Ethical Business Practices

I received an email this morning from a concerned model.

"Hi David, I had a photographer message me on Facebook and they told me they would love to work with me. They said to pick the kind of shots I wanted and they would copy any photographer out there and beat the price of the photographer. I was really surprised that some photographers in the industry operate like that. Is that normal? I respect you and just wanted to give you a heads-up."

It's not the first time I have heard something similar to that and in fact, I have heard similar from personal trainers and competition suit designers. It seems anywhere personal services are rendered, someone wants a cut of the pie and are willing to do anything for it. I understand someone starting out needs to be "discovered" - most definitely. But, there are better ways to go about it, that will allow you to fit in more seamlessly, and will earn you respect along the way.


I am in the process of writing a fairly in-depth feature on the topic of professional photographers and professional conduct that will be released later next month. This will be focused professionalism and lack there of in other areas of the fitness photography industry. Over the past summer I have heard more stories than I'll be able to touch on. Some are almost unbelievable. I will leave those for that article which I think every model will want to read, especially if you are new to this industry. It's going to be a good one and I'm sure it'll hit home for a few photographers that are in the industry, in part, for the wrong reasons.

Back to the matter at hand. What I find disappointing is that there really are photographers that lure business by under cutting prices while misleading models. I can speak to this as I have been involved in this industry for over 25 years in different capacities and have seen the industry from all angles. Only a small, select number of photographers are really connected with the magazines, however, many promote the fact that they "submit to magazines". This is meaningless in many accounts as most are not regularly published. Anyone with a camera can submit, but only the top photographers are regularly printed, and by regularly I mean in almost every issue of the magazines of their choice. I feel bad when a model tells me they paid this amount and shot with this or that photographer who promised them a spread or even a cover and it never materialized. I know for most, money is scarce these days, and sometimes the better price, accompanied with the promises are enticing.

This is part of the reason I decided to join the Professional Photographers of Canada this past summer. To further distance myself from the masses that are emerging from under the digital rocks. Referring back to the model's message, the way I see it, photographers are welcome to try to "copy" my work, but a key element, my personality, is something no one else will be able to copy. At a recent contest I was approached by a male bodybuilder who has competed in five different decades, in over seventy events. We had never spoken previously. He shared, "David, there is a unique depth to your images. You capture the soul of everyone you photograph. That is a special talent. You have a gift." That was powerful. I strive to capture the essence of every person I photograph. I take the time to get to know the individual including their interests, quirks, and everything that makes them unique. Each person is beautiful. That is something I truly believe. It's a challenge to succeed in this "connection" area given you have maybe a couple hours tops with an individual, which is why I believe this quality helps separate photographers and allows those with special abilities to find their niche as I feel I have found mine.

Let's look a little more into "copy". A lot of photographers gain "inspiration" from looking at other photographers work. As I eluded to in my blog Evolution, it's sometimes necessary to "conform" for the sake of getting published as most magazines have formats and styles that are consistent. It doesn't sprout creativity but if you want to get published, you may need to change your style to fit the desired look.  However, I feel it's important for photographers to evolve uniquely which is why I choose to rarely view other photographers work outside of magazine covers I see at the local Chapters. To remain unique, I think it's important to refrain from studying other photographer's work, especially in the same industry. This applies to lighting and to post-shoot image production. I sort of feel for the photographers who's main goal is to get published as they will definitely loose themselves in the process.

There are three strong components that make up a good photo - emotion, pose and lighting. Great images have all three. A lot of photographers shoot today with post work in mind. They rely on edits to create the element of uniqueness that sets them apart. In the days of film, having your own lab allowed you creative control, from dodging and burning to the cross processed procedure. Today, with photo editing programs, everyone has access to their own "lab". I'm asked regularly how I feel about it. Honestly, I am thankful for it as it allows diversity in the final product. For myself, when I add my red "Ford" stamp, it means I am happy with my product - it expresses my creative side to a level I'm comfortable with and proud of.

I'm told by most of the models I work with that they really like the fact I am a minimalist, meaning, I do very little editing post shoot. Consequently, the model looks like themselves after all edits are complete. I credit this skill set to my days shooting on slide with the use of vision and a light meter. The work that goes into many images now - after the fact - is a form of art for sure but it's a step away from what "photography" still means to me. My feeling is that photography is the "capture of a moment". We have all heard that expression. A moment never changes and is as it is. Altering photos is another form of art that is somewhat under the umbrella of a graphic artist. I always aspired to be a photographer which is why I typically keep my images clean and simple.

Let's get back to the message I received from the model. This summer I heard from many models that this photographer and that photographer were trying to copy my work. I even had a couple models tell me they were asked to use their phones to take pictures of my lighting set-up. It's both flattering and disturbing at the same time. Sure, many say to be successful you need to follow in the path of someone successful, but when it comes to art, it's a personal choice, and a personal style of work. The relationship between photographer and model should be unique, just as the lighting and set should be unique to the desired results and that should be determined by the mind and eye of the artist. That should never be copied, and in truth, really can never be copied. I'm not one to shy away from sharing my lighting techniques and set-ups. In fact, on multiple occasions I have literally drawn up my lighting set-up to show other respecting photographers how I achieved a final image, however, when someone tries to sneak around to learn trade "secrets" then I feel a line must be drawn.

