Working Pro The
Issue 232 • June 2015
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PR OUDLY S UPPORT I NG THE AIPP TOGETHER WE CAN BE STRONGER
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TRADE PARTNER Proud supporter of the AIPP
Working Pro The
Co n te n t s #232
K e r e n D o b i a M.P h o t o g . 2014 aipp PROFESSIONAL Illustrative photographer of the year
w w w. k e r e n d o b i a . c o m . a u
The Working Pro is the official newsletter of The Australian Institute of Professional Photography (AIPP). Editor Peter Eastway G.M Photog., FNZIPP, 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 Copyright © 2015
AIPP Membership Contacts
Phone: 03 9888 4111 E-mail: enquiries99@aipp.com.au
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4 14 16 19
Vote For Council
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Should You License Commercial Shoots?
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Selling Portraiture Up Front
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Jonelle Beveridge
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Is A $20,000 Tax Deduction Any Good?
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How Do I Earn An AIPP Honour?
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Facing Up With Copyright
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Book Review: Owning It
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Photo Books For Weddings & Portraits
Suite G.02, 171 Union Road, Surrey Hills, Victoria 3127
J une
Ross’s Ramblings
Cover
-
Ross Eason M.Photog., Hon.LM, National President
Update: AIPP Reflections Project
A strong and rewarding feeling by being involved.
AIPP Luminous Project
The AIPP Luminous Project is a way to recognise members who contribute to their communities and to give something back to our profession as well. If you would like a say in how the AIPP is run and operated, begin by voting for your State Council. Rather than selling your photography outright, licensing allows you to earn money based on how much your photography is used. Is this still appropriate in 2015? How do you improve your profitability and be genuine at the same time? Lester de Vere shares his tried-and-tested selling techniques for family portraiture. If you have good quality photography and sensible business systems in place, you can make a healthy living from portraiture, as Western Australian photographer Jonelle Beveridge demonstrates. If you’re planning on buying new camera, lighting or computer equipment, this will be of great interest! AIPP Honours are awarded to members and non-members to acknowledge either their ability as a photographer or their service to the profession. Can you stop people from arguing with you about copyright? Col Leonhardt shares his recent experiences! A Creative’s Guide to Copyright, Contracts and the Law by Sharon Givoni is an essential reference source for every professional photographer. Don’t sell yourself short! Sell your editing, design and storytelling skills as well as your photography. Libby Jeffery from Momento Pro suggests you are a Creative Director, not just a Photographer.
Ross’s Ramblings
Ross Eason M.Photog., Hon.LM, National President What A Response!
thought.
The quality of the nominations for the AIPP
state councils and the AIPP National Board have
did not raise their hands lightly. Each will
been outstanding with every state except one
have weighed carefully the decision and
going to elections.
commitment required.
The number of candidates on offer is
State council and national board nominees
The least we can do is to take a little time
fantastic.
to consider the candidates on offer, read their
nomination statements and then vote.
This is the AIPP at its best, as members
put their hands up to contribute. Well done
Voting is a benefit of full membership,
to all and regardless of the outcome, we all
please do not waste it.
need to keep in mind that the integrity and commitment to nominate is a success in itself.
Should We Expect Change?
We have certainly seen some significant
While each state has only five council
members, the council can draw on as many
changes in the AIPP and the industry. We have
committed members as required for working
also achieved a lot in the last few years, but we
groups to support them.
do need to keep looking forward.
So please, even if you’re not elected this year,
I was talking to our members in Canberra
let’s ensure we harness this new energy and
last week, outlining what we have been doing
build great teams.
to advance the profession and the recognition
of Accredited Professional Photographers.
There have also been eight nominations for
the National Board.
we need to do more than simply tell the public
The constitution requires a mandatory
I said, in reference to the Reflections Project,
retirement of two Board directors each year, so
they should use us, or tell them how good we
that means we have to elect at least two new
are.
ones.
We need to demonstrate the benefits of
professional photography by our actions, rather
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Okay.. Now It’s Your Turn
than having an expectation that there will be
Now it’s up to the members to vote, but don’t
a catharsis or revelation that a professional
just tick any old box. Please give it some careful
photographer is the answer to all their imaging
AIPP New Accredited Members New accredited members are now listed on the AIPP’s website. Log in and view them under Membership Movements http://www.aipp.com.au/members/membership-movements
requirements.
customer knows the value you bring. Uber’s
I recently attended a conference that had a
growth has less to do with a price decision
forum panel devoted to planning for growth in
and more to do with ease, information and
the future.
experience.
The panel had the CEOs of a major national
Taxi companies are now chasing the same
developer and an international advertising
technology, so it seems that a successful
agency, as well as the chief economist of NAB
company introduces the change that others
and the senior investment strategist from AMP.
chase.
A question was asked how to combat
Time to think outside the box.
change because of new online competition from the likes of Uber, Air BNB etc.
The answer was unanimous: you handle it by
accepting change as a reality.
Complaining about it will not eliminate it
or lessen it. In fact, it only occupies time you
ross.eason@aipp.com.au 0412 108 362
could devote to marketing your own business. You need to accept that these changes are here because the hard reality is more changes will continue to emerge in the future
This applies to every industry, including ours.
Their advice was see change as an
opportunity and make sure that your potential
5
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© Vic Miller
A r oun d t he StAt e S F r o m t H e WA co u n c i L there’s nothing better than fresh coffee and a toasty breakfast platter to kick off a cold morning, along with some well-respected peers, chatting about how to survive and thrive in this industry. And our recent breakfast meeting checked all those boxes with a great discussion about professional insurance. thank you to all who attended, and shared their stories! And thank you also to everyone who attended our first print critique session! even in their “first draft” condition, the images displayed were exceptional, as was the feedback we all received. We’re very much looking forward to the next critique, and then the final countdown to the WA state Awards will be upon us. remember - closing date for entries is thursday 18 June! As always, the WA council are here to help, so contact us for anything! 6
u p co m i n g e v e n t s 7th June – WAeppA critique session 25th-26th June – WA epson state Awards 28th June – presentation dinner 29th June - 1st July – the nikon Aipp event 11th August – Breakfast meeting 16th-18th October – canon Aipp AppA Judging 19th October – canon Aipp AppA presentation Dinner 10th November – Breakfast meeting
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A rou n d t h e StAt eS F R O M T H E N S W CO U N C I L The highlight of May was undoubtedly the NSW/ACT State Awards. Held at the magnificent Muse gallery at Sydney TAFE in Ultimo, this year’s event saw almost 1,000 prints judged over two incredibly busy, tense and exciting days. The quality of the entries was extremely high with almost half of them picking up awards, but in the end the category winners shone through and at the presentation evening, held at The Arthouse Hotel, Adam Williams who won the Landscape category was crowned the overall 2015 AIPP Epson NSW Professional Photographer of the Year!
will be running every few months for other genres of photography such as portrait, family and fine art.
Congratulations to Adam as well as all the category winners! Congratulations also go to all the category finalists and silver and gold winners and a big thank you goes to the national team, the judges, panel chairs, volunteers, entrants and Sydney TAFE without whom this amazing event couldn’t have taken place. Now bring on APPA!
For tickets and details on future events please keep an eye on your inbox and the official AIPP NSW Facebook Page at www.facebook.com/aippnsw
May ended with two more special events. In a partnership with our sponsor Momento Pro we introduced a behind the scenes tour of Momento’s production facility where their skilled staff showcased the craft of book making from start to finish. The tour, aimed at wedding photographers, was then followed by an interview with wedding photographer and social media guru Lara Hotz. It was a great night that we
The final event of May was An Evening With Society Photography where David Stowe (the newly crowed 2015 AIPP NSW Science, Wildlife and Wild Places Professional Photography of the Year) shared the secrets of his highly successful wedding photography studio. As The Event is coming up at the end of June we’re taking a little break from events this month but we’ll be back in July!
