The vexing conundrum of how to deal with friends to whom I extend photographic favors has been on my mind a lot lately. Recently, I had to go through years of old notebooks and slide pages. This surfaced the memories of the significant number of free shoots I have done. I regret none of them. From an existentialist perspective; they are in part responsible for making me who I am today. However, in all these years, I have rarely felt that the recipients of the free work appreciated what they got. Most people think that photographic talent is a part of the genetic makeup of the photographer much like arresting beauty is part of the genetic makeup a model. “Oh just point your camera sweetie darling, it’s what you do.”
To combat that attitude I have sorted out an excellent solution to draw attention to the value of your talent and time for those instances that you extend yourself for free. It’s not the least bit dishonest, but it does require a splash of hyperbole, and, maybe, the invention of an imaginary gate keeper of your career.
Psychologically speaking, whenever you shoot a freebee for someone you’ve never slept with there is a subconscious attitude that you’ll have toward the shoot. It starts with; “I can knock this out fast.” Then continues with; “I had no idea this person was so high maintenance, do they know I’m doing this for free?” And finally ends with; “If I don’t get around to the post production on this free job I’m not going to get to go to their fabulous christmas party this year.”
In the recipient’s head, not a lot is going on. As much as we like to entertain the sanguine notion that we were chosen out of a field of many photographers, the reality is we were chosen because we were most likely to say “yes.” Or worse, you are the only photographer your friend knows. Watch their eyes. As soon as you agree to shoot for free, their eyes become relieved and then client-entitled.
Bringing a sense of reality to the free transaction requires three things:
1. An agent; real or invented. You can also use a real or invented accountant, or any other official type sounding person.
2. A bona fide bid which will turn into a bona fide invoice.
3. A pen. Preferably black ink.
Work up the bid for the freebee job just like you would any job. Make sure you include your fees. When you show the document to your friend and they question the fees, explain that they won’t have to pay them, they’ll just be responsible for the expenses. Further explain you have to include the fees on the “paperwork” because of your “agent’s” or “accountant’s” policy.
When you deliver the job, ask your friend to make out two checks; one for the expenses, which you should be reimbursed for, and one for the fees. Then have them write “VOID” on the check that they wrote for the fees. Again telling them that it is a part of the policy of your agent or accountant, or some sort of tax thing. On the invoice indicate the receipt of expenses check as a payment, then indicate a “friends and family” discount in the amount of the fees. If the job doesn’t have any expenses associated with it, have your freebee client write a voided check for the fees only. As much as you’ll want to make yourself look good to your friend with an inflated fee, don’t. Keep things true to life so you don’t lose the value of the exercise. Not only is this good to raise awareness of your value to others, it’s also good for buttressing your self worth.
It may seem like it will be a little uncomfortable to go through this effort, which is why you make your real or fictitious agent the heavy. The benefit of this process is that it will put your talent into a monetary perspective that probably didn’t previously exist before you offered the pen to write the check.
A final note of emotional safety. The above should never apply to ex-lovers. If you try and pull this with someone you used to date, you’re asking for an inventory of your time together. Just smile like you mean it and get the job done. For free.
Been doing this lately, sending an invoice so they know the value of my time and then not a surprise when they need to hire me for an actual job. Thanks Lou!
great post – thx
While I have always advocated against working for “free”, if you are discounting or giving a courtesy rate your regular rate and/or licensing fee should appear on your paperwork. The amount of the discount should be reflected and contingent upon strict compliance with any payment or licensing terms contained in your paperwork. Simply put, the discount evaporates and (at least) the full fee becomes due.
Jack Reznicki and I address this issue at our lectures and in our articles for Photoshop User Magazine and at thecopyrightzone.com. We emphasize simplicity, directness and skipping the drama in about 99.62% of all business transactions.
Inventing non-existent third persons as suggested in the above piece, is potentially very dangerous and could lead to all sorts of legal problems or claims including those in misrepresentation or fraud. At least two attorneys could purchase shiny new vehicles as a result of such misleading information being employed. The scenarios are endless and costly even if the legal cannon ball were to be successfully dodged.
Completely ignore and disregard (intentionally redundant) the legal problems that could arise for a moment. Pause, question and think: what if word gets out that such fabrication was part and parcel to “your” deal or manner of doing business – even for free or discounted services? Your reputation would likely suffer or could even, evaporate. What took a lifetime to mold, becomes mold.
Why tempt fate? Why seek out sleepless nights? Why sign over your child’s college fund to a gleeful attorney who can now deposit same at the Mercedes dealer?
Simply put your usual rate, the reasons for the discount and the consequences if your client shall we say, “takes advantage of you”. Leave the drama to Lindsay Lohan.
Edward C. Greenberg, Esq.
“What took a lifetime to mold, becomes mold.”
Love this Ed. Forgetting the legal problems, inventing a non-existent person is just plain dishonest.