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Seven things to agree on before taking a commission

© Neil Turner, October 2014. Production of John Foster's Shot At Dawn in the Council Chamber at Bournemouth Town Hall.

© Neil Turner, October 2014. Production of John Foster’s Shot At Dawn in the Council Chamber at Bournemouth Town Hall.

Quite a lot the posts that I’ve uploaded to this blog in the last few months have been related to the business side of photography. For those who want more of the old dg28 – your time is coming soon. In the meantime I wanted to post my thoughts on what you should agree with your client before undertaking a commission. This is taken directly from my own outline terms and conditions which are posted on my website. I have absolutely no objection to any photographer copying and/or adapting these seven points for use in their own terms and conditions because, in my opinion, the more of us who do this the more likely it is that potential clients will be used to the concepts and it will require less pushing to get them to negotiate.

Terms and Conditions of supply – commissioned photography

INTRODUCTION – The following seven sections represent the basis under which I undertake photographic assignments and commissions for commercial, public relations and editorial photography. They are intended as a background document to which specific or varied terms can be added or amended.

There are, of course, many pieces of legislation that will have an effect on how my relationship with clients works, not the least of which is the Copyright, Designs and Patents Act 1988.

I really don’t want to scare clients and so I have worded them as simply as I can and I’m always happy to discuss and explain how my terms and conditions apply to you.

  • COPYRIGHT – Unless agreed in advance and in writing I do not assign copyright to any clients or third parties. Please be aware that buying the copyright is far more expensive than buying an extensive and wide-ranging license.
  • LICENSES GRANTED – As a client, you would be granted a license to reproduce and/or distribute the photographs. All licenses have geographical, time, media and usage restrictions. My policy is to negotiate a license that meets your needs and represents the best value for money for you and/or your client. Use of the photographs outside the terms of the license granted would be a breach of copyright.
  • LICENSE EXTENSION OPTIONS – If, having agreed a set of license conditions you subsequently realise that you need wider use of the photographs I am always happy to negotiate a license extension. Whilst the cost of buying extensions will be greater than that of buying the right license in the first place, you will find that my rates are very competitive.
  • DELIVERY METHOD AND DEADLINES – As part of the commission we will agree how, when and where the photographs will be delivered. Options include web galleries, CDs and DVDs, FTP, email and on USB flash drives. Photographs will be supplied in the agreed format within the agreed deadline. Copies of all files will be retained in line with industry best practice and any subsequent re-issue of any or all of the image files will be subject to a charge equal to the actual cost of producing and delivering them plus a 20% service charge.
  • INVOICING AND PAYMENT – Fees and costs will be negotiated and agreed before the commission takes place. Should the details of the commission change then alterations to the costs will be agreed as soon as possible. New clients will be asked for a purchase order or a letter confirming the commission, agreed fees and costs as well as acceptance of my terms and conditions in advance. Once the commission has been completed I will send an invoice to you with payment terms and methods outlined. The grant of license will only come into force once payment has been made in full. VAT will be charged where the law requires. If the client postpones or cancels the commission within 72 hours of the start time I reserve the right to charge 50% of the agreed fees. Cancellations or postponements within 24 hours of the start time may be charged at 100% of the agreed fees.
  • THE LIMIT OF MY LIABILITY – As a professional photographer I take great care and pride in my work and in my relationship with clients and the subjects of my photography. I cannot, however, accept liability for unexpected events including: poor weather, industrial disputes, sickness or injury, equipment malfunction, model release disputes, property release disputes and other actions or accidents that are outside my control and that cannot be reasonably predicted. Please note that any mains powered equipment that I use will be PAT tested, that I carry £5 million of Public Liabilities insurance and that my photographic equipment is regularly tested and serviced. Should you require any specialist insurance to be taken out for your project, the cost will be included in the fees. Back up copies of your images will be stored using reliable methods but I cannot accept liability for systems failures.
  • DISPUTE RESOLUTION – If, for any reason, you have any queries about the service that I have provided I will be happy to discuss your concerns. Photography is a creative activity and I accept commissions on the basis that you are buying my skills and that you trust me to apply those skills in accordance with our discussions and verbal agreements. Written confirmation of commissions should always include any “must-have” picture requirements and, where technically and creatively possible, I will fulfill your requests. If I consider any of your requirements to be unfeasible or if any of them become so during the shoot itself I will point them out at the first possible opportunity and offer solutions.

None of this rocket science and none of it would be form a great contract in isolation but we have seven things to think about and a rock solid basis upon which to build a working relationship with a new client.

How many hours in a day?

freelance_definition
Is there anybody out there who would argue against a ‘working day’ being eight hours? Maybe eight hours spread over a nine hour period with an hour for breaks? However you think about it and whatever your opinion actually engaging in work of some sort for eight hours is a good starting point to talk about ‘a day’s work’.