NSW EvENTS 3rd June – Social – Sydney Inner West Breakfast Club 4th June – Social – Sydney Central Breakfast Club / Newcastle & Hunter Breakfast Club 1st July – Social – Sydney Inner West Breakfast Club 2nd July – Social – Sydney Central Breakfast Club 21st July – Inspiration – An Evening With Morris Photography 7
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© Hilary Hann
A r oun d t he StAt e S M at e r n i t y, B i r t h & n e w B o r n Q&a SeSSion Sa’s inaugural Q&a session proved to be a huge success with a sell-out attendance for the audience to reap the benefits of being able to ask their burning questions about Maternity, Birth and newborn photography. Mel neumann, Victoria Berekmeri, Kate ellis and Karen Pfeiffer were completely ‘open book’ about all aspects of their business and from their photography methods to marketing, products and costing. Following on the back of this event, Sa council is now considering running similar events for other photography genres.
a F i r e S i d e C h at w i t h h i l a r y hann
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the cosy ambience of Mt lofty house in the adelaide hills proved to be the perfect venue for hilary hann to present about her knowledge and expertise with her work in africa. Covering all aspects from local knowledge, where to stay and what gear to take, hilary also touched on her approach to photography awards and her choice of editing style. hilary captivated her audience with fantastic travel stories and compelling and beautiful work. and yes, we had a real fire going.
Co M M e r C i a l
G e t - to G e t h e r
a small but varied group of commercial photographers gathered to discuss the aiPP benchmarking survey and what they feel is important to include. apart from Mark Zed’s initial list of topics to be addressed by the survey, a robust conversation ensured this list was added to with some very interesting points. Mel neumann started the evening off with a short discussion of the recent announcement of the merger of the aCMP with the aiPP. all those present thought it to be a good idea and a positive move. all who attended were in support of the planned monthly get-togethers and agreed that it was something that has been lacking for some time. U P Co M i n G
eVentS
2nd June – Monthly Breakfast at alfonso’s - 8am 17th June – Print Feedback evening at atkins - 6.30pm 7th July – Monthly Breakfast at alfonso’s - 8am 26th & 27th July – SaPPa Judging
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© Jacinta Dal Ben
A r oun d t he StAt e S M E M B E R S P OT L I G H T - J ac I n Ta Da L B E n 1. How did you fall in love with photography?
4. Which photographer/s do you admire?
I have always been the one carrying a camera everywhere we went, yet I knew that this passion needed to be pursued further when I had my second child Dante, I began to realize that I could bring an art form to Newborn/children photography.
There are so many inspirational photographers in this world, I would have to say the lovely Peter Coulson, not only is he a wonderful photographer but a beautiful man who has also photographed myself and my last child Vera. Another would be Sue Bryce, the way she brings out beauty in women is exceptional.
2. If you could have dinner with anyone from history who would it be? If I had dinner with anyone it would have to be Moira Kelly, she is still creating miracles for children over the world rescuing them from third world countries where they cannot afford the medical care they need. I first met her when I was 12 years old through rotary, she has ever since left me with a huge inspiration to help those in need. I then met her again a few years back out to dinner with Trishna and Krisha. I would never get tired of dining with such a modern Mother Teresa. 3. What single piece of technology makes your life easier?
5. What is your dream shoot? My dream shoot would be shooting newborns/ multiple babies and possibly older babies 6-12months, not only awake, but asleep. And teaching people how to shoot like this all around the world.
uPcOMInG E vEnTS 9th of June – On the Couch with Yervant and Anni.
I can’t live without my Spyder pro calibrator! 9
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Š Dan Cripps
sAve
tHe DAte
the 2015 AIPP tASMAnIAn ePSon ProfeSSIonAl PhotogrAPhy AwArdS
12th JULY 2015
A r oun d t he StAt e S
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FinAL print critiQue nigHts
s Av e t H e D At e
19th June 2015
12th July 2015
print critique night, 1A victoria street, Hobart
2015 epson state Awards & presentation Dinner
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Š Geoff Comfort
A r oun d t he StAt e S FROM THE ACT COUNCIL Recently we had the ACT IPP Epson Professional Photography awards 2015 in Sydney. The judging was fantastic, as always. I would just like to say thank you to all the ACT judges that attended and our wonderful ACT volunteers.
hospitality and the evening rolled on into Braddon. Thanks for coming everyone! Council nominations have closed so we will have a new council very soon. Thank you to everyone who has nominated. It will be interesting to see who is voted in.
The entries were slightly down this year but there was still plenty of competition. I would like to urge all emerging and accredited photographers to schedule in their calendar at least one day when the judging is on, to attend. you learn so much from constructive critique and by seeing the images in print. I feel it is vital for any professional development. I would like to say congratulations to Geoff Comfort for taking out ACT AIPP EPSON Professional photographer of the year.
I am standing down as president and if I am not voted on to council then this will end my 18 years as a council member. This edition of The Working Pro goes out after our event, The Future of Professional Photography with Ross Eason. As it stands at the moment we have 30 people registered! This has got to be our most popular event so far.
Geoff’s images show a level of professionalism and craft well above the norm and he is a truly deserving recipient. Congratulations Geoff. Congratulations to all the other category winners and to everyone that entered.
If any of our members have suggestions for events or workshops please let the ACT council members know. We would love more interaction with the members so come along to one of our monthly lunch meetings. The next meeting is on 18 June at 11am at Bittersweet cafe Kingston. Cheers, Hilary Wardhaugh
The awards presentation night at the Canberra Yacht club was very well attended with 35 people enjoying the 11
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For more upcoming events
u p co m i n g events For the nQ chApter June 6th - 8th ravenswood photo Walk Weekend Saturday August 22nd Les Walkling colour management Workshop
© Sandra Lea
A r oun d t he StAt e S tBA xxx
tBA xxx
How To Master Photoshop Layers
upcoming events
xxth xx – xxxxx xxth xx – xxxxx “The secret to photographic technique is layers, and that’s whether you use Photoshop or Lightroom.”
How To Master Layers is a series of video/article presentations by Peter Eastway. To purchase and view on your computer, visit: www.betterphotography.com $6.49 each or $19.95 for all four titles 12
A FREE SERVICE - AND IT’S SO EASY TO USE! How much would you like to earn in the next 12 months? Use Peter Eastway’s free online Photo Income Estimator to find out. Visit www.betterphotography.com Click on the link to the Photo Income Estimator page
Enter your information and see the results immediately.
Don’t spend the next 12 months fluffing around. Have a look and set yourself some goals! www.betterphotography.com 13
Update: AIPP Reflections Project
A strong and rewarding feeling by being involved. According to the AIPP Reflections Project
director John de Rooy, operations are running
Bagger arranged Channel 7 Today Tonight to
smoothly to plan and we’re getting a lot of great
make a great story about the project which
media coverage as well.
aired in SA and WA. You can see the story here:
Video Promo
http://www.todaytonightadelaide.com.au/
A great bunch of volunteers got together
stories/reflections-project
to make a promotional film attracting more
Getting Involved
veterans to register for the Reflections –
With all this great media coverage, we are
Honouring our WWII Veterans.
needing more photographers to get involved
You can see it here: https://vimeo.
