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Portrait Photographers, Respect Thy Client’s Wishes … Or Not

May 24, 2013 by Rachel Brenke

Rachel Brenke is the lawyer & photographer owner of The Law Tog, a site is dedicated to providing legal, marketing and biz advice to photography businesses with maximum efficiency and results. Through business consulting services and her published book “The Laundry List: A Mother's Guide to Balancing Family and Business,” Rachel provides guidance in practical ways for photography business owners to succeed. Check out Rachel's Facebook page.

The phrase “the client is always right” just may be going out the window as more of society seeks to push the boundaries of what they can ‘get’ for their money. As business owners we have to balance customer service and standing-our-ground to protect our business.

This balancing act can be tiring and have detrimental results if not handled correctly. However, a major client concern that carries a legitimate argument revolves around the publication of minors on the Internet. In this digital age there is a very real worry for parents as photographs are placed on the World Wide Web with little to no control over who views or possesses these photographs. Despite photographers taking measures to watermark and right-click-disable their websites, intellectual property thieves and child predators possess tools to get around these precautions.

As a portrait photographer having a portfolio is a necessity but the question to ask is … at what cost? On the flipside, why shoot if you’re not going to be able to share that session and gain new clients? This situation puts photographers between a rock and a legal place.

Whenever a photography session takes place that is a private contractual relationship and the intention is to use the pictures on website, portfolio, studio samples or any other marketing avenues the photographer should obtain a signed model release. Unless it is otherwise written in the contract in similar language, if the photographer does not obtain a signed model release the photographer is unable to use the photographs for marketing or portfolio use until such release is obtained.

It is always best practice to get it before hand. In this case, with clients insisting on not publishing photographs of minor children on the Internet, it is important for the photographer to balance potential word of mouth against whether it is worth turning down the session due to the inability to use the photographs publicly.

#1 Eliminate Model Releases – No Questions Asked

Yes, photographers need portfolios, however, at what cost? This is a personal business decision each photographer will have to make. A good rule would be to err on the side of the client’s wishes, as they are legitimate concerns, honor the elimination of a model release to inspire future word of mouth clientele.

#2 Charge More For A Session Without A Model Release

An alternative would be too charge more for sessions that are not accompanied with a signed model release to compensate the photographer for potential lost marketing that could have occurred with the publication of the photographs.

#3 Written Agreement To Not Divulge Names, Faces Or A Combination Of Both Names & Faces

The last option is a middle-of-the-road that requires an amendment to the model release by agreeing in writing to not divulge identifiers such as names, faces, personal characteritistics or a combination of the above. This can be partnered with a discretionary fee to the client or not.

Bet you thought I’d give you the be-all and end-all answer, huh? Sorry.

This is something that each photography business owner has to weigh and determine what is best for their clients and business. These are just few of the options available to photographers that can respect the client’s wishes, photographer’s or both.

Feel free to leave in comments any other ways you have found to successfully navigate this precarious area of client management and the law!

“If the photographer does not obtain a signed model release the photographer is unable to use the photographs for marketing or portfolio use until such release is obtained.”

Learn more about the model releases Rachel offers on her website here.

Filed Under: Marketing, Photography Tagged With: clients, Marketing, Model Release, Photographers, portrait photographers

Photographers, Learn How To Get Totally Booked

November 6, 2012 by Seshu | Editor & Publisher

If you are a wedding photographer, you are heading into the quiet months when you will be meeting and planning your photo shoots for next Spring or Summer. Portrait photographers either have a bevy of photo shoots scheduled inside where it is warmer or are braving the cold temperatures outdoors (at least here in New England where I live) to photograph their clients. Either way, the goal is to be totally booked. Question is: are you? Can your calendar be full, to the point where you have to start a waiting list? Won't that be awesome? (I am hearing a resounding YES).

I wanted to tell you that Sarah Petty and her crew at The Joy Of Marketing are launching a new program today called “Get Totally Booked” for photographers today.

If you enjoy learning and implementing what you have learned from successful photographers like Tamara Lackey, Jerry Ghionis, Tim Walden, Josh Hudson, Lori Nordstrom, Julie Klassmeyer, Jeff & Allison Rodgers, Laura Novak, Joy Bianchi-Brown & Jules Bianchi, Rod Evans, Vicki Taufer and Jeff Richardson.

Get Totally Booked Speakers

This is a FREE event over two days – November 6th (did you vote?) and November 7th. If you are not around at home and in front of your computer, you can order all of the recordings here. While that is an affiliate link to Get Totally Booked, I have to tell you that I invested in this program as well.

