The truth of the matter is, they’re not your images. The Copyright Act of 1976 made clear that photographers are the copyright owners of their images from the moment they create the image. This includes any image that you may create too (just by clicking the shutter button). This means that you just might have to pay every time you want to use images that you’ve paid for once or twice already. Wow! What now?

Let’s take a peek at The Copyright Act of 1976. Section 201, ownership of copyright states:

(a) Initial Ownership. Copyright in a work protected under this title vests initially in the author or authors of the work. The authors of a joint work are co-owners of copyright in the work.

How do you solve the problem of having to pay every time you want to use, what you originally felt, were your images to begin with? Section 201, ownership of copyright states: (b) Works Made for Hire. In the case of a work made for hire, the employer or other person for whom the work was prepared is the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright.

Basically, what this is telling you, is that if you hire an outside contractor to produce still or motion pictures for your usage, even text, music, etc., and you had signed a Work For Hire agreement prior to the start of the project, you will assume ownership of the copyrights and negatives, films, digital files, etc. Better still, if the work was prepared by an employee within the scope of his or her employment, no signed agreement is necessary. It’s automatically the employer’s property. For all work created on or after January 1, 1978, the copyright endures for a term of seventy-five years from the year of its first publication, or a term of one hundred years from the year of its creation, whichever expires first.

What if it’s too late? The job is now finished and you had no Work For Hire arrangement? This is where Transfer of Ownership can kick in. The ownership of a copyright may be transferred in whole or in part by any means of conveyance or by operation of law, and may be bequeathed by will or passed as personal property by the applicable laws of intestate succession.

My advice to you when hiring independent contractors to create images, motion pictures, music, etc. for you or your company, is to consider a signed Work For Hire arrangement, a transfer of copyright agreement, or any other number of copyright usage agreements that can make the difference between you paying once, twice, or paying many times over again for images created specifically for you in the first place. Fire up your internet browser, log onto your favorite search engine, and search for Work For Hire contracts and Copyright information. There is plenty of material on the internet to assist you in writing agreements and obtaining more specific copyright information. However, don’t let this information take the place of an experienced copyright attorney, which I recommend you consult as well.

As a photographer, I will assume you strive to create as perfect of an image as possible in the camera. If this describes you, then I suggest that you also become the type of photographer that does not reply on post editing to correct lighting and white balance issues. Why not get it right from the start?

I know that a lot of photographers that are just starting out, and those that are more accomplished, do not take a custom white balance before each session and in each varying lighting situation, but you should, and let me tell you why.

Let’s start with AUTO white balance.

When you select the auto white balance mode when you shoot indoors or out, your camera is trying to determine what in the scene is white. Usually, there is nothing in the scene which is true white, and what the heck is true white anyway?

Let’s say you shoot a naked baby on a beige blanket. What in the scene is white?

Let’s say you shoot a pregnant mother’s tummy against a black backdrop. What in the scene is white?

Let’s say you take a toddler outdoors in blue jeans and a red sweater sitting on a green bench with trees in the background. What in the scene is white?

Nothing, nothing, and nothing.

BUT…your camera WILL pick SOMETHING it thinks is white and base the white balance off of that. Not good!

What if the toddler has on a white shirt, and you take a ¾ length image, and the camera bases the white balance off of his shirt, and then you move in for a close up of his face. What is white now?? So now you have multiple colored tones in your session because the camera kept changing the white balance, and the white balance will continue to change as you move in close and back away.

So what about pre-set white balances? Sun, flash, clouds, incandescent, 15 choices of fluorescent, etc.?

Can you pick one that is the exact color temperature of your shooting conditions? Not exactly!

What about choosing the Kelvin temperature? Do you really even know what the Kelvin temperature IS where you are shooting? Do you have a color meter for $800? Do you even need one?

There IS a better alternative; Custom White Balance.

Every camera can take one, and everyone can learn in 5 minutes how to take one, if you just read the manual.

Custom white balance is the process of removing unwanted color casts. Got a subject under a forest of green trees? Custom white balance will clean that up.

Got a baby on the beach underneath of a yellow umbrella? Custom white balance will clean that up.

Your manual may recommend using a white card or white paper to use when taking a custom white balance, but what COLOR white? Warm white? Cool white? Eggshell white? Do you even know what white white is? There are many many shades of white.

What about those expo discs that attach to your lens? What color white is it? Warm? Cool? Exactly my point!

What if your white target is a cool white, and you’re printing on photo paper that is warm white? Now you’re a few shades off.

If you want to use a white paper to take your custom white balance, use the paper you print on!

I recommend doing as your manual says as tohow to take a custom white balance but use an 18% gray target such as this for $20. It folds up into your pocket and it HAS no color.

When you take a custom white balance properly, you can eliminate the various colored light in your scene and clean it up, leaving you without a color cast.

Fast forward to today, and it’s not much different. The economic climate has really diminished extra spending cash, so the phenomenon of models, photographers, stylists, and artists all wanting to barter or trade time is more prevalent than ever, and that’s ok. So what exactly is barter?

