A recent post on Black Star Rising has attracted a lot of attention, and I find myself fuming because of the illogical responses of so many commentators. I feel like screaming out “get over yourselves!” For some reason photography attracts a type of person who feels they have a God given right to be a professional photographer, and they regard the fact that they don’t earn a living as everyone’s fault except theirs. The reality is that not everyone who wants to be a photographer can be one. That might seem harsh, but it is no different to saying that not everyone can be a Premiership footballer or Oscar winning actor. The problem is that it is almost impossible to “pose” as the footballer or actor, but so easy to pick up a camera and say “I am a photographer”. All you need to do is show evidence of your work and you’re all set, right? Well it might be, if you charged. And there is nothing worse than hearing “photographers” complaining that there is no money to be made – there is, you just have to ask for it, like any other business.

The last exchange of comments between “Jonathan” and me, were, I thought, worthy of publishing on Blue Filter. Interesting to see what others make of it all:

This sounds like someone who is quite bitter. It’s not the 80′s anymore folks! Budgets are smaller! It’s sad – but right now, NOBODY knows what the photo budgets of the future will look like. Who knows if they will exist at all… All the bitching in the world is not going to stop the YOUNG, TALENTED, and PASSIONATE photographers of tomorrow working for $0. In terms of gear/money, all you need is a consumer level camera and cheap computer…

@ Jonathan. Your comment is astonishingly ill-conceived.

Yes budgets are smaller than they were. True, no one knows what the budgets of tomorrow will look like. BUT, there is always going to remain a demand for professional photography in whatever form that it exists. As long as there is media of any type, there will be a demand for professionally crafted images. The key word in that statement is “professionally”. If a person or organisation approaches a photographer to ask them to produce images (be they social, editorial or commercial in nature), then they exhibit a demand. It is, always has been, and always will be the case that anyone expressing a demand for a commercial transaction should be prepared to pay for the service. Absolutely every other person involved in the provision of a website, brochure, magazine, advert, TV programme, print etc will have been paid for their input. For some reason it is ONLY photographers that seem to labour under the misapprehension that it is OK to work for nothing. Why? Primarily because they go to college to be taught how to take pretty pictures of trees and leaves and rusting car wrecks, but no one thinks it is necessary to teach them anything about running a business. As a result, when they enter the big bad world of commerce they feel as though they shouldn’t really be there, and are embarrassed to talk about money.

I have lost count of the number of times I have heard “photographers” start a negotiation by saying “my rate is $xxx, but I am prepared to negotiate”. For goodness sake, don’t undermine yourself by offering to negotiate before the client has had a chance to respond to your “rate”.

Jonathan, you state: “All the bitching in the world is not going to stop the YOUNG, TALENTED, and PASSIONATE photographers of tomorrow working for $0.” My response to that is that if they are not being paid, they are not working. Remember, there is a qualitative difference between working for nothing and working for free. It is normal for photographers to approach others and offer to work for free for someone because it gives them access to something tangible and significant that helps their careers. But if someone approaches you there have to be very very compelling reasons for agreeing to work without pay.

It’s all very well saying that all you need is a consumer level camera and a cheap computer. I disagree with that statement, but even if I agree with it, these things still have to paid for. How exactly are the “YOUNG, TALENTED, and PASSIONATE photographers of tomorrow working for $0″ going to pay for these things (and that is without mentioning PI, PL, EL, and equipment insurance, or all the other costs of business, and don’t even think about paying rent, feeding yourself, having a life etc etc.)

The real reason that this problem exists in the industry is there is a perception of glamour. There are so many people who want to call themselves “photographers” and they just can’t get a break by charging, so they prostitute themselves instead and do it for nothing. But that act undermines the industry they want to see themselves as a part of. It is more of an issue since the digital revolution because they can strafe the subject and hope they get a few acceptable hits. When I started out you actually had to understand exposure and composition and film characteristics because you could not afford to waste materials. I used to have an annual lab bill of $40,000. You can only afford that if you are charging to do the work. Just because there is no film cost does not mean that there are no costs. My pro spec cameras get worn out in about two years. In practice, every time I press the shutter release it costs about 3 cents. If you buy a consumer level camera it will actually cost more, not less. Then start looking at storage costs, backing up, software and computer upgrade costs. How are you going to pay for that if you work for nothing?

