Digital Photography: Commissioning Architectural Photography

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31 January 2009

EXECUTIVE SUMMARY: EDITORIAL LICENSING

Editorial publication rights are not typically granted to architects unless specific allystated in a written licensing agreement.
publication’s content is its most valuable asset, attracting both readership and advertisers. If the publication refuses to acknowledge the value of photography and does not secure an editorial license, the responsibility for licensing the rights may revert to the architect.
A photo credit is not equal to the value of the content (images) received by the publisher.

KEY POINTS TO MULTIPLE-PARTY LICENSING

All participating parties must sign anagreement before photography begins.
Each participant is charged a licensing feecommensurate with his or her specific usage needs.
Each participant is responsible for ordering and paying for his or her individual deliverables.

DIGITAL PROCESSING COSTS

People outside the graphic arts are often surprised to learn that equipment and

processing costs for digital photography are actually greater than for traditional

film photography.

Digital technology saves time and money “downstream” when the images

are used in various printing and publishing applications, but it requires the

photographer to spend considerable postproduction time to get the best results.

In effect, the photographer has taken over the work of the film lab, print lab and

prepress house. The specialized tools for capturing and processing high-end image

files are expensive and (as with most computer systems) are quickly obsolete.

Both digital and film techniques can yield fine images. In specific circumstances,

the photographer may prefer one or the other for technical reasons.

Delivery considerations

If the image is to be delivered digitally, it may have to be processed in several

different ways. Each destination has its own particular requirements. UPDIG, a

coalition of imaging organizations, describes current best practices for a wide

range of applications on its website, www.updig.org.

It may seem as though there are endless variations for delivering high-quality

images, but your photographer will be able to simplify the options as you

decide on your needs.

COPYRIGHT LAW

Under the Copyright Act of 1976 and the Berne Convention for the Protection of

Literary and Artistic Works, photographs (like designs and drawings) automatically

receive copyright protection immediately upon their creation. Copyright gives the

creator of an image the exclusive legal right to control how the image is used.

This control is exercised by granting licenses to specific persons for specific

uses. The right to use an image cannot be transferred by anyone without the

written consent of the copyright holder.

Absence of a copyright notice does not mean that an image is free of copyright,

and it does not relieve a prospective user from the responsibility of

obtaining permission from the copyright holder. Altering or removing a copyright

notice can result in liability under the Copyright Act and several other state

and federal statutes. Simply having physical possession of photographs, slides,

prints, transparencies, or digital files does not grant the right to use them.

Practical implications

It’s important that you and your photographer agree on the scope of the license

before the contract is signed and photography has begun. Outline your tentative

plans for using the images, even if they are vague at the moment, and negotiate

for optional future rights at the outset. Should your marketing plans change

mid-course, be sure to discuss them with your photographer.

If you are interested in sharing photographs with third parties who have not

been involved in the commissioned assignment (e.g., members of the design team,

contractors, consultants, product manufacturers, clients, tenants, or magazine

editors), they must understand that any use of the photos requires a written

license agreement from the photographer and payment for usage. If you’ve

received photographs without written permission for their use, do not use them

until you have secured licensing rights directly from the photographer.

Preparing for Professional Photography "A Checklist"

A LITTLE ADVANCE WORK PAYS OFF

Photography, like any outside service an architect might need, has both cost and

quality parameters—one to be minimized, the other to be maximized. By choosing

an experienced professional and, in particular, by following the due-diligence steps

recommended in the earlier pages of this pamphlet, you can be reasonably assured

of getting the quality of results you need. Likewise, you can minimize the cost by

working closely with your photographer in advance of and during the assignment.

The most productive photography assignment is one with few surprises while on

location. Delays, downtime and retakes are too often the cause of both unnecessary

expense and hasty compromises that may lead to disappointing results. With this in

mind, the American Society of Media Photographers has compiled a checklist that

covers many of the details involved when photographing architecture and interior

design. By collaborating closely with your photographer and paying attention to

details, you will maximize efficiency and productivity.

This checklist is not intended to be exhaustively complete. It should serve as a

stimulus to your planning and a reminder of the range of issues that may need your

attention in advance of the photography session. Every site is different; every season

has its special concerns. With a bit of forethought, you can help your photographer

get the work accomplished efficiently and without disruption to other activities

while also delivering the quality of results that you expect.

