Asmp spe14 phonerings

Richard Kelly

the phone rings, now what?

Friday, March 7, 14

Richard Kelly Photographer & Educator - ASMP past president

@[email protected] kelly lectures on Facebook

A M E R I C A N S O C I E T Y O F M E D I A P H O T O G R A P H E R S

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mailto:[email protected]

mailto:[email protected]

http://bit.ly/1hQkZ0O

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professionals

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cover photo © Michael Cooper

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“ w h a t m a k e s y o u d i f f e re n t ?

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i s i t y o u r p r i c e ?

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y o u r t re n d y s t y l e ?

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y o u r v a l u e p ro p o s i t i o n ?

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… be able to articulate exactly what your value proposition is.

Peter Krogh • ASMP Strictly Business Blog • October 2012

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there are no small decisions in filmmaking

Sidney Lumet, Director • Making Movies • Vintage 1996

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there are no small decisions in photography

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where is your confidence?

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marketing

financial

artistic vision

planning

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accountability

production team

business advisors

team building

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professionals

...instills confidence

...gets model releases

... use contracts

...adds production value

...has liability insurance

...registers my copyrights

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terms & conditions

estimate

invoices

contracts

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c r e a t i n g v a l u e : e s s e n t i a l t o o l s

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estimate

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terms and conditions

advance & payment terms

License / usage / ©

what is the scope ?

weather and cancellations

exclusivity / portfolio use

Bid or Estimate

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terms & conditions

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Text

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Terms & Conditions

AGREEMENT- This agreement between the undersigned photographer (hereafter “Photographer”}

and the undersigned client, (hereafter “Client”) governs the assignment described in the

accompanying cost estimate, and along with these Terms & Conditions, constitutes the entire

agreement between the parties concerning that assignment.

ESTIMATES/BIDS- The fees quoted by the Photographer are for the original job description as

presented by the Client. Any subsequent changes whether made orally or in writing, may result in

additional charges. The accompanying quote is a good faith estimate of the time and expenses the

Photographer anticipates. The Client understands and agrees that the Photographer will bill for actual

time and expenses incurred, which may be greater than that which was quoted.

DEFINITIONS- “Publicity” use is when the Client submits photographs to an outside publication

(whether print or electronically) for editorial use and the Client(or their client) is not paying for that

use. “Advertising” use is when the Client (or their client) is paying for the placement of a photograph

in whatever media it appears, such as in a newspaper, magazine, billboard,or web site. “Collateral”

use is when the photographs appear in a publication that the Client produces, such as a magazine,

annual report, brochure, pamphlet, poster or web site and whose audience is employees, customers,

shareholders, or the general public. “Personal Display” use is when a photographic print is hung in a

home or office and will not be seen by the general public. “Commercial Display” use is when a

photograph is hung in a public place.

PAYMENT- Advance payment may be required to initiate production. Client shall make final payment

within 30 days of invoice. Late payments will be billed a $20.00 / month handling fee and 1.5% /

month interest. Please make checks payable to INDIGO FACTORY, INC.

COPYRIGHT- Grant of any reproduction rights to the Client is conditioned upon receipt of full

payment in full. All rights not expressly granted shall be reserved by the Photographer. Modification of

Photograph(s) and/or incorporation of Photograph(s) in any layout or concept shall not constitute a

joint work.

ADDITIONAL USE- If Client wishes to make any additional uses of the photographs not covered in

the initial agreement, Client shall obtain permission from the Photographer and pay an additional fee

to be agreed upon.

CANCELLATIONS,POSTPONEMENTS- In the event of a cancellation or postponement of a shoot by

the Client or subject, Client shall pay all expenses incurred by the Photographer up to the time of

cancellation, plus a fee to be agreed upon. If a shoot is canceled within 24 hours of departure for the

shoot, Client shall also pay 50% of the anticipated photographic fee and 100% of the anticipated fees

of any subcontractors booked for the job.

CLIENT REPRESENTATION- The Client is responsible for the presence of an authorized

representative at the shoot to approve the Photographer’s interpretation of the assignment. If a Client

representative is not present, the Photographer’s interpretation shall be deemed acceptable.

AUTHORSHIP CREDIT- A credit in the name of the Richard Kelly Photography shall accompany his

photographs whenever practical.

INDEMNIFICATION- Client hereby indemnifies and holds the Photographer harmless against any

and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from Client’s use

of Photographer’s work. The Photographer similarly indemnifies and holds Client harmless against ant

and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from

Photographer/s negligence.

TURN AROUND TIME- Normal Schedule for web photo gallery or processed files is 96 hours plus any

retouching. There will be an additional charge fro rush service, plus retouching time.

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often referred to as a HOLD HARMLESS clause

indemnification clause

definitions

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jurisdiction

definitions

where & how any disputes will be handled.

