Author: Leslie Burns

YouTube is an enormous success and it is definitely changing the way people get famous (see the band that made the great treadmill video and the “LonelyGirl” series). When people use it as its originators claim it was intended to be used, it’s a fabulous thing.

The idea was to have a space where people could post their own “homemade” videos–to get them out to the public. Great idea. The trouble is that more and more users are posting materials they did NOT make and, therefore, that they do not have the rights to post. The posting of these videos violates copyright law.

Universal is suing YouTube for exactly this reason. This article discusses the case. How will it be ruled? Hard call. I think YouTube has been pretty good about pulling a video when they are informed that it may be posted without proper rights. The trouble is, they are going to miss some and it would take a hell of a lot of their time to police all the materials they are getting. Does that make it okay? No, but it is a problem that should be considered.

The bigger problem is, of course, the incredibly effective spin that is out there against copyright protectionists. Napster and others did a fabulous job promulgating this argument: music (and art, etc.) should be shared with the world and the only people who think otherwise are big record companies who just want more money. Thing is, that’s crap. Yes, big music companies are interested, there is that side of this, but there are many, many, many more individuals (artists musicians, photographers, illustrators, writers, etc.) who would lose their ability to make a living, to support themselves and their families, if Napster-like supporters had their way. And, of course, those companies–the “sharing” ones, would make a ton of money off the creative work.

Look at Microsoft’s planned Zune system–users will be able to beam music and videos and images to each other. That can’t be legal (it would be making a copy) unless the rights owners give their okay. But I can’t find a single article that even mentions the copyright implications.

We need to be active in supporting copyright. Now.

So here’s what we all can do: stand up for other creatives as well as ourselves. Bring up the copyright issues of Zune to Microsoft and the press (letter/email to various editors, perhaps?). Talk about copyright to your clients. If you see a video on YouTube that you think may be posted illegally, let YouTube know. And, more importantly, do not post videos there that you do not have the rights to. I don’t care how cool that commercial is that you recorded off the tv, don’t post it (and don’t email it to others–that’s just as wrong). Don’t “share” your music or video libraries (or software). Lead by example.

Yesterday, I went to see the Dalai Lama speak in Los Angeles. He gave a public talk on compassion, held at the Gibson Amphitheater. It was great. While his English is halting (he has his translator sit with him for when he gets stuck), he still manages to express serious and important concepts. He also makes great jokes.

“What does this have to do with photography?” you’re probably asking.

First off, it was an experience that not everyone will ever have and for most of us there, it was really special. For a lot of your clients (and subjects) a photoshoot is something they think is very special. For some it’s special on the “I have to get the right shot because we’re spending millions on marketing and I may lose my job if I screw this up” level, but for an awful lot of others, it’s just a really cool thing they never (or rarely) get to experience. We in the industry get jaded about the production side of the work because we’re in it all the time, but for someone unfamiliar with professional/commercial photography, a day shooting with you will be the stuff of stories to their friends and families! If you can give those clients a great experience, they will remember and come back. If you can make them really feel a part of it and share their enthusiasm (even when they’re trying to hide it to appear not-too-eager or cool)–bingo, repeat client.

Secondly, the event in LA serves as a great example of how the experience is more than just the event itself, and a bit of attention to the surroundings can make a huge difference. In the case of the talk, the Gibson Amphitheater is located inside the Universal Studios theme park and commercial area they call City Walk. Turn the corner at the Jurassic Park ride and there we were at the entrance to the amphitheater. If that’s not strange enough (in this context), when we exited the place, we were in the middle of the City Walk, which is this out-of-proportion series of confusing “streets” lined with stores and restaurants and blasting music. A more annoying, over-the-top, buy-buy-buy environment, I have never been in. The shock to the system, after 90 minutes of hearing words like “compassion” and “calmness” coming from a man with a soft (but strong) voice and a kind smile like a grandfather, was jarring. Painfully jarring.

Now, the theatre itself, inside, was great, and maybe the space was donated (I don’t know), but the organizers would have served us better if they had chosen someplace else to have the event– someplace less insanely commercial, environmentally-speaking. Yes, it would have been a bother for them to look some more, but the payoff would have been worth it.

When you put together a shoot, location or in the studio, remember that the event is only a part of the experience. You want to give your clients (and the end-clients) a great experience from the moment they park their car (in spaces you provide for them) all the way to after they get the finals (that is, when you send a thank you note). Paying attention to details like having an extra assistant to be a “go-fer” for them (get drinks, etc.) or valeting their cars can make all the difference between a good shoot and a great experience. Give ’em a great experience.

Conceptual photography is a great thing. When a photographer goes beyond the act of capturing what is available (NO disrespect to photo-journalists! this is very different than what they do!) to creating an image that expresses a clear concept, something amazing happens. When there is true creative collaboration between photographer and art director, art happens, even in the commercial realm. Think about the incredible Amnesty International ads, for example. Or, on a more business-y level, the work of Stephen Webster.
But, concepts and their executions can become trite. Forty Media nails this phenomenon with their post on the Top Ten Stock Photography Clichés.

It’s a great self-assignment for a photographer to give him/herself a concept to express. Doing work like this can help you think in new and exciting ways. Just be careful to avoid the obvious and the trite.

Need another example of why using stock images isn’t a good choice for your client? Why it would be better to shoot a custom image?

