Why understanding contracts is important....or How I learned to stop worrying and love Lawyers

There's been a lot of controversy over the latest Newsweek cover.  For those who have yet to see this cover, it's the same image of Sara Palin that graced the cover of Runner's World.  The majority of the controversy with the cover is the claim that the cover is sexist.  However, there is another issue with this cover that come to light that is not getting nearly as much media attention.  Allegedly, Newsweek obtained this photo, not from Runner's World, but from the photographer. Which, according to Runner's World is a breach of contract between them and the photographer.  If this is true, which is distinctly appears to be, although I haven't actually seen the exact wording of the contract, this could mean the photographer has basically shot himself in the foot.

A VERY Brief/Rough Explanation of Licensing and Copyright Law as it relates to Commercial/Magazine Photography:

-Photographer Takes Image.  The photographer now OWNS the rights to that image he created.
-Photographer sells LICENSING rights to Magazine
-Magazine DOES NOT OWN image.  But is can use it for X period of time.
-Magazine also Gets Exclusive Rights to the image for 1 year (aka. NO ONE ELSE can use this image during that time unless Magazine says it's ok and photographer agrees)
-Everyone Is happy and makes "Lots of Money" as a result
-Lawyers are Happy

What seems to have happened with this cover:

-Photographer Takes Image
-Photographer wants to make lots of money so sells Licensing to Magazine A
-Magazine Buys Exclusive Licensing Rights of Image for 1 year
-Many Moons Pass  (for those not familiar with the skit The legend of Falling Rock , imagine someone pretending to moon the audience and turning around in a circle several times.)
-Magazine B sees image....says I WANT THAT IMAGE
-Magazine B asks to buy it's own license of the image
-Photographer wants to make LOTS OF MONEY
-Photographer doesn't know/understand the details of the contract with Magazine A
-Photographer Doesn't Talk to Lawyer (or maybe doesn't like said lawyer) before selling license
-Photographer Sells different License to Magazine B
-Magazine B uses image on Cover
-Magazine A sees cover and get's upset that Photographer let image be used without their consent
-Magazine A sues Photographer to get money Photographer may owe for selling the license to the image when he agreed not to sell it for 1 year
-Now Photographer may be a Poor photographer because the Photographer didn't read the contract or didn't talk to his lawyer.
-This makes the Photographer Very Sad.


How I Learned to Stop Worrying and Love Lawyers:
So, we all know that lawyers are basically seen in hierarchy of things as being somewhere between dirt and the rodent of your choice.  There are plenty of good lawyer jokes out there to demonstrate this point (just type lawyer and Joke into Google).  However, I like lawyers. Although, I should clarify that some.  I like the lawyers that I know.  The more and more I do business, the more I can appreciate and value the advantage of having a good collection of people who understand the law who are basically going to bat for you.  The way I see it, these people are there to protect your ass and your assets, at least the good ones are. They are specialists who are there to keep you out of trouble or get you out of trouble if you are already in trouble.  In other words they're part of my arsenal to make sure my interests are taken care of, which means I'm happier.  I also know these are people that you really don't want to piss of too much.  Remember, they know the law a lot better than you do. They also have their own language comprised of mind spinning terms and phrasing which can make the average person throw up their arms in submission and hand over their wallet.

In any case this whole situation just seems baffling to me because I am relatively young within the photography scene but seem to know more than most photographers about the business of high end commercial/magazine photography.  This whole issuing of licensing and exclusivity isn't even that complex of an issue.  It's actually the basis for a lot of how these photographers make most of their money.  So, it seems silly for this person not to know how licensing works.

In any case, if we're lucky we'll get to see the lawyers battle it out on the latest reality series: American Gladiators: Lawyer Edition.

I'd watch that.

-Cheers

Brian

Photography is Expensive..........sometimes VERY Expensive.

