Photography Contracts, Social Media and Business

I read an interesting article today online about a bride and groom who slammed their wedding photographer on their social media outlets, which allegedly resulted in a loss of business for the photographer and they were ordered to pay $1.08M. House surrounded by construction site, Atlantic City, NJThe article stated that the photographer’s contract required that the client must submit an order form and select a cover photo before the album could be completed (cost of the album was included) and the hi res photos could be released. Even though the couple had signed and submitted an order form, they objected to paying $125 for the cover because they felt that should be part of the album as they explained on their local NBC affiliate. After weeks of going back and forth, the photographer learned that the couple had taken the story to the media saying that the photographer was “holding their pictures hostage”. The couple also made other disparaging statements on social media and blogs, which resulted in a loss of business for the photographer.

After being in business for well over three decades and having been a member of my trade organization ASMP for the same amount of time, I know all about the importance of contracts. In the litigious society we live in, it’s imperative to have a contract when doing business. It’s also important to spell out the details clearly about what is included and what isn’t. In addition, because photographers are always being asked to sign their clients’ contracts, it is critical, yet tedious to scrutinize those contracts before you sign them and be prepared to negotiate terms if they are not acceptable. However, even when contracts have been agreed on and signed, things can still go south as in the case mentioned.

There will always be issues because all humans are different. Ultimately, I think some are honorable and some are not. We live at a time when rumors can go around the globe in a matter of seconds and the lines between truth and lies have been blurred with “alternative facts”. I think it all comes down to common sense and trust. I don’t shy away from social media but I don’t believe everything I read. I don’t think I have ever done business solely online with someone. At the very least I will have a phone conversation with them. There is a lot to be said about having a human connection with someone and what is gained by doing so.

The bottom line is that while it is incredibly important to have a contract when doing business that doesn’t mean it will always end well. It all depends on the human variables as far as how the story will end.

Top Reasons for Doing a Personal Photography Project

I have spent a lot of time purging things lately and one being my enormous collection of analog and digital images. For the most part, it became obvious that the commercial work that I had done for the money years ago, looked dated and wasn’t worth keeping. However, the images
Beijing, Chinathat I shot for personal projects were timeless even though they had been shot decades ago.

I  have grown weary in our youth obsessed culture that as an older creative female many times I am being dismissed – I have become invisible. I don’t say this to complain and I’m certainly not the first one to echo these sentiments, but I found that it was beginning to undermine my self-worth. As I looked through some work that I hadn’t seen in many years
Havana, CubaI realized that I am reacting to people who are judgmental and ageist. There are two things that I can’t change – my height and my age – so I thought that it does me no good to care about others who define me and my value by my age. Rather than feel bad about the longevity of my career, I choose to tell myself that I must be doing something right to be in such a competitive business like photography all these years. The answer is that I love to create photographs and now videos – it’s something that I HAVE to do.  It keeps me alive.

Regardless of where Blackpool, Englandyou are in your career, take the time to shoot what you care about. It’s the most important thing you can do, not only for your career but for your self-esteem.

Here’s why:

  • Assuming it’s an idea you are passionate about and not doing it to second guess the market – it will be a reminder of who you were then. It’s  also great to put new eyes on it a second time around.
  • When you’re paying for it yourself, you’ll work harder. Failure is not an option because there is no failure.
  • There are no restrictions or mandates – the world is your oyster. If you dream it, you can probably make it happen.
  • Working on a personal project is great for making new contaPinetop Perkins, blues musiciancts. You learn to be tenacious in selling your idea in order to gain access to someone or a place. It’s much harder to sell yourself and an idea when you don’t have a letter of assignment from a major magazine.
  • Most likely these will be the images that won’t get old even as you do.

 

 

Truth and Integrity – Is Seeing Believing?

It was a sad day when I read about award winning photographer Souvid Datta infringing on another photographer’s work by using elements of their photographs and claiming that the photos were his. In the age of “fake news” Datta erodes the integrity of the profession of photojournalism and the reputation of dedicated photojournalists who risk their lives taking photographs that create awareness of the travesties in the world.

