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Portions of this column were originally written for the June 2004 edition of News Photographer Magazine.
Mark Loundy is a media producer and consultant based in San Jose, California. Full bio.
The opinions in this article are those of the author alone and do not necessarily represent the official views of the National Press Photographers Association.
By Mark Loundy
Good plans shape good decisions. That's why good planning helps to make elusive dreams come true
— Lester R. Bittel, The Nine Master Keys of Management
"The Good, The Bad & The Ugly" is where I illuminate contract demands with the harsh light of ink-on-newsprint and photons-on-screen. The feature is about education. It explains, at the most basic level, what contract clauses are good and which are not. But the basic lesson is that independent photographers should not be working with client contracts to begin with. Each of us should have our own basic contracts ready to present to clients. The only way to adhere to your own business plan is to follow a carefully thought-out set of policies.
Business Policy Goals
Be profitable at the level to maintain your standard of living
Be profitable at the level you need to meet your long-term goals
Protect your business (and yourself) legally
Clearly define your responsibilities and the client's before the job
Clearly define what usage rights are being licensed
Create a businesslike impression that will bring clients back
There are others, of course, but these are among the most important. Client-generated contracts are not written to support your interests. That's why you need to work with your own. If the client won't negotiate, then that client is not good for your business or for your career. After all, what kind of career can you have if you're constantly bankrupted?
I was hoping to list the New York Times here. No such luck.
Saveur Magazine (World Publications) for its Web-rights grab and 25% syndication cut for the photographer. Be careful with this client about expenses. They have been known to be extremely stingy in this area. There's more, but space doesn't permit.
The University of Maryland Athletics Department for on of the worst photo contracts I've ever seen. This one was almost certainly adapted from a construction contract. It requires the photographer to carry several million dollars in various types of insurance. This one is a virtual textbook on what not to accept in a contract.
Esquire for its "Celebrity Photo Project." This otherwise superb magazine is soliciting readers to send in, "moments you've captured with your own camera," showing celebrities in ordinary places. If selected for publication, "you will be credited." As of deadline, Esquire had not replied to my inquiry about cash payment.
Please let me know of any particularly good, bad or ugly dealings that you have had with clients recently. I will use the client's name, but I won't use your name if you don't want me to. Anonymous submissions will not be considered. Please include contact information for yourself and for the client.
Photo District News is doing a survey of photographers for their September issue to rate various magazines as clients. You can check it out at http://pdngallery.com/survey/.
If you're reading this before July 10th, the National Press Photographer's Board is voting on some very important topics. I have written three resolutions that, if passed, will make the economic survival of our profession the NPPA's primary mission. If you agree that a restructured NPPA is critical to the survival of our profession, go to www.loundy.org/nppa/ and click on the "What can I do to make this happen?" link.
Sports Illustrated contributor David Bergman pointed out to me that not too many stadiums offer free food to photographers any more. My apologies for erring in a reference to "free hot dogs" in last month's column. The last baseball game I shot ended when rookie sensation Ty Cobb homered in the bottom of the ninth.