Ashley Morrison's Blog

December 17, 2015

A ‘Work Made For Hire’ type of agreement.

A question that was recently asked on one the photography forums, in connection with coming-up with pricing to shoot for a Kitchen and Bath Designer, was this:

“What are your thoughts on setting an hourly rate for this type of interior shooting. Is there a downside to pricing it this way?”

My answer, since this is a question I have asked myself many times over the years too, (which I have now decided to post on my blog here, for others to read as well, who may be wondering the same thing) was this:

There are advantages and disadvantages to agreeing to do (what I would call) ‘Work Made For Hire’, versus just ask someone beforehand, to pay you for ‘the Rights to use the work’, that you are agreeing to hire yourself to do.

Understanding the difference and what one would actually charge for, if it was either one or the other, is (I believe) very important for an artist (like yourself) to understand.

One is basically where you would ask the client beforehand (when you are quoting a price), to agree to pay you (either before or afterwards) to do the work for them – and the other, is where you ask the client beforehand (when you are quoting a price), to agree to pay you afterwards, for the use of the work that you are agreeing (to hire yourself and possibly others as well) to do.

And then I went on to try and explain what my understanding of a ‘Work Made For Hire’ type of agreement was, by saying:

If I was wanting someone to help me for a day, to create some images for others to use, (an assistant or a stylist for example) I would (usually just) simply agree to pay them beforehand, for their time and expenses. So if I (their client) was wanting to keep their expenses part down to a minimum, then I (the client) would obviously need to supply them with anything and everything that they were going to need to do the work that I (the client) wanted them to do for me.

So unless beforehand, I (the client) had specified asked them to bring something along that day, like a camera or some lights or a computer or some cushions or some flowers, etc, etc – then for the most part, they would just turn-up with their two hands in their pockets and expect me (the client) to supply them with everything that I (the client) wanted them to use or work with.

So that’s what I would call, a ‘Work Made For Hire’ type of agreement.
(Please note: I do understand that in America, the term Works Made for Hire is a Legal Term; and so therefore, it may mean something slightly different as a result – but I believe it’s based along these same lines of thinking).

So what the actual work was used for (or even not used for), by me or anyone else, would therefore not come into it.
The assistant or stylist (or the person who was being hired) would still get paid for their time, plus for any expenses that they occurred during that day, irrespective of how much or how little the work was used or even by whom.

So that keeps it nice and simple​, for both them (the person being hired) and me (their client) to understand, what the deal is and what they are going to be paid for or will be paid for afterwards.

So with this type of deal, in your case, it would therefore be all about: Expenses, Expenses, Expenses – as that would be the only real difference between one job and another, i.e. what camera they wanted you to use, lights they wanted you to use, lenses they wanted you to use, computers they wanted you to use, etc, etc… because you could even take the pictures with your iPhone, if all they wanted you to do, is turn-up and take some pictures.

So not a bad way to work as far as I’m concerned – as you may actually get to play with some really neat stuff, like a Phase One camera system for example or some Profoto lights – IF you fully understand how it works, and they are prepared to pay for all of those things as well, as for your time to do the work.

However, it would all really need to be agreed to beforehand – and ideally put in writing too (a signed agreement) – because after all the work is done, it’s that pre (written) agreement that would be the all important thing here… as far as a Judge would be concerned, should they not pay you afterwards and you ended up in court over that.

As for asking someone beforehand (when you are quoting a price), to agree to pay you afterwards, for the Rights to use the work that you are going to (agree to hire yourself and possibly others as well to) create – that’s a completely different deal and/or thing altogether – so should you want to know about that, you can read more about what I have already said about that type of deal here: Licence to use.

In other words, I believe both ways can work and both ways can work very well in your favour too, IF you fully understand the difference between the two and don’t start mixing them up or try to exchange one for the other – because that’s when things can often start to go pear-shape, based on my own experience over the past 30 years or so.
Double page spread advertisment for a National Trust kitchen by Mark Wilkinson in the August 2006 issue of Country Living magazine.

So I hope that helps this photographer, answer their own question here – because at the end of the day, it’s thier business, to run it as best as they see fit – as there is no Rule Book for self employed people (or people who agree to hire themselves or employ themselves), which is what I am assuming, is what this photographer is.

