Working Pro 215 by Pt 78 Pty Ltd

Working Pro The

Issue 215 â&#x20AC;˘ September 2013

C E L E B R AT I N G 50 YEARS

P © Joshua Halko

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In 2013 the AIPP celebrates 50 years 50 years as the membership organisation of choice for professional photographers. The world we live in has changed drastically during the last 50 years. Photography has changed radically in the last 50 years and the AIPP has adapted to keep up with these changes. Throughout the last 50 years, the AIPP has always represented the best interests of its members and the professional photography community.

Why not make 2013 the year you join the AIPP? Together we can be stronger...

As an added incentive, to help us celebrate 50 years, if you join the AIPP in 2013 either as an Accredited Professional Photographer, or an Emerging member, we will give you a $50 voucher which you can use to reduce the cost of attending any AIPP event, seminar, workshop or awards entry fee. © Robyn Hills

www.aipp.com.au © Caroline Bowen

Working Pro The

Cover: G o l d A wa r d • 92

Sue Bryce M. Photog. 2012 Canon AIPP Australian Professional Photography Awards

The Working Pro is the official newsletter of The Australian Institute of Professional Photography (AIPP). Editor Peter Eastway G.M Photog., Hon. FAIPP, Hon. FNZIPP, FAIPP Disclaimer The information provided in The Working Pro and associated publications is made in good faith, but is general in nature. Neither the editor, the publisher or the AIPP accept responsibility for or will be under any liability for any recommendations, representations or information provided herein. The Working Pro presents information, opinions and suggestions for subscribers to evaluate in coming to their own decisions in the light of their own individual circumstances. The information should not be relied upon without readers first obtaining independent advice from their own financial and legal advisers. Unless otherwise noted, all articles are written by Peter Eastway. Publication The newsletter is published 10 times a year – monthly with November/ December and January/February being combined. The Working Pro newsletter is published by Pt 78 Pty Ltd, ABN 75 003 152 136, PO Box 351, Collaroy Beach, NSW 2097, Australia. Phone: (02) 9971 6857; Fax (02) 9971 6641. E-mail eastway@betterphotography.com

AIPP Membership Contacts Suite 5, 205a Middleborough Road, Box Hill South, Victoria 3128 Phone: 03 9856 0700; Fax: 03 9899 6577 E-mail: enquiries99@aipp.com.au

Co n te n t s #215

S ep tem ber

President’s Message

Business First

2 0 1 3

Kylie Lyons discusses working with children and asks the members how far they want to take the Accreditation process for membership? Do you know how much it costs to open your studio doors each week? Peter Eastway introduces our online business article for the month.

Salespeople 1st, Photographers 2nd

Are You Visible?

Business Networking

Show Your Personality

Editor’s Selection - APPA Winners

Photo Critique

Do You Need To Register For GST?

Ice Light

Can One Judge Swing The Panel?

What Is Copyright Fair Use?

Changes To Copyright?

Blake Discher explains why we need to change our attitude to professional photography if we are to survive. Isn’t everyone on the internet? Blake Discher explains why professional photography is a numbers game and how to improve your odds. Blake Discher explains the importance of elevator speeches and a memorable business card. How many should you hand out each month? Matt Ebenezer says everyone has a bio page on their website, but what does it really say about you and how can it sell you better? A selection of entries that caught the editor’s eye from the 2012 Canon AIPP Australian Professional Photography Awards. Why did these photos earn Silver Awards? What else could be done? Read Peter Eastway’s observations and suggestions. GST registration is compulsory for some businesses, but do you do it quarterly or monthly, cash or accruals? Jerry Ghionis’s new lighting toy will have you working like the heros of Star Wars - and a light quality like no other! Judging at APPA can be very emotional, but here are the reasons why one judge alone can’t tank your print. What is Fair Use or Fair Dealing and why should photographers care if people use their photos without their permission? AIPP submission to the Australian Law Reform Commision. Response to copyright and the digital economy discussion paper.

Working With Children

Kylie Lyons M.Photog I. Hon.LM, National President My family and I recently hosted a Japanese ex-

quirement of AIPP membership, it does add a level

change student through my daughter’s school.

of safety for your clients knowing that you have

While the visit only lasted two weeks, we enjoyed

gone through the proper checks to be able to

it immensely and so when we were asked by the

work with their kids.

school if we would consider hosting another student for a whole term, we actually jumped at the

Accreditation Requirement?

opportunity. So after the October school holidays

I had an Adelaide based member tell me he felt

we will have a Chinese student live with us for 10

disappointed when he applied for full Accredited

weeks - with the possibility that the stay could last

Membership recently that he was not asked to

up to three years while she does her HSC here in

produce a Working with Children Check certificate

Australia.

which he had applied for anyway, given he was operating a portrait business.

Working With Children

The reason I tell you this story is that to be able to

membership this document is not required - but I

host a student for such a length of time, I had to

ask you all …should it be?

go through a “working with children” check. This

We are currently planning on ramping up our

check used to be done manually at your local po-

Accreditation process, not only for new mem-

lice station, but now it has become an online reg-

bers, but all existing members in line with the new

istration, therefore keeping a database and keep-

strategy that the Board will shortly implement.

ing potential employers up to date with the status

You can see the communication document

of your ability to work with children.

about our Strategy change here: http://www.aip-

pblog.com/wp-content/uploads/2013/07/NEW-

In NSW the website link is www.kids.nsw.gov.

au and I’m sure every other state government

As part of the business checklist for AIPP

AIPP-STRATEGY.pdf

website has a similar link.

It made me think, too, that as domestic and

Point of Difference

commercial photographers photographing chil-

One of our strategic goals is to ensure we can pro-

dren on a regular basis, this is something we as

vide a “point of difference” for our membership, so

AIPP members should be doing. While not a re-

AIPP Accredited members are able to positively

Orpheus Island Photography Workshop 2013 7th to 13th October

Presented by Les Walkling & Tony Hewitt This is a full six day all-inclusive unique experience designed for photographers of all levels. The venue is the James Cook University Orpheus Island Research Station, a world class teaching facility, and the tropical islands provide for amazing photographic opportunities.

