10 Commandments for Commercial Photographers*

    The 10 items below are written primarily for photographers but, really, the ideas apply to all commercial artists, whatever your speciality.

    1. Understand and accept that you will make mistakes. You are going to forget a battery or mess up a setting or forget to double-dog confirm that one stylist or something. None of this is terminal, even if it is hard now. You’re a creative problem-solver–you’ll find a way through it. 
    2. You are not your images. If you show your work to someone and they don’t like it, don’t take it personally. Art is subjective. Just because your work isn’t right for them doesn’t mean you suck. 
    3. No matter how much you know, someone else will always know more. Always be learning and be willing to learn. Take classes. Listen to clients. Be open to other ideas. 
    4. Don’t get stuck on the final. You may know exactly what image you want to make, but if you stop there or hyper-focus on making only that image, you may miss out on an even better image. Play. 
    5. Treat people who know less than you with respect, kindness, and patience. Your corporate “suit” client, let’s call him “Bob,” may offer up the lamest idea in the universe on a shoot. Be kind to him–he is trying. Be kind to your assistants and crew too while you are at it. You are not a god (read #1 again) but just another human being like those around you, even if you have talent in an area they don’t. Don’t be an egotistical jerk. 
    6. The only constant in the world is change. “While we’re here, can we just shoot…” or “I just found out we need the model to be blonde” and the like are opportunities, not difficulties–if you choose to look at them that way. Same for market changes and technology changes. Be open to change. 
    7. The only true authority stems from knowledge, not from position. You can’t force a client to respect you, but you can earn that respect by demonstrating your professionalism compassionately and openly at every opportunity. 
    8. Advocate for what you believe, but accept defeat graciously. They client may say they want your look, but sometimes the boss of the client’s boss’ boss wants it how they want it and that is just that. Pitch your ideas, advocate for them passionately, then let go when it won’t change a thing. When that happens, just make the best work you can within your client’s parameters and, when it’s done, move on and cash the check in peace. 
    9. Reach out. You can’t expect people to know about you and your work just because you have a social media presence. You need to get out there and meet people. The more you put yourself out there to the world, the greater the chance you’ll connect with someone who really wants to work with you. 
    10. It’s art–not a tumor. If your work feels like, well, work, I mean like drudgery/work, then you might want to think about another career. You need to love what it is you are doing–making images needs to be a joy, a release, a passion–it needs to be the fun part. The rest of business is generally not fun (bookkeeping, insurance, taxes, etc.); making the work should be joyful. If you don’t absolutely love it, you need to try to re-find that fun/passion/joy. Otherwise, you might as well do something that has a regular paycheck and benefits like health insurance. 

    (* I originally wrote the first version of this in 2008–I’ve updated it here but the original has held up very well, almost 15 years later)

    CCB Cases Update

    For those of you who have been following along, you know that I have filed a couple of Copyright Claims Board cases for my clients. That number is now 4. Of those, one settled shortly after filing and one was just filed in late December and hasn’t even been approved for service yet. That leaves two.

    One of those had the respondents opt out just before it was too late for them to do so. Bummer and, frankly, dumb of them I think. My client can still file in federal district court and, if that happens, that is going to be much more expensive for the former-respondents-now-likely-defendants. This was a small use infringement and the CCB would have seemed perfect for the matter–well, settling before any of that would have been perfect, but outside of settlement a low-cost litigation alternative made sense for all the parties. Oh well, they had the right to opt out. Anyway, there is still a possibility that the matter could settle; but, if the other side doesn’t make a serious effort very soon, I think there will be a new case filed with the appropriate district court.

    That leaves the last of my four cases. It’s actually the first case I filed with the CCB and it has now moved past the opt-out stage, meaning that my client has paid the second part of the filing fee (remember, the filing fee is paid in part at the time of filing then, if the case proceeds past the opt-out window, the rest is then due) and everyone has agreed to litigate in the CCB. We just recently received our scheduling order, laying out how the case will proceed. The next step is that the respondents must file their response to the claim, and that isn’t due for about 2 months. After that, we’ll have a pre-discovery conference (online) and then discovery opens.

    People ask me what I think about the CCB and my first response now is always “It is slooooow.” The case that is moving forward was filed in late July. It is now January and the equivalent of an answer hasn’t been filed and isn’t due until early March. Discovery should close at the end of June, then written testimony will be due about 60 days after that. Then, if needed, there will be a hearing. In short, there will not be a decision in this case (assuming it doesn’t settle meanwhile) until well more than a year after filing.

    Now, that isn’t long for traditional litigation, but I think everyone was expecting this process to be much faster. To be fair, it may speed up some as they work out the bugs but, for now, you must manage your speed expectations.

    I’m hoping that in the end we’ll decide that the system worked within the “fast, good, cheap” paradigm: that is, we know it’s slow and cheap so, hopefully, it will be good.