- and it’s certainly not too late. Many areas are
com/129514728
short of photographers, so please, if you can
spare some of your time and talent, register at
Thanks to Rochelle from Preface films, Tony
State coordinator for South Australia Louise
Knight (AIPP Victorian President) and also Clare
http://www.aipp.com.au/reflections/reflections
Powell in Townsville for filming the bugler.
Excellent Response
experiencing a very strong, rewarding feeling
We are getting a great response from the
when meeting our WWII heroes and creating
veterans with 2,100 WWII veterans currently
these images for the veterans and the archives.
All of our photographers have described
registered and 310 photographers. Our
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president, Ross Eason and our chair, Kylie Lyons
Please spread the word about this project to WWII
met with the Reflections patron Dr Brendan
Veterans and photographers. To register a veteran
Nelson last week to prepare for our liaison with
or a photographer for the project please go to:
the Australian War Memorial.
https://aippveterans.com
Gordon Freemantle RAAF. Rebekah Wilson for the AIPP Reflections Project.
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AIPP Luminous Project
The AIPP Luminous Project is a way to recognise members who contribute to their communities and to give something back to our profession as well. The AIPP is more than a group of
Providing educational support for members
photographers. It’s a community in which
early in their careers;
members give and receive and this exchange is
• The Luminous Collection - Giving all members
the underlying fabric of the organisation.
the opportunity to build a “future fund” for the
AIPP; and
But how do we get involved? How can we
all help with this sense of community?
• The Luminous Fund - Extending the concept
The AIPP Board has introduced a new
to larger issues, both within and outside the
project, simply called Luminous, with the tag
profession.
line, “Funding the support and education of photographers”.
Recognition - The Luminous Award
In a nutshell, it is designed to recognise
Continued Ross, “The Board believes that there
members who have used their professional
are times in the life cycle of the AIPP when we
skills to make a significant contribution to their
should recognise people who have contributed
community without expectation of reward or
to the Institute, or to the communities in which
recognition.
they lived.
Explained AIPP National President, Ross
Eason, “AIPP Luminous will give our members
recognised because they contributed selflessly
a chance to be recognised on the one hand
and because they wanted to make a difference.”
and to contribute further in a positive and
meaningful way.”
recognise members?
There are four tiers to the Luminous Project:
• The Luminous Award - Recognising members
Still, the question remained: how do we A perpetual award in a member’s name
becomes problematic over the life of the
for their good
Institute as
services;
there are many
• The Luminous Grant -
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“Importantly, these people need to be
members worthy of recognition.
Explained Ross,
will be named
“Where do you draw
after the person
the line? How many
who received
annual awards can
the Luminous
we have? It’s not possible to have a perpetual
Award, thus tying the two together. It would
award for everyone.”
also be appropriate for the Award recipient to
make the presentation to the Grant recipient at
From this question came the idea of an
annual award that changes every year by
the APPA Awards dinner.
recognising one of these members, whether
within their lifetime or posthumously.
go to recognised colleges around the country
and invite students to apply for a scholarship to
The first tier of the Luminous Project is
Added Ross, “Beginning this year, we will
the recognition of a member who has given
attend an educational event of their choice in
selflessly to the profession or our Institute, and it
Australia.
will be called the Luminous Award.
“In the first couple of years, it will be the
Nikon AIPP Event and they will have their choice Provision - The Luminous Grant
of seminars and workshops, but in the future we
On the other side of the equation is the support
hope to broaden the options and perhaps the
and education that we as a group of peers
number of scholarships given.
provide.
opportunity for students to apply for a study
There are many members who can thank
other members for their help and assistance,
“The Luminous Grant will provide an
grant to help advance their careers.”
freely provided.
So if there is a Luminous Grant, to whom is it
Funding - The Luminous Collection
given and what should it look like?
The third component is the funding for the
Luminous Grant and it will come initially from a
One of the AIPP’s key roles is to ensure
that those entering our profession have the
silent auction of photographic prints sourced at
knowledge and skill sets needed to establish a
APPA.
viable business.
enter the Canon APP Awards, they will be asked
With this in mind, the Luminous Grant will
Explained Ross, “Each year when members
provide a bursary, grant or a scholarship to a
if they would be prepared for their prints to be a
deserving photographer.
part of the Luminous Collection.
Importantly, the Luminous Grant for the year
“The print would be a donation by them to
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the Luminous Project which would be sold to
and this can become a fighting fund for many
provide the needed funding.
purposes.
“People at the APPA dinner will be invited to
“For instance, if a member wanted to fight a
begin the silent auction process, but it would
landmark copyright case, the AIPP may agree to
continue on the AIPP website for a short time so
support him or her.
everyone is given the opportunity to bid.”
or her equipment in a fire or flood, it may
Naturally, not all the prints entered to APPA
“Similarly, if a member were to lose all his
will be suitable for the Luminous Collection - or
be appropriate for the AIPP to lend a hand if
hanging on a collector’s wall! Many wedding
insurance conditions excluded coverage.
and family
“Some people
photographs
may suggest that
would not be
a disaster like
of interest to a
that experienced
collector, so a separate review committee will
recently in Nepal may be a worthy recipient. We
select the best images based on their potential
realise there will be a lot of different views on
for the silent auction.
these bigger policies.
Inclusion in the Luminous Collection
“However, over in the USA, the ASMP has
should be considered by members as a
two funds, one for fighting legal causes and
significant honour and they will be recognised
another for benevolent works.
appropriately.
“The point to note is that the ASMP has
funds it can divert into things that matter and, The Big Picture - The Luminous Fund
in the long run, I think this is a great aim for the
The details have yet to be confirmed, but for
AIPP as well.”
instance, fifty prints sold for $400 each would
generate $20,000 each year.
a work-in-progress. AIPP member John Tozer
has agreed to lead the group setting it up, but
Continued Ross, “The ultimate aim is to build
a corpus so that over a period of time, we can
eventually it is planned for the AIPP National
generate a fund which can be used to finance
Office to administer it as one of the annual
not only the annual study grant, but other
projects we’re all involved with.
altruistic projects as well.” This is the fourth tier.
should be proud of - and proud to contribute to
“Hypothetically, after five or ten years, we
could have $100,000 - $150,000 in reserves
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The Luminous Project is to some extent still
“I think this is something that all members
as well.”
Vote For Council
If you would like a say in how the AIPP is run and operated, begin by voting for your State Council. State council elections will be held very soon.
room” around which the AIPP exists. Without
good proactive councils the AIPP is a shadow of
According to Peter Myers, the AIPP’s
Executive Officer, many states have had more
the organisation it needs to be.
nominations than ever, indicating a very healthy
interest in the operation of the Institute.
are now closed.
This is good news indeed.
Councils can have a maximum of five
you also have the chance to direct the Institute
Nominations for council for this coming year However, whether you nominated or not,
members.
by casting your vote. In the near future you
will receive an email from the AIPP National
If there are more than five members
nominating for council, then a simple election
Office with instructions on how to vote.
takes place amongst the state based members.
Don’t just pass it over, take five minutes to
consider the nominees and then cast your vote
In addition, every council can have any
number of co-opted council members who,
appropriately.
whilst not officially ‘on council”, can certainly provide help and assistance in many areas.
AIPP councils have always been the “engine
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Should You License Commercial Shoots? Rather than selling your photography outright, licensing allows you to earn money based on how much your photography is used. Is this still appropriate in 2015? Today, many photographers allow their clients
but you retain the copyright and license the
to use their photography without restriction,
client to use the photographs;
but it hasn’t always been this way.