This is the ninth year Les has presented this workshop and he rates it as his best. Dr Les Walkling is one of the greatest educators the professional photographic industry has known. Les has a vast background in professional and university education and fine art photography with his work featured in major public galleries such as the National Gallery of Australia, the National Gallery of Victoria, and the Metropolitan Museum of Art in New York, USA. Les is the former Director of Media Arts in the School of Art at RMIT University. He is also a Fellow of the AIPP, and his clients include most of our National and State galleries, museums and libraries.

www.leswalkling.com

Tony is a ‘Grand Master of Photography’ of the prestigious Australian Institute of Professional Photography (AIPP). He is an Honorary Fellow of the AIPP and a Fellow of the New Zealand Institute of Professional Photography. Tony’s career highlights feature over 100 state, national and international photography awards. He was Western Australian Professional Photographer of the Year 2004 and also in 1994. He has judged at various state, national and international awards for the last 15 years, and is invited on a regular basis to speak both in Australia and overseas on subjects as diverse as creative photography and connecting with www.tonyhewitt.com people. Tony is also a Master Practitioner of NLP.

You will gain exceptional knowledge in Photoshop and Lightroom, colour management, fine art printing, and be inspired to create masterpieces for yourself and your clients. The workshop comprises lectures, demonstrations and presentations each morning, backed up with hands-on work after lunch and in the evening. Some people also choose to capture the first or last light of each day, while others edit and print late into the night, or continue their dinner time conversations down at the beach. This year Les and Tony are supported by four experienced tutors to ensure that the knowledge and skills are immediately translated into real-world practice. Specialist topics, as requested, are covered in additional seminars and tutorials.

differentiate themselves from their competitors

enters the award system, you submit images for a

who are non-members.

peer review process once every three years.

The current requirement for any photographer

The stakeholders committee has come up

to become a member of the AIPP is to submit a

with pros and cons to this proposal, but at its

portfolio of 20 images to be assessed by an online

heart, the purpose of this re-assessment is to vis-

assessment panel. The assessors are not looking

ibly demonstrate to members, potential members,

for “award winning” images, but merely images

and most importantly the photographic buying

which demonstrate “Professional Standard” . (We

consumers, that the AIPP is serious about continu-

recognise that this can be heavily subjective.)

ally upholding its “accredited” standards.

Professional Standard

Respect Each Other

Each applicant must achieve a “pass rate” of 15 out

What we are trying to say to all of our members is,

of 20 images. Each portfolio is assessed by three

“We respect you as a professional and as a mem-

assessors and must receive an overall acceptance

ber. The triennial review is not meant to demean

from 2 out of 3 assessors.

your status as a member or infer that your work is

Once you have become a member, currently

not of a professional standard, but we ask that ev-

there is no requirement to continue to prove the

ery member undertake the review to give credibil-

standard of your work. So I ask again… Should

ity to our profession”.

there be?

I am proud to support the Institute and help

develop the brand and integrity of Accredited Pro-

This does not relate to CPD and collecting

points, but rather an ongoing assessment of work

fessional Photographer. I would like to hear your

to ensure that the quality of all our members’ work

views though.

is of a standard the AIPP can stand behind.

Feel free to email me with your thoughts.

Together we can build strength in our AIPP

Peer Review or Awards?

brand and give ourselves a point of difference in

One of the proposals currently being debated by

this ever changing market place.

the stakeholders group is that all members should

Until next time!

be required to continue to have their work assessed by peer review, perhaps by entering their Epson State Awards or Canon APPA once in a three year period and gaining a score of 75 (pro-

kylie.lyons@aipp.com.au

fessional standard) or above for four prints.

0411 552 488

Optionally, if you are not a photographer who

Tim Griffith | 2012 Architectural Photographer Of The Year

Ryan Schembri | 2012 Wedding Photographer Of The Year

It has recently been suggested that of all the photographs ever taken in the world... 10% were taken in the year 2012!

Charmaine Heyer | 2012 Illustrative Photographer Of The Year

So how do you stand out from this crowd? •

Tell them you are a professional

•

Show them you are a professional

•

Demonstrate to them what a professional can do

Accredited Professional Photographer Trained, Educated and Skilled as a Professional Photographer...

Jonelle Beveridge | 2012 Family Photographer Of The Year

Make 2013 the year YOU Join the AIPP! www.aipp.com.au Kelly Brown | 2012 Creative Photographer Of The Year

Business First

P e t e r E a s t w a y , G M . P h o t o g , H o n . F A I P P, F A I P P Over the next few pages, you’ll read some snip-

tographer seemed to have no interest in help-

pets I copied down from Blake Discher’s excel-

ing the client meet their objectives, claiming

lent presentations in Hobart this year at the

near enough is good enough.

Nikon AIPP Event.

arrangement. When we have a commission, we

Blake is a well-presented American pho-

tographer who focuses on portraiture for com-

At the heart of what we do is a commercial

should put our clients’ interests first.

mercial clients. He is personable and thoughtful, meaning he can interact with anyone he

Opening The Doors

chooses to, and this in itself is a marvellous skill

Which leads me back to Blake and his approach

to hone and refine.

to photography. Correction: his approach to professional photography.

Relationships

Most of our work comes from relationships with

phy, we need to be business people and sales

our clients. Sure, some people see your photog-

people as well. In fact, this is probably more im-

raphy first and make contact second, but unless

portant than the photography.

you can handle a relationship, the quality of your

photography is rarely enough to keep the client.

was the cost of us opening our doors as profes-

sional photographers. Here’s a question for you:

It surprises me when working for new clients

He points out that while we love photogra-

One of the issues Blake referred to in passing

how often they say it was a pleasure doing busi-

ness with me. Isn’t it a pleasure doing business

week to stay in business?

with all photographers?

you will greatly improve your ability to run your

Apparently not! Some clients are quite can-

How many sales must you make each By knowing what your breakeven point is,

did saying that their experience with other pho-

business.

tographers hasn’t been smooth and, very often,

they felt the photographer was more interested

explaining how to work this out. Log into the

in taking photographs that satisfied their crea-

members’ section of the AIPP website and go to

tivity, rather than producing images that met

the publications section, The Working Pro - Ex-

the brief for the client. Either that, or the pho-

tended Material.