In the UK for the last few years there have been 10,000 people annually gaining some form of photographic qualification, chasing at best 500 jobs (and that is being generous). The competition is already really huge. Neither I, nor any other good photographer I know, has any problem with competition. But the reality is that whether you charge or not, if you are setting out, the likelihood is that you will NOT succeed. It is not enough to be a great photographer, you have to be a good business person too. In fact, the vast majority of successful professional photographers are not and never will be considered to be “great”, but they are good business people. That, whether you or anyone else reading this post likes it or not, is an absolute irrefutable fact. Where there are exceptions, those people employ agents or managers to look after their business affairs – and you show me an agent that sells their photographer to a client for free. In fact, it is well known that the reason for using an agent is that they will get a MUCH higher fee for their photographers than the photographers would get themselves. So much higher, that even with a 50% commission the photographer is usually better off.

So, where to do we stand with this whole working for free thing? I’ll tell you where I stand: a customer approaches me and asks what I charge. I tell them. If they say that they cannot stretch their budget that far, I will discuss with them what they can pay and what, realistically I can offer them. If we cannot reach a compromise, I walk away. I know that they will go to someone who works for less, and I have no problem with that. What I hope is that they do not go to someone who works for free, but if they do, in the long run it is ALL photographers that suffer.

There will be some people who read this that will disagree in a very visceral way. If you are one of those, ask yourself why you feel like that. Then ask yourself if you would do a different job for free. The fact that you like being a “photographer” is not a justification for doing it for nothing. The only justification for doing it for free is as a pastime, in which case the client is you, not some third party.

For myself I am busy and well paid, and I KNOW that that is because I conduct myself professionally and produce good work. I employ professional services to assist me (lawyers for contracts etc), and as a result clients know that I am serious and in business.

Yes I negotiate, but in a business like manner.

For example, I have just taken on a commercial job that the client thought was three days, I made the case strongly that it was simply not possible in so short a space of time, and told them it was at least six days, more likely eight days. After negotiation they agreed to eight days, and I made some concessions on the rate, but they are paying more than three times what they originally thought it was going to cost. Why, because they see that the value I can add to their project will pay them back at least a thousand fold what I am charging them (and trust me I am earning well from it) – in short it makes commercial sense.

And that, in a nutshell, is what every photographer should be asking themselves before they commit to a job: does what I am about to engage in make “commercial sense”? If the answer is always yes, then with luck you will still be a photographer 20 years from now. If not please post back in a few years time and tell us all what you are doing instead… and whether you do it for free.

If you don’t like the term “working” than consider the term “volunteering”. Whatever you wanna call it, I speak truthfully when I say that I know of many many cases where a photographer has produced images for a commercial body or magazine for nothing other than a photo credit and bragging rights.

Here’s a pink elephant, my vision of the future (I’m sure this will be very unpopular): Out of all of the folks who call themselves “professional photographers” about 0.1% will be actually paying for all of their costs of business, their mortgage, their assistants, (everything) and turning a profit to boot. They will be shooting for big business clients, ones who want the very “best of the best”. Then there will be about 5% of the “professional photographers” out there who work another job to make ends meet (such as IT) and shoot jobs about once a month. They will be paid, but poorly. Why? Their competition will be so fierce from about the other 94.9% of “professional photographers” who shoot for free or next to free. Oh wait, I’m not talking about the future anymore but rather the present… Hmm..

M, maybe we are coming from different worlds. I shoot fashion. I assisted some quite well known fashion photographers in the early 2000’s. After looking at your site, I see you shoot different things than I do. I like your pictures and I can see your talent would be an asset to a commercial client. However, the fashion budgets are horrific right now. I am assuming that the rest of the markets are not doing so well either, judging from the comments above.

All you really do need is a consumer level camera and a cheap computer. These kidos generally already have a computer. The camera can be gotten. The part time job maybe could finance it? Bank of mom and dad? Or Visa? What about the cost of doing business? Well, you said it yourself; these people are not actually working. So, they’re not actually doing business. Equipment insurance? Why insure a $1000 camera? Paying rent? Feeding yourself? Uh, thin is in… Bottom line is though, these kids are talented and produce images at no cost to clients. So yeah, “clients” are happy and (most importantly) not using the other “professional photographers” (who cost more).

Hey, it sucks. This is what’s going on in my world though and all the photographers out there who read this take warning, it’s coming your way. Try and be in that 0.1 percentile and you’ll be OK. OK?

