{"id":323,"date":"2010-04-02T22:14:50","date_gmt":"2010-04-03T02:14:50","guid":{"rendered":"https:\/\/thecopyrightzone.com\/?p=323"},"modified":"2010-04-02T22:14:50","modified_gmt":"2010-04-03T02:14:50","slug":"real-darkside-tale-1","status":"publish","type":"post","link":"https:\/\/thecopyrightzone.com\/?p=323","title":{"rendered":"Real Darkside Tale #1"},"content":{"rendered":"

Thanks to our readers for providing “Darkside” experiances. <\/strong>This tale is not based<\/em> on real events.\u00a0 Rather it is simply, true. The names, locations and other identifiers are utterly fabricated.\u00a0 We present this drama to you in three Acts<\/p>\n

Act I
\n<\/strong>
\nJoe Photographer\u00a0was recently hired to shoot stills for the California TV market. Specifically,\u00a0network affiliate’s weekly news feature program hosted by high profile, former beauty pageant winner, Tally Atwater, filmed in Sacramento.<\/p>\n

KXYZ had previously hired “Wire Service” (WS) to do the job, but they assigned\u00a0a 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\u2019s 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.<\/p>\n

Joe Photographer’s agent got a call asking if Joe was available for a trial run with an eye toward replacing WS.\u00a0 A deal was worked out: $600\/wk for 5-10 images, prominent photo credit required, unlimited non-exclusive following an embargo period,\u00a0no buyout, KXYZ handles syndication, Joe retains copyright. They initially wanted a Work For Hire arrangement, but agent said Joe does not do WFH, ever<\/em> as agent well knows that the rights to an image are just as important as the money, if not more so.<\/p>\n

They said, \u201cOh, OK.\u201d\u00a0\u00a0 Joe talked Tally into allowing him to photograph during<\/em> the show. KXYZ ordered him a \u201cblimp\u201d\u00a0for 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.<\/p>\n

So, now Joe shows up, shoots real<\/em> moments instead of canned ones, Tally is ecstatic and all’s heaven in TV land\u00a0KXYZ Producers are in awe that Joe knows when to shoot and when not to shoot<\/em>, the “Famous Guest”.\u00a0 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\u00a0Guest, oblivious to Joe’s presence, couldn’t have been a\u00a0better interview.<\/p>\n

Act\u00a0II
\n<\/strong>
\nTally, KXYZ and the entire KXYZ family are thrilled with Joe.\u00a0 Executive Producer of the weekly show recommends that Atwater\u2019s\u00a0people hire Joe to shoot Tally’s upcoming super-exclusive interview with Gov. Ahnold.\u00a0\u00a0 Joe’s Agent gets the request days before the interview accompanied by a WFH allowing for advertising\/promotion in virtually all forms of media.\u00a0 Agent discusses the shoot with a junior producer,\u00a0they 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, \u201cSounds awesome<\/em><\/strong>“! (Hey it’s California!) “I\u2019ll\u00a0get back to you in a flash\u201d<\/p>\n

Jr. calls Agent back,\u00a0 \u201cWow. Um, I\u2019ve been told they were thinking 5K<\/em>.\u201d Agent asks if,\u00a0 “we can meet in the middle”?, Jr. producer replies, \u201cI don\u2019t see why not.\u201d Jr. Producer calls Agent back, \u201cActually, I was just told its $1,500 plus<\/strong> a buyout<\/strong>, period”.\u201d Agent, “Sorry, we can\u2019t let Joe do it for that, maybe<\/em> usage of one photo, we could do.\u201d Jr. agrees to pass that along and call back.<\/p>\n

Enter Sr. Producer who calls Agent\u00a072 hours before shoot.\u00a0 \u201cSr\u201d, though residing in bucolic Northern California employs Brooklyn approach with accent to match. Sr. is extremely<\/strong> “irritated”. Sr. wants to know what the problem is, as Sr. “hires photographers in LA every day for $1,500” and\u00a0 “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,\u00a0Agent is willing to go to 10K, but if the magic number is really $1,500,<\/em> then the usage goes down to a single image – maybe”. Sr. says, \u201cThis is insane, I\u00a0we will cover his travel expenses, but we always do WFH for $1,500!\u201d Agent, “If you have a photographer in LA with access to the Governor,<\/em> who will\u00a0come up to Sacramento and do this shoot for $1,500 under a WFH, then by all means,\u00a0get that shooter on a jet plane”.<\/p>\n