I was further bothered by Datta’s explanation in an interview he did for Time magazine. Using his lack of knowledge because of his youth and inexperience is no excuse for his actions. There are too many articles online about ethics and copyright to excuse his ignorance, especially for someone who admittedly learned Photoshop techniques on You Tube.

While I’m glad that he eventually told the truth, there’s nothing commendable about doing so after getting caught in a lie. There is no turning back of the clock or enough apologies that will undo the damage this has done to the profession of photojournalism.

It is easy to manipulate images and seeing is believing is no longer true.Arthur County, Nebraska In an age where many if not most images have been greatly altered or composited, we’ve become somewhat jaded by a real image that is straight out of the camera. Manipulation has become the norm but it should never be accepted in journalism.

I’m not a photojournalist and have on occasion altered my images, but I’m most proud of the images that I shot that have not been manipulated.

Marathon swimming, East River, New York City

Nowadays, folks who look at the images contained in this blog will assume that they are composites – but they’re not. It took a lot of skill to produce them along with a bit of luck.

What’s the Worst Thing that Could Happen?

I was always the “new kid” in school. My family moved more than 10 times before I graduated from high school.  We weren’t a military family, running from the law or in the witness protection program. My Dad was moving up the corporate ladder, our family was growing and it just set up a series of moves.

Being the perpetual “new kid” forced me to take risks every time we moved, forming new friendships, adjusting to new schools, dealing with the inconsistencies in the curriculum from school to school, and learning

gail and wagon
Me, taking a stand in the new neighborhood.

new neighborhoods and the local culture.

In my early years, I was not the one who was initiating “change” or deciding to take a risk – my parents were. Nevertheless it made me the person I am.  As a child I was learning that it was OK to take chances and in fact, it was a good thing. But I also knew that we were not a “normal” family and at times I longed for a life that was less transient and more like the families I saw on TV.

I look back at my upbringing and Roller skaters jump over teammates, Tokyo, JapanI believe that the greatest gift my parents gave me was to teach me that it was OK to take chances.
And in fact when I was afraid to take a risk, I remember my Dad asking me “What’s the worst thing that could happen?” To be honest, I never really thought of anything that was all that bad.
So, is it any wonder that someone like me would opt to go around the world with my daughter, traveling to remote places on six continents, and live out of backpacks for 99 days while creating a movie?

Erin and Gail, Peru
Erin and Gail and children of village along Amazon River, Peru

I was actually going to do this by myself until I received an email from my daughter telling me that she wanted to quit her job and sublet her apartment and go with me.

At first, it surprised me when she said that she wanted to do this with me.  She had only been working for a year after graduating from college and was lucky to have a job. But she was willing leave her life as she knew it, apartment, take a trip around the world for four months and face looking for employment upon her return. Then I realized I shouldn’t be surprised at all, she too had grown up with the notion that “taking a risk” was normal.

These days, I see young people growing up in a society that has been so over litigated in an attempt to make our lives more risk free that it seems like we are teaching our children NOT to take chances. Losing or failing is looked at as a bad thing and that instead everyone has to be a winner.  It seems that fitting in and becoming part of the status quo is what we should strive for rather than being unique or original.  The problem is, if everyone thinks and acts that way, innovation will die.  No on will dare to be different.
In the last few years, I’ve probably had to face more rejections than I’ve had to over my entire career, or at least it’s seems that the way.  On the other hand, I have had the most incredible experiences and successes of my life.  To be honest, I’m scared to death just about every day but I grew up thinking that was normal and that came with growth. Thanks Mom and Dad for giving me the courage to spread my wings.

 

Why Everyone Should Travel

 As I prepare to head out of the country next week I’ve been thinking about why I travel. I’ve been a bit of a rolling stone most of my life, moving 10 times before I graduated high school and pursuing a career as a professional photographer which has taken me to over 100 countries.

Gail at the Great Pyramids 1971
Gail in Egypt 1971

I think if I ever had to give up traveling I would wither and my spirit would die.