According to Wikipedia, barter is a method of exchange by which goods or services are directly exchanged for other goods or services without using a medium of exchange, such as money. Simple enough right? So why are there so many people complaining about trading time and services on the message boards?

Here’s the main reason. People are not specific enough as to what they want, and they fail to put their agreements in writing. Now, I never said this is the only reason, I said it’s the main reason. So let’s explore this in more detail.

When two people or more decide to trade services, time, or products, there has to be a satisfying element for everyone. There must be something that you bring to the table that is in need, and the other party or parties must bring something to the table that you need. Otherwise, what’s the point?

I have been bartering for most of my 33 years in this industry. It’s just part of doing business. I have also been burned very few times, because I implement a few very smart elements to the process. The first key to a successful trade arrangement is make sure the person you are bartering with has a product or service that meets your needs, or satisfies what you are looking for, and has a good reputation and can deliver. That’s easy enough to find out by messaging some of the clients in his or her portfolio and getting references, or, simply by asking for references. You are certainly entitled. After all, you’re getting ready to invest your valuable time. Those that do not offer references do not have any positive ones to give to you. Move on!

Once you’ve established a reputable partner to barter with, you now need to be as specific as possible as to what you want out of the barter relationship.

As a photographer, how much time are you wanting? What genres of modeling are you wanting to shoot? What types of wardrobe are you wanting to shoot? Notice I use the word “wanting” and not the word “expecting.” Things get shady when you’re expecting something. What you expect is not as definitive as what you want. You need to be specific as to what you are wanting.

As a model, stylist, designer, or makeup artist, how many images are you wanting? What size? What resolution, and by what date?

Now, you need to get those details in writing that will be signed by all parties involved. I am not suggesting you need to get a lawyer to draft up a legal document for everyone you barter with, but you can simply state in writing what you are to give and what you are to get, and by what date, and have everyone sign it. Then, there should be no “expectations” or empty promises or misunderstandings. What you put on paper is what you are to deliver and what you are to receive. Period! It’s not that difficult folks, but you just need to do it.

As a photographer, my barter agreement states how much time the model will provide for me, what the wardrobe will consist of, if there is any nudity or semi-nudity agreed upon, who’s responsible for hair and makeup, and what time the model is to arrive. I also state what I am to ultimately provide to the model, how many, what size, what resolution, retouched or un-retouched, and by what date. There is also a monetary figure in the agreement that I will owe the model if I do not deliver by the stated date. After all, she provided her modeling skills to me, so she delivered her end of the bargain. There is also a monetary figure stated that she will owe me if she decides to be a no-show. After all, I had time involved in setting up and getting ready.

You can get very intricate or you can keep it very simple, but everything must be in writing.

My contracts happen to be reviewed by my attorneys so that they hold water in the courts of Maryland or wherever I may be shooting. I take my photography very seriously, and I take my obligations to the models, artists, and stylists very seriously. Reputation can be everything. Because of that, I owe it to myself to protect my interests as well. If I need to take a talent to court, of if they need to take me to court, I have the documentation I need to proceed with. You should too.

In closing, let me state that I have never been taken to court in my 33 years in the photography and modeling industry, and have never had to take anyone to court. Putting the specifics in writing works!

Most folks these days own a digital camera, be it an expensive digital SLR camera with interchangeable lenses, or the more common, less expensive point and shoot variety. One thing that most of these cameras all have in common is a menu.

Not all menus are created equal, and not all menus look the same, but you get the idea. I am sure some of you reading this blog have never even looked at your camera’s menu, or maybe you didn’t even know it had a menu. A lot of folks just set the top dial to AUTO and just click away. Some of you have never even looked at the manual that came with your camera, except to see how to load up the batteries and the memory card. Sure….pretend it wasn’t you!

If you take the time to actually read your camera’s manual, or to stop by a book store and purchase a book written exclusively all about your camera (I highly recommend this), you will find that you can customize your camera to your shooting preferences, and optimize your camera’s performance to shoot incredible, inspirational images, no matter how small and inexpensive your camera is. The image of Sorrento, Italy below was shot on an inexpensive 8 MP point and shoot camera.

In most cases, you can choose which size images you want your camera to shoot. You can choose between fine quality images or normal quality images. The size and quality of the image your camera is set for will determine how many images you can fit on a memory card. You can set the camera’s ISO sensitivity, which can determine how low of a lighting situation you can handle. Changing the camera’s white balance will change the overall color cast of your images. This can help you create some pretty dramatic and creative images.

Most digital camera menus allow you to adjust the settings for flash, metering, focus, color saturation, sharpening, contrast, a panorama mode, and so much more. With a little bit of skill, you can even take great images out of a tour bus window, such as this image of Tuscany below.

So next time you have a free moment, take a look at your camera’s manual with camera in hand, and start navigating your camera’s menu, and perhaps you can start improving on your photography just by adjusting some camera settings that are a good fit for you and your style of shooting.