David Ettinger, Photographer
312 953-2829
mmm@mmmpretty.com
General policies for commercial jobs
(Updated 26 September 2008.)
Rates: The way I normally bill is to charge an hourly rate for my labor, due at the end of a shoot, and then to charge for all of the expenses, due upon receipt of an invoice. My normal hourly rate is $75/hour, and I offer a student rate of $60/hour. The expenses for a shoot depend entirely on what we do. The expenses add up very quickly, so it's best to have a very good idea of exactly what we're shooting before we begin. I can always provide a written estimate in advance, and I'm happy to do so. Estimates are, of course, only estimates!
Film: Given that digital photography has become so predominant, I have stopped shooting film, 35mm or otherwise.
Expenses: I always put a $6.00 miscellaneous fee on every job I shoot. This goes for small stuff like tape, filters, backgrounds, etc, and also helps to cover my regular donations to www.carbonfund.org for carbon emissions offsetting, since I need to drive a large car to haul all the photo equipment. In addition, I always pass along the costs of parking and shipping and that sort of thing. All these costs can add up very quickly, so it's important that we discuss them in advance.
Turnaround Time: Generally I have a laptop computer with me, and can provide raw, unedited images at the end of the photo shoot if it's absolutely necessary. I am always reluctant to do that, however, as it means giving out images that do not look their best. All images need some color correcting, cropping, dusting, etc. They all need to be archived and cataloged so they can be found quickly later. Without exception, I always charge for a minimum of 1 hour at the computer doing all of this work. I then upload the images to the web and send you a link to where you can then download the images to your own computer. Alternatively, I put everything on a CD or DVD and get that to you.
Scheduling: My schedule is generally quite flexible. I ask that we schedule our job as far in advance as possible. At the very least, I need 24-48 hours (1-2 days) to prepare for the job. I ask that I have 48 hours' notice to reschedule or cancel a job. If a job is scheduled tentatively or quite some time in advance, I'll need confirmation of our meeting time at least 48 hours in advance. I find that scheduling through email works very well, just because it allows everyone to see in writing the dates we are discussing, and to ask questions and get answers to questions we might forget over the phone. I often schedule jobs tentatively, as one of us may need to figure out if the day we're discussing will work. If we schedule the job tentatively and we do not confirm the schedule 48 hours in advance, I may have to schedule someone else for the time we were discussing.
RE-SHOOT and REVISED-SHOOT policy: If I have done something, or if my photo lab has done something that has made the pictures unacceptable, then I will happily re-shoot the job and NOT charge you for my time, but I WILL charge for the expenses on a re-shoot. If the pictures are unacceptable because the client has given incomplete or inaccurate information, or has changed their mind about how the picture should look (for example deciding that a background should be black instead of white as was previously agreed), I will happily do a new, revised picture, and will charge BOTH labor and expenses. Clients seem to think this is a fair policy for all parties. We usually know in advance if there's going to be a question about how the pictures look. In these cases I'll try to make time to discuss the digital pictures on a computer.
DIGITAL
Please have a look at the industry-standard information on professional digital photography at UPDIG.ORG before continuing, as they have put a great deal of effort into writing their guidelines. The full guidelines can be read online, but contain information in much greater detail than you are likely to need. Their Quick Guide contains the basic information you should know about working with digital images.
Film Output: To generate a slide from a digital file we have two options. First, we have the lab spit out a 35mm slide directly from the digital file, for about $10 per slide. Second, we can have them produce a 4x5 piece of film (either a negative or a positive) from the digital file, and then make 35mm dupes from that. This is an expensive proposition, around $100 per 4x5, though the quality is excellent. You may be able to find a way of getting slides from digital files cheaper than this, but, just like cheap scans, I cannot stand behind the quality, so I no longer offer a cheaper film-output solution.
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Terms and conditions
COPYRIGHT AND USAGE Any work I do is produced as an independent contractor. I am NOT working as anyone's employee, and therefore no work that I do can be called a "work-for-hire" under the law.
As an independent contractor, standard commercial photography policy is that the photographer owns the copyright to all images unless agreed otherwise, and also owns the film itself unless agreed otherwise. The photographer allows the client to use the film for a very specific purpose, for a very limited time, and always charges the client for this usage.
When photographing art, however, of course the artist ALWAYS wants to keep the film. That's the whole point! The artist wants to keep the film and have complete control over how the images are used. I understand this and agree with it completely. However as a photographer I need to be able to promote my work, too. So my policy for photographing art for artists is this: I, as the photographer, continue to OWN the copyright to all the images I make. Of course, this does NOT mean I own the art itself, only the IMAGES I have made OF the art. I do NOT own the film and will NEVER try to reclaim ownership from you. YOU OWN THE FILM, and have nearly full and free usage of the images on that film FOREVER. I will NEVER try to get money or other compensation from you for doing anything at all with the images I have made of your work, unless you are using the images for an explicitly commercial purpose, like selling t-shirts or coffee mugs. In that case I will be able to give you a quote for very specific usage rights, depending on such factors as how many coffee mugs are to be made, where they will be sold, etc. This is common practice with commercial photography, and it makes little difference if the coffee mugs are advertising an insurance agency or a custom portrait-painting studio -- the use of the photograph is still explicitly commercial and will require a negotiation for the rights to use the images I have made.
In exchange for the freedom I allow you in using the photographs I've made, I expect to be allowed to use any images I have made for my own self-promotion. I will NEVER use your image for anything other than self-promotion. For example, this means I can make a postcard, a poster, a webpage, etc., in order to advertise that I am a photographer. Before I use an image that I have made of your work I will get your written permission, and I will credit you as the artist if you want me to do so. I will not transfer the copyright to anyone, and I will not sell usage rights to anyone.
I also expect that you will give me credit for the work I have done. If you publish my photographs, if you give them to a magazine or a gallery for THEM to publish, or if, for example, you sell coffee mugs or t-shirts that show the images I have made in whole or in part, you will give me the photo credit in standard format, saying "photo: David Ettinger", or something similar. That's all. It's really not too much to ask.
That's my policy for photographing art for artists.
If you know that you will be using my images specifically for a money-making venture (such as making coffee mugs or t-shirts, or books to be sold) then the policies stated above DO NOT APPLY, and we will need to have a contract to cover copyright and usage issues.
Here are a few other standard legal provisions, taken from Professional Business Practices in Photography, published by the American Society of Media Photographers (ASMP):
-- Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of any use of any Images for which no release was furnished by Photographer, or any Images which are altered by client. Unless furnished, no release exists. Photographer's liability for all claims shall not exceed in any event the total amount paid under the invoice.
-- Client assumes full risk of loss or damage to or arising from materials furnished by client hereunder and warrants that said materials are adequately insured against such loss, damage, or liability. Client shall indemnify Photographer against all claims, liability, damages, and expenses incurred by Photographer in connection with any claim arising out of use of said material hereunder.
-- Client may not assign or transfer this agreement or any rights granted hereunder. This agreement binds and inures to the benefit of Photographer, client, Client's principals, employees, agents, and affiliates, and their respective heirs, legal representatives, successors, and assigns. Client and its principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and Client is bound by, oral authorizations for fees or expenses which could not be confirmed in writing because of insufficient time. This agreement incorporates by reference Article 1 of the Uniform Commercial Code, and the Copyright Act of 1976, as amended.
-- Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by Photographer under the Copyright Act of 1976, as amended.