“It is more of an issue since the digital revolution becasue they can strafe the subject and hope they get a few acceptable hits. When I started out you actually had to understand exposure and compostition and film characteristics because you could not afford to waste materials. I used to have an annual lab bill of $40,000. You can only afford that if you are charging to do the work. Just because there is no film cost does not mean that there are no costs.” You sound just like the guys I assisted and I totally agree with you. However, it also sounds like you’re upset. Again, I don’t blame you. But please, don’t contest what I’m saying. I’m living it. You don’t have to understand film exposure anymore and composition is subjective. Even though pixels do cost money, a lot of people don’t know they do (like a lot of clients) and let’s be honest – they are cheaper, less than a $40,000 lab bill. Storage costs? Computer upgrades? Uh, my MacBook Pro (the 2004/5 model) along with my pirated copy of Photoshop can handle a file from a P45 no problem let alone my digital Rebel. Yeah, it’s a little slower than your MacPro but who cares?! I can’t afford a new computer and it works fine!

“You show me an agent that sells their photographer to a client for free” – I could, but we’re in public. OK, I couldn’t tell you how much the client paid the agent, but I could tell you that the photographer shot the job for free/bragging rights.

“What I hope is that they do not go to someone who works for free, but if they do, in the long run it is ALL photographers that suffer.” Already happening, see pretty much all the comments above as proof.

“The only justification for doing it for free is as a passtime, in which case the client is you, not some third party.” True. We’re going in circles. The clients, in the end, gets nice HighRes photos for free. Neat.

I think you have a good business sense (probably better than mine!) but you are a little in denial about what is happening and where we are going. I know I sound very defeatist. I just hate surprises. I mean, there’s a reason this blog post got written in the first place.

Michael said:
July 27th, 2010 at 6:37 pm
Jonathan, you suggest that I may be upset and in denial. I am far from upset, my business is lean and efficient and turns a decent profit. I own my own house and have a wife and three children, all paid for by photography. My business is growing, and every year I improve my margins by finding more efficient methods of practice. My software is legit, my equipment is top end. In the next three months I expect to upgrade my studio lights, my computer system, my data archives, and my cameras and some lenses. All of this is paid for through a profitable and reasonably well run business. There are still things I could do more efficiently and I address each issue that bothers me in turn. In short, I am far from upset. The digital revolution has been difficult, but I have come through it well placed. Next up is the stills/HD video revolution. Where will that take us I wonder?
As for denial, I have no illusions about what is going on in the industry, and like I said, there are occasions when shooting for free (not for nothing) can make commercial sense. For example, you say you are in the fashion world. Well, I know a photographer (very well known in the fashion world) who shot an entire campaign for a top drawer designer for free. Actually, the shoot cost him about $20,000. It involved A list models, sets, makeup artists, retouchers etc. Why did he do it? Because the designer was so high profile that he was GUARANTEED a ten page spread in every edition of Vogue in the world. It was a loss leader that generated an enormous amount of business for him. Naturally it was a contractual obligation that the designer did NOT tell anyone that he had shot for free. The thing is, he was already shooting for some of the biggest names in entertainment and fashion anyway, and that is how he got the chance to pitch for such a big account.
So what then is my problem? What is it that is making people write blogs like this one? It is the simple fact that I feel like I have come across a group of people who are complaining that their house is burning down, and yet their solution is to pour gasoline (petrol) on the flames!
I am fed up with hearing people moan that there is no money in photography anymore, and then blaming the market, the editors, the art buyers, the PR people… everyone they can think of except themselves. The simple fact is that the people who are screwing the photography industry and making it impossible to earn a living are the photographers, not the buyers. The buyers are responding rationally to a situation created by the glut of people who want to call themselves photographers so much that they will pay for the privilege. Every time a photographer agrees to work for free, or starts a negotiation by saying that they can negotiate on price before the client has responded to the quoted rate, they hammer the nails into the industry’s coffin a little further. It is that that pisses me off.
It is time for photographers around the world to wake up and smell the coffee. It is not that the business has gone sour, it is that they are not treating it as a business. Instead of going to another free Photoshop seminar they should be paying to go to a negotiations workshop. I know of one company that was approached by one of the biggest companies in the world to do some work for them. The company’s response? “You can’t afford us!” Red rag to a bull. It made the approaching party more convinced than ever that they could NOT afford NOT to use them.
Stand outside the world of photography for a moment and look at it dispassionately: none of the arguments make any sense. Yes budgets are getting tighter, that is the reality of the world we are living in at the moment. But in every other industry it mean restructuring to meet the changing climate. Some companies will fail, and others will actually grow through recession. But in no other industry will you see companies working for free – it is a luxury that they cannot afford. As a result, although most sectors have seen falling demand, the industries themselves remain properly balanced. Now consider photography, lets consider fashion specifically, since that is the area you mention. Budgets are constrained, but they still exist. Designers are still trying to run a business, the fashion magazines are still selling and drawing advertising from design houses and companies with lifestyle products and services. Fashion shows are happening, models are being paid, as are set builders, chandlers, make up artists, lighting companies, events coordinators, caterers, security companies, PR agencies… I could go on. All of these people are being paid. So how come when it comes to the photographs – the very things which the fashion industry absolutely needs in order to maintain consumer interest and as a result cash flow – there is suddenly “no budget”. Of course there is budget. But if you were in their position and you KNEW that “young talented and passionate photographers” would work for nothing, what would you do? You would say you have no budget, book someone, and then laugh about their gullibility with your colleagues over a bottle of Bollinger paid for out of the money you saved by not having to pay the photographer. I repeat: it is not THEIR fault, it is OURS.
The facts are these: not everyone that wants to be a photographer can be one. Just like not everyone can be a Hollywood A-lister or drive a Bentley. If ALL photographers stopped this working for nothing (not free) bullshit at once, and started to behave professionally, the future of the industry would start to look very different very quickly. Do you seriously think that if we all charged or refused to work that we’d just have no pictures anywhere anymore? Of course not. The budget would suddenly appear because it was always there, lining the pockets of the clients that should be giving it to you.
You gave me a vision of the future. I’ll give you mine. The number of “professional photographers” will shrink, but there will be plenty of paying work for all of us that treat it as a business, not just as an art. Even the art photographers I know that are successful treat marketing and business very seriously, that is why they are publishing books every year and getting funding. That is why I have signed a commercial contract in the last three months that is worth a quarter of a million dollars over the next three years. What will it take to make my vision come true? It will take everyone that is a photographer, or wants to be a photographer, starting from the basis of believing in themselves and believing that what they do is important and adds value. Know your worth and stick to it. If you think the state of the industry sucks, then do something about it, because our future really is in our hands.

