wisdom

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?

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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.

 

Manfrotto umbrella bracket challenge

Photo: Neil Turner

The old Lite-tite on the left and the Snap Tilthead on the right both with Canon 600EX II-RT Speedlites.

When, like me, you have been using a single product successfully for over twenty years it is normally out of a mixture of boredom and curiosity that you have to try out the next “new idea” when you see it. That happened to me a few weeks ago. Having owned and used several of the venerable Manfrotto 029 Lite-tite brackets for so many years I thought that I’d give their new Snap Tilthead with hotshoe a go. For my purposes they will do pretty much the same job: hold a Canon Speedlite flash on a stand with a folding umbrella on those jobs where using other lights isn’t so much of an option. I know that there are dozens of other brands out there but I’m a sucker for certain makes – ones that have served me very well for such a long time.

The more that I have used the new bracket, the more that I have realised that it is very different. Before you take it out of the box you realise that there’s no lever sticking out, no large plastic knob to tighten it onto the stand and that it has a coldshoe built-in. They both have a hole through them to slot an umbrella or other light modifier. In order to compare the two I’m going to start with that built-in shoe.

One of the major gripes with the old Lite-tite is that you had to but a separate shoe that attached using the brass post that was supplied. When I bought my first one I was using Metz flashes which didn’t attach with a shoe and therefore it was fine. From there I moved to using them with Lumedyne flash heads which, again, didn’t attach via a shoe. It was only when I started to work with speedlights that I really noticed. The idea of a shoe attaching via a brass thread and relying on being tightened to stop it spinning has annoyed me for years and the built-in shoe that doesn’t spin on the new bracket appeals to me – and so far, so good. It is easy to use and very secure so that’s a thumbs-up. The metal-to-metal contact is less exciting but it hasn’t caused any issues… yet. A point to the new bracket.

Moving down there is the umbrella slot. On the old bracket this is angled so that the flash points more accurately into the centre of the umbrella (if you attach everything the right way around). On the new one it appears to be straight which means that it never helps with the angling of the flash and so you need to use the dip on the speedlight (if it has one) to better target the light into the modifier. Of course this means that you can’t get it wrong but, for me, this is a point to the original.

Altering the tilt has always been a question of loosening the substantial handle and making sure that the whole thing doesn’t tip (easily done with a big flash and a big umbrella). The build quality of the Lite-tite has meant that they have lasted for a long time – even if you tighten the handle a lot. There is a small round knob on the new one and there is some sort of tensioning mechanism that stops the whole thing tipping. It doesn’t feel as if you could over-tighten this one and the only issue that I have is that it may not have the longevity of its older sibling. A tentative point to the newcomer.

The next point is where it attaches to the stand. There is a simple metal clip that tightens down onto the top of the stand on the new one which initially feels like a big improvement over the substantial threaded knob on the old one. That knob could always be loosened and used as a twist for the light which isn’t really that easy to do with the new one so, once again, you have to play off a bit of functionality against slimline design. The point here just goes to the added functionality of the older model.

Two points each so far. The slimline design of the newer model is very welcome but Manfrotto have, yet again, added a pointless large red logo onto one of their products to annoy me. The victory by the tiniest of margins goes to the new bracket because there’s no way that the flash can twist, because the mechanism that stops it tipping so easily is a welcome plus and because it is smaller and slimmer. That having been said the old one is tougher, better built and far more versatile if you use accessories that don’t use a shoe. I’ve got both now so let’s see if my opinion changes after the now obligatory 32 months.

Photo: Neil Turner

Not a bad Christmas present…

Editing, editing and more editing

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The day that the taxi dumped us in the wrong place and we had a yomp across the Rio Olympic Park to the Main Press Centre. ©Neil Turner, September 2016

By the time I leave here tomorrow I will have been in Rio de Janeiro for three weeks. In that time I have managed to take less than a dozen photographs – none of which are of any note whatsoever. I’ve been here as part of the OIS Photos team as one of two editors with my colleague Julia Vynokurova grabbing RAW files from a seemingly endless stream of FTP transfers from the four amazing sports specialists that have been here shooting the Paralympic Games for the Olympic Information Service.

Editing and captioning other people’s work is something that I do from time-to-time and it is a whole different skill set from shooting and editing your own pictures. It may sound obvious but I wasn’t there when the pictures were taken and so I have to judge them against criteria set down by the client and by each individual photographer on the team. They only send the pictures that they judge to be their best from the LCD on the back of the camera and so the editor has to assume that the photographer likes the picture. Some only send the cream whilst others send a wider selection to be narrowed down at the edit stage and you get to learn really quickly which camp each of them falls into.

Some photographers add voice captions to their pictures whilst others include frames of scoreboards, close up of competitor’s numbers – basically they need to do as much as they can to help the editors identify people, places and events so that captions can be as full and accurate as possible. It all happens really quickly and turning the photographs around looking their best consistently takes skill.

The photographers that we have been working with here are shooting with different cameras too: Bob Martin and Thomas Lovelock were using Nikon D5 bodies whilst Simon Bruty and Al Tielemans were using Canon EOS1Dx MkIIs. That means subtle but important differences with the file handling – although I don’t think that there has ever been so little difference between the way the two major manufacturers top-of-the-range DSLR’s RAW files have rendered.