To help you, I have written a short article

Villa Maria, near Gresford, Hunter Valley. Photo by Peter Eastway.

How Much Do I Need To Earn Each Week To Stay In Business? Read More AIPP Member Only Content To read AIPP member and specific business related advice, visit the AIPP website and sign in. Once youâ&#x20AC;&#x2122;re signed in, follow the menu Member Services, My Publications, The Working Pro - Extended Material.

•

Salespeople 1st, Photographers 2nd Blake Discher

“We are salespeople first, photographers sec-

Here Comes Everybody: The Power of Organizing

ond”, announced Blake Discher at the Nikon

Without Organizations. “Blogging, video and

AIPP Event in Hobart recently.

photo sharing websites allow anyone to publish

an article or a photograph.

“I used to think I wouldn’t need to worry

about sales when I became a photographer be-

cause people would just find me, but we need

used to pay you $400 a day, but today they can buy

to understand that we are artists second. There

stock photos for just a few dollars. However, if the

is only one business model and it is sales.”

people selling the stock photos knew the maga-

“The low hanging fruit has disappeared from

zines would pay more, they would have charged it!

the market”, he explained. “The days of setting

up head shots with backgrounds are gone be-

we price. No one likes to talk about it, but if the

cause now that cameras are so good, anyone

established photographers helped out the new-

can produce great images.

comers with their prices, we wouldn’t be in the

race to the bottom we are today. People need

“As a corporate photographer, I think about

“Think how the market has changed. Magazines

“Our biggest secret as professionals is in how

shooting weddings from time to time because

to know the value of good photography.

wedding photographers seem to have work, yet

I know of wedding photographers who think

a lousy time to be a professional. But enough of

about making a little extra money doing com-

the doom and gloom. Our number one competi-

mercial work! The bottom line is that no matter

tor is the status quo. You can’t stand still. I think you

what part of our industry we’re in, there is work

have to reinvent yourself every 18 months. If you

out there if you are willing to hustle.

don’t like change, you’ll like irrelevance even less.”

“It’s a great time to be a photographer, but it’s

“The question we need to answer is, what

makes us different? Tom Kennedy said that his-

Blake Discher specialises in photographing people

torically the business of photography was de-

for editorial, advertising and corporate. He is also an

fined by scarcity, but now it is defined by abun-

international presenter and works closely with the

dance. So why should someone hire you?

ASMP in the USA. He writes a regular blog on nego-

tiating, sales and web marketing which you can reg-

“Mass amateurisation is our enemy”, com-

mented Blake, referring to Clay Shirky’s book,

ister for at www.groozi.com.

•

How Much Do I Need To Earn Each Week To Stay In Business? Read More AIPP Member Only Content To read AIPP member and specific business related advice, visit the AIPP website and sign in. Once you’re signed in, follow the menu Member Services, My Publications, The Working Pro - Extended Material.

Are You Visible? Blake Discher

“Are you visible”, asked Blake Discher at the AIPP

Nikon Event in Hobart.

hours a day they were really working. “You need

to be working 8 hours a day and this requires

“Don’t confuse lack of effort on your behalf

Blake also asked his audience how many

with lack of business.”

self-discipline.

Being visible involves many different issues,

“For instance, is your website looking good?

from shooting new personal work and sharing it

Do you have email blasts going our regularly?

on your website, to mixing and interacting with

When did you last update your portfolio? Does

people on a regular basis.

your website have a responsive design, or are

you still using Flash or frames? I hope not!

“It’s simple maths. Of every 20 people you

contact, maybe five will be interested and just

one will buy. So it’s a numbers game.”

The house will be quiet and it’s a great time

to read blogs. Don’t open your email client –

A salesman once told Blake that he earned

“You can get up one hour earlier every day.

$3000 commission for every sale, but he only

emails are time suckers. I don’t open emails until

sold to around one person in 20. “He didn’t look

9.30 or 10.00, and if you get up one hour earlier,

at the 19 people who didn’t buy as failures, rath-

that’s an extra 6 weeks a year you have gained.”

er he saw them as being worth $150 each.

aren’t very successful are top secret about ev-

Every time he received a ‘no’, he just picked

“Success breeds success. The people who

up the phone and tried again, confident that

erything they do, but people who are successful

eventually he would get a ‘yes’.

seem to share their success. Network like crazy,

hang with the winners and they will help you

“When you feel like quitting, don’t mope and

don’t hang out with the old guys in the corner

with your business.”

who are always complaining about how hard business is. We’re never getting back to their old

Blake Discher specialises in photographing people

days, so forget about their party and figure out

for editorial, advertising and corporate. He is also an

what you can do now.

international presenter and works closely with the

ASMP in the USA. He writes a regular blog on nego-

“For instance, ask existing clients how they

found you, why they chose you, and if you’re

tiating, sales and web marketing which you can reg-

lacking compared to other photographers.”

ister for at www.groozi.com.

•

Networking For Business Blake Discher

Networking is what has kept Blake Discher in

then a few weeks later, it drops into a drawer

business for the last few years. “It’s not who you

and finally it gets thrown out a year later.

know, it’s who knows you”

ple wouldn’t throw it away because it was so

Explained Blake at the Nikon AIPP Event in

“My best promo card was a 3D design. Peo-

Hobart earlier this year, “When networking at a

different.”

meeting or a function, you need to have a 30

second ‘elevator’ speech which includes your

where and anywhere.

name, what you do, why you are great and how

you can help the person you’re talking to.

cards each six months and 75 per cent of your

time at meetings and functions should be talk-

“The thing most of us have trouble with is

And then it’s a matter of networking – every“You should be giving out 500 business

why we are great. It’s not in our nature to brag,

ing to strangers.

but we do need to tell people why we’re good.

