Leslie Burns' non-lawyer presence
The newest Creative Lube (Nov 09) is now available for purchase. This episode is over 25 minutes of information on IP issues which affect photographers and other creative professionals. Important stuff in today’s marketplace and some of it I bet you don’t know or have even thought about. But you should.
For example, can you answer this question: can your clients ever sue third parties for infringing on your copyrights?
You can purchase the individual episode (and others) here.
We all remember our parents telling us that it doesn’t matter what someone looks like on the outside, it’s who they are on the inside that counts. That is absolutely true. Its our talents and creativity that really matter when it comes to doing our jobs, and all of that is “inside” material, of course.
Unfortunately, we are all judged first on the outsides. Study after study have shown that people who are perceived to be physically attractive are generally more successful than those who aren’t. And in a creative industry, this is even more true–your external image counts a lot, perhaps much more than you realize.
Image (in the rest of this post I’m going to use that word to mean your physical external image to the world, not a photographic one or your vision) is important. Like it or not, that is just the way it is. But, it is also a game of perception. There are plenty of people who are not technically beautiful people who are, nonetheless, perceived as attractive and, therefore, have that leg up over their competition. You can take steps to be one of those people. In other words, if you are tall, trim, with facial symmetry (that’s what counts when it comes to being seen as a physically beautiful person, in case you didn’t know) and great skin, well, thank the gods for your lucky roll of the genetic dice. Most of us do not fall into that category. But we can still look fabulous without resorting to plastic surgery.
The first step is to spend time with your grooming. Because creative pros so often work alone, it is easy to get into the habit of skipping a shave here and there (I’m I’m not just talking about the men) or not bother with makeup or hair products (and I’m not just talking about women here). You might think “no one is going to see me today so I don’t have to…” but the reality is that you will encounter other humans just about every day. Maybe it is only the FedEx guy or the people at the grocery, but each of these people count. You are putting the image of your business out there every time you use your business AMEX card or accepting a package or whatever–and you should always look like a put-together professional.
So start every day with good grooming. Bathe or shower (yes, I’m afraid I really do have to mention this) regularly, keep your hair trimmed and pay attention to details like nosehairs, earhairs, armpits and legs. Yes, for you women who choose not to shave, you must understand that it is a detriment to your business to have visibly hairy pits or legs–keep them covered (fair or not, that’s just they way it is– the preferred aesthetic is hair-free). Also for women, pay special attention to mustaches and stray chin hairs–wax, laser, bleach, whatever. Men need to shave every day and to keep any facial hair they choose to keep very well trimmed. I see many creative males with these scraggly beards–they do not make you look like an Artiste, they make you look unemployed (and unemployable). Same for the sloppy haircuts. If you want to do tossled or spikey, then make sure you are using product. Women, same thing–you can do the deliberately “messy” up-dos, but take the time to make them look good.
Oh, and don’t forget the deodorant and consider wearing cologne. Scent is important and can stick longer in human memory than many other things. Stick to light scents if you choose to wear any–think citrus (men) and light florals for women. Save the deep, musky, sexy scents for the clubs. And go easy on the amount.
Next, take a look at your wardrobe. What do you generally wear to work? While creatives get a special dispensation from the land of bad suits, that doesn’t mean you get to wear just anything. Yes, you can wear denim, but you should make it good denim, for example. Especially for meetings–you can still wear jeans if you insist, but make them a fine pair of designer jeans that fit you correctly (take them to a tailor even) and match them with a great jacket and fabulous (try collared) shirt. For men, if you look to magazines like GQ and pay attention to their business casual and even their weekend looks, you’ll probably be okay. One thing, though: no shorts. Ever. Really. Not even on a shoot when you can avoid it, with the exceptions being like in extreme weather conditions.
For women, the same general rules. If you are going to wear jeans, make them fabulous. Better yet, wear great slacks. Get some great jackets and get them tailored (same for the pants and jeans). Wear nice blouses to meetings, but knit shirts for shoots are fine (like really tailored t-shirt-ish shirts) but maybe throw on a scarf to just add a little somethin’-somethin’. Wear skirts or dresses to meetings when you can or want to (on shoots this is usually impractical of course). Women might be able to get away with city shorts (the very long shorts) but they must be worn with a jacket or something, and definitely great shoes to dress them up.