I have made a number of friends in the photography industry over the years, including the best Alberta and Canada has to offer in the realm of fitness and glamour fitness. These are individuals that have shown me respect and have shown other photographers and their clients nothing but respect. They have put in their time, have never bashed anyone or tried to copy anyone. As a professional, I appreciate that. There is an order to ethical, professional photography business, and conduct, as a whole, plays a huge factor in the acceptance of others into the elite group.

I feel there is little, less professional then a photographer attempting to copy another photographer's body of work and I find it even worse to hear that someone is willing to try to copy AND under cut prices of someone trying to make a living from their business. As it turns out, and I wasn't surprised, this  "photographer" the model was alluding to wasn't a full time photographer. My thought is, I wouldn't even consider him an amateur photographer as most amateurs conduct themselves professionally. My suggestion for those photographers trying to get started in this industry, or any industry, is to conduct yourself professionally if you want to be taken serious and welcomed. Make it a point to show respect to those already established. At one of my model searches at West Edmonton Mall, I was approached by a photographer who introduced himself and explained who he was, and that he would like my permission to shoot my event. I was impressed and obliged. I would now consider him a respected professional and a friend. At the same event, there were two other photographers I didn't know that snuck around to take photos. There came a time when I had to lay down the law, and since, I haven't seen either again.

One last point to consider. Professional photographers maintain a price that is competitive depending on their skill set, their overhead, and their contact list. If someone is set to "beat the competition" on price, I can assure you they are someone to be leery of for more reasons than just their business practices.

I have put together a list of factors to consider when choosing a photographer and a list of questions you should be able to ask a photographer. A professional won't mind taking the time to answer all your inquiries to your satisfaction.

Some important factors to consider when choosing a photographer are:

• Their photographic product is always high quality. They take pride in their work and how and where it is displayed.
• You typically get what you pay for. For the most part, the more you pay, the better product you can expect to receive and the better opportunities you can expect to see as a result of the photographers contacts.
• They are professional in all areas while dealing with you and others. Their words are always professional. 
• They are able to provide you with images you are looking for. When you work with an expert in a specific genre of photography be sure it's in the area you are focusing on. 
• Their conduct towards you is always professional. They are not calling you "babe" etc, posting "xo" on your Facebook wall, they do not touch you, nor message or call you for the sake of conversation, they never suggest nude photos if you are shooting fitness, they don't hound you to shoot and most won't approach models etc.
• They deliver on everything they discuss and promise you before the shoot in the timeline discussed prior to the shoot.
• They are willing to release co-rights to all the images to you, with perhaps a few temporary restrictions if magazine usage is discussed, so you can network and market yourself as you see best.
• They never bash other photographers.
• They have their own style and never deliberately copy other photographers styles of work.

Some important questions to ask a photographer before paying your deposit. 

• How much is the shoot, and what is included? 
• How long will the shoot be?
• Where will the shoot be?
• How many outfit changes do I get during the shoot?
• How many different settings will we be shooting in?
• If no website, can you please send me a link to samples of your work including print magazine tear sheets?
• Do I get all the images? If not, how many images do I get?
• If I don't get all the images, what is the rate to get more shots?
• Are the images I get full resolution or resized for web?
• How many images are edited? What size edits?
• When will I receive the images from the shoot?
• Do you have a model release I can review before the shoot?
• Who owns the rights to the images? Are the photos mine to use and submit as I wish? 
• I'm paying for the shoot so I get a final say in where you will use my photos. Any issues with that?
• Because I am paying for my shoot, any profits you make from the images will be shared?
• Are you willing to sign my photographer release?
• Am I able to submit the images anywhere I like?
• Am I able to bring a companion to the shoot?
• Do you submit to any magazines? If so, what ones?
• How many issues of a magazine have you been published in over the last year?
• Who is your contact at the magazine?
• Do you submit to online webzines? If so, what ones?
• If at a later date, I ask for a photo to be taken offline, will you agree to take it down?
• You are not permitted to submit my photos to any stock agency without my permission. You ok with that?

These questions will give you a very good idea about the photographer you are considering. Professional photographers will have no issues answering all of these questions. If someone is hesitant, then you are better off declining the shoot.You can ask for references, but it would be wiser to dig a little and inquire from a variety of clients and not just the ones a photographer might list to you.

One last important tip. Most models will research a photographer by looking at their website and galleries of images, but how many of you Google the photographer? Good, most of you use Google. What key words do you enter? Name of Photographer, News, Scams, Complaints, Charges etc... it's some of these key words that will sometimes tell you more about a photographer than you can imagine. Don't be reserved. Dig deep and do your homework. I work with a prominent fitness magazine and just last week we discovered over a dozen scams using Status Fitness as the magazine they were shooting for while offering considerable payment. Authorities are looking into it now.

Thank you for reading this, rather long, blog. Sometimes when I get on a role I can go on forever but much of this message is important to models and photographers alike. If you found it beneficial, please be sure to share it on your Facebook, Twitter etc. Thank you.

About the photos: All six photos included in this blog were taken within the first couple months of me buying a digital camera in the summer of 2005. All shots were taken on the Nikon D100. In addition to these shots, I was shooting parallel with my Nikon F100 on slide film for model submissions to Robert Kennedy at Musclemag and American Curves. Over fifty images were sold from these two shoots that lasted a combined time of four hours.
A unique story regarding the first image. As I was photographing the first model in Vancouver, a harbor seal decided to crawl up and lay beside her to sun itself. As Fawnia would move, so would the seal. It was a very unique moment I have never witnessed since.
All images were shot early in the morning. The colour and feel in each shot were slightly altered to accompany this blog.