“The UK government wanted to introduce a law to allow anyone to use your photographs commercially, or in ways you might not like, without asking you first. They have failed.”

But it is clear that the issue of copyright in the digital age is not going to go away. Dominic Cooper, the General Secretary of the Chartered Institute of Journalists has just sent me through this:

Google’s sweeping digital book settlement is facing extra complication and delays as photographers and illustrators prepare to file a fresh class action lawsuit against the internet company over images used in the publications it has been digitising.

The American Society of Media Photographers and a number of related trade associations are expected to file the case against Google on Wednesday in the US District Court for the Southern District of New York.

The action is separate but similar to a class action that is the subject of a pending $125m settlement filed against Google by authors and publishers related to the Google Library Project, which aims to scan some 18m books on to an online database. Photographers and illustrators were not allowed to join the existing class action suit, and have opted to file their own case.

“Google is scanning in books and publications with visual images, which impedes the rights of the copyright holders of those images. We are seeking compensation for that,” said James McGuire, founding partner of law firm Mishcon de Reya, who is leading the case.

The reality is that the rapidly changing business models for photography are resulting in increasing numbers of amateurs being content to earn a few bucks here and there through sales of images via photo-sharing sites like Flickr without being overly concerned about tracking usage and third party syndication  or other copyright infringements. Many are simply chuffed to see their images in print, and while there is nothing wrong with this in principle, it is leading to a wholesale dilution of the market’s expectations of how “photographers” regard their intellectual property. As a result, while many professional photographers are learning to shift their business strategies and diversify by playing the amateurs at their own game with frequent submissions to similar sites and microstock agencies, they are having to fight a rearguard action to protect their work from big business which has the power to ride roughshod over photographers as a whole.

For any amateurs reading this, the moral is simple: there is more than enough room for you and the often excellent work you produce, but if you don’t place a realistic value on it then others will treat it as worthless, and in the end that makes photography as a whole all the poorer.

So on the subject of photographers protecting their jobs, it seems a good time for some more What The Duck:

Job Security © Aaron Johnson 2010

UPDATE: Have just discovered that Michael Fallon MP (whom regular readers will recall I had written to on this issue) voted against the bill as a whole. Thank you Mr Fallon. I would like to think my letter had some influence.

