Posts tagged: know your worth

I’ve had enough

By , March 6, 2013 10:42 pm

The following is a genuine request from a genuine bride:

Ideally I would just like a photograper for the day and a disk of images taken. I don’t really want a book. I’d prefer to store them digitally. However, a large price seems to have been placed on “wavering [sic] copyright” when giving disks of digital images. This is disappointing as we do not have a large budget at all and a huge price tag just for a CD of images is quite depressing.

Excuse me for asking, love, but what, exactly, is it that you think you are paying for? This may come as some surprise, but it is not a disc of images, the physical cost of which is about 50 pence. Perhaps that’s how much you think you should be paying for wedding photography.

Consider, for a moment, that this was another service purchase, for example, an architect. How would it go down if someone were to say, “I’d like you to draw up plans for my new building, but a huge price tag just for a couple of bits of paper is really depressing”?

The fact is, what you are paying for is content. It is the know how, the creativity, the vision. I can pick up a guitar and make a noise with it, but it doesn’t make me a musician. Equally, just because someone has a camera it doesn’t make them a photographer. If you want cheap, I have no doubt you can find it, but don’t come complaining when the pictures you end up with are, well, cheap.

I know you don’t think you will, but I have at least two couples come up to me at every wedding I shoot and complain that ‘they got married six months ago and they really wished they had used someone like me because their pictures were crap’. Well here’s the thing: someone like me was available, but they just didn’t see why they should pay for it. You pays your money, you takes your choice.

But there are other costs as well, so we may as well debunk a few myths while we’re here.

The first is that now things are digital, it’s cheaper for us photographers. Sorry, if anything it’s more expensive. Why, well professional grade digital cameras are about four times more expensive than the film ones used to be, and they need replacing about three times more regularly. To put numbers on that, a film camera used to cost £1500 and need replacing about every seven to nine years depending on how well you looked after it. The equivalent digital cameras are about £3500 and need replacing every two to three years. I know you can get a camera body for £500, but if you really are working as a full time professional those cameras won’t last more than a couple of months of heavy use. Then there’s storage. Storing negatives is cheap. Digital files are comparatively expensive and time consuming, and they need constant backing up.

Which brings me on to the next fallacy: digital is quicker. On the whole, no. In the days of film you could finish a wedding, drop the films into a lab to get them proofed, and do a bit of paperwork. Now a day’s wedding will include a day of post-production preparing and processing the images for use. I don’t know what line of work you’re in, but I am willing to bet that if something started to take twice as long, you’d be looking to charge twice as much. Most photographers moving from film to digital have swallowed that extra cost, in effect they are earning half what they used to be earning, and all the while the customers are wanting them to cut their prices.

It’s also worth remembering that print sales used to form a significant chunk of wedding photographers’ sales. While I understand that people’s relationship with photos has changed now (I am human too, after all) the fact that a digital file can so easily be replicated and sent to anyone means that passing over a disc necessarily kills those sales. Is it reasonable to expect photographers to give those discs over without some form of suitable compensation?

Then there are the costs of being in business, things like rents, rates, heating, phone bills, computers and IT, professional insurance, travel, taxes, accountants fees, stationery, advertising, training. These things cannot be covered doing 40 weddings at £100 a time and giving you the disc, and that’s without, god forbid, suggesting that I might like to feed my family, put clothes on their back and a roof over their heads, and maybe have a holiday camping in Wales once a year.

I wish I could say this was an isolated experience, but sadly it is becoming all too common.

Here’s another one:

I understand everyone needs to make a living but unfortunately I simply can’t afford quotes of £1000 plus. I am having a February Wedding; it is out of season because I am hoping for out of season prices. We would ideally love to have the “getting ready” shots, wedding shots and some reception shots, first dance shots would be perfect. We are having an afternoon wedding at a church and a reception within half an hour drive of the church. I would like a mixture of good natural shots of us and guests as well as some classic posed group shots. With regards to an album, I would be happy to hear some quotes but this is not the most important thing to us. The main requirement is that we can have a DVD of high quality images to store digitally and maybe print out ourselves to make a low cost album in a few years’ time. The main “nice-to-haves” are; I would guesstimate about 5 hours of photography and a DVD of high res images for us to keep.