Discher, I’m a commercial photographer in De-

“My reason is that I help companies gain

“What do you say to strangers? ‘Hi, I’m Blake

profitability and inevitably people ask how I do

troit, what do you do?’. It’s easy from there.”

that. This then gives me the opportunity to have

a conversation with them and talk about their

great way to get your name out there. “Many of

business and how I could help.”

your existing clients will belong to groups that

need speakers. And if you do speak, I find that

Blake also says you need a ‘wow’ business

And if you can do public speaking, this is a

card.

around 1 in 10 people will follow you up. Toast-

masters is an awesome organisation to get in-

“Forget about the inkjet printer card and

home made paper cutter. Hire a designer and

volved with.”

get some decent business cards. I use a plastic credit card which doubles as an ice-scraper for

Blake Discher specialises in photographing people

the car windshield [it gets cold in Detroit].

for editorial, advertising and corporate. He is also an

international presenter and works closely with the

“If you don’t have a wild business card, what

happens to it when the people you meet get

ASMP in the USA. He writes a regular blog on nego-

home and empty out their pockets? They prob-

tiating, sales and web marketing which you can reg-

ably put it in a little tray on their dresser and

ister for at www.groozi.com.

Matt and Katie believe the bride and groom shouldnâ&#x20AC;&#x2122;t be the only focus of the wedding coverage. Family and friends are equally important.

Show Your Personality Matt Ebenezer

Do you need to master your telephone tech-

every couple’s number one concern: what will

nique to be successful in business? Not neces-

the photographer be like?

sarily! Matt and Katie Ebenezer don’t list their

telephone numbers on their website, relying on

tie page, there is a collage of photos for each of

their blog and emails to communicate – at least

us so you can see in an instant that we’re smil-

in the initial stages.

ing and lots of fun. Then, after they’ve seen the

“With Katie’s depression, she doesn’t cope

photos, they can read the paragraphs of text

very well with telephone calls and to be honest,

if they want to.” However, prospects can really

I don’t like the interruptions much either, so this

get to know Matt and Katie by watching a se-

is why we removed them from our website.”

ries of short videos, everything from their bungy

jumping experience to a wedding spoof featur-

When someone rings up and asks for the

“When you land on our About Matt and Ka-

price, the traditional tactics are to divert the

ing Matt in a wedding dress…

conversation away from price until you can

build up a rapport. Once the prospect gets to

fluffy and silly, but there’s a lot of thought behind

know you better and has seen your photogra-

what we’re showing. It’s all designed to show our

phy, then it’s appropriate to talk about price.

prospective clients that we’re easy going and

The trick is to build the rapport first.

good value to have on their wedding day.

Matt and Katie’s blog (websites are so old

“Some people might think we’re just being

“So, instead of talking to them on the phone

school these days) is designed to build this rap-

and inviting them for an interview, they get to

port by showing visitors what they are like as

meet us on the web. It draws the right people

people in a natural and entertaining way.

in and turns off the wrong ones.” And by then

it’s a lot easier to talk about price.

“Most ‘About Me’ pages have a static portrait

and a paragraph of text about the photographer, sometimes written in the third person. Un-

Matt and Katie Ebenezer have operated multiple

fortunately, this doesn’t always say much about

successful wedding, portrait and video businesses

you, but it should.

over the past seven years. They offer popular busi-

ness workshops so visit their blog for more details –

“People aren’t just buying photos, they are

sharing their wedding day with you and this is

www.mattandkatieblog.com.au.

E D I T O R ’ S

S E L E C T I O N

There are so many great images at Canon APPA and the Epson State Awards that not every Award gets the attention it deserves. To redress this in a very small way, the editor will present a small selection each issue for your enjoyment.

•

E D I T O R ’ S

•

S E L E C T I O N

•

E D I T O R ’ S

•

S E L E C T I O N

E D I T O R ’ S

S E L E C T I O N

•

P H O T O

C R I T I Q U E

s i d e c u d o r p e r s a e g . a y m d I d u m d n a too dark

Sunsets alw ays struggle to win awards.

s i h t n i d r a w k w l a l a g n m i s m s i h Fra t t s u j s i y h w r e n ? e r r o e c h e triangl

58 SCORE Entering a print like this is unlikely to impress the judges. To begin with, it is ‘just a sunset’ photograph and judges are generally unimpressed with sunsets and sunrises, unless there is something special in the foreground. If the mountain is special, the exposure in the print is dark and muddy. In fact, the entire presentation is muddy and post-production should be used to improve it. This is such an easy thing to do. Thirdly, the composition includes the triangle of a foreground hill in the bottom left corner - why? The image would gain some strength if it were cropped or cloned out.

Why don’t some prints make it to Silver or Gold? While you can never predict the judges’ reaction with certainty, sometimes there are aspects or features in a photograph that let it down. Past APPA Chairman and Grand Master of Photography Peter Eastway has, with the photographer’s permission, reproduced this image because it didn’t receive a Silver or Gold Award. His observations are designed to help others assess images from a judging perspective, with the view to improving not only their Award entries, but their professional photography in general.

e r o t e g a m i e h t p o r . C e : u n s o s i i t r e n r o Sugges c t f e l m o tt o b e v o m

, e r u s o p x e e s a e n Incr A . t s a r t n o c e l t t i l l a l i d w ad t en m t s u j d a ’ o t u ‘A work.

s n i a t n u o m e h t g a n i e v n i e g t h y a Lig m y k s e h t n a . h l t l e a r r e o v o m e c n a l a b r e t t e b

Due to the common subject nature, this image is unlikely to win a Silver Award. However, it can be improved by cropping and some post-production, as suggested in the edit above. Our clients often ask us to produce images like this, so we should aim to produce them professionally. They may never be Award photos, but they should still be of professional standard in terms of focus, exposure and framing.

Would You Like Your Photo Critiqued?

Are you brave enough to have your award entry critiqued in front of the world? I’m looking for volunteeers! In return for having your entry (state or national) critiqued here (there is no money involved), I wish to be given your permission to use the photo and the critique on my websites, on Flickr, YouTube and Facebook etc), and possibly in ebooks on photo competitions. You will remain the copyright owner, but you give me permission to use your image, anonymously, and hopefully you’ll receive some useful advice in return. If you’re willing to participate, here’s what I’d like you to do. 1. Create a JPEG of the award entry you would like critiqued, sized to 2000 pixels on the longest edge, setting 8 compression. 1a. Optionally, create a second JPEG of the entry before you have done any editing. Don’t send me the raw file, but a JPEG that hasn’t had much processing. 2. Put ‘TWP PHOTO CRITIQUE’ in the header of the email, and attach the JPEG(s).