The cost is $59, but only until it launches at 10 am EST. Then it is expected to go up. Plus, you'll receive over $200 in bonus offers from Marathon Press, whcc, ProSelect, Jill-e Bags and PWD Labs.

For me, programs like “Get Totally Booked” where I am taught how to do something better are incredible value. Just look at the full schedule here and decide. But do so quickly

Get Totally Booked Options

Filed Under: Marketing, Photography Tagged With: clients, get totally booked, joy of marketing, Marketing, Photographers, portrait photographers, sarah petty

3 Months Of AnimotoPro Free For You

December 11, 2011 by Seshu | Editor & Publisher

For a limited time – that's until December 31 of this year – when you sign up for AnimotoPro, you'll get 3 months added to your account. That's 15 months for the price of 12. Not too shabby, eh?

And, yes, full disclosure, I get something out of this too. For every one of you who signs up using my affiliate link, I also receive 3 months added to my account.

WHY ANIMOTOPRO?

It's simple. It's elegant. It's easy. It's customizable. You can set the video resolution from 360p to 480p to 720p (HD). It can drive traffic back to your site, especially if you embed your slideshows on Facebook. And who doesn't want quality clients these days, right?

So check AnimotoPro out to see if it is the slideshow program for you and your workflow. Once I process and retouch images, I save the images to a “slideshow” folder. I use AnimotoPro's classy interface to upload the images (this is perhaps what takes the most time). Then as it is uploading, you can choose one of the many songs (I found the selections to be diverse). The “Advance Settings” allow you to title and describe the slideshow and also hide the “Animoto” branding.

MY WISH LIST FOR ANIMOTO PRO

Here is my wish list for what Animoto could do better – 1) the ability to loop in two or more songs for a slideshow and 2) branding the slideshow with my own logo (you'll see below that I hacked my way through it by inserting an end slide with my logo and contact information).

A SAMPLE SLIDESHOW

Here is a sample slideshow I processed in about 15 minutes. I uploaded the images, chose a theme, decided on a song (you also have the ability to upload your own choice) and added text and other link backs to my website.

I am convinced that the service will pay for itself very quickly. Imagine the impact it will make with your clients. With AnimotoPro you can also download the slideshow, create a special DVD for your clients and either gift it to them or charge them for the added value you are providing them. In any event, it is a win-win.

THE DEAL ENDS ON DECEMBER 31, 2011

If you have been on the fence about working with Animoto, now is the time to get down to business. Between today and December 31, you and I will both get 3 months free if you decide to subscribe to AnimotoPro.

IF YOU SIGN UP …

If you sign up with AnimotoPro and use their service, please come back and leave a link to your slideshow in the comments below. I would love to see how you end up using it.

Filed Under: Photography, Web/Tech Tagged With: AnimotoPro, clients, dvd, highlights, Marketing, slideshow

Please Don’t Just Give Your Clients The CD or DVD!

September 9, 2010 by Guest

Alethea Cheng Fitzpatrick, AvatarThis is a guest post by Alethea Cheng Fitzpatrick, NYC based architect, interior designer, photographer AND mom! Alethea has her own business, alethea cheng fitzpatrick photography.

I hear photographers talking about digital images all the time.

I've noticed that portrait photographers tend to be the ones bemoaning the fact that their clients “just want the CD”. Mostly it's because those same clients also think that the CD should be really inexpensive, because it “didn't cost the photographer much” to make.

Alethea Cheng Photography

Wedding photographers, on the other hand, often celebrate the fact that their clients don't really want albums any more. They claim that it's hard to make money off albums because they take so long to design and cost so much to make. They are quite happy to wow their brides and grooms by having an iPad pre-loaded with all their photos waiting on their doorstep when they return from their honeymoon.

The different perspectives are interesting, and there's a simple reason for the difference – wedding photographers typically charge up front for a package and include the high resolution files because they are already assured of the sale. Portrait photographers depend on post-session sales and, unless properly priced, high res files undercut their other products.

Alethea Cheng Photography

But regardless of the type of photographer you are, in both cases I strongly believe that you are doing your CLIENT a disservice if you only give them the CD. It is not in their best interest!

Here's why.

Fifty years from now, where is that iPad going to be? Where is that CD going to be?

What about a hundred and fifty years from now? Or longer?

