Asmp spe14 phonerings

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Business & Mgmt

Published on March 7, 2014

Author: richardkellyphoto

Source: slideshare.net

Description

What to do when the phone rings a live presentation at the SPE 2014 Industry Conference in Baltimore sponsored by ASMP.

the phone rings, now what? Richard Kelly Friday, March 7, 14

A ME R I C A N SOCIETY OF MEDIA P H O T O GRAP H ERS Richard Kelly Photographer & Educator - ASMP past president @richardkellypho kelly@asmp.org richard kelly lectures on Facebook Friday, March 7, 14

http://bit.ly/1hQkZ0O Friday, March 7, 14

professionals Friday, March 7, 14

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cover photo © Michael Cooper Friday, March 7, 14

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“ what makes you different? ” Friday, March 7, 14

“i s i t y o u r price? ” Friday, March 7, 14

“o u r y trendy style? ” Friday, March 7, 14

“o u r v a l u e y proposition? ” Friday, March 7, 14

“ … be able to articulate exactly what your value proposition is. Peter Krogh • ASMP Strictly Business Blog • October 2012 ” Friday, March 7, 14

“ … be able to articulate exactly what your value proposition is. Peter Krogh • ASMP Strictly Business Blog • October 2012 ” Friday, March 7, 14

“ … be able to articulate exactly what your value proposition is. Peter Krogh • ASMP Strictly Business Blog • October 2012 ” Friday, March 7, 14

“ there are no small decisions in filmmaking Sidney Lumet, Director • Making Movies • Vintage 1996 ” Friday, March 7, 14

“ there are no small decisions in filmmaking Sidney Lumet, Director • Making Movies • Vintage 1996 ” Friday, March 7, 14

“ there are no small decisions in photography ” Friday, March 7, 14

“ is your where confidence? ” Friday, March 7, 14

artistic vision planning financial marketing Friday, March 7, 14

business advisors team building production team accountability Friday, March 7, 14

...instills confidence ... use contracts ...has liability insurance professionals ...gets model releases ...registers my copyrights ...adds production value Friday, March 7, 14

estimate invoices contracts terms & conditions Friday, March 7, 14

c rea ti ng Friday, March 7, 14 val ue : e sse n tial tool s

estimate Friday, March 7, 14

Bid or Estimate what is the scope ? terms and conditions License / usage / © exclusivity / portfolio use advance & payment terms weather and cancellations Friday, March 7, 14

terms & conditions Friday, March 7, 14

c rea ti ng val ue : e sse n tial tool s Text Friday, March 7, 14

c rea ti ng val ue : e sse n tial tool s Terms & Conditions AGREEMENT- This agreement between the undersigned photographer (hereafter “Photographer”} and the undersigned client, (hereafter “Client”) governs the assignment described in the accompanying cost estimate, and along with these Terms & Conditions, constitutes the entire agreement between the parties concerning that assignment. ESTIMATES/BIDS- The fees quoted by the Photographer are for the original job description as presented by the Client. Any subsequent changes whether made orally or in writing, may result in additional charges. The accompanying quote is a good faith estimate of the time and expenses the Photographer anticipates. The Client understands and agrees that the Photographer will bill for actual time and expenses incurred, which may be greater than that which was quoted. DEFINITIONS- “Publicity” use is when the Client submits photographs to an outside publication (whether print or electronically) for editorial use and the Client(or their client) is not paying for that use. “Advertising” use is when the Client (or their client) is paying for the placement of a photograph in whatever media it appears, such as in a newspaper, magazine, billboard,or web site. “Collateral” use is when the photographs appear in a publication that the Client produces, such as a magazine, annual report, brochure, pamphlet, poster or web site and whose audience is employees, customers, shareholders, or the general public. “Personal Display” use is when a photographic print is hung in a home or office and will not be seen by the general public. “Commercial Display” use is when a photograph is hung in a public place. PAYMENT- Advance payment may be required to initiate production. Client shall make final payment within 30 days of invoice. Late payments will be billed a $20.00 / month handling fee and 1.5% / month interest. Please make checks payable to INDIGO FACTORY, INC. COPYRIGHT- Grant of any reproduction rights to the Client is conditioned upon receipt of full payment in full. All rights not expressly granted shall be reserved by the Photographer. Modification of Photograph(s) and/or incorporation of Photograph(s) in any layout or concept shall not constitute a joint work. ADDITIONAL USE- If Client wishes to make any additional uses of the photographs not covered in the initial agreement, Client shall obtain permission from the Photographer and pay an additional fee to be agreed upon. CANCELLATIONS,POSTPONEMENTS- In the event of a cancellation or postponement of a shoot by the Client or subject, Client shall pay all expenses incurred by the Photographer up to the time of cancellation, plus a fee to be agreed upon. If a shoot is canceled within 24 hours of departure for the shoot, Client shall also pay 50% of the anticipated photographic fee and 100% of the anticipated fees of any subcontractors booked for the job. CLIENT REPRESENTATION- The Client is responsible for the presence of an authorized representative at the shoot to approve the Photographer’s interpretation of the assignment. If a Client representative is not present, the Photographer’s interpretation shall be deemed acceptable. AUTHORSHIP CREDIT- A credit in the name of the Richard Kelly Photography shall accompany his photographs whenever practical. INDEMNIFICATION- Client hereby indemnifies and holds the Photographer harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from Client’s use of Photographer’s work. The Photographer similarly indemnifies and holds Client harmless against ant and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from Photographer/s negligence. TURN AROUND TIME- Normal Schedule for web photo gallery or processed files is 96 hours plus any retouching. There will be an additional charge fro rush service, plus retouching time. Friday, March 7, 14

