Mainecoonmaniac
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- Dec 10, 2009
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Technology will progress whether we like it or not. I studied to be a photographer back in the 80's and was a professional for close to 10 years. Business got really tough. I saw the writing on the wall and I gave it up. However, while studying photography as an undergrad, I was fortunate enough to use the Macintosh SE computer. Photoshop didn't exist then nor the internet. I went back to night school at my local junior college and got another degree in Graphic Communication and got my feet wet with Photoshop and desktop publishing.Technology has robbed any respect for creativity in this world. Everyone assumes anyone can take a photo. Everyone assumes you're born with the ability to draw, and everyone has a nephew who can draw and will do it for free. Everyone assumes that owning a DSLR makes you a pro because the camera does all of the work.
Delaying payments through deception can be a strategy to keep a company financially liquid. Yeah, the business world can be downright evil, and these evil types are frequently rewarded for their ways. Some people give up on their money because it's too much trouble to pursue it, and the people in charge of those companies get applause because "they improved the financials!". Since she had a written contract, she at least didn't have to go to court and didn't incur legal costs. Good for her!My wife did both. The last job catalog she shot was for about 2,000 images of various auto transmission parts. He originally offered to pay her 10 cents a photo. His argument was the camera did all of the work and all she had to do was click a button. After months of negotiations, she finally got him up to $3 a photo. After it was all done, she gave him the photos and he tried to stiff her on the money. She had to threaten to hire a lawyer and remind him the contract he signed meant he would lose in court, and have to pay her legal fees and court costs. Months later, he finally paid her. This is a company that has about 100 employees and does business all over the world, so you know they had no problem coming up with $6,000. Later, this same company called her up and asked her to steal photos from a competitor's website and remove their watermarks to use on their own. She refused and reminded him it was illegal. He argued that every photo on the internet is free and yelled at her for refusing him. He still calls her about once a year to see if he can get more photos from her, but she refuses, as it just isn't worth her time.
It's awful if you had to chase your money, and possibly lost some or most of it, but losing a house to foreclosure is no fun either. That family was probably broke to begin with, or at least went broke during or right after the wedding. Whatever happened here, it did most likely not happen out of malice, and I really don't think it's a common occurrence.Wedding photography is even worse. [...] The family members will often send you to other family members to collect your money in an endless loop of denial. Then, after going through months of trouble, you finally take the bride and groom to court. Only they don't show. And they lose. But the judge can't do much, outside of putting lean on their home or something. Then they get foreclosed on their house and skip town and the bank takes over the house, and you have to take the bank to court. Suddenly you've spent more money on lawyers than you're owed.
It's great. I used an ASMP form(s) for years. The contracts protect photographers. I got a call for a job and the prospective client wanted to use their own contract. It was so one-sided that I just flat out refused the job.Anybody seriously interested in these issues should look into PPA. https://www.ppa.com/ Membership sometimes brings business.
PPA has for decades been the ultimate American source of expertise in these areas. Regional associations depend upon PPA.
In this largely digital age where we look to buy on the Internet good photography will easily help tip the balance.
This is true, however very few people/businesses are willing to pay for it. I do a lot of catalog/product photography and I can’t tell you how many people think that they can just take the photos with their iPhone and have the tech kid working for them photoshop it.
Sometimes after all that, they realize it looks terrible, and either do nothing about it because the product doesn’t make enough money to justify it, or if it does, have professional pictures taken. For the vast majority of products, if selling online, unless it’s a huge seller there’s typically no budget for good product photos, and if it is a huge seller, they rarely have incentive to make good photos because it’s already a huge seller.
Delaying payments through deception can be a strategy to keep a company financially liquid. Yeah, the business world can be downright evil, and these evil types are frequently rewarded for their ways. Some people give up on their money because it's too much trouble to pursue it, and the people in charge of those companies get applause because "they improved the financials!". Since she had a written contract, she at least didn't have to go to court and didn't incur legal costs. Good for her!
It's awful if you had to chase your money, and possibly lost some or most of it, but losing a house to foreclosure is no fun either. That family was probably broke to begin with, or at least went broke during or right after the wedding. Whatever happened here, it did most likely not happen out of malice, and I really don't think it's a common occurrence.
That was the case even before Digital, someone in the company might do the photos or they had a friend.
ian
I agree, you are in a bad position, if you have already made a delivery and only then discover, that agreed on payment is less than certain. You are in an equally bad position, though, if you have made the pics, went through all the effort, and the client suddenly becomes itchy about payment. It's not like you could sell these pics to someone else or use them for yourself, and going to court will inevitably lead to a "both these pics are useless, not what I wanted, not what I ordered, too expensive for what they are, whatever" situation, which may be difficult to sort out. At the same time no client would (or should) pay upfront to a person just entering the field or with no recognizable brand name.With me, at least 50% payment is due at contract signing, or I do nothing except start seeking out the next paying assignment, and the rest is due on delivery, or you get nothing. Never, ever, deliver images without payment. They either have the cash to pay you, or they don’t.
I agree, you are in a bad position, if you have already made a delivery and only then discover, that agreed on payment is less than certain. You are in an equally bad position, though, if you have made the pics, went through all the effort, and the client suddenly becomes itchy about payment. It's not like you could sell these pics to someone else or use them for yourself, and going to court will inevitably lead to a "both these pics are useless, not what I wanted, not what I ordered, too expensive for what they are, whatever" situation, which may be difficult to sort out. At the same time no client would (or should) pay upfront to a person just entering the field or with no recognizable brand name.
The main problem is, that rules ("don't lie", "don't steal", ...), which are commonly accepted in social circles, do not have much value in a business environment. This is a new concept to grasp for most entrants into the commercial world.
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