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Shoulda Called It...

Fred Garvin

Well-Known Member
Joined
Jan 3, 2019
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Location
DFW Metroplex
Website
orbisdroneservices.com
Went to shoot a church this morning. It was gonna be "iffy" as we got rain yesterday and the dry air isn't pushing in until this afternoon. Nice, pretty morning except for the humidity haze. It didn't seem too bad from the ground, but there was a little voice in my head saying "you're wasting your time"...Initial footage was looking okay so pressed on and got all my shots. Back in the studio on the big box...nope. No way I'm selling that. Shots were great, execution perfect...but the haze just ruined everything. No Posting it out either. My standards are pretty high. So, RESHOOT. (SMH)

This is a rhetorical post.....I'm just venting....and I didn't really "waste" my time as I did get to fly around a really neat property this morning. Here's hoping Mother Nature will hook me up this afternoon and bring the dry air in as forecast. It's gonna be warm, 95-96 but if it's dry and the Golden Hour is generous...I'll Bank this job tonight.
 
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Job Done.

I'm not actually producing anything for this job. They’re doing their own editing. They’re making a video to attract a new something or other, a high position in an Episcopal church. They have a local radio personality doing the narration and interview. I just shot a whole lot of B-Roll for them. No trimming, color correct, nada. Just a whole lotta raw B-Roll for them to choose from. I’m issuing a Non-Exclusive Digital Rights License so I’ve got some additional stock for my library as well.
 
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Went to shoot a church this morning. It was gonna be "iffy" as we got rain yesterday and the dry air isn't pushing in until this afternoon. Nice, pretty morning except for the humidity haze. It didn't seem too bad from the ground, but there was a little voice in my head saying "you're wasting your time"...Initial footage was looking okay so pressed on and got all my shots. Back in the studio on the big box...nope. No way I'm selling that. Shots were great, execution perfect...but the haze just ruined everything. No Posting it out either. My standards are pretty high. So, RESHOOT. (SMH)

This is a rhetorical post.....I'm just venting....and I didn't really "waste" my time as I did get to fly around a really neat property this morning. Here's hoping Mother Nature will hook me up this afternoon and bring the dry air in as forecast. It's gonna be warm, 95-96 but if it's dry and the Golden Hour is generous...I'll Bank this job tonight.
We've all been there Fred. It is a continuous learning process. How about waking up at 3:30am, driving 90 minutes to an Ocean front mansion to get a sunrise video and not realizing there is a huge tidal change. Great sunrise, awesome house, mud water shot.....Back in a week later when the tide cooperated.
 
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Job Done.

I'm not actually producing anything for this job. They’re doing their own editing. They’re making a video to attract a new something or other, a high position in an Episcopal church. They have a local radio personality doing the narration and interview. I just shot a whole lot of B-Roll for them. No trimming, color correct, nada. Just a whole lotta raw B-Roll for them to choose from. I’m issuing a Non-Exclusive Digital Rights License so I’ve got some additional stock for my library as well.

You've piqued my interested. Can you tell us more about when you issue Exclusive vs Non-Exclusive Licenses? Do you base it off of whether or not the footage has commercial value for more people than just your client? Do clients ever have issues with you requesting exclusivity? I'm relatively new to the game so haven't used contracts yet (25 jobs, no legal/payment issues, knock-on-wood), but this is definitely something I need to do soon. Do you use boilerplate stuff or did you work with an attorney?

On another note, wouldn't a polarized filter have helped with the haze? I know it's a pain to use them sometimes since they only work when pointed in certain directions before you have to re-adjust, but they can really bring out a lot of detail in weird conditions like this.
 
DO NOT consider this legal advice. I am not an attorney. This is simply what I learned in film school, in one of the most boring and arduous classes I had to take: The Law and Photography.

A Non-Exclusive vs Exclusive Digital Rights License has to do with ownership and use of the material created. Most don't understand that when they engage a Photographer, they do not own the images created for them. The Photographer owns the images as the creator and retains ownership rights to the images protected by Copyright Law. The Photographer issues a Rights License to the Client so they can use the images. These licenses are Digital or Print, in the case of physical media.

Exclusive - The Client is the only one who can use the images. Nobody else can, including the Photographer who created the images. (Unusual)

Non-Exclusive - The Client is allowed to use the images and the Photographer also retains the right to use the images as well. (Portfolio, exhibitions, galleries, online, whatever) (Normal)

You can issue a combination of these as well, for example, giving the Client Exclusive Rights for 6 months and after that, it becomes Non-Exclusive.

NOTE: If a "Work For Hire" situation is created, then the work would be owned by the hiring party and not the Photographer, who has become an employee. This would happen by a company or individual hiring you, putting you on the payroll, issuing paychecks, withholding taxes...all the trappings of a job and working for someone else. This would be unusual and all parties would well understand the situation and ownership of the work created.

So, why do this? Well, if I was to issue an Exclusive Rights License, or allowed a "For Hire" situation to exist, then I cannot do anything with any images or work I create. It's all dead to me and the time and energy I've put into it is wasted. I can't use it for anything else. I can't show it off in my Portfolio, exhibit at a gallery, sell to another party (Stock B-Roll)....anything. IF I were to ever allow this to happen, I would make sure that the $$$$ I'm being paid would fairly reflect the loss of possible future income and promotional consideration. In other words, if you want to "own" the work or have Exclusive Rights to the work, it's gonna cost 10X what you'll pay for Non-Exclusive Rights. So, I issue licenses for the work I create on every job.

Obviously, there is a WHOLE LOT MORE to this subject and above is a very brief overview. There is so much more minutiae, details, exceptions, qualifiers, you name it...I could not possibly cover it in an Internet Post. Please seek legal advice in your area from an attorney and/or do your own research into this. There are plenty of great books on this including the textbook I had to study in film school. (Torture, plain and simple torture)

Filters - Maybe, but I really don't like them and won't use one rather than seek better conditions. Polarizers are great for glare off reflective surfaces and can help, but you can tell when they're being used. Unless its the only opportunity you'll have to get the shot, to me it's just lack of professional commitment to quality and an effort to produce a truly great work. Plan the shot and get it when the conditions are right. If not, try again and don't settle for excuses. Goes along with "Get it right in camera" and don't depend on "Posting" it out.

Just IMHO, so filter users don't flame me. You do you and own it.
 
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Some friends from the Midwest came out to visit us and wanted to go up to Yosemite. We made reservations (now required even for one day visit) They had their cameras and wanted pictures of their vacation. When we arrived in the Yosemite Valley the smoke from all the fires was so bad any hopes of decent picture was out. Drove up to Glacier point, same thing, not as bad but smoke ruined their pictures.

A picture they took of Half dome from glacier point
DSC_1235.JPG
 
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