• you just charge a licence fee. Stock
In fact, around 20 years ago, the ACMP and
photography is a great example of licensing.
AIPP fought hard to ensure photographers
You own the copyright, but people may ‘rent’
retained the copyright in their work. This only
your photograph by licensing it.
applies to business-to-business arrangements,
Most photographers use the first approach, but
not to domestic shoots (such as weddings
there can be distinct advantages in using the
and portraits) where the client still owns the
second approach.
copyright (unless there’s a contract stating
differently).
the other, rather provide an introduction to the
concepts and we’ll follow it up with opinions of
So, for advertising, commercial, industrial
and editorial photographers, if we take the
This article isn’t going to suggest one way or
experienced photographers in the future.
photograph, we own the copyright.
This in turn means we can sell that
Charging By The Hour Or Project
copyright, or alternatively we can keep the
Charging by the hour, by the photo or by the
copyright and licence people to use our
project will pay you for materials, time and a
photographs instead. Which is best?
profit margin, but if at the end of the shoot the photos are handed over to the client, it is
Three Ways To Sell
unlikely you can continue to benefit financially
There are three ways to charge for your
from your work.
photography:
• by the hour or project, based on time and skill,
and butter photography, clients might insist
and the client owns the copyright; • by the hour or project, based on time and skill,
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In some situations, such as basic bread
on owning copyright and having unlimited rights to use the photographs you have created
for them. A good example might be staff or
shot for a lower base fee, so if the photographs
product photographs. You can understand
aren’t extensively used, the client hasn’t spent
that a client wouldn’t want their photographer
too much up front. On the other hand, if
selling these images to other people and they
the photographer works particularly hard to
owning copyright is one way to ensure this.
produce a brilliant result, he or she can profit
from additional licensing fees if the client uses
If you put yourself in your client’s shoes,
you can understand their position. When you
the photography more extensively.
purchase a car, you don’t have to pay more for
the car just because you drive it further than
combination of a shoot fee and a licence fee.
The photographer usually charges a
someone else. Most of our clients expect to have unrestricted rights when they purchase
Ripping Off The Photographer
something. And probably most clients don’t
Over the years, most photographers have found
know that licensing photography even exists.
themselves in a situation where the client just wants ‘a quick, cheap job because there is no
Earning A Licensing Fee
budget’, only to see their work used extensively
However, rather than comparing photography
in other, unforseen ways. In other words, the
to the purchase of a car, let’s compare it to
client wasn’t completely honest, or perhaps
the sale of a song. Everytime a song is played
circumstances changed.
on the radio or downloaded, the musician (or
more correctly, the copyright owner) is paid
ends up as the cornerstone of an international
a fee. Okay, so we’re assuming this is a legal
advertising campaign, the client can benefit
download!
exponentially (because of the power of the
photograph), while the photographer is stuck
The more the song is played, the more
For instance, if a simple brochure shot
successful it is and the more money the artist
with a small, flat fee. The licensing model
receives.
addresses this.
Photographers in the advertising, and to
An example. You are commissioned to shoot
a lesser extent, the commercial sectors have
a simple portrait for a website. The client is a
charged their clients using this model. The more
national company, but you’re just working for the
widely their photograph is used by the client,
local office. There’s no budget, it’s not a big deal
the more the client pays.
and the client cries poor. It’s a half day shoot and,
along with materials, you charge $1000.
This approach can work well with a
sophisticated client. A photography job can be
However, the model you’re using is
21
particularly appealing and the way you have
on the original licence fee, but this is up to
lit the shot sparks a chord with the company’s
negotiation.
clients. The website photo is a huge success. It
is used around the country by six other offices
have been advised to talk about a Basic Usage
and then becomes the feature image in a
Right (BUR). When you give the client the
national advertising campaign.
initial quote or estimate for the photography,
How could you share in this success?
you also include how the client can use the
The answer is to license your photograph,
photographs. This is the BUR.
For instance, commercial photographers
not sell it outright.
the $500 licence fee.
Instead of only charging for time and
In the above example, the BUR would be
materials, charge a fee to create the photograph
Note the BUR gives the client the right to
(a per-shot rate) and then add a license fee
use the photo for a specified time, in a specified
stipulating how the photo can be used.
geographic area, and in specified ways (media placement).
Basic Usage Rights
In our example, you might break down the
photo for another year, a further licence would
$1000 fee into $500 for the photography and
be paid. How much is up to you, but often it is
$500 for the licence to use the photograph
equivalent to 100% of the BUR. This generates a
on the website for one year. If the client wants
further $500 for you as the photographer.
to use the photograph for longer, or for other
media (such as posters, point of sale, direct mail,
a entire article on its own. The point of this
packaging, television), then a further licensing
introduction is to show you that there are other
fee is payable.
ways you can negotiate with sophisticated
clients.
How much is this further fee? As you might
If after a year the client wants to use the
How much we charge for the licensing is
expect, a client will be cautious about signing
But a small warning. Many clients do not like
an open ended agreement with you. In theory,
the licensing model at all and enforcing it may
if the photo were simply fantastic, you could
lose you a job. This is where your negotiating
possibly hold them to ransom over future
skills and knowledge of the law can make a
usage. The trick is to let your client know how
huge difference to your profitability.
much they are going to pay at the time they
22
commission the photograph.
Please contact the editor to have your say about
this subject at eastway@betterphotography.com
Many photographers base extra usage
23
Selling Portraiture Up Front
How do you improve your profitability and be genuine at the same time? Lester de Vere shares his triedand-tested selling techniques for family portraiture. Many professional photographers struggle
per print basis.”
when it comes to the sales process. They
stumble when asking their clients to buy, often
which to entertain their clients, but the same
because they don’t know what to sell them.
principle can be applied in home studios or
However, as experienced photographer Lester
when visiting clients in their homes. The point
de Vere explains, the selling process begins
to take away from Lester’s suggestion is that
before you take the photographs.
a planning session explains to the client what
is expected to happen after the photographs
Lester predominantly shoots portraiture
Not all readers will have a retail studio in
and the following advice, given at a seminar in
are taken - and assuming they love the
New Zealand recently, explains his successful
photographs, of course.
approach.
24
“For a family portrait shoot, I start with a
Critical Questions
planning session. Everyone gets to see an
Lester explains there are critical questions that
audio visual which gives them lots of ideas for
need to be asked during the planning session.
photographs and establishes a per print price.
If I am doing a special promotion, then that
clients is, ‘How do you use your photographs
may include the sitting and one free print, but
at home’? It’s a massive question and not
the free print is given a value up front so they
everyone has an immediate answer, so this
associate that value with any further prints they
is an opportunity for you to show them lots
may buy.
of different ways to ‘use’ their photographs. I
don’t need an answer because it has already
“A planning session is absolutely essential
“The first question to ask your prospective
because it presents you as a professional. If you
got them thinking about the walls they have at
do it over the phone or in the park, it’s harder to
home, and if they aren’t thinking this way, then I
set the same expectations. The planning session
ask them about their walls.”
is a powerful selling tool that establishes that
your clients are going to purchase prints on a
not photos or files. Prints. A lot of clients aren’t
Lester is selling portrait prints for the home,
Photography by Lester de Vere. These are examples of his day-to-day work in Auckland, New Zealand.
25
necessarily aware of how photographs can be
purchase.
used. Many just think of photographs for social
media, but by having a studio full of examples -
what they are going to do with each print and
desk prints, wall prints, block prints etcetera - his
where they are going to put them.”
“I want them to go home knowing exactly
clients quickly get the idea.