Sr., now desperate: \u201cI don\u2019t even know who this Joe Photographer person is! I mean, seriously, we\u2019re talking an hour TOPS of shooting, and most photos end up on the \u2018cutting room floor\u2019 anyway so I can\u2019t understand what the big deal is!! Does HE have access?\u00a0 Has he ever even been to the Governor’s mansion?\u201d Agent counts to 15 and calmly states,<\/p>\n

\u201cOh, wow \u2013 I\u2019m sorry, I\u2019m 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<\/strong> 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”<\/em>.<\/p>\n

Sr. forges ahead, “But has he ever been to the Governor’s mansion while Ahnold was in office and shot him there”?\u00a0 Agent, “Yes, he has, on many<\/em> occasions…”\u00a0 Sr. exhales loudly and says, \u201cOK, I\u2019ve 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<\/em><\/strong> that’s offering him a chance to cover Tally Atwater interviewing the Governor exclusively<\/em> which\u00a0will be \u2018great exposure\u2019 for Joe and so (C). we want as much as we can get”.\u00a0 To which Agent replies, “I’ll talk to Joe and call you back”.<\/p>\n

Before Agent could call Sr. back to say, \u201cSorry, maybe next time,\u201d 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<\/em> 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\u00a0Joe”.\u00a0 Agent and Joe are fine but can’t help but notice the lack of promos anywhere for the upcoming blockbuster event.<\/p>\n

Act III
\n<\/strong>
\nSo 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\u00a0producer who is in the studio. LA producer says, \u201cOh, I think we\u2019ve already met \u2013 at the Governor’s mansion \u2013 on April Fool’s Day..\u201d Joe replies, \u201cUm, that wasn\u2019t me. It was supposed to be me, but it wasn\u2019t.\u201d Sacramento producer looks confused, LA producer is embarrassed. Joe says, \u201cLet me guess. You didn\u2019t get any photos<\/strong>.\u201d LA producer says, \u201cHow did you know\u201d? Joe says, \u201cBecause not just anyone can photograph the Governor in the mansion.\u00a0 I<\/em> can\u00a0just by calling him on his private cell number.\u00a0 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…\u201d Sacramento producer shakes her head. LA producer says, \u201cWell if we\u2019d 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\u201d.\u00a0 Joe hands LA Producer a card, and says, \u201cNext time, you<\/em> call my agent directly.\u201d
\nSo, KXYZ went from receiving a $15K proposal that would more than have\u00a0fulfilled 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. <\/em>As the MasterCard commercial says, \u201cPriceless!\u201d.\u00a0 Ms. Atwater was PISSED!\u00a0 KXYZ out negotiated itself into getting virtually worthless material.\u00a0 Some shooter undercut another photographer by doing a job as a WFH creating (un-credited)\u00a0images, which he\/she can never, ever license and thus make no “future” money.\u00a0 Sr. producer, the station and Tally all lose out and Joe who has a mortgage is out a fair fee.\u00a0 Rod Serling couldn’t have made it up – especially not\u00a0the awesome <\/em>part.<\/p>\n","protected":false},"excerpt":{"rendered":"

Thanks to our readers for providing “Darkside” experiances. This tale is not based on real events.\u00a0 Rather it is simply, true. The names, locations and other identifiers are utterly fabricated.\u00a0 We present this drama to you in three Acts Act I Joe Photographer\u00a0was recently hired to shoot stills for the California TV market. Specifically,\u00a0network affiliate’s […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-323","post","type-post","status-publish","format-standard","hentry","category-copyright-info"],"_links":{"self":[{"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=\/wp\/v2\/posts\/323","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=323"}],"version-history":[{"count":3,"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=\/wp\/v2\/posts\/323\/revisions"}],"predecessor-version":[{"id":326,"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=\/wp\/v2\/posts\/323\/revisions\/326"}],"wp:attachment":[{"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=323"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=323"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thecopyrightzone.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=323"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}