The picture preparation, even with the truly challenging light that we have had both indoor and outdoors here, is in many ways the easier bit. Getting the captions right takes time – especially if there’s no voice caption and no obvious clue who is in the picture. We have had to turn detective more than once eliminating people from the list of who it could be. The schedules and results system provided by the Rio Media service has been great along with a bit of selective Googling have combined to get the captions done.

Then there’s distribution. Getting our entire edit onto the www.oisphotos.com website (Photoshelter has proved to be really valuable again) quickly with a selection out to seven different wire agencies even more quickly has meant some long hours and intensive work. It has been worthwhile. We have got quality Paralympic images out there being used in printed and online media all over the world day after day. Athletes and their families have Facebooked and Tweeted us and Paralympic associations, federations and national committees have used our pictures right across social media as well as on their websites.

The pictures are there for everyone to see on the OIS Photos website and any and all editorial use is free. Have a look at the site – I’m going to do just that when I get five minutes too.

Photography compared to…

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BOURNEMOUTH, DORSET. 08 April 2016. A fairground on Redhill Common. © Photo Neil Turner – Freelance photographer.

When you try to explain concepts in photography to someone who isn’t deeply embedded in the art/craft/science/passion it makes sense to find something else top compare it to. My favourite comparisons are driving, cooking and sport.

Driving is something most of us do and, on the whole, we do it without having to think too much about the basics. I’ve talked about it before so I’ll quickly recap my thoughts:

Changing gear, using the indicators, knowing when to use windscreen wipers and headlights are all pretty much done on auto-pilot whilst we think more consciously about road awareness, speeds, traffic, navigation and much else besides. The comparison to photography is an easy one to make because there are basic controls that we like to think are second nature; exposure, focusing, making sure we have memory cards and batteries whilst composition and anticipating things happening in front of your camera (and often off to the side and behind you) are things that require more conscious thought.

Tempting though it is to continue stretching the analogy I want to move onto cooking. All pictures have some basic ingredients and the skill of photography is to take those basics, add some interesting extras and know how to combine them and serve them up. That’s the schmultzy bit out of the way. Great chefs (and I’ve photographed a few and dined in the restaurants of several) are constantly looking for new twists and the odd exotic ingredient whilst making food that serves the joint purpose of feeding and engaging diners. Mediocre chefs overdo it, use too many trendy techniques and ingredients at the same time and generally fail in the main task of presenting good food where substance and style are in balance. The rest of us when cooking do the same old dishes, warm up too many ready meals and generally avoid any pretence of culinary ambition or expertise.

I’m pretty sure that I don’t even need to draw the comparisons between cooking and photography except to say that I’d almost rather have the gourmet food and the home cooked stuff all of the time and miss out the self-regarding nonsense in the middle. Restaurant critics and food writers have a lot in common with people who write pretentious twaddle about photography. This is one analogy that can go on for a long time.

So what about sport? I am sitting and writing this on the day of the opening ceremony for the 2016 Rio Olympics thinking of my many friends and colleagues who are already there working as photographers, editors and photo managers. They will be watching/photographing/witnessing some of the finest athletes in the word today. Athletes that have spent years perfecting their skills and getting themselves into peak condition being photographed by many of the finest photographers who have also spent years getting to where they are today.

Comparing photography to sports isn’t so much about finding similarities – it’s more about the differences. When you run 400 metres as a professional nothing much changes. Tracks are tracks and running shoes develop little by little. I know that diet, training and off-track activities change but, essentially, the principal task remains the same because running one lap of a track as fast as possible is what it is; tremendously tough but always the same. Photographing that event is a constantly changing thing. From black and white to colour, from manual focus to auto-focus and now we have to shift the pictures extremely rapidly too. Technology means that day-to-day, week-to-week and year-to-year shooting the same kind of job changes. An athlete remains at the top of their game for a relatively short time whilst the best photographers are around for decades. A swimmer attending their third or fourth Olympics is news whereas a photographer doing that would be just getting started!

Comparing apples with bananas has value when trying to explain the wider art and craft of photography to someone whose experience has been the odd compact camera and their smartphone. Right now I need to go and explain why it takes at least three hours to do the post-production on a six hour shoot and why I can’t just give the client some rough Jpegs. Anyone got a compelling analogy for that?

Canon feature request?

I had an email from someone who has followed my blogs for many years this week. He’s a working news photographer who I bumped into on a job a few weeks ago. He had noticed some tape on the top of my Canon EOS5D MkIII and my EOS 7D MkII and simply pointed to his cameras and said “snap”. He had tape on his cameras too – doing precisely the same job that the tape on mine does and went on to ask what the chances of Canon making a change to future cameras that would eliminate the need for us to tape that particular feature on our cameras. The email was to remind me that I had promised to do a quick blog post about the issue.

Taped diopter adjustment on a Canon EOS 5d MkIII

Taped diopter adjustment on a Canon EOS 5d MkIII

The tape on our cameras holds the built-in diopter adjustment dial and stops it from being moved in the bag or over your shoulder – something that happens to me a lot if I remove the tape. I have no idea if anyone from Canon’s design department reads this blog (I doubt that they do) but it seems to me that if enough of us sufferers from this problem mention it to them when we talk to them then they just might do something about it. Nikon have a lock on the diopter adjustment on some of their professional cameras so it has to be relatively easy to do.

The EOS5D MkIV will be appearing later this year if all of the rumours are to be believed so this may be a little late but you have to give these things a try.

Canon employees and dealers reading this… please help to reduce my gaffer tape bill. Soon. Please.