Commissioning Architectural Photography | 19

GENERAL CONSIDERATIONS

n Has the architect walked the site with the photographer?

n Who will be the architect’s representative during the assignment?

n What is the site contact name and number?

n Is security clearance required?

n Is there a security department that must be notified about the assignment?

n Is parking available for the photography crew?

n Are certificates of insurance required? Who needs to receive them?

Personnel

Consider who should be present and who should not be present during the photography,

and make sure that everyone is fully briefed on the roles he or she will be playing.

n Are the owner and the occupants expecting the photographer and crew? Do they

understand the nature of the project and the duration of the photography?

n If models will be used, are they employees of the tenant or the architect? Do they

understand what they may be required to do and to wear and how long they may

be needed?

n Are model releases required? (This is especially important for children.)

n Who is responsible for meals and for supplying water, coffee and snacks?

n Will a memo be sent to employees or tenants regarding advance cleanup and the

assignment date and time?

n Is any union permission required for photography?

INTERIOR PHOTOGRAPHY

Site access and security

n Where is the loading dock? Are there restricted hours?

n Will the photographer have total access or need keys to specific areas?

n Will the crew and equipment be able to get in or out after hours?

n Will a floor plan be provided?

n Will elevators be working?

n Does the photographer have access to ladders and dollies?

n Does the photographer have access to vacuum cleaners and cleaning supplies?

n Is there a cleaning crew in the space after hours? Can they and the photographer

work around each other?

n Will the air-conditioning or heat be off during the assignment? Do special

arrangements need to be made to keep the HVAC on or to turn it off?

n Will all alarms be off?

n Is there a secured place to store equipment during multiple-day assignments?

n What are the emergency phone numbers for assignments taking place during

weekends or after hours?

Illumination

n Does the photographer need approval to adjust interior, exterior and ambient light?

n Is the lighting computer-controlled?

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n Are the lights controlled by motion sensors?

n Is all lighting operational and are the bulbs consistent within areas?

n Will spare bulbs be available?

n Can lights be manually turned on and off from a circuit breaker?

n Will the photographer have access to the circuit box?

n Is a building engineer or an electrician available if required?

n Are there windows in the space? Is there a way to control ambient light?

Furniture and fixtures

n Do any decorations or signage need to be removed?

n Can desks be rearranged without permission?

n Will props or models be necessary?

n Does the photographer have permission/password access to turn on computer

screens, television monitors and AV equipment? Must specific images be loaded

into the devices in advance?

EXTERIOR PHOTOGRAPHY

n Will a site plan be provided ahead of time?

n Is there any construction activity?

n Are there window washers on the building?

n Is any facility maintenance scheduled?

n Will the interior of the building be accessible to adjust window blinds and lights?

n Can customer or tenant parking be controlled?

n Will the Police Department be needed for parking or traffic control on public

streets? Do any government authorities require that permits be obtained?

Landscaping and surroundings

n Is the landscaping complete and mature?

n Are there any fountains? Who can control them?

n Are there any computer-operated sprinkler systems, and can the photographer

control them?

n Will the photographer have access to exterior lighting and signage?

n Are there any decorations, signs or banners that need to be removed?

n Are the lights controlled by timers or photo sensors? Can they be manually

controlled?

n Has a client representative checked the site recently for dumpsters, scaffolding,

window stickers, fences, debris, graffiti or snow markers?

Licensing Photographs for Publication

THE VALUE OF PHOTOGRAPHY

When properly handled, placing attractive images in a trade or consumer publication

is a win for everyone. The publication gets better images, the architect gets favorable

coverage and the photographer gets a licensing fee for the use of the images.

Editorial images have tremendous value for both the publisher and the architect.

The magazine benefits because high-caliber professional photography adds to

both the design and depth of the stories. Good architecture, represented by good

photography, attracts a more affluent and professional readership. This allows the

magazine to charge premium rates for advertising and buffs the magazine’s prestige.

Although difficult to measure, prestige is more than a feel-good; it smoothes the

road and opens doors for the magazine’s editors and sales reps.

The architect benefits by gaining visibility and renown. Not only is the cost of an

editorial-use license far lower than the price of an ad in that same magazine, but

the credibility of editorial content is also far higher than advertising. In addition,

the architect can purchase reprints from the publisher at a fraction of the cost of

commissioning a similar piece from a graphics house or advertising agency.