How’s this (thanks to Åsk at AdLand).

I mentioned in an earlier post about how violating copyright is a criminal offense which can result in jail time. I also mentioned how I thought we’d see more copyright violators going to jail. Well, it is happening.

Good.

Don’t forget to remind bloggers and others who use your work AND the work of others without permission about this. It’s theft, plain and simple.

It’s called “intellectual property” for a reason. It’s property. You wouldn’t let someone rent out a corner of your home’s lot to someone else, would you? No, you’d call the cops. Do the same for your other property.

Just like any right–if you don’t protect it now, it may not be there for you in the future.

Lots of people ask me if I’d be interested in being their rep. Thing is, I don’t rep anymore. In my world-view you can’t do both, at the same time, ethically. I don’t mean to slam other consultants who do (and it doesn’t make them “bad” if they do–it’s a personal choice), but for me, I just can’t help feeling that I’d be playing both sides of the fence.

See, a consultant gets to know waaaay to much intimate detail about most of her clients and that can cause conflict of interest. Imagine if, say, one of the consultant/rep’s repping clients and one of her consulting clients both get asked to estimate for a project. It would be in her own best financial interest for her repping client to get the project and she could use her knowledge of the consulting client to help make that happen.

While that scenario would be relatively rare, for me, I can’t sleep soundly with even just the possibility of that happening–not in my business. So, I don’t play both sides like that.

We all have to make ethical choices like that every day. Will you shoot for some less-than-honorable company like, say, Halliburton? If you don’t do it someone will, so why shouldn’t you get the money? My answer to that is that you can’t control what others do with their businesses, only what you choose to do with your own. Sometimes doing the “right” thing (whatever you decide for yourself is “right”) may mean making less money (in the short term) but the payoff of knowing in your heart you did is worth it.

Many of you fine readers have expressed an interest in seeing me in person–both in individual consultations and giving presentations to creative groups. Well, if you’re that interested, why not let your local creative professional group know, and send them my contact info. Right now I am trying to set up my 2007 “tour” so it’s the perfect time to have your group contact me about speaking in your ‘burg.

(Hey, no fair complaining about this post being promotional! The title warned you!)

I love giving presentations–it gives me the chance to help smaller groups of people and to get specific on topics important to each group. The Q&A session is always lively and informative and I’m happy to report that I get loads of “thank you” emails whenever I present. Also, when I speak in a city, I book time for individual meetings. It’s such a pleasure to see my clients in person (a relatively rare thing in this business) and a lot of information can get exchanged in these brief (hour or two) encounters. I’m still in touch with several people whom I met at these events, and work with more than a few of them to this day.

So, if you’re interested in having me come to you, now is the time to get involved. And stay tuned to this blog for dates as they get booked!

(We now return you to the less promotional portion of this blog…)

I took my car in for regular maintenance this morning. I use a privately-owned small business mechanic who specializes in my kind of car. The mechanic called me later and said that something had been chewing on a couple of my hoses (this happens out here) and that I should replace them. When he told me the cost I said, “It costs what it costs.” He sounded stunned and still apologized for the cost (which, by the way, was not really that much). I had to tell him twice to just go ahead and fix it.

While he didn’t handle it the best way he could have, his actions serve us as a good model. When a client says “why does it cost so much” the worst thing you can do is apologize for your prices. For production charges it’s fine to say “the props cost what they cost” but when it comes to your fees you should make sure to show confidence. Saying something like “I set my creative fees based on many factors and the usage fee is based on the value of the image in its intended placement,” is true (or should be!) and is, in a fancy and confident way, saying “it costs what it costs.”

If the client can’t afford your fees then you can work with him/her to reduce the usage or get some other value instead of dollars, but whatever you do, do not say “I’m sorry it’s so expensive” and then lower your price.

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I’ve written about fear in one of my Manuals, but there is something about fear and business that I may not have been clear about: we all have it. Every single businessperson has fear–successful people do, just as less successful ones do. The difference is in how one deals with the fear.

If you are afraid and own up to it, face it, and challenge the fear, you are more likely to be successful. Some call that “courage,” and if that word works for you, then use it. What it is, whatever you call it, is taking risks and being open to living with the results.

We do that every day. Every day we take a risk driving (accidents), playing a sport (hurting yourself) or even just eating (food poisoning). There’s a risk in taking a shower (you could slip) or taking some medication (side effects) and there are big risks in falling in love (a broken heart). And yet we do these things regularly. Why? Because the payoffs are worth it and we know that we can live with the results (even if they are painful).
Can you imagine never being in love? Sure, you’d never run the risk of getting hurt. You could protect your heart and rationalize it by saying that over 50% of relationships break up, etc. That sounds reasonable. But, you’d never know the joy of an intimate relationship or passion or the sublime absolute trust that someone is totally there for you even in your lowest moment.

So it is in business. You can play it safe, not take risks, and be like most everyone else who is trying to do the same thing, or you can try something new and risky, but which might pay off in a big way.

Did you become a creative to do what others have already done, or did you do it because you see things differently and/or you want to express something more in your work?

Take the risk–be your whole self and show your true vision. Be passionate. Put yourself out there. Yes, you may fall on your face, but you’ll be truly alive in the process and, more importantly, you can only be great if you try.