professional photographers Archives - Page 6 of 13

Photography Contract Basics

There are two types of people in photography: Those who get a signed contract before they set foot on a customer site, and those who are going to get burned because they don’t.

Every small business owner should understand contracts and how they work and that’s especially true in photography. You don’t have to be a legal expert, that’s why your lawyer gets the big bucks, but you need to understand them well enough to know when you need one and the basics of what goes into it.

It’s really a bigger topic than can be covered in a single article. The best advice I can give you is to go to your local community college, where almost every one will offer an evening course on contracts for small business owners. Or, at a minimum, get yourself a book on the subject and spend some time familiarizing yourself with the basics and put together some basic boilerplates.

A good contract doesn’t have to be War & Peace, delving into every conceivable aspect of human behavior, just cover the high points. One of those high points should be a section that says if you have to sue to collect payment that you can also collect attorney fees.

Contract law varies between countries and even from region to region within countries, so make sure you understand the peculiar issues specific to your area. At a minimum, most contracts have to have the following:

The act being contracted for must be a legal activity. The biggest myth I run into is people who think you can mitigate criminal liability by pointing to a contract if you get caught. BZZZT! Wrong. If the contracted activity is illegal, your contract is void and you can be held responsible.

Two or more parties empowered and legally able to enter into a contract. Minors cannot enter into contracts and, if someone is signing for a business, they have to be authorized by the company to obligate the company in contracts. Getting the janitor to sign your contract is probably not going to be valid.

Some consideration. Something of value has to change hands. That can be money, an exchange of services, or almost anything that can be assigned a value.

When you need a contract is almost any time you’re going to be accepting an assignment as a photographer. Sometimes your liability insurance will require you to be under contract before they pay. So, when you watch your Canon 5D MKII or Nikon D7000 tumbling in slow motion horror from the balcony ledge, the insurance company is going to want to know if you were there working or just taking pictures on your own time.

Photography Contract Specifics

Photography contracts have issues that are unique to the business and need to be spelled out in advance. Probably the biggest issue today is who owns the copyright to the photos? In the old days when there was a film lab and later a print lab, it wasn’t unusual for photographers to hold the copyright to images indefinitely. Today that’s becoming more rare. In the digital age customers expect to take their images with them on disk and be able to do what they want with them. Photography is increasingly “work for hire” meaning the customer owns the copyright to whatever you produce while under contract.

Make sure you have that understanding in writing up front. You might be able to trap an unwary customer with limited use rights, but if they later get mad about it, that’s the last you’ll ever see of them. You won’t build a thriving business on misunderstandings.

Model Releases

If you want to use the likeness of an identifiable person in a commercial advertisement, whether they’re are a professional model or not, you’ll need a signed model release.

This is a different situation than merely taking their picture which, technically, you don’t need permission to do if they’re in a public space. Taking their photo and using it for commercial purposes are two different animals.

When in doubt, it’s always better to get a release. When the subject is a minor, you’ll need a release signed by a parent or legal guardian.

Other types of contracts in photography include:

– Independent contractor agreements
– Portrait contract
– Sport Action contract

If you search around on the web, you can find examples of the type of contract you need and there’s also software available for your smart phone and computer tablet that produces releases and contracts right on the spot.

Location Scouting

authorized — Don't expect location scouting to be this easy - by Richard Webb

On a recent TFP shoot with a dozen other photographers and selection of models, I received an important lesson about location scouting: Don’t over-think it.

We were all milling around with the models and I walked down the block to start getting an idea of what kind of locations we had to pick from. I was only away for a couple minutes. When I got back everyone else was already out shooting. They had ducked down a back alley behind some remodeled apartments and found a perfect location: Public access, a mix of sun and shade, bold colors, interesting shapes, and a eclectic mix of old and new architecture.

Those are all good qualities to keep in mind when scouting locations, but not the only ones.

Public Access

Like many things in photography, there is more than one school of thought on this subject. There’s the “get permission” crowd and, on the other side of the coin, the “seek forgiveness” types.

For most streets, sidewalks, parks, beaches, and other public places, you don’t usually need permission, provided you’re not hauling a ton of gear or blocking sidewalks or building access. If it’s just you, your subject, and a flash on a bracket, I’ve never had a problem. I can usually get my shots and move on to the next location before anyone even bothers to notice. If you’re constantly changing locations, there’s rarely a problem.