“You have to sew these seeds early on so
Understanding Portraiture
they are aware of the spaces they have at home.
To help clients visualise how large a print
You want them to fill those spaces with your
will look in their home, Lester uses a digital
photographs.
projector with a program called MASK that
“Clients purchase emotionally and then
allows him to project images at their actual size.
justify their decisions with logic. The emotion
He also advises clients how to look at photos of
may be that they have finally got their family
themselves.
together for a photograph, and the logic may
be that they want a particular print size to fit a
can have real concerns about how they look.
space at home. However, it’s the emotion that
Think about how you feel when you look at
makes the purchase.”
photographs of yourself - your brain might be
“When clients first look at their portraits, they
looking for things that you don’t enjoy about Sales☻ Session
yourself. In comparison, when you look at
Some days after the shoot, the clients are
photos of your family, you just see the people
invited back to a sales session. “Unilaterally,
that you love. You don’t see their imperfections.
females look at the photographs emotionally,
We need to explain to our clients that others
while the blokes ask how long and how much?
will look at them this way as well.
“I like to be very specific about how and
“For instance, think of a photograph of your
where they will use the photographs so there is
parents together laughing. You would look at
no buyers’ remorse at the end of the process.”
the portrait and think it was wonderful, but
your mother would look at the same portrait
Lester is referring to photographers who
may sell clients more products than they need,
and worry about the wrinkles around her
meaning clients end up buying prints that
eyes! Examples like this can help your clients
have no place to go in their home, and so they
understand how to see portraits of themselves.”
feel they have spent more than they should. If
26
every print purchased has a specific place or
The Selling Process
use in the home, they will be happy with their
“At the selling session, clients are shown all of
Photography by Lester de Vere. These are examples of his day-to-day work in Auckland, New Zealand.
27
the photographs in a slide show set to music. I
This can also affect which photos they choose
explain that they don’t have to remember any
to buy because they are not going to be on
of the photographs as they will see them all
public display.
again afterwards.
I do a print judging, referring to the emotional
“Then we go through a process of
“I also talk about the photographs a bit like
comparing the photographs, two at a time. I
connections and how others are likely to
will ask clients if they have a preference for the
relate to their portraits. I might suggest that
photo on the left, the right, or neither. If they say
one photo is ideal for the family archive, to be
they can’t tell the difference, then I know I am
handed down for generations to come, while
talking to people who are not visually educated
others might be more personal. It doesn’t
and my role is to help them. I might say that
take them long to understand how their
mum looks more believable in the photo on the
photographs can be used.
right, for instance. On the other hand, if they are
visually aware, they will tell me which images
session, they know exactly how their
they like the best.
photographs are going to be used and why.
They have bought emotionally and justified the
“So, we go through this process until we
have a small preferred group of photographs
“Importantly, by the end of the selling
decision logically.”
and then we get more specific. We might
28
suggest that one image would work well in
Additional Suggestions
their home’s entrance, and another in their
Not everyone wants large photographs of
living room.” This process follows Lester’s belief
themselves or their family up on the wall, but a
that clients should have a specific use for each
collection of smaller prints in a large frame can
of the prints they purchase.
be very acceptable. Lester offers collections of
“The size of the prints is important. You
5x7 or 8x10 inch prints which can be framed
would have a smaller print in an entrance way
together. And while he only sells unframed
because this is a transitory space where people
prints, he can organise the framing with a local
look and move on, but in the lounge room
supplier (who in turn pays Lester a commission).
where people will see the print from many
different angles, a larger print over the fireplace
and show his clients around 40. Too many
may be more appropriate. In a bedroom it
photos to choose from can be confusing,
doesn’t really matter what size the prints are
but too few may mean your clients don’t buy
because people will only see them by invitation.
as many prints. The files aren’t retouched or
Lester might shoot 60 or 80 photographs
Photography by Lester de Vere. These are examples of his day-to-day work in Auckland, New Zealand.
29
edited before showing them to the clients,
“I don’t care if I only sell small prints. I charge
but clients understand the photos they select
$230 for the smallest print and the session fee
will be worked on before printing. This also
for a family portrait is $175, so clients can spend
establishes additional value in what professional
just $405 if they want to.
photographers provide - it’s not just a file
straight out of the camera that anyone can do,
of my studio knowing where the print will hang
it’s an image with professional post-production
in their home.”
“However, the critical point is they walk out
printed to a professional standard.
30
“And not doing the post-production on all
Lester de Vere is a professional photographer work-
the photographs might save me as much as
ing from Auckland, New Zealand. He shoots com-
$400 a shoot on editing fees.”
mercially as well as family portraiture. He is a Life
Member of the NZIPP, a past president of the NZIPP
Lester says he is still getting $10,000 sales,
but they don’t happen every day and are
2000 - 2003, and a multi award winning photogra-
averaged out against $1000 to $1500 sales as
pher.
well.
www.lester.co.nz
Photography by Lester de Vere. These are examples of his day-to-day work in Auckland, New Zealand.
31
Jonelle BEVERIDGE AIPP Master of Photography
If you have good quality photography and sensible business systems in place, you can make a healthy living from portraiture, as Western Australian photographer Jonelle Beveridge demonstrates. In a profession that is seeing businesses retreat in the face of too much competition, it’s great to meet photographers who are still running their studios with a sense of pride - and profit.
Jonelle Beveridge is a family portrait photographer. Her husband, Mike runs the business side of
the studio while she shoots and does all the Photoshop post-production.
“It’s a nice balance”, Jonelle says. “We have two studio locations, one in Perth on five acres and
another in Bunbury on two acres, which is around a two hour drive south of Perth. We have a staff of eight, including Mike and me and we do all our shoots from our purpose built studios on the properties.”
32
33 Pregnant mother and her boy, taken at the end of a portrait session. Shot at 1/160 second @ f11 using a 24-70mm zoom lens.
34
Jonelle BEVERIDGE AIPP Master of Photography
35
Jonelle BEVERIDGE AIPP Master of Photography
While some portrait photographers will visit
am right where I would like to be, doing the
their clients’ homes and others may suggest a
occasional speaking engagement and judging
nearby park or beach, Jonelle and her staff take
at the state and national awards. It gives my
control of the locations, placing their subjects
inner educator a release and fulfils my secret
against backgrounds and in lighting conditions
ambition to be a teacher.”
that helps create a very high standard of portraiture.
Equipment Jonelle says she uses all Nikon equipment,
36
Insight
starting with the Nikon D4.
Explained Jonelle, “My background has always
been photography. I am a 3rd generation
hands and the buttons are easy to reach! My
photographer in the family and it was my mum,
all-time favourite lens is the 70-200mm which
Janet Craig who taught me.
I almost exclusively use outdoors. If I’m in the
indoor studio, then I shoot mainly on the 24-
“It was great having her critique every shoot
“The main reason I use Nikon is I have small
I did for two years. It really brought my skills
70mm, but I also have an 85mm and 105mm
and professionalism up to a high standard very
Macro which I use for baby and engagement
quickly.
shoots.
“Currently, I shoot around two portraits a day
“I use a reflector outside, usually leant up
which keeps me fresh and makes sure I don’t
against a tree or a tripod (I don’t often work with
give everyone the same photos and poses!
an assistant), or sometimes I use a Speedlight
“I have also just had kid number two, so
flash to provide fill-light. In the studio, I love my
keeping a work/life balance is important to me
new big Octagon soft box, but we also have a
at the moment. I really love shooting, meeting
strip light for added control.
families and focusing on the love. That is really
what I am all about at the moment.”
because as I work in the bush, anything on
wheels is no good. Actually, I need a 4WD bag!
