I Don’t Need a Release Because I Would Win in Court

[by Thomas Werner]

“I don’t need a release, I would win in court….” I frequently hear this comment while discussing releases during presentations to students and working photographers, who then point to landmark cases that support their claim. There are many reasons that this logic is faulty, here is one case to illustrate the point. A few years ago Phillip Lorca DiCorcia was sued for exhibiting and selling a portrait of a gentleman taken in the street. The photograph had been taken without the man’s knowledge, and when he found out the photographs were selling for between 20,000 and 30,000 USD at his gallery Pace/MacGil here in New York, he wanted to be paid.

After a protracted court case lasting more than two years, Lorca DiCorcia and his gallery won the right to sell the photographs and keep the proceeds, and were not asked to pay damages to the person in the photograph. Going to court worked for Phillip as his gallery was involved in the litigation and they were able to afford the prolonged battle in this landmark case. Due to Lorca DiCorcia’s standing in the art world and the salability of his work the financial benefit for both the photographer and gallery outweighed the initial cost of the defense.

Now imagine that you are going to defend your work in a similar situation. You must be ready to give up a year, if not years of your life pulling together documents to support not only the value of your imagery, but of your work in general, as it is likely you will not have the history, nor have your history as well documented as Locra diCorcia. You will also need to provide information regarding various other aspects of your business. Additionally, you will need to be ready to pay tens if not hundreds of thousands of dollars in attorney’s fees as you defend your case and before you can collect any money should you do so. During this period you will find it difficult to work, enjoy life, or to focus on anything but your now consuming court case as the financial health of your family and business begins to rest on the outcome.

Instead of creating imagery, growing your business and enjoying your family and friends you will need to work at the never pleasant task of defending yourself in a lawsuit. You may indeed win your case, recoup your money, and have the right to sell your imagery, but at what price? Most of us cannot afford the time or money necessary to take on such a task. Get a release, make your life easier, yes maybe “You would win in court”, but you need to prove that in court, and that isn’t worth avoiding the two minutes that it will take to have someone sign a piece of paper agreeing to release the usage.

Thomas Werner is a Educator, Curator, and Lecturer, you can learn more about Thomas and his projects at Thomas Werner Projects on Facebook.com

Stay in Touch?

[by Thomas Werner]

When an art buyer, editor, gallerist, says, “Stay in touch”, they are asking you to send them updates on your new projects or work. They are not asking to you to be part of their fab five, or go to lunch on a regular basis. It is a just friendly way of letting you know they are interested in you and your work professionally.

Thomas Werner; Educator, Lecturer, Curator. Please see Thomas Werner Projects on Facebook for more information.

You Are Not a Photographer

[by Thomas Werner]

You are a producer, casting agent, editor, retoucher, creative director, manager, businessperson, curator, creative partner, educator and art director. You are a social media manager, pr person, advertiser, filmmaker, videographer, relationship manager, student, activist, and more….
 
I can hear people thinking, well, that is what a photographer is….no, these are just skill sets that you apply to being a photographer. A photographer takes pictures, creates imagery in some form, the other skills are what you apply to your art or business to make your self more successful. If your business is slow, or if you want to diversify, they are skills that you can apply to other fields, or other aspects of photography and your business. We frequently have the skills that we need to make a change, we just don’t recognize them, or how they fit together to make our businesses and ourselves more successful.
 
You are not a photographer, it may be the most important and enjoyable thing that you do, but it is only one part of what you can do.
 
Thomas Werner is a Curator, Educator and Lecturer. His new program “Rethinking Your Business” is an evening with photographers that helps them redefine themselves and their businesses. You can find out more about Thomas and his projects at Thomas Werner Projects on Facebook.com

Use Social Media to Reinforce Your Message

[by Thomas Werner]

So you have your Facebook account set-up, are adding business connections on LinkedIn, and are Tweeting from time to time. You spend “x” number of hours a week posting and building your base, you have “friended” and “connected” and “follow” your fellow photographers, favorite web sites, blogs and Facebook pages, personal gurus, and maybe even a client or two. Now what do you do next as you sit in front of your computer waiting for your efforts to turn in to new opportunities?

The first step is to be sure that you are doing more than just connecting and growing your number of contacts on each site. Spend a little time looking at the message that you are sending through each of these channels, does it match your business plan, your personal goals? Are you mixing friends with business, or are you reinforcing your brand and developing an online voice? Do prospective clients know who you are via your posts, updates and tweets? Are you connecting with your target audience? Do you need to create a separate page or social media identity for your business?

It is essential that you use social media to help clarify who you are, not to confuse your future clients. Align your use of social media with your other advertising and promotions, use it to reinforce your companies brand. Think twice about the images you post, the colors that you use and the links that you send. It can take a lot time and energy to help a client understand who you are as a person, and the kind of work and service that you deliver as a business. Social media should reinforce your message, not undermine your hard work, you do not want to give a client a reason to wonder if you are the right fit.

Thomas Werner is an Educator, Lecturer and Curator. Please see Thomas Werner Projects at Facebook.com for new projects and additional information.

Fine Art Print Viewing

[by Thomas Werner]

If you want your prints to stay clean, always bring a set of new white gloves when dropping off your portfolio or meeting with a gallery or reviewer, to take a look at your work. Never assume the person viewing your work will have them, they most likely will not, and please don’t give them your old gloves….

Thomas Werner; Educator, Lecturer, Curator. Please see Thomas Werner Projects on Facebook for more information.

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