Like a lot of photographers I tend to base my charges based on full or half days combined with the end use of the pictures. A half day with a fully loaded PR license costs more than a whole day for a single use in a newspaper. Half a day that makes it impossible to do any work through the rest of the day isn’t a proper half day and should be charged at a higher rate. It isn’t always easy to explain to inexperienced potential clients but, compared to other charging methods, it is as easy as I can make it.

I mentioned the eight hours because I have had some trouble explaining to a potential client why I won’t be at their premises for eight hours shooting pictures. I have tried to put it simply and the best that I can come up with is the ‘reverse-engineer’ a day. In my opinion you need to set aside a minimum of two hours to edit and process the pictures. It’s often more but rarely less from a whole day’s shooting – a whole six hour day that is. When I say a six hour shooting day what I actually mean is six hours devoted to shooting and travelling combined. Three hours in the car cuts that day down to three hours shooting whereas one hour in the car leaves a healthy five hours.

Freelancers have to charge for their time. That’s a fact of life. The potential client who couldn’t get his head around that worried me because how else does he think we can make a living? He actually wanted me to only charge for the time spent on site. Travel time and processing time was, apparently, not ‘actual time’. His argument was that he didn’t start his clock until he got to his desk so why should I. It was a frustrating conversation that could only end one way; we decided that I wasn’t the right photographer for his project! I guess that I could have taken my normal day rate, doubled it and then told him that was the fee for the time spent on site – a sort of win/win I guess. I didn’t so I won’t be doing anything there any time soon.

So I lost some possible work. That’s almost always a shame and when things like this happen I try my best to make sure that if I get into a similar position again I can explain myself even more clearly and avoid any and all conflict. There are a few rules that I do:

  • Charge for travel time
  • Keep time from a job to do the production
  • Try to be as flexible as I can without stitching myself up
  • Get new clients to put everything in an email
  • Give occasional discounts and not lower rates
  • Publish my own terms & conditions online and work according to them

Things occasionally fail to work out. Fact of life, fact of being freelance.

 

Testing a Think Tank laptop shade

The Think Tank Pixel Sunscreen V2. Hillcrest Road

© Neil Turner, August 2015. The Think Tank Pixel Sunscreen V2 folded up.

I seem to be spending more and more time editing photographs in strange places. Last weekend it was in a tent on The Mall – right by Buckingham Palace. The weather forecast predicted  bright sunshine so I decided that I needed to replace my very old plastic laptop sun shade with something a bit more ‘state-of-the-art’. Looking around it quickly became clear that the Think Tank Pixel Sunscreen V2 was the most likely to fulfil my needs so I went down to Fixation to buy one. Before I parted with my money I made sure that I could fold the thing away and the handy instructions printed on it made it very easy to do. Basically, if you can fold a Lastolite or a small tent, this is a doddle.

There followed two very long days editing with a team of great photographers covering the Prudential RideLondon events in a white tent which was, for the most part, in direct sunshine. My 13″ MacBook Pro disappeared into the sunscreen pretty early on in the mornings and didn’t come out again until well into the evenings. That made for a very full-on test and having laid my own money down the previous day I hoped that I’d made the right decision.

© Neil Turner, August 2015. The Think Tank Pixel Sunscreen V2 opened up

© Neil Turner, August 2015. The Think Tank Pixel Sunscreen V2 opened up

When you see the unit opened up (and it opens very easily) it appears to be rather tall and the shape doesn’t look like any other sun shade that I have ever seen for a laptop. Sitting working with it for only a few minutes you realise that the height and depth of the hood makes sense and working with it was nowhere near as awkward as my previous hoods. No need to stoop or bend and my spine was in a lot less danger than it would otherwise have been. It isn’t as comfortable as using the laptop without the hood but it appeared very quickly to be a great compromise.

Typing captions and other text based activities were fine. I had a very dark shirt on and so barely saw my own reflection in the screen. When it came to preparing images I was forced most of the time to use the lightweight black cape that comes with the sunscreen and attaches with velcro tabs and actually get inside. The three pictures below are an attempt to show what using the screen actually means. As long as there’s no direct sunshine hitting the laptop screen you can happily work away. The centre picture shows how bright the sun was when took these pictures to illustrate how effective the Sunscreen is and the third picture shows how clearly and easily you can see the screen when you are ‘inside’ the caped unit.

Being inside the screen with the black cape draped over you can get a little stuffy and even a bit warm but you really can see the screen properly – even if you are facing into the direct summer sun.

So far I’ve mentioned lots of good things about this Think Tank product and over the two days I was using it I didn’t find too many faults but, in the interests of the V3 being even better, I thought that I’d share two niggles and suggest a couple of small design changes.

