A IDEA THAT SHOULD HAVE WORKED
MAY 1987 VOLUME 93
that YOU all understand the full concept of the Marketing Programme,
I will endeavor to lay it out step by step giving you all of
the information that I think I have to allow you to make an
informed decision as to whether this program is for you.
sittings will be fully paid sittings and there will be no freebees
offered to get your customer into the studio.
ARE WE GOING TO DO IT
will be using a prepared script and will book where possible, without pressure, appointments for your studio in any of the fields which you
wish to undertake.
- HOW MUCH WILL THE CUSTOMER SERVICE PERSON COST
WILL THIS PERSON BE TRAINED
second day will be to train you and your customer service person
on techniques that will be used to put this marketing programme
into place and what sort of script etc the telephone person
will use. These
will be two days of extremely high pressure and will possibly
be the most important part of the whole marketing programme.
It bombed ....badly... however Stuart Riddell took the same program and modified it a little... or a lot and has become one of the most successful portrait photographers in NZ and beyond.
IDEA THAT SHOULD HAVE WORKED
WE WANT TO DO
I believe that is a simple explanation of the copyright law as it is applied to Professional Photography in New Zealand.
COPYING OF PHOTOS
In the case of Wedding Photography there is so much time involved in and the wedding assignment, that I am unaware of any Photographer who is able to charge sufficient fee to cover the creation of negative costs. Therefore, Wedding Photographers rely completely on the sale of reprints or albums to recover their costs.
the advent of the new Copy Machines several Photographers have
found that complete weddings have been copied and they have received
basically no income at all for the work put into those weddings.
Photographers have found that their Portrait clients have copied
their proofs, or where transparency's are used have ordered one
print and then had those prints copied at a much lower cost.
if this trend continues Photographers will have two choices. One,
to put up their fees sufficiently to make a negative creation
fee and thereby lose probably a large percentage of their existing
customers. Alternatively simply go straight out of business.
believe that if the Photographers have the copyright assigned
to them, or their assignee they will then have legal redress to
stop the photocopying of the images they have created.
the assignment of copyright will have to be such that it will
stand up in Court and I believe that within six months off this
system being established, it will be tried in Court several
believe that this is beyond the scope of the average Wedding
and Portrait Photographer in New Zealand. For this reason I
would suggest that a Company be formed, to whom the copyright
would be assigned and they would do the policing on behalf of
the Photographers to make sure where ever possible the copyright
was not being infringed.
funds to run such an organization would be by a levy on the
Photographer, perhaps fifty cents or one dollar for every copyright
contract that was assigned to the Company.
of course would also need to be circulated widely amongst people
selling Photocopying Machines and to make sure that as many
people as possible knew exactly what the Copyright Law means.
the less I would think that ignorance of a law is not sufficient
defense if somebody copies a clearly marked photograph.
I would imagine that the writer once we have started moving along the above direction, would be in contact with the Consumers Society to see what they would like incorporated in the above plan and assuming was practical would include their requests.
Copyright Attorney and the Barrister have both agreed that what
I wish to do is completely achievable and we are now just waiting
for the i's to be dotted and the t's to be crossed.
is the Copyright Programme as I see it:
will be a simple explanation provided by the Barrister along
with a very simply worded (in English) Copyright Transfer.
the person refuses to sign this Copyright Transfer, you will
then at that stage be able to decide whether you want to proceed
with the Photography or not.
Copyright forms will be sent to Chromatek who will register
them with the new Company begin set up to handle this matter.
of the Copyright forms will need to be registered with the Company
within two weeks of the signing of the form, for the Company
to be able to protect your interests in the Copyright.
will be a fee paid with each registration and this will be on
a pro-rata basis dependant on the numbers that each Studio will
be handling. We will probably rate this on a Lab turnover basis
on a starting point.
have been advised we will need a fighting fund of about $60,000.00
. This will allow us to fight five simple cases or
two difficult ones. So we are not talking about small change and we can only
do this as a united body.
it is ready I will be holding meetings thro out the country
explaining the complete system to those who are interested.
visualize that the registration fee will be $XX.OO per registration
and until there is sufficient working capital built up within
the Company to fight what ever Court cases maybe necessary to
emphasize that you the Photographer are the owner of the Copyright.
may mean that for 6-12 months a fee is paid and then after that
initial establishment programme the fee will be reduced to a
minor figure, merely to keep the thing operational. Naturally,
if Court cases are involved this fighting fee will have to be
re-established, but I would think if we win a court case we
would get costs so extra's would not be involved.
Barrister says that a trap situation will be completely OK,
so in the next few weeks we will be asking for names of people
who are illegally copying your Photographs.
naturally will not be able to do anything about this until we
have built up some capital to fight this in court, but if everybody
gets behind this it should not take long.
Copyright protection we will be offering to Chromatek Customers
only and will be available to those Customers as long as they
continue using the Lab.
will be given in writing to the varying people that wish to
this means is that the Studio will in actual fact appear to
be suing the Illegal Copier. However, the Company will provide
all the finance and Solicitors etc, to do this.
It bombed ....badly...thro lack of support... however today it would appear as if most photographers could do with this to protect their intellectual property.