3. Write this in the email (cut and paste or type the equivalent): “Hi Peter. Enclosed please find my photo (along with an unedited version) for your critiquing and feedback. It scored ?? (enter score). I understand that my photo may not be selected for use. However, if it is selected for use, I agree that in return for you providing the critique and feedback on my photo, I give you permission to use the photo, anonymously, on your website and associated websites such as Flickr, Youtube and Facebook, and in future ebooks. My intention is that this licence will last indefinitely, but I retain the right to ask you to remove the photograph in special circumstances in the future, within a reasonable time (say one month). This just covers me for unforseen situations.” 4. Add your name to the bottom of the email and send it to me at eastway@betterphotography.com. Please, just one image at a time and there’s no rush to do this straight away - I only need a few photos to begin with, so I will repeat this offer in the future! And don’t send me your best images because they will probably be too good to critique!

Do You Need To Register For GST? There is more to just having an ABN? If you are in business, you are advised to have

can claim back the GST paid on business ac-

an ABN. Although it might not be legally re-

quisitions. It’s not that one approach is right or

quired, in practical terms, every business needs

wrong, it depends on your circumstances.

an ABN.

In addition, your business may also need to

be registered for GST.

Quarterly or Monthly When you register for GST and you are a small business (under $2 million turnover), you can

When Must You Register For GST?

generally choose whether to lodge your BAS re-

If your business has annual sales of $75,000 or

turns quarterly or monthly. Most small business-

more, you must register for GST.

es opt for quarterly lodgement as this means

You must also register for GST if your project-

less paperwork.

ed sales for the next 12 months are greater than $75,000.

Cash or Accruals

You can pay your GST based on cash sales or ac-

The $75,000 is measured without GST - if

you’re not registered for GST, you can’t add it

crual sales.

onto your invoices anyway. And you don’t in-

clude non-GST income when you measure your

you actually receive payment for your invoices.

annual sales - you don’t add in interest or divi-

Accruals means you pay GST based on the date

dends, for instance.

you write an invoice, even though your custom-

Cash sales means you only pay GST when

er hasn’t yet paid you. Under $75,000 Registration

You can also register for GST if your sales are less

its. Under the cash basis, you must have paid for

than $75,000 a year. Should you?

the expense to claim the GST, whereas under

the accrual basis, it is sufficient to have received

There are two main arguments. Some peo-

The same applies to claiming back GST cred-

ple advise not to register for GST so you don’t

an invoice from your supplier.

have the quarterly or monthly requirement to

fill in and lodge a BAS return. Less paperwork.

to pay GST as this lets them match their cash-

flow with their tax payments.

Others advise you to register for GST so you

Most small businesses choose the Cash basis

This is general information only. We do not know your specific financial or legal situation and we are not providing you with advice. As such, this article should not be relied upon as legal, financial or accounting advice. Please use this article as a conversation starter with your own adviser.

Michael Kenna • Johsel Namkung • Stephen Dupont • S t a g e Yo u r O w n E x h i b i t i o n • Composition Essentials • Making Amazing Photobooks Where are my free copies of Better Photography Magazine? They are here... w w w.aipp.com.au S i g n i n t o t h e m e m b e r ’s s e c t i o n . . . Go to member services... Go to my publications... Go to Better Photography... Download and enjoy!

Ice Light

J e r r y G h i o n i s â&#x20AC;&#x2122;s N e w To y Shooting portraits indoors or in low light is very

der tungsten lighting), you can wrap a colour

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of light to work with.

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tle extra zing, many photographers (especially

with the background. Two clips are included to

when shooting weddings) throw in an accent

easily attach the gels to the Ice Light.

Or you might like to change the colour of

light of their own. For some it is flash, for others a portable LED panel. Jerry Ghionis now has an-

Easy Mounting

other option, his Ice Light.

Both ends of the Ice Light have 1/4-inch thread mounting points so you can attach the lights to

Ice Light Moves

light stands, or they are very easy to hold with

The Ice Light looks a bit like a Star Wars light

the handle.

sword, although a bit shorter.

in rechargeable battery, a multi-voltage charger

It provides a long light which is important

The Ice Light comes complete with a built-

for portraiture because it throws light on your

and a carry case that will easily slip over your

subject from a range of different angles, pro-

shoulder.

ducing a softer, more pleasing light quality than

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around 60 minutes and the LEDs themselves are

good for 50,000 hours!

The light source is an LED array behind a dif-

A full charge will keep the light going for

fused front face, so you don't need additional

light modifying tools, and the colour tempera-

opposite, using two Ice Lights provides even

ture is daylight, so you won't have any unex-

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pected colour shifts when looking at your files.

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However, if you want to match an existing light source (for instance, you might be shooting un-

•

Can One Judge Swing The Panel?

W h y T h e A I P P ’s J u d g i n g S y s t e m I s I n c r e d i b l y Fa i r Watching the judging at the Canon APPA or Ep-

deficiences in the print that the other judges

son State Print awards can be a very rewarding

were not aware of and so the score either drops

and educational experience, especially when

or doesn’t ascend as desired.

the print being judged belongs to someone

else!

panel, but only if the other judges agree to be

swayed. A single judge cannot control the score

However, when it’s your own print, most of

In this way, a single judge can sway the

us are a little more sensitive to the comments

by giving high or low marks and there are sev-

and actions of the five judges. We may see one

eral reasons why.

judge giving a low score or talking down a print and believe that this judge is the cause of our

Averaging

failure. Of course, it also works the other way

Each judge has one score which is averaged, so

and a single judge may seem to be the reason

if a judge scores 10 points lower than the other

for our success. Is it really possible for one judge

judges, this only makes a difference of 2 points

to swing the panel?

to the final score. Of course, these two points can be the difference between 79 and 81, but

Challenges and Discussion

there are other checks in the system.