OK, let me see if I have this right: you want everything, but you’d like me to pay for it because you can’t afford it? I’d like a Bentley but I can’t see them giving it to me for the price of a Ford Focus just because its outside my budget, can you? If you really can’t afford it then you need to lower your expectations and look at the quality photographic services you can afford.

As for out of season prices they relate to venues as a rule, the reason being that they were finding everyone wanted to get married on a Saturday between May and September, and that’s only about 22 days out of 365. As a result they hiked the prices on the peak demand dates and offered incentives to couples to book less “popular” days. That doesn’t really apply to photographers. If someone asks me if I’ll do a discount for shooting a wedding on a Wednesday, my response is to ask if they want me to provide the same service I’d give on a Saturday. It’s not that out of season is cheap for venues, it’s that the peak season prices are artificially inflated with venue hire charges and such. If you don’t think that’s true go to a wedding venue out of season and buy a pint, then try again on a Saturday in August – any change in price will be minimal and nothing to do with the time of year.

I know the world of professional photography has changed, and frankly it’s for the better. I welcome the increased competition, and the driving down of prices for the benefit of consumers. But there has to come a time when a little dose of reality comes into people’s thinking, and that time really is now.

I try to provide options for everyone on all budgets. I have a number of wedding schemes, and they range from £450 up to about £2,500. You’re not going to get everything for £450, of course not. But you are going to get quality. More importantly, I never destroy anything. So if you’re feeling flush a few years down the line you could always get that canvas or the disc then. It allows you to plan, budget, and spend in a way that is suitable for you.

I have a clear data management policy, so you don’t need to worry about the photos. They’ll still be there for you six months or six years down the line. Whether you buy your disc or not, if your house burns down, I’ll still have all your pictures. In fact, if my office burns down I will still have all your pictures – it’s all part of the service.

In the end, if you are getting married there are two things you need to ask yourself: the photos are virtually the only physical thing left when the dust dies down on your big day, does it really make sense to cut corners? Secondly, given what I have said about the costs of being in business, if someone says they can spend all day photographing your wedding and then just hand over a disc for a couple of hundred quid, might that not just strike you as being too good to be true?

There are lots of good photographers out there. Some are cheaper than I am, some are more expensive. But you won’t find any that care more deeply about your photos than me. Come and talk… you might just be grateful that you did.

Great Fosters with a storm brewing. Photo: © Michael Cockerham 2013

Great Fosters with a storm brewing.
Photo: © Michael Cockerham 2013

 

Nothing but a pencil

By , July 5, 2012 11:31 am

Over the last couple of days I have been running a photography workshop for the Ideas Foundation at a school in south London. The Ideas Foundation exists to bring access to the creative industries (a growth sector that is a predominantly white, male, middle class preserve) to children from disadvantaged backgrounds.

We have been learning about de Bono and creative thinking. We have looked at all sorts of different careers that exist within the photographic sector specifically. We have looked at different photographs and questioned why they work (or don’t). But most importantly we have had fun.

In amongst all this the pupils were furnished with basic (think really basic and then multiply by a factor of 10!) cameras and sent out around the pretty large school grounds with a brief to take just two photographs. Their response? “Just two???!! With that rubbish camera???!!?? Why?”

I explained to them that it is the quality of their thinking and curiosity, not the quality of their camera which will yield great results – I then recounted the famous story of Picture Post sending Bert Hardy out with a Box Brownie, and his fabulous result.

To begin with they were too blinkered by their own linear thinking, until one of them, a diminutive fifteen year boy, Wesley, decided to look at his pencil differently. They all saw it, and the floodgate of ideas was breached. Methinks that boy will go far!

pencil

Wesley – aged 15 – decided to look at things a little differently. Love a bit of creative thinking. Photo: © Wesley/Ideas Foundation

It’s the people, stupid!