Anyway, a little belatedly, I have had a reply from Michael Fallon MP. I assume from the tenor of his reply that he is seeking reelection:

Dear Michael Cockeram (sic),

Thank you for your email of last week about the Digital Economy Bill. My apologies for not replying earlier.

This Bill is in the House of Lords and has yet to reach the Commons but we are already aware of the substantial concerns about authors’ rights and “orphan” works. The Conservative Party wants to ensure that the Bill does not damage the exisiting rights of content creators, not least those of professional photographers, and that it prevents identifying information from being stripped out from a digital image.

Some amendments are due to be made in the Lords next week but we shall want to scrutinise this part of the Bill very carefully when it reaches us, and improve it if necessary.

I am copying your concerns to our Conservative spokesmen here.

With all best wishes,

Michael Fallon

Well, the good news is that he appears to be on the side of professional photographers (I wonder how many reside in his constituency, and if you’re one and you didn’t notice apparently he is Conservative and there is an election?), although I am a little troubled by the “improve if necessary” bit. I think most photographers that have taken an interest would say that it was necessary, so no ifs, just improve, please. I might then even forgive your spelling my name wrong.. poor that, really poor, and there is an election soon too!

I figured it might be nice, from time to time, to embed strips that have a relevance to the preceding posts. If you love photography and have a keen sense of humour, click on the strip to be taken to the What The Duck site and sign up to receive the newsletters and strips.

Here’s the first:

The Audacity of Hope © Aaron Johnson 2010

Dear Mr Cockerham,

The reality is that the government will get its way on the Bill unless the Opposition manages to block it during the winding up of the present Parliament.

As an individual MP there is no way I can prevent this measure making progress so I hope your professional association has made the points you have given me to the Conservative and LibDem spokesmen.

Kindest regards,

Derek Conway TD MP

So much for representing the interests of your constituents! I never thought for a minute that he personally could stop it. But surely it is incumbent on him, however long he remains in the House, to hold the Executive to account? He could reassure me that he would ask probing questions and make a valid contribution to any debate. But apparently his attitude is, “what’s the point”?

It occurs to me, that with so many MPs declared to be standing down, that many, if not all, will be taking a similar approach. If so, we – the people – are no longer being represented at all, and there can be no greater justification for a call that Parliament be dissolved and a general election called immediately.

I await Michael Fallon’s response. In the meantime, this has been published today by the British Journal of Photography.

Much has been written on this quite eloquently already for example here, so rather than rehash, it makes more sense to take the problem up directly with our MPs. One wonders exactly how that will pan out given the numbers who have nothing to fight for, but I feel it is worth at least stating a case rather than lying down without a fight. On that basis I have written the following letter to two MPs – Derek Conway (Independent) who is the MP for the constituency in which I have my office, and Michael Fallon (Cons) who represents the constituency where I have my home.

I will post the responses when and if I get them. In the meantime I strongly urge you to do the same where ever you are. And by the way, if you are reading this as an amateur photographer, don’t be fooled into thinking this does not affect you. If you take pictures and post them on the internet, it probably affects you more than it does the pros.

Dear Derek Conway/Michael Fallon,

I should like to ask how you stand on the proposed Digital Economy Bill.

As a professional photographer of over 15 years based/living in your constituency, I am extremely concerned about the elements of the proposed legislation surrounding “orphan works”, and indeed anything that undermines my right as the author of creative works to be the sole controller of how and if such works are used. That right of control has been the mainstay of my living throughout my adult life. When on occasion I have discovered that my work has been used without my consent I have had the right in law to be recompensed and demand that the illegal use be stopped.

The proposed legislation will in effect remove that right, since there is no balancing item in the bill that requires publishers of such works to maintain a link between the works and their authors. Neither does the bill specify what would constitute a “diligent search” for the author of a given work. Once a work has been deemed to be “orphan” it can be used subject to a nominal payment to a government organisation. If the author subsequently comes forward, he or she gets a percentage of what was probably already a derisory sum, with the rest going to cover administrative costs and no doubt the government.

But how are such fees to be determined? A couple of years ago an editor approached me to use an image of mine she had come across, on the cover of her magazine. I rejected the request because I did not want to be associated with that publication, but had I agreed, the appropriate fee would have been nearly a thousand pounds. If this bill is enacted, a similar editor could find such an image, not be able to “discern” that it was mine, and pay a nominal fee for its use. What then? My work is used in a way I find objectionable, and on discovering its use, my recompense is a percentage of a figure that we all know is going to be significantly lower than it should have been.