The only way a single judge can swing a panel is through discussion with the other judges

Majority Score

when a print score is challenged.

If a print does score 79, but three or four of the

judges scored it 80 or higher, the print is elevat-

It often happens that a print will score in the

high 80s, with one judge scoring it Gold in the

ed into Silver. The same applies for each Award

90s. Very often this judge is able to explain to

level, so if you think one judge is holding you

the other judges why the print is so good and

back, he or she can only do it with the help of at

the score may go up to Gold. This is a good re-

least two other judges.

sult.

However, you can also listen to judges ex-

nipulate the score. If the score does change, it’s

plaining their reasons why a print should not go

because the other judges have been swayed by

up to Gold – or to Silver etc. They may point out

the argument, not one judge’s poor score.

So, in summary, a single judge cannot ma-

•

there are limits as to how much material can be

use allows someone to use somebody else’s

reproduced.

photograph without permission.

for criticism or review, but many people try to

More technically, let’s say you own the copy-

More common is the fair dealing exemption

right in a photograph which you have posted

extend this beyond what the law really allows.

on your blog. Everyone can see it, but can any-

The criticism or review must be genuine and

one take it and use it on their own blog, use it in

not be primarily for other uses, meaning a mag-

another publication or use it for advertising?

azine can’t just use your photographs and claim

it is reviewing them, if the underlying purpose is

Strictly speaking, if you own the copyright,

you control how it is used. So, again strictly

to illustrate another article or fill up space.

speaking, if someone wants to use the photo-

graph you have posted on your blog, they must

this is a complex area according to the Austra-

ask your permission first.

lian Copyright Council.

A further fair dealing is parody or satire, but

As we know, this doesn’t always happen and

very often, people cite a ‘fair use’ exemption.

Internet Issues With photographs being posted on social media

What Is Fair Use?

and websites, access has never been easier. Fur-

‘Fair use’ is an American defence to using

thermore, many people simply take photographs

from the internet and use them for their own pur-

Australia doesn’t have a general ‘fair use’ exemp-

poses, or re-post them, sometimes as their own.

tion. Instead we have ‘fair dealing’ which is a

situation where copyright permission is not

of these cases and, because so many people do

required for specific purposes. According to the

it, the government is looking to change the law

Australian Copyright Council, fair dealing can

so these actions aren’t illegal.

include research or study, criticism or review;

parody or satire; and reporting news.

raphers and we should resist this change. We

Research or study fair dealing allows stu-

need to retain control of our copyright, even if

dents to use material without permission, but

we don’t actively pursue all infringements.

This is an erosion of our rights as photog-

Changes To Copyright?

AIPP SUBMISSION TO THE AUSTRALIAN LAW REFORM COMMISION RESPONSE TO COPYRIGHT AND THE DIGITAL ECONOMY DISCUSSION PAPER The AIPP, with a history of nearly 50 years in

strongly support it. We have also read in draft

the photographic industry, is Australia’s leading

form the submissions from Copyright Agency

membership body for the professional photo-

and from Viscopy, and also strongly support

graphic community, with over 3000 Members

those submissions (including in relation to their

around Australia. We actively support profes-

rejections of the ARLC’s proposal that statutory

sional image-makers at all stages of their ca-

licences be repealed).

reers. We are also in regular communication

with the broader community of photographers

comment on several of the proposals put for-

(both amateur and professional) who are not

ward by the ALRC, and give the ALRC our in-

members, and we have strong affiliations with

sights as to how its proposals are likely to oper-

similar professional organisations in Asia, the US

ate in practice.

and Europe.

• in its Principles, the ALRC pays lip-service to

As a principally volunteer-run organisation,

In summary:

our resources are limited in terms of getting

the importance of creators, but then proceeds

expert advice on constitutional, legal and leg-

to make recommendations that would place

islative issues, so we have relied heavily on the

commercial photographers at a severe disad-

Australian Copyright Council in particular to

vantage in the digital economy (including by

represent our interests on complex and detailed

removing their ability to reach binding contrac-

issues relating to copyright. As a result, we are

tual agreements with clients);

not going to analyse in close detail all of the

• the ALRC’s proposals for “fair use” or for ex-

legal positions presented by the ALRC itself in

panded “fair dealing” would lead to unaccept-

the Discussion Paper, and we are not going to

able and ongoing uncertainty when it comes to

present a close analysis of submissions made by

how the law applies;

other people and other organisations.

• if implemented, the ALRC’s proposals will

damage our members and their businesses,

We have, however, read the Copyright Coun-

cil’s submission to the ALRC in draft form, and

We do nonetheless want to make separate

both in the digital and the non-digital econo-

mies; and

ing imagery. We are not large corporate entities

• the ALRC’s proposals are a sure-fire recipe to

with deep pockets that can investigate the in-

disempower commercial photographers, who

tricacies of the Copyright Act, or perform exten-

already often have little bargaining power when

sive analyses as to when our rights may or may

it comes to their copyright or moral rights.

not have been infringed. Further, as small businesses, our ability to rely on lawyers for advice is

1. Introductory comments

extremely limited.

The ALRC’s proposals come at a time when the

photographic industry is undergoing a period

fringement problems, they invariably have very

of enormous change and challenge, and when

few resources to pursue these matters in a fair

the majority of practitioners struggle to main-

way and will often simply give up, as the ineq-

tain a livelihood.

uity in bargaining power in most commercial

negotiations is way too far in favour of the cor-

The ALRC’s proposals also come only 10 to

When photographers get involved in in-

15 years after two momentous sets of changes

porate or government bodies for which we cre-

to copyright law that strengthened the ability

ate work.

of professional photographers to benefit from

their work: the changes to section 35(5) in 1998

biguous and supportive legislation. Copyright

that removed the inequitable provision where-

ownership gives us an incentive to work: we’re

by the default position was that businesses

not just technicians that own a camera – we

commissioning photography owned the copy-

add considerable value to society by document-

right in the resulting images; and the changes

ing the world around us in a professional and

in 2000 which increased the moral rights pro-

visually sophisticated way. As a society, Australia

tections for works, including those created by

needs independent and innovative photogra-

our members.

phers to document the world.