Anyone who is a respectable photographer, or anyone who has ever done business with a respectable photographer, already knows that PHOTOGRAPHY IS EXPENSIVE.  Which should really be no surprise to anyone because photographers are essentially specialists.  Plain and simple.  We would expect someone who specializes in doing one particular thing to be more expensive because, presumably, they have better and more specialized equipment, knowledge, skills, talents, and ultimately produce superior results than someone who is more generally equipped.

Even within the world of photography there is a wide range of specialties, some much more expensive than others.   An average news photographer is not nearly as expensive (nor as specialized) as a wedding or portrait photographer which in turn is not normally as expensive (nor as specialized) as a commercial photographer.  If you look up the IRS pay schedules of average photographers they range from as low as $15k /yr to well over 6 figures (certain press photography and low end wedding photography being at the bottom and commercial/product photography being at the top).  However, I have found a photographic specialty that is definitely in contention for the top spot of expensive photography.

Medical photography.

After having to get an ultra sound imaging procedure done and calculating their hourly rate....I only WISH I could charge such rate.  Now mind you the fee is based more on the costs of the expensive machine and not so much on the actual labor.  I was charged $150 (a discounted rate from $250 because I paid up front) for this procedure.  $150 doesn't sound TOO bad considering how quickly a lot of medical bills can add up.  Also, keep in mind this was done completely digitally, there was NO FILM (yes that 4 letter word of photography).   The total time it took to do the procedure........5 minutes.  I'm even being generous here because the official exam started at 3pm I spent about a minute to walk to the exam room, a minute to walk back, and it took about 30 seconds to a minute of prep./clean up.  But, for the sake of argument the we will assume the procedure lasted from 3pm (when they let me in) to 3:05 (when I walked out).

So let's do the Math:
5 min = $150
1 hr = 60 min
60 min / 5 min =12
12 * $150= $1,800/hr
or at full price
12* $250= $3,00/hr
That's $480,000/mo. if you did that 40/hrs/wk and 4 wks/ mo.

I know I wouldn't mind making nearly half a million dollars a month.  Maybe I should start up my own ultrasound photography booth.  Could be interesting.  Although I might have to charge extra for that lubricating gel they use....ya know...to cover costs.

-Cheers

Bad Spellers of the World Don't Untie ...they Wave

I have just been watching a very long preview video of Google Wave.......WOW.  So many cool features and potential possibilities.

I know this has very little to do with photography.  However, a few of the coolest features has me wishing I was using wave just to type this Blog post.  Wave could not only allow me to post this entry LIVE to this blog page, my website, my facebook, and to specific contacts that I have selected... did I mention that this would be done live and people could see it being updated as it is being typed.  BUT, my favorite feature is, it would allow for the most powerful spell checker I have EVER seen.  This is what we, or at least I, have been waiting for in a spell checker.  Not only something that checks the correct spelling of a word, but also checks the words in the context of the sentence to make sure that it's the correct word for that part of the sentence. You can have two different words in a sentence that happen to be misspelled the same and it will figure out that you meant two different things.  For example, if you wrote: Icland is an icland.  It would figure out that you were trying to say Iceland is an island.  That just blows my mind.  It's like having someone helping you proof read your work as you type.
No longer will bad spellers of the world untie....we might finally unite.

Technology is awesome,

-Cheers

Brian

Google Wave Preview- (Very Long Video)- Spell Checker Demo Around 40Min Mark

The Creature from the Rose Bush

Some times you are lucky enough to have all the stars and planets align and you're able to get an amazing shot. Some times you plan everything out to the Nth degree so you are sure you'll get the image you wanted.  And some times you find yourself crawling on all fours in the dark trying to juggle holding a huge maglite with one hand, a giant SLR in the other, while trying to manually focus your macro lens, all while chasing a small alien creature that just can't hold still and keeps charging the camera.  Fortunately, if you get the picture, it doesn't matter.  National Geographic has nothing
 on the praying mantis that decided to hang out by my door the other night.  Here's to knowing enough to be dangerous, being lucky enough to make you look good, and swearing you know EXACTLY what you're doing in the process.

-Cheers

So it begins....

Welcome to the brand new blog of Brian Agee Photography.  Let the fun and musings begin.


-Cheers