The biggest flaw by far is the velcro hatch on the lower rear left hand side (as you are looking into it). There’s no way that the Apple MagSafe 2 power supply will stay plugged into the laptop when it is fed through the slot unless you use something about 2-3cm thick to stand the laptop on inside the shade. Most of the time that you are editing outside I would say that battery power is fine but for this event I had to plug-in.

I found two strips of wood that my MacBook Pro sat happily on and all was fine. The way that the (very well made) seam of the shade is positioned in relation to the slot means that the slightest movement will disconnect the power supply because it cannot sit straight unless you raise the laptop. Somehow they need to create a slot that is less well engineered that overcomes this small issue because I don’t want to carry two strips of timber around with me. Whilst they are at it, it would make way more sense to have the velcro slot open from the bottom and not the top so that less light (which tends to come from the top rather than the bottom) or even go so far as to have a simple slit that you stick things through that gently holds the cable rather than this heavily constructed back door.

My other minor niggle is the size and placement of the branding on it. Almost a third of the right hand side is made up of a massive Think Tank logo. More than one other laptop user on our team suggested that they would prefer not to be advertising a product if they’d paid for it in such an over-the-top way. I came to agree with them once a few people had suggested that I must be sponsored by Think Tank.

Back on the positive side there are lots of small pockets inside the hood and I found these useful places to stick memory cards that needed to be given back to people as well as to hold my Netgear Mifi unit which was there as a back up should the provided internet service have failed for any reason. The pockets don’t keep gear safe but it does keep it away from being out of sight when you are closeted away inside the editing bubble.

Thinking that I would review the Sunscreen I tried a colleague’s 15″ MacBook Pro inside and, whilst it was a very snug fit, it passed the test. The MagSafe issue was probably worse with the larger screen – something that I’d need longer to confirm.

After two days of very concentrated use I decided that this is a very good piece of kit. It is well worth the money and I predict that it will last for a few years too.

07 August 2015. Bournemouth, Dorset. The Think Tank Pixel Sunscreen V2. Hillcrest Road

Tonality – the black & white conversion app

Screen grab from Tonality 1.1.1

Screen grab from Tonality 1.1.1

I was intrigued by a recommendation that I read from a colleague for Tonality. I rarely go outside Adobe Camera RAW these days, even for black and white conversions, but I was tempted to have a go at something new and so I went to the Apple App Store and bought it. After a few attempts at fiddling with it I dismissed it as a very interesting application that I would master one day when I had the time. A few days ago I was asked by a client to convert a lot of images supplied to them as colour Jpegs into mono Jpegs with a slight tone over them. In the past I would have gone straight back to the RAW files and started again but I had the idea of giving Tonality a go.

Like so many of the corporate jobs I shoot, the client would rather I didn’t show they images on my personal blog and so I grabbed some other interesting pictures from my ongoing personal work and applied the same sort of presets to them. It had taken me less than five minutes to become familiar with the sliders and controls and probably another five minutes to create the ideal and very subtle split toning effect that the client had been asking for. The two versions of a photograph taken on the beach at Bournemouth that you see below were a quick test for this blog post. The colour image is a Jpeg converted from a Fujifilm X20 RAW file in Adobe Camera RAW and the black and white version underneath was converted into black and white using the “adaptive exposure” auto setting in Tonality from that Jpeg.

©Neil Turner, September 2014. Bournemouth.

©Neil Turner, September 2014. Bournemouth.

©Neil Turner, September 2014. Bournemouth.

©Neil Turner, September 2014. Bournemouth.

 

I don’t know what you think but I am really impressed by the job that the auto has done and, whilst I could fiddle and get it even better, I am more than happy with it. I can hear you saying that this is also easy to do in Photoshop (and quite a few other apps and plug-ins) but the point is that it was done in Tonality and it was really easy. The application is capable of a lot of good stuff as well as a lot more completely over the top special effects that I wouldn’t touch with a barge pole.

When I get more time, I’m going to get right under the skin of this application. Until then, it will be used on my personal project work. If a client asks for toned mono images again, I will definitely look as using Tonality for that too.

The UK price is £13.99 – which is a little bit dearer than most Apps that I would buy just to have a play. It’s a very simple app that achieves its goals.

Out Walking

Ever since I started using the EyeEm photo sharing site I have been trying to shoot more pictures “just for the fun of it”. The platform allows you to add your pictures to albums and one of my favourites is entitled “Out Walking”. I often shoot with my Fujifilm X20 with and Eye-Fi card in it, convert the RAW fils to Jpeg using the neat film simulation modes before uploading them to my iPhone and going through the process I described in my Eye-Fi Workflow post a week or so ago. I also vowed a while ago to get better at black and white. I’m not sure that’s going quite so well but I often combine the two. It’s great fun and even mildly addictive!