AIPP was at the forefront of the campaigns

As creators, we rely heavily on clear, unam-

for each of those changes, and is appalled that

but just as easily – if the ALRC’s current pro-

the benefits of those hard-won changes may

posals ever become law – copyright can work

be so easily lost through implementation of the

against this. From our perspective, this ALRC

ALRC’s proposals.

report is just not helping at all. If ever adopted,

the ALRC’s current proposals will add even more

We are professionals who create imagery for

a living. Most AIPP members are small-time, sin-

layers of difficulty and uncertainty to our daily

gle operators who are passionate about creat-

work.

It feels like the ALRC has simply fallen for the

creator is the best way to make this work.

loudest, most academically fashionable, and

most seemingly-simple solutions in the room –

members to have to face a copyright law that,

but these are coming from big internet compa-

in practice, will lead to almost every infringe-

nies, bureaucrats in some government depart-

ment claim being met by a defence of “fair use”

ments who seem to have lost touch with the

(including where an image is claimed to be an

day-to-day problems even their own colleagues

“orphan work” or where some changes to the

face, and a loose alignment of academics who

image or re-contextualisation leads to a claim

clearly have no idea how copyright works in the

that the image has been “transformed”). The

real economy (and particularly in small busi-

ALRC’s proposals would escalate costs, create

nesses).

uncertainty and further put the balance of ne-

gotiating power into the hands of corporates

The small-time, individual artistic creator

In particular, the AIPP does not want its

– who is one of the principal reasons why the

(in particular, big media and big internet cor-

porates) and into the hands of bureaucrats at

being pushed out further and further, left even

Commonwealth, State and local government

more alone to fend for him or herself. The com-

levels who want to use our members’ images.

mercial realities of people making a living from

said, “... today, with cameras as pervasive as they

ALRC document, which particularly in its pro-

are, there is no such thing really as professional

posals for a loose “fair use” mechanism and the

photographers...”. The comment was quickly

removal of the statutory licences appears to

retracted, but the question clearly reflects the

be reaching for a nice tidy piece of legislation

mind-set of many large “digital economy” corpo-

that then just leaves everything to be worked

rates.

out through litigation and commercial negotia-

tion – the very mechanisms that 99% of small-

our members weren’t able to create interesting,

time creators of copyright are completely un-

unique and valuable visual content, we’re not

equipped to deal with.

sure what those media organisations would be

publishing. We need strong arm’s-length sup-

The average professional photographer in

The CEO of Yahoo! (Marissa Mayer), recently

However, the AIPP strongly argues that, if

Australia needs to be able to control the sale

port from government, and the best way to do

and license of their work, including so that they

this is through strong legislation that favours

can receive fair compensation for its use. Strong,

unambiguous copyright law in support of the

make amateurs of all of us.

2. The proposals for fair use and for

the States that merely putting something into

expanded fair dealing

an electronic reserve is sufficiently “transforma-

The AIPP opposes the ALRC’s proposals for a

tive” to make it a “fair” use).

new “fair use” exception or (in the alternative)

for any expansion or change to fair dealing (Pro-

seems to be a great deal of chatter from a num-

posal 4-1 to Proposal 4-4, and Proposal 7-1 to

ber of the academics submitting to ALRC to the

Proposal 7-4).

effect that “fair use falls into patterns” or that “fair

In particular, the AIPP rejects:

use is predictable”.

• that the categories of use or dealing should

be open-ended; and/or

top, and we cannot see how these academic

• that any list of purposes should include “quo-

contributions will assist our members partici-

tation”, “private and domestic”, “educational use”

pate in the digital economy.

or “public administration”.

the United States wrote only last year:

The AIPP is also extremely concerned that

In this context, the AIPP notes that there

Again, these views are from the mountain-

As one adviser to a photographers group in

uses of so-called “orphan works” may be “fair use”

(see further our separate comments below).

new work is “transformative,” in that it substantially

Similarly, the AIPP is extremely concerned

changes the original photograph into something

about the ALRC’s proposals for how “fair” is to be

else it may qualify under the fair use exception to

judged under its proposals for either a new “fair

use regime” or as part of any amended “fair deal-

ing an image belonging to someone else is to get

ing” scheme. In particular:

permission from the copyright owner before using

• any test of fairness must include a test of

it. If that is unfeasible you should avoid its use un-

commercial availability (and the legislation

less you are extremely confident that it would con-

should squarely state that if something is com-

stitute fair use. Even so it may lead to very costly liti-

mercially available – including under a licence

gation. When in doubt consult an attorney.”

– then it is immediately disqualified from being

“fair” to use); and

demic viewpoint in papers such as those from

• the ALRC must reject any formulation of “fair”

academics. On the ground, it is no easier to see

that would allow courts to develop a body of

any pattern in fair use decisions than it is to see

case law where “transformative” by itself can car-

any pattern in tea-leaves: they both leave a lot

ry so much weight – as it appears to in the US

to the imagination. Our members have to make

(there are even arguments from academics in

real decisions on a case-by-case basis and not

“Even if used for a commercial purpose, if the

This is the reality at the coalface: not the aca-

on any post-facto analysis of “policy clusters” of

• fails to enable photographers to leverage

decisions about what is and what is not fair use.

the control necessary to enable them to partici-

pate fully in the economy – let alone the digital

pare the two cases involving photos and Jeff

economy.

Koons: even under US law, the AIPP can’t see

how individuals could approach either of these

so much raw material to be used by others, who

situations and predict with any certainty what a

can then profit from our members’ skill and in-

court would decide.

vestment.