Besides these benefits to the architect and publisher, the publication can benefit the

entire architectural profession and especially its students and emerging practitioners.

Architectural designs are not created in a vacuum but within an evolving tradition

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or cultural milieu, which both influences and is influenced by the newest designs. Written descriptions and drawings are important in this process, but photographic images are the most direct form of communication.

Without photos, architects would have to travel to see examples of successful design. It is no exaggeration

to say that good photography is a bedrock element of architectural progress.

ISSUES THAT MAY ARISE

Conflicts can arise, however, when the publisher, architect and photographer have

different expectations about rights and licenses. For example, if the architect has

submitted the images as part of a story pitch, the publisher may believe that it’s the

architect’s responsibility to secure the publication rights. The architect may not see why

there should be any restrictions on the uses of the photographs. The photographer

may be unsympathetic to the publisher’s deadline pressure, and so on.

It is a rare magazine publisher who would run a feature story without pictures, especially

if the images had been instrumental in getting the story planning started. At the same

time, the publisher would prefer not to drop the story out of hand; the magazine staff

has probably invested time in story development and would have to find something else

to run in its place, with the deadline inexorably getting closer each day. However, if the

necessary rights are not in hand, those are the unpleasant choices the publisher faces.

This discussion refers primarily to magazines and other periodicals, including journals,

newsletters and their online equivalents. However, we do not mean to exclude books from

the discussion. Deadlines are usually less urgent in the book business, but the upfront

investment of staff time and writers’ advances can create the same financial dynamics.

In the worst case, there may be a standoff, with neither the architect nor the publisher

agreeing to pay for the use rights and the photographer unwilling to give the rights

for free. If so, the book or the article will be killed and everyone will lose something.

SECURING AN EDITORIAL LICENSE

Since the magazine receives the most direct financial benefit from the use of the images,

it is most often the magazine that pays the photographer for the necessary license. The

publication typically contacts the photographer directly and pays a fee commensurate with

the value the images contribute to the magazine’s success. Several factors determine this

fee, including the number of images to be used, their printed size and their placement.

Thus, a photo used on the cover has a higher value to the magazine than photos used

inside. Other factors include the magazine’s editorial payment rates for photos that it commissions

from freelancers, the magazine’s circulation and the rates it charges advertisers.

Licensing of images for books follows the same principles as magazine licensing.

The fee is based on the type of book (e.g., college text, popular press, coffee-table,

trade paperback), the press run, and the size and placement of the images.

The publisher may refuse to pay this fee, either as a negotiating ploy or an attempt

to shift its editorial cost to another party. It is in the publisher’s interest to get the

license at the lowest cost, of course, and he may sometimes play a little hardball.

However, most photographers have established pricing, which is based on the value

that the images bring to the publication. Despite the publisher’s protestations, it’s

quite rare that a publication truly cannot pay. When that happens, it’s a sign that

the publication is soon to fold, because rights licenses are such a small part of the

total editorial, printing and distribution cost.

If the publisher can’t or won’t pay for the rights, the other option is for the architect to

obtain the editorial-use license. The cost is the same either way, and many architects find

that spending time dickering over who pays is costlier than simply taking the initiative.

It is rare that an architect will license broad publication rights in advance, although

it can be done. Without knowing what use a future publisher or art director might

make of the images, the photographer would write the license to cover a wide

range of possibilities and charge accordingly. This may not be a wise use of the

architect’s working capital.

THE VALUE OF A PHOTO CREDIT

It is often argued that a photo credit, like a byline, has value to the photographer as

a form of advertising. This is true in one sense: Its value depends on its prominence on

the page. However, it’s not true that the credit can be used to negotiate down the

license fee. Most photographers have already factored its value into their fee structure. In this respect, photographers and architects have much in common. Architects like to see their firm’s name on the

dedication placard, but they nevertheless expect to be paid for their design work. Professional photographers

view a credit line in much the same way. A visible photo credit may improve the photographer’s

chances of getting future work, but it’s not payment for the work that was completed.

BEST PRACTICE

In the optimum scenario, when an architect and a publisher begin discussing a

story, they decide who will be responsible for securing the license rights for the

images they want. The fee depends not on who pays it but on the value that the

specific use brings to the publication. In practice, the value of high-quality images,

both to the publication and to the architect, is always much greater than the cost—

and that’s why everyone wins when the deal is completed.