c rea ti ng Friday, March 7, 14 val ue : e sse n tial tool s

definitions indemnification clause often referred to as a HOLD HARMLESS clause Friday, March 7, 14

definitions jurisdiction where & how any disputes will be handled. Friday, March 7, 14

invoice Friday, March 7, 14

c rea ti ng Friday, March 7, 14 val ue : e sse n tial tool s

c rea ti ng Friday, March 7, 14 val ue : e sse n tial tool s

c rea ti ng Friday, March 7, 14 val ue : e sse n tial tool s

c rea ti ng Friday, March 7, 14 val ue : e sse n tial tool s

wedding contract Friday, March 7, 14

spell out the participants, venues & contact info (who is paying) services provided > for what fees terms and conditions © > who owns what photographers use of pictures retainer & refunds failure to perform Friday, March 7, 14

definitions limiting liability <instills confidence> Friday, March 7, 14

change orders purchase orders other paperwork pricing schedules Friday, March 7, 14

liability insurance Friday, March 7, 14

model releases Friday, March 7, 14

c rea ti ng Friday, March 7, 14 val ue : e sse n tial tool s

model releases piece of mind Sentence / Statement Friday, March 7, 14

model releases rights of privacy Sentence / Statement Friday, March 7, 14

model releases … can I capture a moment? Sentence / Statement Friday, March 7, 14

model releases ... what I can do with picture? Friday, March 7, 14

model releases things have changed… Sentence / Statement Friday, March 7, 14

model releases legal considerations person must be recognizable Friday, March 7, 14

model releases property Friday, March 7, 14

model releases property not just real estate pets, personal artifacts... Friday, March 7, 14

model releases trademarks exclusive right to a mark or symbol Friday, March 7, 14

c rea ti ng Friday, March 7, 14 val ue : e sse n tial tool s

c rea ti ng val ue : e sse n tial tool s © Richard Dale Kelly Friday, March 7, 14

c rea ti ng val ue : e sse n tial tool s http://www.istockphoto.com/tutorial_copyright_list.php Friday, March 7, 14

model releases anatomy of a release risk assessment • start a conversation and gather contact information Friday, March 7, 14