Speaking of shoes, for both genders this is something to which attention must be paid… and not just because I have a shoe thing like many women. Buy great shoes and keep them polished and in good repair. Many people notice shoes first as a marker of style–as creative pros, you should be stylin’! Again, because you don’t have to be conservative you are in luck here–there are all sorts of fabulous shoes out there for either gender, and most are comfortable too. Women don’t have to wear heels (for meetings) but they can, and men can consider classics like wingtips, or maybe some fun variation on a classic like a black & white spectator (fun!). The one thing you should avoid? Flip-flops. I love ‘em too, but even the fanciest still don’t come off professional enough.
Finally, take a look at accessories. Jewelry for both genders is fine, as long as it is cool and not tacky. Gold pinky ring? Probably tacky even if it has been in your family for years. Avoid the gold chain/open collar combo too, please, but earrings on either gender are now the norm in the creative industries so you can wear your diamond studs if you choose or, for women, your big hoops or long cascades. Rings can look great on either gender too, just be careful of the tacky. Generally, if you think some guy named Benny the Fish might wear it, just say “no.” Try a great watch for starters. Watches are another thing that people (rather surprisingly) notice and judge you on.
But you don’t have to wear jewelry or be flamboyant. The classics are always in style. Subtle, clean lines, well-pressed with starchy shirts and impeccably shined shoes, you’ll be just fine. Over the summer I saw a man in a perfectly tailored green-striped seersucker suit, white shirt with a monogram on his cuff, and tie. He wore no jewelry and had classically preppy shoes on as well. His skin almost glowed as his shave was close and his skin must have been well moisturized. It was over 80º outside and he just looked cool…in every sense of the word. Later I realized that he was actually a physically tiny man, but he came off as confident, successful, and just together.
The thing is to find your own style. But, “sloppy” is not a style. “It’s just easier to dress this way” and “comfort is my priority” won’t fly either. And you can’t use price as a barrier either. I often get complimented on my style and I can tell you that I never, ever pay full price for anything. Shops like TJMaxx and Marshall’s can be great resources, so can outlet stores like Nordstrom’s Rack. Even Target has some really solid foundation pieces you can get cheap to wear with your more expensive pieces.
The point is to look your best. You are your company’s representative to the world. You may be going to the store to get coffee for the studio, but maybe you’ll run into a client there–you never know. You want to look your best, look confident, and look like someone a client can trust. To do that, you need to up your outside image a bit. Think of it this way, would you feel more confident spending thousands of dollars with a doctor (specialist) who was well-groomed and had a nice office with good furniture and fresh flowers in the waiting area, or one who had a patched lab coat, stained carpet, and a plastic fern in the corner with dust on it?
I may end up writing an article or something from this information, but if/when I do, I will redact ALL identifying info (client, end-client, photog, etc.). This is more about the legalese and seeing if there is anything that appears in these POs which we need to worry about, or, on the other hand, which may look bad but actually not be a real concern.
I’ve written on success several times before. One thing that I have tried to teach is that it is so important to define success on your own terms. Your success will not be your buddy’s success. Some of us want expensive toys, others want to travel, others want to do what they love and the rest doesn’t matter.
There is no right answer. For example, I am in law school because I want to help you, the creative community, more. Some of my colleagues are in law school to make lots of money. Others want to defend the defenseless. Others are trying to earn their parents’ approval. Lots of definitions of success for people who are sharing the same path.
But, having said that, we all flip out occasionally–worrying about our careers and whether or not we can be successful. On that point, today I ran across a great Ted talk by Alain de Botton. In places, this talk is hilarious (sometimes very subtly so), but the points are helpful, sincere, and worth thinking about.
This is a brilliant idea– a standardized estimate form:
http://stocklandmartelblog.com/2009/10/30/can-we-all-agree-on-an-estimate-form/
Now if we can just get pricing standardized, we can get on with the business of making images with much less time, effort, and money wasted on the numbers part.
(a girl can dream, right?)
Notice how there haven’t been as many posts here by me lately? That’s because, for short things I have been posting mostly on the BAP facebook page. It’s much more convenient for things like links to articles or posts so I highly encourage you to fan the page and keep up with info there.