If you wonder how likely this might be, consider that it is quite common when works are supplied to a client, for the layout process to strip (not necessarily deliberately) all the embedded IPTC data that indicates the provenance of the work, in effect orphaning work that had been carefully “marked” for ownership.

I accept that the issue of Intellectual Property in the digital age needs to be reexamined, but the bill as it stands while addressing key issues for the music and movie industries, is hammering a nail in the coffin of professional photography at a time when it was just starting to show a solid potential for growth following the digital revolution. When it is also dealing with the near collapse of traditional editorial markets, and the negative effects of a deep recession, the last thing we need is for our political representatives to hand over our near lifeless corpse to Mr Murdoch and his friends on a silver platter.

I hope I can rely on you to push for the bill to be reexamined paying particular attention to its effects on all forms of professional photography at its next reading in the House.

For further information on this pressing issue please read the following.

Yours sincerely,

Michael Cockerham
Member of the Chartered Institute of Journalists

This is a tale of two photography students. One sold some pictures to a client and was bummed out. Another failed to land an assignment but ended up feeling

via Notes from the VisCom Classroom: A Tale of Two Students.

A link to the above was emailed to me by my friend James Lipman – a very good car photographer.

This movie is hysterical, but oh so true!!!!!!!!!!

A good thread was started by Guilad Kahn on Lightstalkers on just this subject, titled “I’ll Pay You”. Sadly it descended into general mud slinging and eventually the whole thread was pulled – shame really as it was an important issue. Anyway, a rather nice chap called Daniel Cuthbert saw fit to comment on the issue in his own blog, and sent me a message saying that he thought my “reply to Guilad’s post has to be one of the most inspirational ones i’ve seen on LS yet”. Flattery will get you everywhere, Daniel, so for the sake of posterity I thought I would post that reply here – perhaps if Guilad agrees, I can place the original post here as well.

My post on Lightstalkers:

The only reason Guilad’s post is so funny is because it is so bloody true. I have lost track of the number of times I have had to explain to prosepctive clients that I am providing a service and they should expect to pay for it.

The wannabes that do everything for nothing (not to be confused with doing things for free) undermine the very profession they claim to be so passionate about getting into.

Know your worth, and stick to it. If someone does not want to pay your rates, thank them for their enquiry and politely suggest that they look elsewhere. Because most photographers are not trained in good business practice, they have a tendency to jump on any prospective job, and strangle the life out of it. I know that there are many who will start a “negotiation” with the words: “my day rate is x, but I am prepared to discuss it”. Why the hell do people say that when the client has not even been given a chance to respond to the rate?

The thing is, all this knock down bullshit changes the mentality of the clients. Worst case I had was two years ago. Magazine editor rings me up after seeing one of my images and wanting to use it as a full bleed cover. Circulation and advertising rates were modest, and warranted a fee of about $1200. Before I could even suggest this to her, she told me that they had “a policy of only using images from photographers that advertise with them”, but that she would do me a deal and give me four months for the price of two (about $1000) and then they would use my picture on the cover. I asked her to explain the business model, and she was a little perplexed, and responded that other photographers did it. I suggested that “other photographers” clearly had vanity issues. I on the otherhand have a mortgage, a wife (very expensive), two children (even more expensive), two cats (don’t get me started on them) etc, and that what I needed was paying. I further pointed out that she had called me. I sent her a high res comp on approval, and made it clear that if they liked it, they would bloody well pay, and I would not be taking out advertising with them. Needless to say they turned to some other mug who clearly caved in.

Much has been written on LS about these issues in the past, but I think the very best post was by Sion Touhig in 2006. I hope he will forgive me for pasting it in here because it is so relevant.

Michael

Sion’s post from May 2006:

Apologies in advance to all reading this, because I’ve had a spectacularly bad day, so you all might want to get your flameproof pants on…

Yeah, fair enough, the thread was hijacked, but my argument was there’s a particular kind of mindset that seems to be unique to our business, that means clients can think they can get away with saying “We have no budget”…a phrase that in just about any other kind of work would elicit the logical response “Well, fuck off then, and stop wasting my time”.

