Watch Out For These PitFalls
When I visited the Optical Disk Pilot Program at the Library of Congress in Washington DC back in 1985, the Deputy Librarian, William J. Welsh, told me that his department was concerned about the speed with which their photo collections were
He was certainly correct.
The first stock photography application of video disc technology had already started in 1982, pioneered by First Vision in Newport Beach, CA. Next came Video File, and then even a major stock photo agency, The Image Bank, jumped in. None of these efforts ever really got off the ground, but they laid important groundwork.
By the late 80’s audio CD-ROM’s had become well-established, and it didn't take long before entrepreneurs began to place sets of photographers’ images onto CD-ROM discs, selling them at low prices.
Thus was born the CD-ROM photo industry, later to be labeled Photo Clip Art, and now known as Royalty-Free. The term RF was borrowed from the music industry, which had used “royalty free” to indicate when royalties weren't required on certain records when played at an event, on a radio broadcast, etc.
User groups on the Internet started buzzing about this new trend in stock photography, and agonized over whether this bombshell would pull the rug out from under the stock photo industry.
However, after more than a decade of CD-ROM activity, the stock photo industry is healthier than ever. According to studies, some of which we here at PhotoSource International have participated in, traditional-use (managed rights) photography hasn’t suffered. Neither has the upstart, RF (Royalty Free).
Then what are the pitfalls you, as a small-business person, should be aware of? Whether you place your images with a traditional CD-ROM production company, self-publish the product, here are some issues to consider.
I hear grief stories from photographers about CD-ROM companies that have tied up a photographer's images in court for a long period of time. It goes like this. A fledgling CD-ROM company puts their money into slick advertising and attracts a good number of quality photos from participating photographers. These images are given to a production company, to make the CD-ROM discs. About midway into production, money runs out. The production company wants its money before they will release the finished discs. Your images are unavailable to you while the court proceedings spin out. LESSON: It’s a compliment to have your images selected by a CD-ROM company. But make sure the company’s cash flow can get them through the fulfillment stage of the business plan.
Placing your photos on a CD-ROM disc without iron-clad model releases for them is an invitation to trouble. Because many CD-ROM producers do not outline the use limitations of CD-ROM pictures to customers, and because final end use of images on a disc is not able to be controlled, a photographer could be the target of a legal suit if, for example, a picture of his/her models were used in an advertisement about drug abuse or some other sensitive issue. Law suits are beginning to appear where a person or company who purchased a disk used a photo in a wrongful or misleading manner. If you already have made a deal with a CD-ROM producer, it would be in order to find out how the “fine print” reads. It might be necessary for you to either withdraw your images, or get a more encompassing model release from your models.
Do you plan to produce your own CD-ROM catalog? Most art directors and photobuyers open their mail above a wastebasket. If your CD-ROM promotion does not conform to what they consider a professional package, they drop it into the circular file.
Is your packaging inviting and well-conceived? If it’s not, the photo buyer may never look inside. The design, layout, text, and cover image should reflect the quality of your photos.
Finding photos on a CD catalog should be fun, not mind-numbing. The process should be easy and speedy. The photos
As soon as they open the catalog, the buyer should not have to figure out how to get the search software into operation. It should be transparent and easy to maneuver.
If your CD-ROM does not fit this criteria, consider starting over.
Many creative people learn too late the maxim that goes like this: Producing a product is only one-third of the venture. The other two thirds are distribution and marketing. If you plan on producing your own CD’s, be sure you have figured out how you will advertise your product, and distribute it. Many a fine CD catalog is sitting on its producer/photographer's shelf, going out of date, because the photographer didn't budge for marketing and distribution.
Rohn Engh, veteran stock photographer and best-selling author of "Sell & ReSell Your Photos" and "sellphotos.com," has helped scores of photographers launch their careers. For access to great information on making money from pictures you like to take, and to receive this free report: "8 Steps to Becoming a Published Photographer," visit http://www.sellphotos.com
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