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What to do when the phone rings a live presentation at the SPE 2014 Industry Conference in Baltimore sponsored by ASMP.
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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
Friday, March 7, 14
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 ?
”Friday, March 7, 14
“
”
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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“
”
… be able to articulate exactly what your value proposition is.
Peter Krogh • ASMP Strictly Business Blog • October 2012
Friday, March 7, 14
“
”
… be able to articulate exactly what your value proposition is.
Peter Krogh • ASMP Strictly Business Blog • October 2012
Friday, March 7, 14
“
”
there are no small decisions in filmmaking
Sidney Lumet, Director • Making Movies • Vintage 1996
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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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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
Text
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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
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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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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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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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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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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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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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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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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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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Sentence / Statement
piece of mind
model releases
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Sentence / Statement
rights of privacy
model releases
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Sentence / Statement
… can I capture a moment?
model releases
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... what I can do with picture?
model releases
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Sentence / Statement
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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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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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
© Richard Dale Kelly
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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
http://www.istockphoto.com/tutorial_copyright_list.php
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risk assessment • start a conversation and gather contact information
anatomy of a release
model releases
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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
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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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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•sensitive issues•minors•digital manipulation
permissions can be specific
model releases
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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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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
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““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)
”Friday, March 7, 14
copyright act of 1976
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.
copyright act of 1976
copyright registration
Friday, March 7, 14
Registration is required to receive the fullest protection of the law. Including Statutory Damages and Attorneys fees
copyright act of 1976
copyright registration
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• brought the united states in alignment with the world• eliminates published works requirement © notice
Berne converntion 1989
copyright registration
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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
copyright registration
Friday, March 7, 14
• exceptions : copyright transfer• exceptions : work made for hire : contract• exceptions : work made for hire : employee
license = permission
copyright registration
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unauthorized use
infringement
copyright registration
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unauthorized use
fair use
copyright registration
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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
copyright registration
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• work is original• you have not signed away your copyrights
registration requirements
copyright registration
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• application• payment• deposit requirement
registration requirements
copyright registration
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published and unpublished -have to be registered separately
registration requirements
copyright registration
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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
registration requirements
copyright registration
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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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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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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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