If you’re hauling a lot of gear, need to set up lights and need a power supply, you might want to look into whether you need a permit. Most photographers don’t do this, but if you’re doing a big shoot, it’s worth asking. Start setting up floor lights and a generator on a sidewalk or in a park and you’re going to attract a lot of attention.

Private Property

This is where it gets sticky. Some of the best locations are abandoned buildings, rail yards, junk yards, and other semi-industrial areas. For abandoned buildings it’s frequently difficult to find the owners or the original company may be out of business.

The get permission types will find a the perfect location and seek permission to shoot there from the owners or owner’s representatives. I’ve been pretty successful getting permission. The usual point of contact will be a realtor and I’ve been able to work out using industrial buildings and luxury rental properties in exchange for pictures and video. I’ve also had success working with nightclubs during off hours, yacht rental companies, resort companies and others in constant need of promotional pictures.

If the shots are for use in a commercial context or microstock images and the building is at all identifiable, you’ll need a signed property release anyway. It also helps if you can show the property owners you carry your own liability insurance and offer them a liability waiver.

The seek forgiveness types will sneak in, shoot like crazy, and hope they don’t get caught. Apologetic ignorance is their shield and, to be fair, the vast majority of the time pleading ignorance, apologizing profusely, while offering to immediately pack up and leave works. The cops really don’t want to write trespassing citations, especially if the area is not well marked with signage. Most of the time they just want to make sure you’re not tagging the property or wrecking anything and if you’re polite and right on your way, they’re content to let it go.

Sometimes you can’t really tell and, in those cases, I’m with the seek forgiveness crowd.

Keeping Track of Locations

The best time to scout locations is as you’re about other business. Use your cell phone camera to make notes about locations you happen across. I also carry a bound notebook in my car all the time for making notes.

A spreadsheet is a great way to keep track of your location finds because you can add notes, pictures, contact information, and owner information in one place and keep it all organized.

The Future of Digital Photography Is Connected

picture of telephone poles — The future of digital photography is connected

Whether you’re shooting snapshots of friends and family with one of the new wifi-enabled Panasonic Lumix FX90s (review) or professionally with your trusty Canon 5D MKII, the biggest trend in digital imaging right now is connectivity. Whether your camera is set up to enable real time connectivity or not, it’s a trend that’s going to influence both the selection of cameras and how you do business as a professional.

You can blame improving camera phones for raising expectations for immediate sharing, but the trend has been developing since the world wide web came into being.

Another part of the equation is the trend toward social media and the democratization of news reporting. People expect news and information almost as its happening.

With the digital camera market basically saturated at this point, everyone who wants a camera already has one. From here on out the deciding factor for many consumers will be the features of the camera. As cell phone cameras get better, the impact will be most immediate in the point-and-shoot market.

I think the big picture impact on the low end of the camera market has been overstated. Camera phones have been getting better for a long time and sales of point-and-shoot cameras have remained fairly healthy. What will make the difference for consumers is connectivity. Phones have that feature built in, cameras will need to catch up to stay competitive.

These trends will combine to put pressure on professional photographers to start looking for ways to satisfy the customer’s desire for immediate gratification. While it’s unlikely the low end of the digital camera or cell phone camera market is going to make a dent in high end camera sales, there is already a push for more immediate delivery of product.

In the highly competitive market of digital photography, I believe this presents an opportunity for the technically savvy to set themselves apart with value-added services such as live blogging weddings and trade shows and packaging content quickly so guests can make product selections on the spot.

If you wait until the systems are pre-packaged so anyone can use them, it will be too late. The opportunity is there now, you just have to figure out the technical details.

Giving Back as a Photographer

dog at shelter — I just don't like the dog behind bars look - Nhandler

If you’re a professional photographer, there are some charity projects that are definitely worth your time. If you’re working your way into the business, charity shoots can be a great way to build up your portfolio and get your name out there.

Consider Local Animal Shelters

This is one that’s almost always available. Having really attractive portraits for animals in the shelter will definitely increase adoptions. So many shelters are limited to a staff member with a point and shoot camera and many of them are sad looking animals under a harsh flash that look like animal felons behind bars. A few will have an actual background they use, but even that is rare.