By , June 11, 2012 4:14 pm

It’s curious that phrases can take on a life of their own. “It’s the economy, stupid” was never actually uttered by Bill Clinton in that form, but it is a phrase that immediately conjures him, and references the economic recession of the early 1990s. More interesting still is the idea that those four words are so perfectly conceived that they can be changed and the reference is still beautifully clear. Sometimes photos can do that too, but that is not what this (very overdue) post is about.

primary school children play the classic payground game hopscotch

Primary school children play the classic payground game hopscotch. © Michael Cockerham

I have always been of the opinion that the the measure of any institution is the people in it. The word “church” for instance, refers not to buildings (although it is usually meant that way now) but to the people who form it. The best institutions have the best people, and I would rather deal with great people who lack the latest equipment, than with mediocre people with the latest of everything.

Primary school teacher plays with the children

Primary school teacher plays with the children. © Michael Cockerham

Under the last government a huge amount of money was pumped into updating all sorts of things, in particular, schools. But then came the crunch, the crash and the recession. Schools now are lucky to see investment in their often dilapidated buildings. But in the new market they have to compete for  students with neighbouring institutions which may have had tens of millions of investment only two or three years ago. Some heads might take the view that competition was impossible, but the enlightened realise that it doesn’t matter how new the infrastructure is if you don’t have thehighest calibre of people within it. I have been approached by a number of such schools in recent months to shoot imagery for websites, brochures and prospectuses. The brief is simple: show that the children are happy, well-balanced and thriving, and that the staff enjoy their work. The physical school can melt into the background.

Primary school children play outside at break

Primary school children play outside at break. © Michael Cockerham

As a father of three young children myself, I say, “amen to that!”

Resumption of service

By , July 28, 2010 11:37 am

I apologise, dear readers. It has been far too long since I wrote anything.  My last post came just days before the birth of my third child – you will be hearing more about him – and so much has happened since then. So much to extole and praise. But I need to get on my soapbox first.

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:

Jonathan said:
July 26th, 2010 at 5:23 pm

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…

Michael said:
July 27th, 2010 at 9:36 am

@ 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.

Jonathan said:
July 27th, 2010 at 1:43 pm

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.

Copyright is the battleground of the digital age

By , April 8, 2010 1:17 pm

Well, the government had their way, and with the collusion of the Tories the Digital Economy Bill was passed for a third reading with barely two hours of debate, and it will get royal assent and pass into law before Parliament is dissolved. The good news for photographers is that the Tories did manage to wrangle some concessions from the Government, not least of which was the dropping of Clause 43. Stop 43 a coalition of photographers has been quoted as saying:

“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:

What The Duck strip by Aaron Johnson

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.

You couldn’t make it up!

By , April 6, 2010 12:37 pm

The Digital Economy Bill is to be debated in the Commons this afternoon, and I suspect its advocates in the House are hoping it can be dealt with swiftly and passed into law before Parliament is dissolved. You can be sure that Blue Filter will be keeping an eye in proceedings and reporting the outcome. In the meantime, if you want a staggering example of why this legislation is so important read Jeremy Nicholls’ highly informative post on the Russian Photos Blog. Really… it defies belief.

The threat to our living – update II

By , March 3, 2010 5:53 pm

Busy, busy. Half way through a shoot for a bespoke bed manufacturer, very interesting – never knew how complex making a bed was, at least that is the excuse I gave my mother as a child and my wife now!

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!

The threat to our living – update 1

By , February 19, 2010 12:21 pm

I have received a reply from Derek Conway to my letter regarding the Digital Economy Bill. It has all the passion of a man on his way out of politics and probably couldn’t care less:

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.

The threat to our living

By , February 17, 2010 3:44 pm

The government’s drive to enact the Digital Economy Bill before the general election poses, potentially, a far greater risk to professional photography as we know it than the digital revolution itself.

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

Notes from the VisCom Classroom: A Tale of Two Students

By , January 9, 2010 12:08 pm

A very worthwhile post on Black Star Rising about not selling yourself short. If you intend to be a photographer for a living, take heed:

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.

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