Similarly, in the recent case between Richard

Instead, our members’ images become just

As the Copyright Council has noted in its

Prince and Patrick Cariou, even the judges dis-

submission, any argument that photographers

agreed – as shown by the differences between

will be able to rely on their moral rights in situa-

the first instance and the appeal decision. Even

tions such as these is extremely difficult to sus-

on the appeal, the judges referred 5 of the 30

tain – the existence of fair use as a copyright de-

images in issue back to the District Court for de-

fence may just be yet another situation in which

cision – with comments that included that “it

it is “reasonable” not to respect the integrity of

is unclear whether [various stated] alterations

our members’ material.

amount to a sufficient transformation of the

original work of art …”).

yers we won’t be able to predict fair use; as

So much for certainty and predictability.

small businesses we won’t be able to afford

In any case, we see no reason of principle

litigation to define fair use; and as creators we

Clearly, as a matter of practice, as non-law-

why copyright law should give more rights to

won’t be financially able to challenge claims of

post-modernists and people making collages

fair use, even if we believe them to be wrong.

than to creators such as our members who use

their talent and time to create something from

improve our members’ ability to participate in

scratch.

the digital economy?

For example, we invite the ALRC to com-

How, then, will moving to a fair use system

To this extent, if the upshot of “fair use” is that

people like Richard Prince can use our members’

3. The proposals for orphan works

work without payment and without permission,

The AIPP opposes the ALRC’s Proposal 12-1 to

then the AIPP submits that that signals a broken

Proposal 12-3.

system that:

• fails to protect the material that people such

to becoming orphans and to being opportunis-

as our members create; and

tically used by people without permission – in-

Our members’ works are particularly prone

cluding where (either deliberate or unintended)

metadata is stripped out of their images.

permissions, just as it should prompt people

to seek licensing solutions as the best way of

ateurs and professional alike, where those im-

spreading the benefits of the digital economy

ages find their way without permission into the

to everyone supplying any material on which

public domain.

that economy is based.

In this context, enabling people to raise a

The AIPP therefore particularly supports the

defence of “orphan work” under “fair use”, and

Australian Copyright Council’s comments on

enabling them to raise a claim that their search

the ALRC’s orphan works proposals, noting in

was “reasonably diligent” is just another means

particular that the ALRC’s recommendations:

by which our members will be disenfranchised

• attempt to use fair use as a solution to prob-

in the digital economy. This problem will be ex-

lems that are far more complex than fair use can

acerbated by the very loose list of things the

or should be used to address;

ALRC is recommending that a court “may” have

• would impose an extremely low and ill-de-

regard to as to what is a “reasonably diligent”

fined threshold of what constitutes a “diligent

search.

search”;

• fail to recommend a fee-paying scheme, as is

If works by one of Australia’s best known

authors – and the head of the Australian Soci-

being pursued in the UK;

ety of Authors – can become orphaned (as the

• don’t do anything to address the fundamen-

defendants claimed in one of the Google book

tal issue of trying to prevent works from becom-

scanning cases), what chance do our members

ing orphaned in the first place (particularly as a

stand?

result of metadata being stripped out of imag-

es); and

Also, we note that Australia does not have

statutory damages, and so giving people an

• don’t do anything to assist in restoring or-

easy “out” via orphan works provisions (includ-

phaned works to their owners.

ing by providing limitations on damages) means that the risks people take in using some-

4. The proposals for abolition of statutory

thing they claim is “orphaned” – and the rewards

licence

of fighting hard to retain our rights if there is

The AIPP opposes the ALRC’s Proposal 6-1 to re-

a dispute – are just so much lower in Australia

peal the statutory licensing schemes.

than in the US. Again, our members would be

disadvantaged.

tic – even naïve – view that voluntary licensing

The ALRC seems to have the overly optimis-

will just step into the place of the statutory li-

17-1.

cences.

blood, and the ability of AIPP members to par-

AIPP members have long experience of ne-

For AIPP members, licensing is their life-

gotiating in the real world, and know that user

ticipate fully and appropriately in the digital

organisations – including governments and

economy requires an unambiguous ability to

educational sectors – will just use the change in

reach agreements about how material will be

law to argue “fair use” and/or “orphan works” and

used. And those agreements need to be bind-

then only offer minimal (if any) payments.

ing.

We came across one statement from some

The ALRC appears completely oblivious to

US organisations on this, where organisations

how important contract is to photographers,

representing libraries and educational bodies

who licence according to usage.

very simply state:

ALRC could justify someone commissioning a

“Several months have passed since the federal

The AIPP cannot see any basis on which the

district court in Atlanta ruled in Cambridge Uni-

photographer to take photos for specified pur-

versity Press v Becker that copying book excerpts

poses – and contractually agreeing only to use

for electronic reserves at Georgia State University

the resulting images for those purposes – and

(GSU) is within fair use.”

then allowing that person or that organisation

to use the image for completely different pur-

This may or may not be the law in the States

– and may or may not become the law in Aus-

poses. On the ALRC’s proposal, the ability to

tralia – but the AIPP knows full well that this is

over-ride contractual conditions would be avail-

what its members will be told if they (or, for ex-

able even where the further use is a commercial

ample, Copyright Agency) complain that peo-

use usually licensed by the photographer.

ple are infringing their rights.

been very keen to embrace the concept of fair

The current statutory licences enable “equi-

The AIPP also notes that, while the ALRC has

table remuneration”, and the AIPP’s view is that

use from US copyright law, the ALRC has avoid-

the current statutory licensing schemes is ef-

ed US law that accepts the primacy of contract

ficient and fair – particularly as they are subject

law over copyright: US law does not allow peo-

to both parliamentary and Copyright Tribunal

ple to ignore their contractual obligations mere-

oversight

ly because a copyright defence might be avail-

5. The proposal to permit contractual

able to them.

over-ride

Yours faithfully

The AIPP strongly opposes the ALRC’s Proposal

Peter Myers, Aipp Executive Officer

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For more information and a read of the free sample, please visit:

www.betterphotography.com

I finish the book with some useful background information about how competitions work (generally speaking), and then I analyse some of the images that have won awards for me, pointing out the aspects that the judges responded to in a positive way. The book has lots of photographs and illustrations to explain exactly what I’m talking about. And it is an eBook. It is easy to read on a computer, laptop or iPad, and you need Adobe Reader (Acrobat) to view the book. There is no paper version of this book, although you can print out the Acrobat Reader file if you wish. I have created a sample eBook for you to look at on the Better Photography website, so please visit and have a read. If you like what you see, I hope you’ll purchase a copy. And for your next photo competition - good luck! – Peter Eastway