Shelter photos are also a great way to gain experience working with animals, one of the most frustrating exercises in photography. After about 20 animals right in a row, you’ll be a master at knowing the precise microsecond to hit the shutter button. In animal photography practice will make perfect, or lead to psychosis, one of those. You’ll definitely know after a day if you’re cut out for animal pictures!

Pro Tips: Get the animals out of their cages and somewhere outside that looks more like a home atmosphere with real grass and scatter some toys around in the background. Use the best lighting setup that’s easily portable in the field. A leash in the picture is okay, and you can get inexpensive ones that are 20 or 30 feet long. Definitely better to have a leash in the photo than one of the animals getting away, unless you’re in a completely fenced area.

The idea is to get people to visualize the pet in their house, as opposed to a visual of some quivering animal in a kennel. The more fun the pet is having in the photos, the more likely they are to be adopted quickly.

Animal Rescue Facilities

If you’re thinking of something animal related, also consider animal rescue facilities, which seem to be chronically short of money. Some commercial quality promotional pictures can be a big boost to their fund raising activities.

Pro Tips: Be really careful about working around large animal rescues. It’s rare for one to be bothered by the flash, but some are scared of the camera. Many of these animals have been abused or neglected and may react unpredictably. Use a long lens and always make sure you have an exit. I try to keep a barrier between myself and the rescue animals at all times, especially if they’ve recently come to the shelter.

Picture Book Fund Raisers

Local zoos are catching on to this one. Buyers of season passes or those who make a donation to the zoo get a free photo book. Some zoos are even arranging special times for the photographers to get better shots than could normally be obtained from the normal traffic areas.

Pro Tips: Prepare to be amazed that you’ll be up against the top photographers in the area on charity projects like this. Don’t be discouraged if you get turned down the first year, or even the second and third. Even if you’ve been a pro working in the area for years, the competition is fierce. The one time I got accepted, I was surprised to be mixed in with some of the best known names in local photography, including one with National Geographic in his background. Everyone wants to be on the zoo credits, so don’t feel bad if you have to work your way up to this one.

City Walks

These are sometimes organized by city government to help promote the area to businesses thinking of relocating. In the old days cities and counties might have had a budget to pay photographers, but today not so much.

Making friends in city government is always helpful for those seeking to start a new business or expand their existing one. If they already know who you are because of your community involvement and efforts to promote the city, you may find your reception to be far warmer than someone off the street.

Pro Tips: They probably already have dozens of skyline photos, unless you can think of a really unique angle, skip those. Look for identifiable landmarks and places less traveled. The idea is to make the city look attractive to anyone considering opening a business. Think about your shots from the standpoint of a business person.

Being the volunteer photographer at charity events is a great way to get your name out there, especially if you can get in on the sponsor credits in exchange for service. Don’t get discouraged if you get turned down, you’ll likely find there are many photographers in the area with the same idea.

How Much Do Photographers Make?

julie caitlin brown — Most photographers don't make as much or look as good as Juile Caitlin Brown - by Craig Damon

Those of you new to the business may be wondering how much money photographers make. The answer will likely depend on a number of factors such as where you live, how long you’ve been in the business, and your area of specialty.

The bottom line answer: Not a lot. Especially when compared to other career options, like nursing. Not only is the pay meager but the stress level is quite high. In a recent CNN Money survey, commercial photographer was the only job that got a 100 percent stressful rating. Higher than fundraisers, parole officers, and a near par with prison guards, who also make more money.

Incomes from photography can vary widely. The lower 10 percent averages just under $18,000/year. Even the very top earners average out to around $64,000/year. Compare that to nursing, where the average nursing salary is $65,651 and the low end of the scale is over $56,000.

The best paid photographers live in the District of Columbia, New York, California and Hawaii, so at least you can’t complain about the scenery. The very best paying photography jobs are, somewhat ironically, in the motion picture and video industries.

The salary information answers some of the important questions like, “Is getting a degree in photography worth it?” If the answer is you’ll be making about the same as someone working at McDonald’s, what do you think?

What skews these numbers are very large, high-end studios, most of which are located in New York and California. They make a lot of money and work for large commercial customers. Those slick, glossy brochures with stunning photos of new cars don’t happen by accident. But they also give people a skewed idea of the industry.

One benefit to being a professional photographer, if you can prove you actually make your living that way to the IRS, much of your equipment becomes deductible. And you don’t have to punch a clock or put up with a boss you don’t like.