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invoice

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wedding contract

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terms and conditions

retainer & refunds

© > who owns what

services provided > for what fees

failure to perform

photographers use of pictures

spell out the participants, venues & contact info (who is paying)

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<instills confidence>

limiting liability

definitions

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pricing schedules

change orders

purchase orders

other paperwork

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liability insurance

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model releases

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Sentence / Statement

piece of mind

model releases

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rights of privacy

model releases

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… can I capture a moment?

model releases

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... what I can do with picture?

model releases

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things have changed…

model releases

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person must be recognizable

legal considerations

model releases

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property

model releases

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pets, personal artifacts...

property not just real estate

model releases

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exclusive right to a mark or symbol

trademarks

model releases

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© Richard Dale Kelly

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http://www.istockphoto.com/tutorial_copyright_list.php

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http://www.istockphoto.com/tutorial_copyright_list.php?Keyword=&CategoryID=0&Sort=&page=18&

http://www.istockphoto.com/tutorial_copyright_list.php?Keyword=&CategoryID=0&Sort=&page=18&

risk assessment • start a conversation and gather contact information

anatomy of a release

model releases

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In consideration of my engagement as a model, and for other good and valuable consideration herein acknowledged as received, I hereby grant the following rights and permissions to ("Photographer"), his heirs, legal representatives, and assigns, those for whom Photographer is acting, and those acting with his authority and permission. They have the irrevocable, perpetual and unrestricted right and permission to take, use, re-use, publish, republish, transmit and display photographic portraits or pictures, still or moving, of me or in which I may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations, in conjunction with my own or a fictitious name, or reproductions thereof in color or otherwise, made through any medium at his studios or elsewhere, and in any and all media now or hereafter known, specifically including but not limited to print media and distribution over the internet for illustration, promotion, art, editorial, advertising, trade, or any other purpose whatsoever. I specifically consent to the digital compositing or distortion of the images, including without restriction any changes or alterations as to color, size, shape, perspective, context, foreground or background. I also consent to the use of any published matter in conjunction with such images. I hereby waive any right that I may have to inspect or approve the finished product or products and the advertising copy or other matter that may be used in connection with them or the use to which they may be applied. I hereby release, discharge, and agree to hold harmless Photographer, his heirs, legal representatives, and assigns, and all persons acting under his permission or authority or those for whom he is acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the making of such images or in any subsequent processing of them, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy. I hereby warrant that I am of full age and have the right to contract in my own name. I have read the above authorization, release, and agreement, prior to its execution, and I am fully familiar with the contents of this document. This document shall be binding upon me and my heirs, legal representatives, and assigns.

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start a conversationget contact data

make reasonable requests

model releases

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•sensitive issues•minors•digital manipulation

permissions can be specific

model releases

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United States Constitution Article 1, Section 8, Clause 8

copyright act of 1976

copyright registration

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““The Congress shall have Power...

To promote the Progress of Science and useful Arts, by securing for limited tıme(s) to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

United States Constitution, Article I, Section 8


““The primary objective of copyright is not to reward the labor of authors, but "[t]o promote the Progress of Science and useful Arts." To this end, copyright assures authors the right in their original expression, but encourages others to build freely upon the ideas and information conveyed by a work.”

Feist Publication, Inc. v. Rural Telephone Service Co., 499 U.S. 340, 349-50 (1991)



Keyword, List Word

Keyword, List Word

to reproduce your work

to modify your work

to distribute

Keyword, List Word

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Registration is no longer necessary to obtain the copyright to a work.



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Registration is required to receive the fullest protection of the law. Including Statutory Damages and Attorneys fees



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• brought the united states in alignment with the world• eliminates published works requirement © notice

Berne converntion 1989


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• exceptions : copyright transfer• exceptions : work made for hire : contract• exceptions : work made for hire : employee

you create it = you own it


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• exceptions : copyright transfer• exceptions : work made for hire : contract• exceptions : work made for hire : employee

license = permission


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unauthorized use

infringement


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unauthorized use

fair use


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fair use

scholarship

research

parody

criticism

to news reporting

education

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• safe harbor• take down notices

d.m.c.a


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• work is original• you have not signed away your copyrights

registration requirements


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• application• payment• deposit requirement



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published and unpublished -have to be registered separately



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published

your web site

your blog

social media sites

news papers

magazines

print ads

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un-published

printed portfolio

wedding albums

password / web gallery

public exhibition ?magazines

print ads

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must register before infringement 3 month exception for published works



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register before publication

register as unpublished

register before work is delievered to client

use the electronic copyright office • eCo

register before posting to online web & social media

ASMP Best Practices

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your special sauce : )

smoke & mirrors

production value

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S L I D E F O O T E R ( A L L C A P S )

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Asmp spe14 phonerings

Business

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