Anyway, your thoughts on all of this, as usual, are most welcome too – as it is, like I said at the start, a question that I have asked myself many times over the years too, i.e. each time before I quoted a price smile

Cheers,
Ashley
www.ampimage.com

Advertisements

January 30, 2015

As easy as 123.

Filed under: Photography — Ashley Morrison @ 7:45 am
Tags: , , , , , , ,

They say ‘Amateurs talk about equipment, Pros talk about money and Masters talk about light’ – which is in some ways is true; however, I reckon most photographers will actually talk about all three, because each is important to them – as most know, one is only as good as the weakest link.

Anyway, today I’m going to talk a bit about lighting – which is something I’ve spend the last 30 years trying to master, as a photographer – who according to Wikipedia:

A photographer [the Greek φῶς (phos), meaning “light”, and γραφή (graphê), meaning “drawing, writing”, together meaning “drawing with light”] is a person who takes photographs.

Anyway, at this time of year, the days are short here in Ireland and it’s not always ideal weather neither, as it often dark & very grey outside – which therefore naturally effects how it looks indoors too. Which was very much the case last week, when we were shooting this 1920’s detached house in Belfast, as you can see here in the 1st frame…
The natural light in the sitting room of Megan Edgar's 1920's detached house near Stormont Park in Belfast.
.. which I took to see what the room looked like first, naturally lit.

Then in this 2nd frame…
Lighting the sitting room of Megan Edgar's 1920's detached house near Stormont Park in Belfast.
.. you can see I added a directional light, while Marie starts to tweak a few things in front of the camera.

And in this 3rd frame…
Lighting the sitting room of Megan Edgar's 1920's detached house near Stormont Park in Belfast.
.. you can see I added some fill light… and there you basically have it.

Well almost – as that was really only the start of it, as there were about another 30 minutes of the girls playing around before we finally asked Megan to strike the pose here…
Megan Edgar in the sitting room of her 1920's detached house near Stormont Park in Belfast.
.. by which stage, it had been ‘styled to within an inch of your life’ as Marie would say – but that’s another story for another day Smile

So by no means ideal light; however, it was as simple as one…
The natural light in the dining room of Megan Edgar's 1920's detached house near Stormont Park in Belfast.
.. two…
Lighting the dining room of Megan Edgar's 1920's detached house near Stormont Park in Belfast.
.. three…
Lighting the dining room of Megan Edgar's 1920's detached house near Stormont Park in Belfast.
.. and after 30 years of practicing – as well as the odd wee tweak here & thereby Marie who also makes it all look so simple to do – we had the next shot of the dining room here…
The dining room in Megan and Bryan Edgar's 1920's detached house near Stormont Park in Belfast.
.. in the bag.

And so it was throughout this house – 123, 123, 123 next smile

It was just the 4, 5 & 6 parts that slow us down – but nevertheless, what a great house – so just like to say big thanks to Megan and Bryan here for inviting us in and we will keep you posted once we hear more.

From Marie & me @ ampimage.com near Stormont Park in Belfast.

March 30, 2011

Dulux white…

.. gets two thumbs up.

We where shooting a three story period terrace in West Wittering yesterday…
Beth Cooper outside her three story period terrace in West Wittering.
.. a small village and civil parish, on the Manhood Peninsula, in the Chichester district of West Sussex – which is Beth & Jason’s home from home on the weekends.

It was once the village Rectory, which was a bit tired and dated it seems; however, Beth has completely transformed the home and lightened it up…
The kitchen table in Beth and Jason Cooper's three-story period terrace in the West Sussex village of West Wittering.
.. with decor and furnishings.

Dulux white was used throughout…
The kitchen in Beth and Jason Cooper's three-story period terrace in the West Sussex village of West Wittering.
.. and I had to smile while listening to the 3 ladies (Beth, Marie and Beth’s friend Vanessa) discuss how perfect this colour was.
Not sure if Farrow & Ball would agree – but hopefully the Editors will like it wink

From my point of view, as a photographer, it sure was easy to light…
Setting up the master bedroom.
.. so Dulux white gets two thumbs up…
The master bedroom in Beth and Jason Cooper's three story period terrace in the West Sussex village of West Wittering.
.. from me.

Anyway, a big thanks out to Beth once again – both Marie and I love what you have done here – so we will keep you posted.

For more information about us or should you like us to tell your story, please visit: www.ampimage.com.

Blog at WordPress.com.