Technology is going to COMPLETELY change, I don't need to tell you that, but have you thought about how your super fancy high resolution digital images of today… might not look so good on technology down the road, or might not be viewable at all? Now, I do not have any expertise in “future proofing” digital files, but then, you probably don't either, and nor do your clients. And a quick Google search seems to show that … no one really knows, and one recommended strategy is to make hard copies of important documents and photos!

Yes, your clients may upwardly convert their files, but do you want to depend on that?

Alethea Cheng Photography

Prints and albums (of archival quality – which of course you are going to provide) are your most future proof medium. They can sit on a shelf for years and still be viewed with no additional effort required by anyone.

But even aside from the future proofing issue, even assuming that the format you pick for your digital images is readable forever, is that really the only way you want your clients to experience your images?

Forget 50 years from now, even tomorrow, does viewing a digital images come anywhere close to the experience of holding viewing an actual physical piece of artwork in person?

Honestly? If you think it does then, seriously, you are not getting your prints made at the right lab!

Alethea Cheng Photography

I love my prints – love love LOVE them, and so do my clients. In fact, some of my clients start out thinking they just want the high resolution files but after they see the artwork products I offer (including museum quality framed and bamboo mounted prints, custom designed heirloom photobooks on presentation stands and beautiful notecards), they “get it”. Often they end up with everything BUT the high resolution files they started out so concerned about and are very happy about it.

Why?

Well, first of all, don't get me wrong, I'm not saying DON'T offer digital files. I absolutely understand the importance and value of digital files and I offer them to all my clients. I'm just saying that to ONLY provide digital files is doing your clients a disservice. I follow the recommendations that Alicia Caine makes in Easy As Pie (I highly recommend this resource by the way – well worth the investment). I offer high resolution files but a la carte, they are the most expensive item on my price list, and it's actually less expensive for clients to purchase high resolution files AND a proof box. I also offer low resolution web-sized watermarked files but only after a minimum purchase of other artwork has been made. Basically, my pricing is structured in a such a way that no client ends up with only digital files.

So how do clients end up changing their mind about the high resolution files?

Well, first of all, a big reason people want digital files is so they can share them online and via e-mail, and the low res web files take care of that. It helps that I offer my low res web files in the form of a finished product – an online digital storybook that is a cohesive presentation, designed and paced to tell a story, and set to licensed music. It can also easily be shared in a matter of clicks.

Secondly, they want them for archival purposes, but as we've discussed, hard copies are better for that.

Finally, they want the freedom to make their own prints in the future … and those that are really motivated to have this option available are willing to pay for it (or I am just not the right photographer for them). But most clients, when it comes down to it, and presented with the beautiful artwork options I offer, plus the fact that I sit with them and help them select their images and put together their order, not to mention frame, deliver and install their custom designed wall gallery, know deep or even not so deep down that they will not make such beautiful artwork themselves, and even if they had the resources and knowledge to do so, probably would never get around to it.

Alethea Cheng Photography

Think about it. If you hand your client a CD, they have to put it in their computer, open it up, download them to their desktop, sort through the images, select the ones they want to print, upload them to a printing service, collect or receive their prints, get them framed, buy the hardware to hang them, and then hang them.

Yes, some clients are very motivated and will do this. But most of my clients are busy professionals and they want to spend their spare time hanging out with their kids, not traipsing to a framer or a hardware store.

And how many clients can design an album? How many will?

Alethea Cheng Photography

My high resolution digital files are my highest priced a la carte product, because if they were any less, I would be underselling all my other products. But I feel that my clients get a LOT more value out of ordering artwork and albums from me, and after a certain spend level, I actually throw in the high res files at what works out to be pretty much for free as part of a collection.

Many photographers follow a “shoot and burn” model I know, and if it works for you, great. But if you're doing it because you think that is what clients want, consider whether it really is in their best interest, not to mention yours. You know how I feel about it – please don't just give them the CD!

How do you handle high resolution files for clients? How about low resolution files? What is your take on delivering just the digital images and nothing else to clients? Who wins and why do your clients almost always lose?

Filed Under: Most Popular Posts, Photo Biz Tagged With: alethea cheng fitzpatrick, cds, client, client expectations, clients, compact disc, customer service, digital file, digital imaging, digital media, electronics, filing, image processing, image resolution, Photographers, Photography, Photography Business, portrait photographers, storage, Wedding Photography

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About Seshu

Seshu creates relaxed portraits of families and high school seniors in Avon, Connecticut. He also leads a successful headshot photography studio in Connecticut, helping professionals from a variety of disciplines project the very best versions of themselves. He created Tiffinbox as a way of inspiring photographers, to create better images and successful businesses. [Read More]

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