That being said, here are a couple of things I don’t want you to miss…
Rob Haggart has interviewed Selina Maitreya today on APE. It is totally worth the long read. Yes, Selina is my “competition,” but as most of you know, I don’t look on other consultants as competition but rather as colleagues. We each bring our own thinking into our work so, much like photographers, one size does not fit all. Selina is very smart and has a ton of experience and I have recommended her for years. Anyway, I’m sure her mp3 program is fabulous (I haven’t had time to review it personally) and this interview alone has loads of important info. Go, read, learn.
Now, on my own side, have you listened to my new Creative Lube podcasts? I just posted the latest one (you can buy it here). Each podcast is usually around 20 minutes long and costs only $8 each. Or, you can subscribe for a year for $80. Please note that the subscription will NOT give you access to previously posted Lubes, it’s for 12-months after the date of signing up.
Also, and still free, I will be releasing a new Manual next week. Are you on my email list? If you want to receive free Manuals, you need to sign up. Please include your url or some bio info especially if you have a generic email address (this helps me keep spammers/phishers off the list).
Finally, I posted this to Facebook and twitter last week and got some good responses, but I want to make sure I’m not missing anyone: I will be touring next May/June and if you would like me to add your town to my list of destinations, please shoot me an email. Also, let your local creative group know so that we can perhaps coordinate things.
Tomorrow is Monday and I will be posting a new Creative Lube podcast in the afternoon sometime (PT). If you are already a subscriber, you can get it as usual. But if you are not yet a subscriber, you need to sign up before I post to get this episode on your subscription. See, the way the system works is that the subscription is for 12 months– you don’t get previous episodes, only those released during your 12 month subscription.
You can always purchase the episodes you missed before you subscribed, individually. But I wanted to let you know about the upcoming release in case you’ve been meaning to subscribe, but haven’t gotten off your duff yet and done so. 😉
Subscribing saves you money, which is another reason I wanted to give you a heads-up.
This episode will be on how to change your luck. Real, scientific info that can help you change your luck. No flaky BS, I promise.
How marketing is like dating…
…you can use lots of online tools, but eventually, you have to meet in person.
There are all sort of dating sites out there. Chemistry.com, match.com eharmony.com, and many others (and about a billion “foreign bride” sites that we won’t even address here). Why are there so many? Because people have diverse interests and are attracted to different sites for different reasons (like a friend’s recommendation or the site’s own marketing).
There are even sites like meetup.com or common interest group sites that, while not technically dating sites, provide listings that enable people to connect.
All of these sources are potential places to meet Mr. or Ms. Right. People connect via these tools all the time, and then they exchange emails and maybe IMs. Eventually, there may be a phonecall, but that is fairly rare as most of the communication is done electronically.
Sound familiar? Photographers and photo buyers have lots of online sources now. Just like dating sites, some are more reputable than others (like altpick.com rather than portfolios.com), but even of the reputable ones, there are lots of choices. There are also all sorts of other social networking tools like Twitter and Facebook (FB). Photographers put themselves out there and, although there is NOT the reciprocity exactly like a dating site, buyers are also out there via their own posts on FB or blogs and, of course, they are listed on services like Agency Access.
Both sides want to put their best selves out there. Sometimes, unfortunately, they go too far in the fact spinning… especially on the photographer side. Sure, PhotoBob shot for Microsoft and lists it as a client, but it was a little test piece that ran in Pocatello only. Not a complete lie, but, well, it was in 1994 too.
Same thing happens in dating. We want to put our best “face” out there. Betty Single meets Bob Alone and though emails, etc., she learns that he is a successful businessman and, from his picture, he’s not bad! Bob is intrigued as well when he learns that Betty is a successful banker who describes herself as “active” and “young for her age”– her photo is pretty hot too!
At this point, everything seems to be going well–there is interest on both sides. For photographers, maybe you have exchanged tweets or you know that a certain buyer has clicked through on your e-promos. Great! But eventually you and the buyer, just like Betty and Bob, have to meet. Not just on the phone… in person. Just like them, you aren’t going to get anywhere unless you make a personal connection. Electronics will only take you so far. You can’t get to first base if you don’t get off the bench!