Anyway, for no other reason that I want to share them, here are some of the images.

© Neil Turner, January 2014. Man holding sign offering tattoos an tattoo removal touts for business on the pavement just outside one of main areas of Camden Market

© Neil Turner, January 2014. Man holding sign offering tattoos an tattoo removal touts for business on the pavement just outside one of main areas of Camden Market

© Neil Turner January 2014. Cold and bored stall-holder selling keep calm t-shirts at Camden Market.

© Neil Turner January 2014. Cold and bored stall-holder selling keep calm t-shirts at Camden Market.

© Neil Turner, January 2014. Bored shop keeper outside his open hat shop just outside one of main areas of Camden Market

© Neil Turner, January 2014. Bored shop keeper outside his open hat shop just outside one of main areas of Camden Market

Eye-Fi card workflow

eye-fi_cards When I was rounding up 2013 I mentioned that I had a lot of success using an Eye-Fi card to wirelessly transmit pictures from my cameras (Canon EOS5D MkIII and Fujifilm X20) to either my iPhone, iPad or laptop where I can do a quick edit and caption before sending them to clients. Inevitably I got a couple of emails using the “ask me anything” feature of this blog asking me to describe my workflow. It is similar between an EOS5D MkIII and the Fujifilm X20 except that the former has twin card slots (one CF compact flash and one SD secure digital) whereas the latter only has the SD slot. I like to shoot RAW which means that in the X20 I have to do an in-camera RAW conversion to create a Jpeg to send out. I have two cards (shown left) – an Eye-Fi branded 8Gb Pro X2 and a Sandisk branded 4Gb one. In practice, they both do much the same job but the orange Eye-Fi one has more options should you want to work differently. Without further ado, here is how it all works on the Canon…

Getting the the settings on the card, your camera and your phone/tablet/computer right is the key to getting everything working well:

  1. Setting up the Eye-Fi card. When you get the card it should come with an SD card reader and by far the best way to set things up is to use that reader to load the card into a computer. There are lots of options that will appear once you have loaded the supplied “Eye-Fi Centre” application. This workflow is all about working in what the manufacturer calls “direct mode”. I choose to only transfer the files I want to my iPhone and so on the card I have selected “Selective Transfer” via the Eye-Fi Centre application. This means that only images that I have protected in the camera menu get transferred. On the Canon I have assigned the “rate” button to protect images for speed. It is also useful to add a couple of wifi networks and to define which file formats to transfer using the application whilst the card is in the computer because it isn’t possible to alter some settings once the card is in the camera. This whole process takes a few minutes and if you get it right, the whole thing test a lot easier from here on in.eye-fi_screenshot
  2. Setting up the camera. In the EOS5D MkIII menu there are three things that I’d recommend you do. The first is to assign the “rate” button to protect selected images. The second is to get the camera to write RAW files to the CF card and medium size Jpegs to the SD (Eye-Fi) card. Finally, you need to enable Eye-Fi transfer from the camera menu. This way you can use the review function with card 2 (the SD slot) and then every time you protect an image written to the Eye-Fi card it will automatically look to transfer that file to the device you have nominated.
    eos_screens
  3. The receiving device. I use an iPhone and an iPad and the whole process is eventually controlled by the free app that Eye-Fi make available through the Apple App Store. There are equally useful apps available for Android powered devices and the functionality is pretty much identical. Apart from loading the app the only other thing you have to do is to download and authorise a small change to your wifi settings on your phone which simply installs the settings for the direct mode to work. Once you launch the app you get an opening window which then gives way to the gallery window which in turn tells you what is happening about transfers. Below you can see the card paring screen and the gallery screen.eye_fi_phone
  4. Editing your pictures. Once you have the image on your phone or tablet you can then use the apps of your choice to edit and caption your image before shifting them on. My personal favourite is Photogene4 which has some good image options such as clarity, contrast, saturation, straighten, crop, sharpen and the ability to add IPTC captions – including defaults such as the EXIF time day and date as well as any pre-loaded captions and copyright information. I find that it’s a good idea to write some generic captions using Apple’s Notes app and then copy and paste them into Photogene4. The app also has the option to upload to a wide range of sharing sites as well as to email and ransomer images to FTP servers – making it really useful for work.photogene
    From shooting a frame to having it uploaded to my own FTP server normally takes twenty to thirty seconds if there is a good phone signal and the various uses that I’ve found for this rapid upload range from offering images to people I’ve photographed to providing almost instant pictures for corporate clients to use for their Facebook, Instagram and Twitter feeds at events. This is a very versatile piece of kit and I haven’t even come close to describing everything that it can do. I like the way that this workflow actually does flow and I love the effect that it has had on a couple of clients who really appreciate what it offers them. My first Eye-Fi card was £24.99 including VAT – possibly the best investment that I’ve ever made!