Jonelle says she has won all the awards
“My camera bag is a Lowepro backpack
she has ever dreamed of achieving, including
some Highest Scoring Prints in the WA state
release Manfrotto tripod. I have tried using
awards, the WA AIPP Family Photographer of
lighter ones, but this Manfrotto is as sturdy as a
the Year 2011, and the AIPP Australian Family
truck.
Photographer of the Year 2012.
dogs running into them and not fall over. My
“I suppose at this point in my career, I
“And last, but not least, is a big, heavy quick-
“A tripod needs to withstand kids and
37 Example of Jonelle Beveridge’s day-to-day work from her studios in Western Australia.
Jonelle BEVERIDGE AIPP Master of Photography
chiropractor isn’t too keen on it though!”
what they do together. There are all sorts of
Back in the studio, Jonelle uses a little
connections we can work with, be it going to
Wacom tablet when working in Photoshop
the beach, walking the dog or maybe it’s a life
and “a pretty old, but it still works great” Eizo
event like having a baby or getting engaged.
monitor.
“Naturally I want them to ‘spend big’, so the
photos have to be a few things: Client Photography
• incredible;
The photography accompanying this article
• truly reflect their family;
represents Jonelle’s day-to-day client work. “I
• have emotion; and
don’t shoot for myself nearly as much as I would
• be photographed well (in-focus, the right
like to and when I do take the camera home, my
38
depth-of-field, correct exposure, etc.).
three-and-a-half year old takes it from me to use
himself (it’s in the blood)!”
positive experiences they have had together as
a family, such as a holiday. This always gets them
Jonelle’s photographs show a variety of
“I talk to my clients during the shoot about
locations at the Perth property where custom-
relaxed and smiling.”
built sets are designed to reflect their clients’
lifestyles.
for the morning or the afternoon. She shoots
some photos in the indoor studio and some in
“One of my all-time favourite shots is the
Jonelle says most of her portraits are booked
pregnant mother with her boy. It was taken
the natural bushland.
right at the end of the shoot and the little boy
had been crying for a while.
both worlds.
“The mother picked her son up and put him
This way, Jonelle says, she gets the best of “I am always looking for the best light,
on her belly... ‘Get back in the studio!’ I cried and
whether it is backlight, flat light or sidelight. No
this was the one frame before the boy started
matter if I’m in the studio or outside, I am always
crying again. And the mother had her baby the
looking for the light.
next day!
so dramatically that the landscape is forever
“I want every client to have an amazing
“The seasons affect our outdoor studio
showpiece of their family. I shoot for a ‘hero’
changing, so we are always looking for new
photograph at every portrait session.
groves and laneways on the property to shoot
in.
“This is created based on the consultation
we have with each client before the shoot, so
we can find out about them as a family and
if I have been to the same spot 1000 times, I am
“I am also seeking something new, so even
“One of the priorities at our studio is to find out all about the families we are photographing and what they do for fun. When they realise we have a large property to shoot on, they sometimes bring along their favourite animals. We regularly photograph dogs and horses and have the occasional chicken and cat, too. In this image (above), I love the family connection. I try to pose the family as naturally as possible, while still keeping a traditional look that will appear timeless on my clients’ wall.” Shot at 1/160 second @f5 using a 2470mm zoom lens. (Below) Another example of Jonelle’s day-to-day work.
39
Jonelle BEVERIDGE AIPP Master of Photography
thinking how can I shoot this differently?”
don’t sell digital images on their own, but we do
give our clients digital copies of the products
Shooting a large number of portraits each
year requires Jonelle and her staff to have an
they buy.”
efficient workflow.
and client bookings, and ProSelect to sell the
“Workflow and systems are a large part of
Jonelle uses StudioPlus to run the calendar
what makes our business run as a business. We
photos.
want to make sure each and every client gets
the same experience.
photography secrets, all you have to do is sign
“For instance, we have a shot list that we
up for the Nikon AIPP Event in Perth at the
follow for the portraits and there are a lot of
end of this month and book in for Jonelle’s
other systems in place to make sure the clients
presentation. “I will be going into much more
know the prices and what to expect from their
depth at my talk, so if you want to know more,
shoot. We also want them to know that we are
come along and see me!”
To learn more of Jonelle’s amazing portrait
a business and that we want them to buy the photos - but only if they really love them, of
You can see more of Jonelle’s work or touch base at
course!
the following places.
Website: www.premierstudio.com.au
“At the end of the day, there is no point
taking amazing photos if no-one buys them. We
Instagram: jonellebeveridge
need to feed the kids after all! We sell mainly
Facebook:
large products for the wall and often an album
https://www.facebook.com/premierstudio
or portfolio box accompanies them too. We
Email: jonelle@premierstudio.com.au
See Jonelle Beveridge at The Nikon Event in Perth this June! Book now : www.aipptheevent.com.au
40
41 Example of Jonelle Beveridge’s day-to-day work from her studios in Western Australia.
Is A $20,000 Tax Deduction Any Good? I f y o u ’r e p l a n n i n g o n b u y i n g n e w c a m e r a , l i g h t i n g o r c o m puter equipment, this will be of great interest! The first thing to understand about the $20,000
whole $45,000 in the one year.
asset tax deduction is that it doesn’t save
$20,000 in tax. Rather, it reduces the income
will be entitled to the $20,000 immediate
upon which tax is paid, so the saving for an
deduction because they are classified as small
average small business owner might be closer
businesses, with turnovers less than $2 million.
to 34.5% - or around $7000 on a $20,000 asset.
Most photography studios and businesses
The immediate deduction applies to assets
purchased after budget night - from 7.30 p.m. Immediate Deduction
on 12 May 2015. I’m not sure how many shops
Most assets - meaning items of equipment and
were open for business at 7.31 p.m., but there
furniture that we use in our business - that cost
you have it!
over $1,000 are subject to depreciation, which means you get to deduct the cost of the asset
Is It A Good Idea?
over four years or so.
For profitable studios wanting to invest in
new equipment, this is great news and the
However, if the asset costs less than $1,000,
then you’re able to claim the whole amount as a
government should be congratulated for
tax deduction - an immediate deduction.
providing a genuine business incentive.
However, it won’t be of use for everyone.
This has been good news for items like
filters, memory cards and hard drives.
have relatively low profitability, claiming a large
Now, with the $20,000 rule, you will be able
Given that many photography businesses
to claim an immediate deduction for much
$20,000 deduction for a new camera outfit
more expensive assets, including cars. This
and computer system might not be good tax
means an entire computer system or camera
planning. This is because the $20,000 deduction
outfit may be deductible in the year you
may drop your income into a lower tax bracket,
purchase it, whether new or secondhand.
and then the following year when you earn
more money, you may also pay more tax
And the test is ‘per asset’, meaning you could
buy a camera for $15,000, a lens for $15,000 and
because you don’t have any deductions. This is
a computer outfit for $15,000 and claim the
something to discuss with your accountant!
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.
42
43
How Do I Earn An AIPP Honour?
AIPP Honours are awarded to members and nonmembers to acknowledge either their ability as a photographer or their service to the profession. Photography Honours
area of service to the Institute and Industry,
AAIPP, M.Photog, GM. Photog.
while an Honorary Fellow recognises the
The Associate, Master of Photography and
outstanding value of an individual’s long
Grand Master of Photography are earned
standing contribution in the area of service to
by entering the Canon APPAs each year and
the Institute, Industry or Community. Both can
accumulating Award or ‘merit’ points. There’s
be awarded to members and non-members
one point for a Silver and two points for a Gold,
alike, in which case the non-member becomes
plus there are time restrictions within which the
a member!
points must be used or they disappear.