Controlling the Cost of a Photographic Assignment

PHOTOGRAPHY TO FIT YOUR BUDGET

Professional photography is of great value in advertising, marketing, magazine articles,

competition submissions and office décor. Good imagery is a powerful tool for

conveying the quality of your work.

Like architectural design and development, professional photography is a

custom service that can be molded to meet your business goals and stay within

your financial constraints. If your needs seem to outweigh your means, don’t

be discouraged. Following are a few ideas to relieve the pressure on your

budget.

SHARE THE COST WITH OTHERS

You aren’t the only one who might benefit from photographs of a project.

The owner, interior designers, landscape architects, contractors, consultants,

product manufacturers, tenants and others probably have similar pride in the

building and a similar need to market themselves. With some forethought,

all may be served by a single photography assignment where the costs can be

distributed equitably, to everyone’s advantage. Photographers who specialize in

architectural work are quite familiar with such arrangements. If this is your plan,

it is essential to let the photographer know about it before the initial estimate

is prepared.

The production fees (the photographer’s professional time) and expenses

(e.g., travel, consumables, props, rental equipment, assistants, models and stylists)

are generally not affected by the number of parties unless their separate interests

require different views or special setups. A sharing arrangement means these cost

elements may be lower for each participant.

Each party will be charged a separate rights-license fee, which is based on the use

he or she will make of the images. In addition, each participant will pay separately

for any special deliverables, such as large-format prints, web galleries, or image

files formatted and sized in different ways.

CONTRACTUAL FORMALITIES

After reviewing the assignment parameters, the photographer will provide a written

estimate that states the terms of the cost-sharing agreement and names the primary

commissioning client and other participating parties.

Alternatively, the photographer may draw up separate estimates for each of the

parties. This relieves the commissioning client of any responsibility for collecting

payment from the other participants. It also clarifies the cost-sharing details when

different parties need different views. For instance, it’s unlikely that the interior

designer will make much use of the exterior photography, while the architect

probably has limited use for photos of the furniture in the lobby. Nevertheless,

each of the parties will get the benefit of dividing the costs that are incurred in

common.

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LICENSING AND RIGHTS GRANTED

While all the participating parties will be sharing the expenses and the production

fee, each party will pay separately for the uses that he or she will make of the

images. The building owner may need only brochures for prospective tenants, for

which an advertising brochure license would be needed. The designer might require

website use and glossy prints for a portfolio. The architect might be interested in

web rights, large prints for the office lobby and permission to submit images for

competitions. Whether the assignment paperwork is framed in terms of separate

estimates or a single estimate with primary and additional clients, each party is

asked to sign a license agreement.

A vast array of uses and rights can come into play for any particular situation.

Some common standards exist. PLUS (Picture Licensing Universal System) has

compiled a glossary of licensing terms used in the photography and publishing

industries. Visit www.useplus.com to browse the definitions.

A REAL-WORLD SCENARIO

Suppose that an owner, a contractor and an architect discuss a cost-sharing proposal

for photography. Two of them agree, but the contractor decides not to participate.

A few weeks later, however, he needs to print capability brochures and asks to use

images from the shared photography session. Because he forfeited the option to

license the images at the pre-negotiated license fee and terms, he is now in the

same position as any outside party requesting use.

Photographers are usually willing to license images to third parties but typically

charge these parties at least as much as the original group for several reasons, including

different delivery requirements, deadlines and license terms. The photographer and the

latecomer will have to negotiate new agreements from the ground up. From the photographer’s

point of view, this is an inefficient way to do business. Multiparty licensing is

cost-effective because it allows streamlined planning and preparation for photography.

In addition, the latecomer can choose from existing images—while the original group could anticipate only the outcome of the assignment they had commissioned. There is also the factor of simple fairness: If non-participants could get photography at the same cost as participants, the benefit of cost-sharing arrangements would be negated.

Clear communication among all participants is of prime importance, whether the

photographer contracts only with the commissioning party (acting as liaison and

collecting the other parties’ respective shares of the fees) or contracts with each party

separately. The benefit can quickly be lost if the parties don’t share an understanding

about goals, timelines and licensing rights.

