Thanks to our readers for providing “Darkside” experiances. This tale is not based on real events.  Rather it is simply, true. The names, locations and other identifiers are utterly fabricated.  We present this drama to you in three Acts

Act I

Joe Photographer was recently hired to shoot stills for the California TV market. Specifically, network affiliate’s weekly news feature program hosted by high profile, former beauty pageant winner, Tally Atwater, filmed in Sacramento.

KXYZ had previously hired “Wire Service” (WS) to do the job, but they assigned a less-than-talented local photographer and KXYZ nor Ms. Atwater were happy with the resulting imagery. KXYZ was paying $350 per week for a photographer to show up, take pictures of the week’s guests meeting with Ms. Atwater in the green room. The photographer was not allowed on set during the show which was done live. Photographer also shot stills of the remote guests frozen on the video monitor. KXYZ owned all photos and WS distributed them for KXYZ.

Joe Photographer’s agent got a call asking if Joe was available for a trial run with an eye toward replacing WS.  A deal was worked out: $600/wk for 5-10 images, prominent photo credit required, unlimited non-exclusive following an embargo period, no buyout, KXYZ handles syndication, Joe retains copyright. They initially wanted a Work For Hire arrangement, but agent said Joe does not do WFH, ever as agent well knows that the rights to an image are just as important as the money, if not more so.

They said, “Oh, OK.”   Joe talked Tally into allowing him to photograph during the show. KXYZ ordered him a “blimp” for his camera so that he could shoot without disturbing the sound quality and he talked them into getting their editing team to handle the remote guest images by selecting a frame grab.

So, now Joe shows up, shoots real moments instead of canned ones, Tally is ecstatic and all’s heaven in TV land KXYZ Producers are in awe that Joe knows when to shoot and when not to shoot, the “Famous Guest”.  Guest has personal assistant in tow. Assistant’s duties include “shielding” because Guest never wants his/her photo taken and finds photographers “annoying” (who doesn’t?). Atwater knows her guest well and notices that Joe gets photos of Guest, stealthily moves on and Guest, oblivious to Joe’s presence, couldn’t have been a better interview.

Act II

Tally, KXYZ and the entire KXYZ family are thrilled with Joe.  Executive Producer of the weekly show recommends that Atwater’s people hire Joe to shoot Tally’s upcoming super-exclusive interview with Gov. Ahnold.   Joe’s Agent gets the request days before the interview accompanied by a WFH allowing for advertising/promotion in virtually all forms of media.  Agent discusses the shoot with a junior producer, they settle on 15K for unlimited usage of up to ten selects. Joe retains ownership of all images, no buyout but broad usage – more than KXYZ really needs. Junior producer says, “Sounds awesome“! (Hey it’s California!) “I’ll get back to you in a flash”

Jr. calls Agent back,  “Wow. Um, I’ve been told they were thinking 5K.” Agent asks if,  “we can meet in the middle”?, Jr. producer replies, “I don’t see why not.” Jr. Producer calls Agent back, “Actually, I was just told its $1,500 plus a buyout, period”.” Agent, “Sorry, we can’t let Joe do it for that, maybe usage of one photo, we could do.” Jr. agrees to pass that along and call back.

Enter Sr. Producer who calls Agent 72 hours before shoot.  “Sr”, though residing in bucolic Northern California employs Brooklyn approach with accent to match. Sr. is extremely “irritated”. Sr. wants to know what the problem is, as Sr. “hires photographers in LA every day for $1,500” and  “has no time for this”. Agent explains that given the expansive advertising usage sought, 15K is a BARGAIN, but given Joe’s ongoing relationship with Tally’s weekly show, Agent is willing to go to 10K, but if the magic number is really $1,500, then the usage goes down to a single image – maybe”. Sr. says, “This is insane, I we will cover his travel expenses, but we always do WFH for $1,500!” Agent, “If you have a photographer in LA with access to the Governor, who will come up to Sacramento and do this shoot for $1,500 under a WFH, then by all means, get that shooter on a jet plane”.

Sr., now desperate: “I don’t even know who this Joe Photographer person is! I mean, seriously, we’re talking an hour TOPS of shooting, and most photos end up on the ‘cutting room floor’ anyway so I can’t understand what the big deal is!! Does HE have access?  Has he ever even been to the Governor’s mansion?” Agent counts to 15 and calmly states,

“Oh, wow – I’m sorry, I’m used to working with New York or LA producers and editors who would never assign something this important to someone they had never heard of! I just assumed you knew who Joe was. Yes, Joe Photographer has had access to the Governor for some 20+ years going back to their Hollywood days and Joe being a favorite of the Kennedy family because he only goes back some three decades with his close friend Maria – you know, “Mrs. Ahnold”.

Sr. forges ahead, “But has he ever been to the Governor’s mansion while Ahnold was in office and shot him there”?  Agent, “Yes, he has, on many occasions…”  Sr. exhales loudly and says, “OK, I’ve got $1,500 for this so (A). what can I get for $1,500? and (B). Tell Mr. Photographer that this KXYZ the region’s ratings leader that’s offering him a chance to cover Tally Atwater interviewing the Governor exclusively which will be ‘great exposure’ for Joe and so (C). we want as much as we can get”.  To which Agent replies, “I’ll talk to Joe and call you back”.

Before Agent could call Sr. back to say, “Sorry, maybe next time,” Sr. calls again leaving a voicemail: “KXYZ wants 3 images for $1,500 total, $500 per, and if they want more, they will let Agent know after they see the selects”. Moments later yet another voicemail from Sr, “We found one of our regular photographers who is more than happy to do the shoot within the budget and so we don’t need Joe”.  Agent and Joe are fine but can’t help but notice the lack of promos anywhere for the upcoming blockbuster event.

Act III

So Joe is doing his next job for Tally Atwater’s regular show on the KXYZ. One of the Sacramento Producers introduces him to an LA producer who is in the studio. LA producer says, “Oh, I think we’ve already met – at the Governor’s mansion – on April Fool’s Day..” Joe replies, “Um, that wasn’t me. It was supposed to be me, but it wasn’t.” Sacramento producer looks confused, LA producer is embarrassed. Joe says, “Let me guess. You didn’t get any photos.” LA producer says, “How did you know”? Joe says, “Because not just anyone can photograph the Governor in the mansion.  I can just by calling him on his private cell number.  When my agent quoted the cost for the shoot, which was seriously below the normal rate considering the usage, I guess KXYZ thought they could just bring anybody in with them…” Sacramento producer shakes her head. LA producer says, “Well if we’d known you were available, I guess we would have gotten the photos we needed. I did get some nice exterior photos of the Governor walking into the mansion”.  Joe hands LA Producer a card, and says, “Next time, you call my agent directly.”
So, KXYZ went from receiving a $15K proposal that would more than have fulfilled both its news and publicity needs to paying some poor schmo $1,500 to sit outside the mansion while the interview he was hired to shoot, went on inside sans photography. As the MasterCard commercial says, “Priceless!”.  Ms. Atwater was PISSED!  KXYZ out negotiated itself into getting virtually worthless material.  Some shooter undercut another photographer by doing a job as a WFH creating (un-credited) images, which he/she can never, ever license and thus make no “future” money.  Sr. producer, the station and Tally all lose out and Joe who has a mortgage is out a fair fee.  Rod Serling couldn’t have made it up – especially not the awesome part.