Briefly, an Associate needs five merit
Fellow - FAIPP
points in four consecutive years, a Master of
At the top of the tree is the Fellow of the AIPP.
Photography a further 10 points in five years,
It is a combination award that recognises both
while a Grand Master of Photography needs
acumen as a photographer as well as a history
to have five Gold Bars added to their Master of
of outstanding service to the profession or
Photography (each Gold Bar requiring 10 Award
the Institute. It is unlikely to be awarded for
points) and include at least five Gold Awards
photographic excellence alone as it is designed
and 10 Silvers with Distinction.
to recognise an individual’s achievement in more than one dimension.
Service Honours
Hon. LM, Hon. FAIPP
honours, including the Fellowship, that can be
The service awards are not generally related
awarded by the AIPP Honours Committee each
to skill as a photographer, but to a member’s
year: just four. And nor can members nominate
contribution to the running of the Institute or
themselves for a service honour, but they can
the profession.
put the name of other members forward to
the AIPP Board, and the Board will then decide
An Honorary Life Member recognises
a considerable contribution in a particular
44
There is also a limit to the number of service
whether to pass on the recommendation to the
Honours Committee.
the Epson State Print Awards, the Nikon Event
Dinner, or the Canon APPAs and Gala Dinner,
The AIPP Honours Committee currently
comprises three past AIPP presidents, and
you will see members wearing ribbons and
the current president. Richard Bennett, Ian
medals that represent their achievements
van der Wolde and Greg Hocking shoulder
within the Institute.
the responsibility of researching possible
candidates, a process that can take many years,
previously, there are ribbons and silver service
so while a candidate might be unsuccessful in
bars for general service to the AIPP in a
one year, this does not preclude them in a later
volunteer capacity.
year.
And each year, the ongoing contribution
Award, named after the first President of the
and actions of nominees are assessed and can
Institute, which recognises a long period of
influence the nominees’ viability as an honours
effort and dedication to the Institute.
recipient in the future.
In addition to the honours mentioned
There is also a special Claude McCarthy
For a full glossary of the various ribbons,
you can visit the AIPP’s website, or if you see Ribbons
someone wearing one, just ask! Chances are
When you attend an official AIPP event, like
they will be proud to tell you!
45
Facing Up With Copyright
Can you stop people from arguing with you about copyright? C o l Le o n h a r d t s h a r e s h i s r e c e n t e x p e r i e n c e s ! These days, people don’t want to pay for
copyright court to use (and very expensive as
photographs. Photographs have become
well). Instead, I went through the Magistrates
such a common currency that they have been
Court which deals with small claims.
devalued. Col Leonhardt (right) with his pilot.
Devalued, that is, until someone sees a great
Irrelevant Defence
photograph that they can’t capture themselves,
“Their defence was the fact that once you put
or that they couldn’t be bothered to buy.
something on Facebook, anyone can use it.
How many people are ripping off your
photographs without permission?
“However, within the first minute the
judge ruled their entire Facebook defence was irrelevant to this case and I won.
Making A Stand
Col Leonhardt touched base with The Working
getting ripped off because other people think
Pro after being urged by several other
photographs on Facebook are free, there is an
photographers to share his story that revolves
option. Take the offenders to court!”
around Facebook, copyright and the courts.
to the process. Stopping people from using
“Some 15 months ago, I was contacted by
Col added that you need to be committed
a business that wanted to buy a photo of mine
your photographs takes time and effort. You
they had seen on my Facebook page.
have to contact them, you have to write letters
and emails, you have to send invoices and, in
“I told them four times not to use the
photo without paying me, or risk being sent an
the end, you need to hire a lawyer to help you
invoice.
through the court process.
“The next day, they were using the photo on
This can take you away from your prime
their Facebook page. I asked them to remove
purpose of earning a living as a professional
it, but they refused to do so, so I sent them an
photographer, but on the other hand, if anyone
invoice which they also refused to pay.
can use your photographs however they wish,
what’s the purpose of being a professional?
“Ultimately, the issue ended up in court,
but not the Federal Court which is the normal
46
“So, for all those photographers who are
Unless we are paid, we don’t have an income.
So, taking a stand is important, not only for
that the judge refused to accept Facebook’s
your own business, but for the profession in
terms and conditions as a defence.
general.
you don’t get damages, but you can recoup the
Even if you have to deal with people who
might not be very happy that you are taking
“Also, in the court where I took the action,
invoice value. Nor could I claim legal fees.”
them to court! Do It All Again? Subject To Copyright
When asked if he would do it all again, Col said
“The person I sued was not the friendliest of
possibly not because he felt quite uneasy about
characters and I’ve received multiple threats
all the threats he had received and the toll that
and harassment.
taking the court action had on him personally
over the past 15 months.
“However, there were a few things that I did
that helped me win my case.
option. You pay $150 and get a pre-trial hearing,
“For instance, on my Facebook post I wrote
“The Small Claims Court is a no-frills legal
“Images not for commercial use”. Without these
and if after that you don’t get a settlement, then
words, I’m unsure if I would have had a claim.
it goes to trial six months later.
“The judge did give me some advice. He
“Most people, I’m told, settle before going to
said, ‘Just write that the images are subject to
trial, but the defendent in my case had a lawyer
copyright’.
friend act for him and he continually filed
irrelevant adjournments which resulted in six
This wasn’t Col’s only experience with
people ripping off his work.
extensions and countless pages of evidence.
“I actually had two cases running at the
“That said, I had to do the same thing
same time, one against the owner of the
a couple of years ago, but fortunately the
business for using my images on his private
defendant settled out of court. ‘
Facebook page, and another against his
business.
lengths simply to retain control and ownership
of their photography.
“I lost the case about his private Facebook
It’s a pity photographers have to go to these
page. The judge said it was because I wrote ‘Images not for commercial use’ , but if I had just
Col Leonhardt runs BVP Visuals in Western Austra-
written, ‘These images are subject to copyright’,
lia selling stock images and prints. You can see his
he would have given me damages.
website at www.birdseyeview.com.au or email him
at colin@birdseyeview.com.au
“In my mind, the most important thing is
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Book Review: Owning It
A C r e a t i v e ’s G u i d e t o C o p y r i g h t , C o n t r a c t s a n d t h e L a w b y Sharon Givoni is an essential reference source for every prof e s s i o n a l p h o t o g r a p h e r.
Sharon Givoni. Photo © Laura Manariti
If photographers understood copyright,
it demystifies the basic laws that affect our
contracts and just a little bit of the law, they
businesses every day.
could earn a lot more money.
intellectual property lawyer and her beautifully
It’s not about being a lawyer. It is about
Author Sharon Givoni is an Australian
being able to negotiate.
designed book will appeal to lots of creative
types because it looks so easy to read!