This can be great. You will get more work from people you have met personally than you will from those you have not. Like personal relationships, photographers and buyers have got to build a trust relationship to be successful and that is best done in the real world, face-to-face.
Unfortunately, this can be a nightmare if you’ve over-spun your abilities, work, etc.
Let’s say Betty really is a hot lady and her photo was not altered. Bob, however, has posted an image from about 10 years ago, when he still had a job and before he had the bad comb-over and when could still see his feet just by looking down. When her friend calls Betty’s cell 5 minutes into the date (yes, we do this), Betty will be “suddenly called away by an emergency.” Ahem.
If you have spun too much professionally, if you and your work (and your presentation!) do not match what you have put out there via all those electronic methods, you are going to walk into your buyer meeting and the buyer is going to get a call 5 minutes into the meeting where she will be “suddenly called away by an emergency.” Ahem.
Don’t let this happen to you. Emphasize the positive in your marketing and use those electronic tools, but don’t lie. Put yourself out there on sites where you feel like you are a good fit, not just some place where you think you are supposed to be; send e-promos to targets you think might like your work; build communities on sites like Facebook; share on your blog; but follow it all up by setting up meetings as often as you possibly can. These buyer “dates” will give you your best shot at connecting on the level you need to in order to get work. But you have to be real in all of this to get anywhere.
Being real doesn’t mean being a slob if you really are a slob. Just like dating, dress up for your meeting. Be your best you. Show up prepared and looking great–that includes having a high-quality book and leave-behinds. Consider bringing a small “gift”–like bringing flowers to a date (note, just like a dozen roses are too much on a first date, you can go too far on the gift–think simple, small, maybe a little print). But do work hard to get these meetings. Your payoff for your efforts will be worth it.
Several years ago, the photographer who got me into this biz (Stephen Webster) was having a birthday and his wife bought him the newly (re)released original Planet of the Apes movies, which he desperately wanted. She wanted to surprise him with it at a dinner they were going to have, with another couple, in a nice restaurant. The surprise? Someone in a gorilla suit would deliver it during the meal. But the person she had lined up bailed.
I volunteered. She happily accepted my offer.
I put on that gorilla suit (and blacked out around my eyes to make sure he wouldn’t recognize me), on a Saturday early evening, in mid-July Columbus, Ohio heat, and walked down the sidewalk (gorilla-style, of course), making ape noises at people. I was carrying the gift in a bag. I “gorilla-ed” into the restaurant, right past the maitre d’, and found the foursome. Then the fun really started. I abused the poor victim (and the others some), pulled hair, sniffed bits, put my fingers into food, made lots of ape-ish noises, and even threw bread. Then I presented the gift, made very excited ape noises, beat my chest, and left, still gorilla-ing all the way, unrevealed.
The people in the place laughed and stared and everyone had a great time. And the next Monday, at the studio, Steve told me the story of what had happened, saying how amazing the ape had been, how the person really pulled it off, and that he couldn’t figure out who it was! He was stunned when he found out it had been me.
Why am I sharing this story? Because I was completely liberated by that suit. I could never imagine doing half what I did in my regular clothes, but wearing the costume, I could be the ape. You can do the same in your business. One day when you have a client meeting– a new potential client– dress they way you think a really top-of-the-line photographer would dress. Spend the money on a really great outfit, and when you go to the meeting, play the role of the fabulous photographer. Just go with it. Do this especially if you are normally shy and self-deprecating. Pretend you are everything you want to be, everything you imaging a “real” photographer would be. Just have fun with it.
As others have said, fake it until you make it. In this case, don’t fake the creative but do fake the personal image. Wear a costume and play the role. At worst, you’ll have fun and not get the project. At best, you’ll get the project and be one big step closer to making real the imaginary person you were portraying.
Q: How much has Condé Nast lost?
Newsweek answers the question. Ouch.
My next question, however, is whether new technology will get there in time to resurrect the industry. Kindle and the new rumored Apple tablet/reader and other companies joining in, plus the already popular iPhone, well, we have to ask if this is just a huge evolutionary leap. Maybe this is a $1Billion growing pain?