KEY POINTS TO MULTIPLE-PARTY LICENSING

n All participating parties must sign an agreement before photography begins.

n Each participant is charged a licensing fee

commensurate with his or her specificusage needs.

n Each participant is responsible for ordering and paying for his or her individual deliverables.A practical wait-and-see approach has its place in obtaining photography, as in any business decision. Sometimes the wise course is to license after the fact; other

times, it is best to commission a separate assignment. If your requirements are

congruent with the other parties’ needs, there is no benefit in standing aside from a

multiparty agreement. Rather, there can be considerable advantage to joining with

other parties, not only to minimize cost but also to participate in the job planning

and thereby ensure that the resulting images are useful for your business purposes.

PLAN AHEAD, ALLOW LEEWAY

Schedule photography well in advance and plan for some variability in the timing.

Creating photography on a rush basis adds to the expense, while a relaxed schedule

means that your photographer can work through any last-minute glitches without

incurring extra expenses.

The weather, too, can be a factor. A tight schedule means that foul weather and

other uncontrollable variables may become problems. In contrast, an extended

schedule may provide the opportunity to highlight your design with dusk or night

illumination, different people, moving vehicles and even a variety of changing

seasonal elements.

Another aspect of planning for photography is ensuring the site is prepared before

the assignment begins. Are the windows clean? Is all the construction equipment

out of sight? Is electric power on? In a pinch, problems can sometimes be retouched

away, but this adds to the postproduction time and can mean compromises in

image quality. It’s usually easier and less expensive to prevent the problems while

on site.

SHOP LOCALLY

In addition to minimizing the travel expenses, engaging a local photographer will

often allow the most flexibility in scheduling the work. It can also simplify getting

back on schedule after a weather delay.

The American Society of Media Photographers operates a free “Find a Photographer”

service at www.FindaPhotographer.org that lists several hundred specialists in

architectural photography. Only qualified professionals are in this database, and

you can search by geographic location and by specialty. The search results include

full contact information, sample photographs and website links.

USE FEWER VIEWS

It goes without saying that the number of views is a major factor in the job’s cost.

Each view must be composed and lit; the location must be cleaned and the background

cleared; all props and personnel must be in position. Each view takes time

and costs money. Get the most value from a given budget by listing concepts you’d

like to illustrate and assigning a priority to each. Your photographer can then make

sure that you get the most important images while staying within your budget.

WORK WITH YOUR PHOTOGRAPHER

A good photographer can bring to bear a wealth of experiences and skills to get

you the images you need at the lowest feasible cost. Just as small changes to a

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building’s specs can make a big difference to the cost of construction, so small

adjustments to a photographic assignment can drastically alter the cost of images.

Your photographer can advise you about the options and trade-offs that are available, giving you the freedom to

balance the costs and benefits to your advantage. The quality of the photography you use to represent your designs is a reflection of your firm’s values and affects how the market place perceives your business. There will always be someone willing to photograph your project at a lower price. A “bargain” can easily turn into

an expensive problem when the resulting images do not meet expectations and have to be re-photographed.

Commissioning a professional architectural photographer is an investment that can

prevent frustration while saving time and money. Most importantly, the photographs

you receive will be a valuable resource for your marketing as well as a source of

inspiration and legitimate pride.

Understanding the Estimate

Understanding the Estimate for a Photographic Assignment

SPECIFICATIONS FOR THE ESTIMATE

As a creative professional, you undoubtedly understand the importance of accurately

defining the scope of work in order to determine your firm’s design fees. Similarly,

to prepare an estimate, a photographer must have a detailed description of the

assignment.

Before you request an estimate, list the aspects of your project that you think might

best represent your designs. The list should identify:

n Assignment description with any specific concepts, architectural elements, or

design features you’d like to highlight.

n How the images might be used: documentation, portfolio, editorial features,

advertising, design competition submissions, websites and so on.

n Other parties, such as contractors or consultants on the project, who may want to

use the photos.

n Deliverables needed, such as digital files, prints or transparencies.

These are the major factors that a photographer needs to know in order to frame

an accurate, detailed estimate. Based on all these factors, the photographer submits

a formal estimate for the assignment. A photography estimate includes the assignment

description plus three other components:

n Licensing and rights granted

n Creative/production fees

n Expenses

Let us look at each of these in turn.