Here are my top ten reasons that I think every American (and other citizens of the world) should travel:

  • It gives you a much better perspective on our world rather than just experiencing it virally. Let’s face it, when you are an armchair traveler, you are getting someone else’s perspective.
  •  It makes one grateful for what they have. Many, if not most Americans are very privileged but don’t really have an understanding of that because they isolate themselves in their own environment.
  • You get to be a true diplomat for your country. When I’m traveling I try to give people from other countries and cultures a more realistic idea what an American is beyond our government’s policies and how we are depicted in the movies.
  • It creates lasting memories of importance or at least memories that last longer than buying a consumer product.
  • It teaches you a lot about yourself. When you travel things don’t always go according to plan. You get to see how you handle stress in situations beyond your control.
  • You learn how to communicate. Many times you don’t understand the language and you learn to read body language and pick up people’s vibes.
  • You meet people you would never get to meet at home. It makes you less fearful when you get to meet people from other lands.
  • As a photographer my camera has given me access to incredible experiences that I have shared with the world.
  • You can affect change.
    Gail showing video to children of remote Amazon village, Peru
    Gail with children in small village along Amazon River, Peru

    When you travel you realize that regardless which country you come from we are all part of the human race. We all share this planet and we are all stewards of keeping it healthy.

  • It brings wonder to your life. I have had many awe- inspiring moments and not all of them were at typical tourist sites. Some of my greatest memories are the simple conversations that I’ve had with people all around the world.

Check out some of the images that I’ve captured from my journeys. www.kellymooney.com

3 Ways Photographers can Grow or Diversify

Partner with your competitors.

Chicago 1920's
Chicago 1920’s

I know three successful still photographers working in the Midwest area of the country shooting and competing with one another for regional and national clients. They recently formed a separate production company and are shooting broadcast commercials for the national market. It has proven to be a smart move for them. They’ve expanded their businesses by offering video solutions that meet their clients’ needs and have collaborated with one another by bringing different skill sets to the video production team. I often think that we (photographers) miss out on collaborative opportunities due to our independent nature. But I’ve learned that when I work in a collaborate team and we each bring our own perspective and skills to the whole, it has made me raise my own bar. Partnering doesn’t solely pertain to video production. It works in any business that benefits from scaling up.

Shoot outside your niche. I’ve always been a commercial still photographer working primarily in the editorial and B2B markets. About 15 years ago my partner/husband and I started exploring the motion medium. We began by shooting stock motion footage on 35mm film, which was a very expensive proposition, but I fell in love with this medium. When digital video hit the scene, my passion for storytelling led me straight to it. Digital video enabled me to shoot in the motion genre with our small team and at an affordable cost.

Kelly/Mooney is now a fully integrated still and video production business in the commercial market. We recently embarked into the retail niche offering high quality “Ken Burns” style family biography films (videos).

School children - 1930's
School children – 1930’s

Every family has a story to tell and I wanted to use my craft as a filmmaker to tell their stories for future generations. I’m finding that people desperately want to organize and preserve their family photos whether they are digital images or inherited analog snapshots. I didn’t want to just digitize their family photos and put them on DVD’s. I wanted to capture their family stories with on-camera interviews of their loved ones retelling them in their own voice while they are still here to tell them. It has been well received but it comes with a learning curve and getting to know the retail market.

Shoot what you want to shoot. Shoot something that you are passionate about not because you think it would make a good promotion piece or portfolio sample. It could be that you photograph something you are interested in and have access to. As a female photographer I’ve spent the better part of my career working in a male dominated profession. I decided to seek out other women who work in male dominated fields and create a series of short videos about them. Here are some of the amazing women I met; Natalie Jones a helicopter pilot, Simona deSilvestro a professional racecar driver and Patrice Banks and auto mechanic and engineer. Working on this series not only keeps my skill set sharp but has led to making some great connections.

Don’t think that you have to pursue an overwhelming topic or project. You may just want to explore with your phone. We live in an age that I used to dream about – an age where technology makes it possible and even easy to create the images that only exist in our mind’s eye. Technology has made communicating visually immediate and spontaneous. Think about the power and the opportunities that provides.