November, 2003
By Mark Loundy
Lately I've been hearing a few people complain about negotiating lowball offers or educating clients about why Work For Hire contracts are a bad thing. Some of them are starting to sound like Cubs fans without the characteristic, "Wait until next year." In short, they're giving up. They're thinking like losers.
We lost because we told ourselves we lost.
— Count Leo Tolstoy, 1828-1910, Russian Novelist, Philosopher
If you approach a client, hat-in-hand, acting like an indentured servant, you will never win a single negotiation. However, if you treat clients as fellow businesspeople — as equals — they will respect you and will not perceive you as a pushover.
Never change a winning game; always change a losing one.
— Bill Tilden, 1893-1953, American Tennis Player
Day rates are dropping and rights grabs are increasing. Saying yes to them has certainly not been improving things. And the alternative to "yes" is?
The quickest way of ending a war is to lose it.
— George Orwell, 1903-1950, British Author, "Animal Farm"
Attitude does count - especially to you. If you start feeling beaten down it'll show in your behavior and in your business decisions. Recharge your batteries by attending workshops or even by getting on the phone with a respected colleague. Plus, both activities are deductible business expenses.
On October 30th, New York attorney Ed Greenberg and a panel of editorial photography experts talked about "The War On Photographers" and tips on how to aggressively protect your interests when everyone else is actively trying to exploit your work.
Attorney Greenberg has previously talked about a meeting in which publishing managers and their attorneys scoffed at photographers' ability to defend their interests and flatly stated that they are easy pickings for the industry. You can find the transcript on the EP site. It's scary reading.