c rea ti ng val ue : e sse n tial tool s In consideration of my engagement as a model, and for other good and valuable consideration herein acknowledged as received, I hereby grant the following rights and permissions to ("Photographer"), his heirs, legal representatives, and assigns, those for whom Photographer is acting, and those acting with his authority and permission. They have the irrevocable, perpetual and unrestricted right and permission to take, use, re-use, publish, republish, transmit and display photographic portraits or pictures, still or moving, of me or in which I may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations, in conjunction with my own or a fictitious name, or reproductions thereof in color or otherwise, made through any medium at his studios or elsewhere, and in any and all media now or hereafter known, specifically including but not limited to print media and distribution over the internet for illustration, promotion, art, editorial, advertising, trade, or any other purpose whatsoever. I specifically consent to the digital compositing or distortion of the images, including without restriction any changes or alterations as to color, size, shape, perspective, context, foreground or background. I also consent to the use of any published matter in conjunction with such images. I hereby waive any right that I may have to inspect or approve the finished product or products and the advertising copy or other matter that may be used in connection with them or the use to which they may be applied. I hereby release, discharge, and agree to hold harmless Photographer, his heirs, legal representatives, and assigns, and all persons acting under his permission or authority or those for whom he is acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the making of such images or in any subsequent processing of them, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy. I hereby warrant that I am of full age and have the right to contract in my own name. I have read the above authorization, release, and agreement, prior to its execution, and I am fully familiar with the contents of this document. This document shall be binding upon me and my heirs, legal representatives, and assigns. Friday, March 7, 14

model releases make reasonable requests start a conversation get contact data Friday, March 7, 14

c rea ti ng Friday, March 7, 14 val ue : e sse n tial tool s

model releases permissions can be specific •sensitive issues •minors •digital manipulation Friday, March 7, 14

c rea ti ng Friday, March 7, 14 val ue : e sse n tial tool s

copyright registration copyright act of 1976 United States Constitution Article 1, Section 8, Clause 8 Friday, March 7, 14

“ “The Congress shall have Power... To promote the Progress of Science and useful Arts, by securing for limited tıme(s) to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” United States Constitution, Article I, Section 8 ” Friday, March 7, 14

“ “The primary objective of copyright is not to reward the labor of authors, but "[t]o promote the Progress of Science and useful Arts." To this end, copyright assures authors the right in their original expression, but encourages others to build freely upon the ideas and information conveyed by a work.” Feist Publication, Inc. v. Rural Telephone Service Co., 499 U.S. 340, 349-50 (1991) ” Friday, March 7, 14

Keyword, List Word Keyword, List Word to reproduce your work copyright act of 1976 to modify your work to distribute Keyword, List Word Friday, March 7, 14

copyright registration copyright act of 1976 Registration is no longer necessary to obtain the copyright to a work. Friday, March 7, 14

copyright registration copyright act of 1976 Registration is required to receive the fullest protection of the law. Including Statutory Damages and Attorneys fees Friday, March 7, 14

copyright registration Berne converntion 1989 • brought the united states in alignment with the world • eliminates published works requirement © notice Friday, March 7, 14

copyright registration you create it = you own it • exceptions : copyright transfer • exceptions : work made for hire : contract • exceptions : work made for hire : employee Friday, March 7, 14

copyright registration license = permission • exceptions : copyright transfer • exceptions : work made for hire : contract • exceptions : work made for hire : employee Friday, March 7, 14

copyright registration infringement unauthorized use Friday, March 7, 14

copyright registration fair use unauthorized use Friday, March 7, 14

scholarship research fair use parody criticism to news reporting education Friday, March 7, 14

copyright registration d.m.c.a • safe harbor • take down notices Friday, March 7, 14

copyright registration registration requirements • work is original • you have not signed away your copyrights Friday, March 7, 14

copyright registration registration requirements • application • payment • deposit requirement Friday, March 7, 14

copyright registration registration requirements published and unpublished have to be registered separately Friday, March 7, 14

your web site your blog published social media sites news papers magazines print ads Friday, March 7, 14

printed portfolio un-published wedding albums password / web gallery magazines public exhibition ? print ads Friday, March 7, 14

copyright registration registration requirements must register before infringement 3 month exception for published works Friday, March 7, 14

ASMP Best Practices register before publication register before work is delievered to client register before posting to online web & social media register as unpublished use the electronic copyright office • eCo Friday, March 7, 14

c rea ti ng Friday, March 7, 14 val ue : e sse n tial tool s

production value smoke & mirrors your special sauce : ) Friday, March 7, 14

SL I D E Friday, March 7, 14 F OOT E R (ALL CAP S )

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