I mean, I’m all for coming to an agreement, but in what other business would you even CONSIDER that line as a negotiating position? You work out your costs of doing business and work from there for a quote. It’s kind of an iron law, because any less than that and you’re paying to work. That has to be your bottom, unbreakable line, or you starve. Or you work out what utility the work has to you in other terms – stock sales for example.

If it hasn’t got any, then walk away.

A lowball offer is one thing, but when they say they have NO money…I mean, where do you start? All you can say is you’re a professional service provider, if they commission you, they can sleep soundly because the images will be delivered on time, to a high standard, you’re a reasonable guy…but it costs, ya know?

It’s very rare, if at all, that just getting the images ‘for your folio’ will bear any future fruit with that client. You’ve just demonstrated that you are literally, worthless.

I’ll try the “Sorry mate, I have no budget” argument the next time I walk into my local pub, and my next LS posting will be when I’ve had my collapsed lung fixed, after getting the shit kicked outta me by the barman…

To bring the thread back…Nathan, you’ve kinda answered your own question. If the company is a large wealthy entity, who can obviously pay the salaries of their staff and any outsourced services – the cleaners, the photocopier maintenance people, the I.T. support folks…why the fuck can’t they find any money for you? They didnt factor in all the costs for the job then say, “Doh! We forgot to budget for a photographer!” That’s ridiculous.

They have money – thats self evident. They just dont wanna give you any.

No…what they said was “Let’s not budget for a photographer AT ALL, because some desperate wanabee will ALWAYS roll over like a good dog and do a job for us for free…for his ‘portfolio’ or whatever those ‘artists’ call it, heh heh…”

And you know what? They’re invariably right. You sit and fret at the end of the phone about whether you should roll the dice and take the job, because a gun is being held to your head.

But…who’s holding the gun? Not the art director. They’re just taking advantage of the situation.

The gun is being held to your head by…whichever photographer is willing to do the work for nothing.

You’re being killed by another photographer. Another photographer who obviously has a death wish themselves.

Even if you ‘negotiate’ a compromise, it will invariably be a compromise based on the bottom line of whichever cheaper photographer is around. Whatever reduced fee you agree will be very hard to negotiate upwards.

Now, I don’t wanna sound like George W. Bush or anything, but in this business, I am increasingly coming to the inescapable conclusion that “You’re either with us or against us”

To widen the point somewhat – Jon Anderson has been busting his ass for about a month on LS to get together as many names as possible for a petition to combat a US copyright law, which if passed, is quite frankly, yet another nail in the coffin for independent freelance photography in the US and Worldwide. You don’t even need to be a U.S. Citizen to add your name to the list.

There are about 8000 LS members and how many have taken the trouble to do the simple task of adding their name to the list? About 300.

To which my response is – what a fuckin’ shameful disgrace. Jon is so committed to his thing, he even LIVES in the Third World, but is still willing to take time to defend your sorry asses – and most of the rest of you living in relative comfort in the First World can’t even be bothered to type your own name and address!

How the hell am I supposed to accept all this ‘Family of Man’ photojourno-concerned-photographer propaganda I keep reading on this site, when photographers won’t even support their OWN PEERS? Never mind anyone else!

Carlos is right…are we gonna stand up or not? Are we professionals or not? Do we have ANY self-respect? From what I see, some of the dirt-poor wretched of the Earth have more pride than the photographers who photograph them. They would NEVER stand to get screwed the way we do.

That’s all you need to know about what the REAL problem is in this business…and it’s most dirty, sordid, unspeakable little secret, which is – a lot of the people who will roll over and do the job over a photographers bankrupt body are all on LS.

Not so long ago when we weren’t all on the internet (I’m old enough to remember), maybe ignorance was a defence. I perceive a widespread lack of basic knowledge on LS about copyright law, licensing, rates, metadata, developments in the photo-world…it used to be tough to keep up to speed before the Web.

No more. All the info you need, is a mouseclick away.

My message to any LS member with their head in the sand, living in the NachtweyWorld Dreamland Themepark is:

YOU are the problem – not Getty Images, not Corbis, not the Orphan Works Bill, not RF images, not Micro-Stock, not Work For Hire, not rights grabbing contracts…

You. Because without you, they would never have existed.

If you can’t get to grips with the basic concepts of controlling and valuing your work in the digital world (the ONLY world which matters now), and by extension, engage in ethical business practice by valuing the work of your peers and holding the line on decent, fair rates, then you have no place in this business.

Because it’s you who are killing the photographers who value their work and businesses – and yours – enough, to walk away from ‘no budget’ nonsense.