Why Does It cost so much? –or– Why don’t I own it?

Filed under, “If I had a nickel for every time I heard this….”

 Knowledge & Power

The education of commercial art buyers at the client direct level is awash in a sea of misinformation and self-appointed know-it-alls. Some days I see the advantage of having a personal firing squad.

Professional Photography costs X dollars because commercial licensing of intellectual property is a component of the service we sell.  Referring specifically to professional photography, we don’t make widgets. We don’t sell real estate. We don’t collect data and mine it for you. We do work on commission, we work at creating intellectual property in the form of visuals and it’s the intellectual property rights built into each and every photograph we build that provides us the ability to make a living wage. Licensing the use of intellectual property for your business or personal needs is part of our business model.

If one works in a situation where someone else carries the weight for you, (benefits, salary, retirement, etc.) then the idea of artists’ intellectual property rights may indeed be a mystery. Add in the costs of doing business, the need to make a reasonable profit and our pricing structure and you have our business model just about summed up.

It’s painful when we negotiate and end up not only having been denied our licensing rights, but maddening when those rights aren’t even acknowledged. It’s not a gift or an entitlement. It’s a right. Artists own their creative works unless they sign them away. It’s the creative-art-patent.

 Product vs. Expression

We do not create products. We create the expression of an idea. It’s custom designed to fit your needs and desires. If you’re willing to pay for it you can own our intellectual property rights by an outright purchase and transfer of our copyright. Not recommended of course due to the expense, but it ‘s available. I’ve sold it a few times in my career.

If you’re unable or unwilling to purchase our intellectual work outright then we’ll come to an agreement that let’s you license the portions you need and we’ll keep the rest. We’re then free (through our ingenuity and efforts) to look for other opportunities and revenue streams. Again, this is our business model.

When you purchase a home you are purchasing the property rights to that home and land. When you buy a DVD you own the physical disk but not its’ content. You’ve licensed the content for a specific use. Period. That intellectual property is the property of the creating party….movie studio or independent filmmaker.

I lose projects because ownership issues (my rights) drive costs past what seem like arbitrarily low budgets. Education about this issue is important to both sides so a mutually beneficial understanding is developed.

I’m not inflexible in my pricing either. I’ve adjusted with the state of the economy but it isn’t enough; a request for a quote came in: ten business professional headshots, retouched and ready to post online. The shoot was to be on location about 13 miles from my studio. I normally charge $600.00 a shot for volume jobs like this. But I wanted to see where the bottom was so I came in at the ridiculously low price of $95.00 a shot. I was crazy to let this quote out of my office but I needed to see where bottom was. But in fact I was too high! Some other knucklehead (dumber than me) low-balled the crap out of it after I already low-balled the crap out of it. That’s four low balls! And it wasn’t enough.

Now where’s that firing squad?

 And Yet There’s More

But it’s also something much more. More profound. More disturbing than at any other time in my career.

It’s the inability of individuals and businesses to accept that bargaining for these rights (or even the effort to understand and grasp the concept of ownership, licensing, copyright and associated costs) makes us crazy. Ready. Aim….

It costs more than you realize, or want to spend, or have been told is your budget to spend because it’s convenient not to think about what it takes to engage a professional who trades in the photographic arts.

The copyright law that protects every creative’s intellectual property rights includes photographers. And movie studios. And authors. And songwriters. And poets. And comedy acts. And TV shows. And professional sports leagues. We’re in good company and we aim to stay put.

So please listen when we tell you the proper way to license or purchase our intellectual property. It protects you from unauthorized use. If you use protected work that has been registered it gets expensive in a hurry.

But you know that right?

 Let’s Work Together

You don’t think I’m going to press my advantage if I catch you? Most likely I will. It’s about respect and acknowledgement of what our rights and protections are. Rights and protections we fight to keep in spite of what our government of the United States of Business tries to do. Daily. You have rights and protections that you want honored and enforced, company trademarks, patents and the like.

It’s a two-way street and today’s economic environment is no excuse for fostering an attitude that belittles the process, diminishes the relationship and adds to everyone’s stress level.

Thanks for reading.

Michael