from smaller social media agencies or directly from production companies, who often have more control over the production budget. We need to keep a watchful eye over who is hiring the photographer and setting the fees. Companies that control your fees may also be the same companies that have you sign away your copyright ownership. Know who you are dealing with, what you agree to, and who you are trusting.

Q:

I recently lost out on a job because my perpetuity number scared off the agency. They needed a 5 year license estimate and a perpetuity estimate. My 5 year license was $16,000 and perpetuity was 4 times that. Seemed fair to me because I’m not comfortable with a lifetime license of my images anyway. What are your thoughts on this? I’m gutted because I lost out on the job but I’m ok with not giving a lifetime license away for next to nothing. 

A:

When bidding on a job requesting usage duration fee options, those are often an excellent place to start high, expecting to negotiate and not risk losing the job. 

The usual fundamental reasons you could lose a job you are bidding on:

-They have a #1 favorite choice in mind based on their style. 

-Your overall estimate price is much higher than someone else, so high they don’t even want to try to negotiate, 

-Your overall estimate price is very low, showing that you do not have the experience needed to fulfill the goals of this project. 

-Another bidder impressed them more with their treatment or ideas on the creative call.

Q:

How do I estimate a job when I am given the budget, but the layouts and the producer do not answer all the information I need?

A:

Estimating a job is not an accurate term because we are liable for our “estimate” price. Since an estimate is a “bid” for a project, we have to protect ourselves as our reputation and the financial responsibility is on our shoulders.
How I read the situation:
– They may be expecting you to be the creative director creating their concepts which is an additional role to be added to your fees.
– Without all the details, you’ll need to expect fewer shots finished per day due to the exploration time required.
– Call it a rough ballpark estimate, making it clear you’ll need them to allow for revisions once you learn more information.

Q:

Hi Andrea, there is one ‘ism’ no one seems to be paying attention to, especially re women: AGEISM. As a 50 year old woman who has been shooting for a LONG time and really trying every door, window, skylight, chimney, and drainpipe to get into the commercial world, I’ve found very patronizing attitudes toward me that seem totally divorced from the work I’m able to create. While there are places for women my age in the business, virtually none of them seem to involve actually HOLDING A CAMERA. What’s your take?

A:

Ageism is one of the many unfair “ism’s” in our very young-minded industry. Like anything that gets in our way, we have to focus on ourselves and figure out ways to get even better at fixing the core of the problem. I suggest everyone ask themselves what is getting in the way, where we are blocked, and what we can do about it. Ageism is real in photography and advertising; I’ve seen many clients suffer from this as they retire before they are ready. The questions and the answers depend on how we will incorporate our solutions into our business plan.

Q:

Where do creative directors, art buyers etc. look for new talent? I would appreciate any advice I can get.

A:

The business of photography depends on who sees our images; we have to find every potential method to put ourselves out there. Depending on the type of photographer you are, we have some really good options these days like Komyoon, Workbook, At-Edge, Blvd, Behance, PhotoPolitic, LeBook, Production Paradise, Found and Wonderful Machine. They all have a different vibe, go through them and see where you fit best. I suggest asking clients you want to work with where they look for new talent. After you give one of these a try, you can SEO your website and use Google Analytics to see where the traffic is coming in. It’s a timely process with no easy answer, but if you pay attention to your analytics, you can see what works for you.

Q:

Flying to NYC next week from LA for a job with a producer that has booked me on many well paying jobs this year. Have yet to have dinner or a drink with them, if we do get dinner, is that a time where I slap my credit card down and try to pay for the meal? Or they may just cover it and so it goes?

A:

Yes! When you get a job, it is your turn to spoil your clients. Hopefully, your budget is slightly padded to help you take them to a baseball game, buy them the special dinner, whip up some unexpected craft service during the shoot day and then splurge for a nice wrap party dinner for all the crew. It’s part of the job for you (and your rep) to say thank you in all the possible ways without it being too over the top.

Q:

When you say to bring the client’s branding into the treatment, do you mean their overall visual language/aesthetic or their actual branding like their logo etc?

A:

Your treatment is all about having the client feel like you “get them.” You are what they’ve been looking for to bring their idea to life! Use every way you can to translate this; it is your opportunity to speak their language with their logo in the titles, and their colors styled aesthetically throughout.