To negotiate, you need to understand the
game you’re playing, so if you don’t understand
the various laws that sit around photography, it
law, it sets out a wide range of topics in simple,
puts you at an immediate disadvantage.
easy to understand blocks and includes lots of
practical case studies that reference real-world
Even if the person you are negotiating with
And it is. While the book is all about the
doesn’t understand the law, you can still be
situations. There are even flowcharts, tables
disadvantaged simply because you don’t know
and guides to help you get your head around
how far you can push, or how much protection
things.
you (or they) are afforded. Understanding The Basics
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Exactly How
According to Sharon, the main areas of law
But the law can be difficult to understand. I
that concern photographers are copyright,
would be a wealthy person if I earned one
ownership, trade marks, moral rights and
dollar for everytime a photographer confused
misleading or deceptive conduct.
copyright and contract law. Photographers
know that copyright can protect them, but few
over to the questions that all photographers ask
know exactly how.
when creating their work: What happens when
I photograph people? If I own the copyright,
Well, here’s your chance to learn exactly
She explains these in Part 1 and then moves
how. Owning It: A Creative’s Guide to Copyright,
can I still use the photo however I please? What
Contracts and the Law is a must-have book
happens if I’m shooting in a public place? Can I
for every professional photographer because
photograph public buildings?
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Obviously the answers can depend on
infringed, Sharon explained that it’s not always a
who you are and what you’re doing, so in
black or white answer.
the next section, Sharon looks at how the
law specifically applies to a range of creative
carefully worded warning letter and everything
disciplines, including photography, film and film
will work out, but if you take them to court it
production.
can be costly.
The fourth section provides commonsense
“Sometimes you can just send people a
“You also have to be very sure that they have
advice about a range of business topics,
copied your work - sometimes their ‘copy’ might
including business structures, business names,
look the same, but it could have been created
contracts, model releases, royalties, trade
by sheer coincidence”, she added, referring to
promotions and even insurances.
the complexities with which lawyers regularly
deal with.
This is a great reference source and while
not necessarily bedside reading, we need to
remember that this is our livelihood. What we
internet, Sharon suggests that watermarks and
learn can seriously improve how much we earn
metadata are a photographer’s best defence.
over our lifetimes.
simple English and it will also give you ideas you
The final section is titled Prevention and
In terms of protecting our work on the
Added Sharon, “The book is written in very
Cure. What practical steps can you take to
may not have thought about before, or different
protect yourself from being ripped off, and
ways of approaching an issue.”
when you inevitably are, what can you do about
it?
professional photographer.
This book is highly recommended for every
Sharon even talks a little about how to work
with lawyers and get the best from them!
Sharon Givoni has worked for some of Australia’s top-tier law firms and has been in her own practice
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Challenges And Gifts
for over 15 years.
“I think the internet is the biggest gift and
Owning It: A Creative’s Guide to Copyright, Con-
the biggest challenge for professional
tracts and the Law, by Sharon Givoni, is published
photographers”, said Sharon. “It’s great for
by Creative Minds Publishing.
exposing your work, but it’s also easy for people
Although available at selected bookshops, it’s prob-
to circumvent many of the protective measures
ably easiest to order via the online shop. See more
photographers put in place.”
at: http://www.creativemindshq.com
Asked what we should do if our rights are
The price is $75 plus postage.
A screen grab from the Creative Minds website showing the contents in Sharon Givoni’s book, Owning It: A Creative’s Guide to Copyright, Contracts and the Law. http://www.creativemindshq.com
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Photo Books For Weddings & Portraits D on’t sell yourself shor t! S ell your editing, design and stor ytelling skills as well as your photography. Libby Jeffery from Momento Pro suggests you are a Creative Director, not just a Photographer.
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For most of us, it’s hard to charge a premium
last 10 years, and she sees how professional
fee when you’re just handing over a USB stick
wedding and portrait album designs stack up
with a folder of JPEGs, and yet unless we charge
against the general public’s. “Photographers
properly for our work, we won’t be able to
have a natural understanding of composition,
remain professional photographers for very long.
white space and balance. Most people don’t.
According to Libby Jeffery from Momento
“I know some photographers aren’t natural
Pro, we need to value what we do more highly.
born designers and don’t feel they can design
“One thing that fascinates me is how poorly
an album on their own, but there are templates,
many photographers market themselves. Those
tools and people around who can help make
who do it well are very successful, while those
the process a lot easier. Many consumers don’t
who struggle are really missing out.”
even know where to find these tools or how to
use them to capacity.
Interestingly, says Libby, the standard of
photography is not the distinguishing feature.
Many of the best marketers will be the first
product that clients will want to buy - but you
to admit they are not necessarily the best
have to offer the product in the first place, and
photographers, yet they make great sales. The
you need to show them an example. People
problem, Libby suggests, is one of confidence.
buy what they see!”
“Some photographers don’t feel they can ask
“You can use them to produce a high value
Don’t underestimate the market for high-
for a higher price for their album or photo book.
end finishes or production either. At the
They’re uncomfortable about putting on a big
recent Melbourne Art Book Fair held at the
mark-up, but I think this is because they don’t
NGV, over 16,000 people visited which was a
value their design skills highly enough.”
stunning result. People were selling and buying
everything from $5 self-published zines to
And Libby would know. She’s seen
thousands of photo books pass through
$2000 limited edition artist books with gold leaf
Momento Pro’s production facility over the
finishing. It suggests a renewed appreciation
Momento Pro’s Libby Jeffery with a Grand Lay-flat Matte book, Postcards From Home, by WA photographer and self-publisher Sam Harris.
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for craftsmanship, locally-made and things that
and materials. Tactile, natural fibres and matte
can’t be mass-produced.
finishes are popular in fashion and design right
now, so in July Momento Pro is adding Vanilla
Libby references a number of photographers
who are successful at selling photo books as
Bean and Salt + Pepper Linen covers to its
part of their services at a premium price.
range, and recommend Lay-flat Matte, Matte
Ultra White and Cotton-Rag paper. A matching
“They are heavy users of fine art inkjet paper
photo books and they never apologise for
Clamshell box with the client’s name embossed
the quality of what they offer. In fact, it’s their
on the front and your logo on the back, also
insistence on high quality and their belief in
provides a ‘luxury-good’ style of finish.
their creativity that allows them to sell more.”
pack of 20 or 50 wedding thank you cards or
So what does Libby recommend from
Another suggestion from Libby is to gift a
Momento Pro’s wide selection of photo books?
personalised greeting cards for portrait clients.
“Add a photo of the clients on the front and
“If you want something that’s different and
can’t be found in the consumer market, you
your logo on the back, and you’ve created a
can’t go past a Fine-art Cotton-Rag Inkjet book.
cost-effective piece of advertising that will
They’re printed using Epson Ultrachrome K3 inks,
be sent to people of marrying age and/or
Hahnemuhle spray coated for extra protection,
recipients who may be inspired to book their
then section sewn for perfectly flat pages.
own portrait shoot.
“Section sewing is important because
”In our world of information overload,
everyone currently wants the lay-flat look. It
personal referrals cut through and are one of
also allows you to sell your clients on the fact
the most influential forms of advertising.
these books are completely hand sewn and
handmade.”
packages, do your images and your creativity
justice by presenting them in a stylish box or
While it’s possible to do books with up to
“At the very least, if you do sell digital-only
400 pages, a popular option is a Grand (A3)
folio that reflects the quality of your brand – and
square book with 25-35 spreads (50-70 pages in
don’t forget to feature your logo on the back!”
Momento terminology). When you add in the cover and embossing, this adds up to around
You can see all of Momento’s products at www.mo-
$800 and photographers could be selling this to
mentopro.com.au/aipp. Register on the website as a
their clients for two or three times the cost.
professional or student photographer and you can
be eligible for a range of benefits including up to
Packaging is important too. You can add
perceived value by choosing trending colours
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25% trade discounts and 40% off studio displays.
(Top) New Salt & Pepper Linen on a Prestige Mount, Square Edge album (below) new Vanilla Bean Linen with copper embossing on a CD/DVD Folio. New products available from 1 July 2015. Imagery by James Simmons and Tracy Stamatakos.
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