THE ASSIGNMENT DESCRIPTION

A description of the project will include its name and location, the number of views,

a list of deliverables and a timeframe for completing the assignment, plus any

extraordinary circumstances, such as dawn shots, all-night sessions, views from

cherry pickers, or aerial photos.

In some cases, the photographer may propose alternatives to your initial specifications.

As a creative professional, he or she may be able to visualize some ideas

you hadn’t considered or to find ways to get the desired results at lower cost.

LICENSING AND RIGHTS GRANTED

A photograph, like an architectural design, is considered intellectual property. The

photographer owns the copyright to the images he or she creates and has the

exclusive right to license their use. Licensing agreements are specific with regard

to use and should answer three basic questions:

n Who will use the images?

n How and where will the images appear?

n How long will the images be used?

This information may be detailed in the licensing section of the estimate, or it

may be supplied in a separate licensing agreement that grants specific rights to

commissioning clients. If several parties agree to share in the cost of an assignment,

the photographer will develop a separate licensing agreement for each individual

client to cover the permissions and rights.

PRICING

A photographer’s fee typically has three components:

n Creative or production fee

n License fee

n Expenses

Unless there is reason to separate them, some photographers will quote an

umbrella “creative fee” that includes both the production fee and the license fee.

However, when several parties have agreed to share costs, they usually need to

license different rights, and the production and license fees will generally be stated

separately.

Creative or production fee. This component reflects the time and skill it takes to

complete the assignment. Variables include the total number of views, scheduling

and deadlines, site logistics and artistic considerations such as unique vantage points

or special times of day. Intangible variables include the experience, creativity and

vision that the photographer brings to the assignment.

In addition to the time spent behind the camera, a photographer’s preproduction

and postproduction time is included in the production fee. Preproduction tasks may

include client meetings, advance site visits, meetings with the facility’s management

to organize access, conversations with building engineers to arrange technical coordination

with lighting, landscape maintenance and other site-specific preparation.

Postproduction tasks commonly include image editing and selection (which may

involve more client meetings), digital processing (color correction, minor retouching,

compositing), and preparing master files for final delivery. It is not unusual for

the postproduction work to consume as much time as the photography.

License fee. This component (sometimes referred to as the usage fee) reflects the

value of the authorized uses for the images. The value is determined by a number

of considerations, including how widely and for how long the images will be viewed,

reproduced and distributed. Typically, the more extensive the use, the higher the

fee will be.

Licenses use specific language to describe the rights being conferred. A glossary of

licensing terms used in the photography and publishing industries has been compiled

by PLUS (Picture Licensing Universal System); visit www.useplus.com to browse the

definitions.

To obtain the best value, negotiate a license for the entire group of images

based on your current and planned needs. There’s no point in paying for a right

that you will never use. However, it is smart business to negotiate a commitment

regarding the cost of additional rights that you might need in the future.

Expenses. If the job will require travel, specialized equipment, prop rentals, specific

insurances, or fees for location access, these will all be indicated on the estimate.

Likewise, the anticipated cost of hiring photo assistants, stylists and models will be

part of the total. There may be some contingent costs, such as for weather delays.

Expenses for digital photography may include charges for image capture, digital

processing, master file prep and postproduction tasks such as color manipulation

and digital retouching, archiving and file delivery. For film photography, expenses

typically include material charges for film, processing and supplies.

A WORKING DOCUMENT

Just as a breakout of fees and responsibilities between architect and client allows

the client to make adjustments to the project, so breaking out the components of

the fee structure allows architects to work with the photographer in changing the

proposed scope of work with a minimum of disruptions.

For example, suppose you initially asked for an estimate based on creating

images to be used for brochures, office displays, exhibitions and a website. After

you see the images, you decide to also submit them to a magazine in conjunction

with an article on your project. This constitutes an extra use, for which there will

be an additional license fee (and perhaps additional expenses to deliver optimized

images), but the production fee would not be materially changed.

Likewise, you may find that the estimate for the work as originally proposed is

higher than you had budgeted. Find out where there is room to reduce costs without

sacrificing the objective of visually “telling the story” of the project through the

essential views. In addition, the photographer may have suggestions for capturing

more successful views without significantly increasing the costs. We offer some

practical recommendations on page 10.