Creativeprose: Custom Stock Controversy -- Where Do You Stand?

This company has stirred controversy in the photography industry because of what On Request Images calls "custom stock" and the letter writers call "assignment work done on speculation" -- that is, with no guarantee of pay.
Written by Terri Stone on June 7, 2005
Categories: Photography, Features

Related Reading

Last week, creativepro.com ran a press release with the seemingly innocuous title "An Open Letter to the Art Directors Club." The letter writers, who were from American Society of Media Photographers, Stock Artists Alliance, Advertising Photographers of America, and Editorial Photographers, addressed the letter to Myrna Davis, the executive director of the Art Directors Club (ADC). The letter was about another apparently benign thing, sponsorship of an ADC event. The problem, as the letter writers told Davis, was in the identity of one particular sponsor: On Request Images.

This company has stirred controversy in the photography industry because of what On Request Images calls "custom stock" and the letter writers call "assignment work done on speculation" -- that is, with no guarantee of pay.

The letter writers aren't putting down all stock -- they understand that there's a place for stock photos -- but they don't agree with On Request Images' business model. They say it's not a good one for photographers because it "does not appear to provide a viable and sustainable income." As such, the letter writers think it's not appropriate for the ADC (whose mission is to "promote the highest standards of excellence and integrity in visual communications") to allow On Request Images to sponsor an ADC event.

They end the letter by calling for a "future in which art directors and photographers are working together with respect and recognition of business practices that serve both well." I don't think anyone would be unhappy with that outcome. But with continually shrinking budgets and timelines, is such a paradise possible?

It's a complicated issue. You can share your thoughts about spec work, stock photography, or advertising ethics with your colleagues here. Just look for the VoxBox on the left and click "Respond to this article."

-- Terri Stone, Editor in Chief, creativepro.com

1

Opportunity for emerging professionals

Getting started as a commercial photographer is hard work. It is hard to get a great portfolio while still making money doing it. Sometimes you have to compromise. I think OnRequest images provides emerging photographers with the opprortunity to prove their abilities and get paid if chosen. I don't think OnRequest is meant for professionals who have been in the business for years.

2

OnRequest -Custom Stock

I agree that OnRequest should not be a sponser. I shot 6 assignemnts for OnRequest and was HUGELY disappointed with their lack of communication, lack of prep, lack of photo specs and absolute lack of support. On top of that, I made no money and actually lost money on the model fees and props I paid for. I would tell anyone I know NOT to work with them.
I am in favor of free enterprise and photogs can choose who to work with in this business. OnRequest is 3 steps backward for any professional shooter. As for developing your portfolio as a beginner, try to do it without enriching OnRequest & their clients at the expense of your wallet and your pride. I tried it as a new business model and found it to be a huge mistake. We don't need them turning us into bigger whores while they make money off our efforts.

3

Just the tip of the creative iceberg

You could easily substitute graphic designer, illustrator, artist or, composer in this argument. All the arts have been in this situaion for years. As long as there is someone willing to work for spec (ie free) this situation will continue. Try finding a carpenter, plumber, doctor, lawyer or any other profession that behaves this way. We all have a choice - which one will you make?

4

Isn't almost every service we purchase done on spec?

As an artist, my first job for a major card company was doing designs on spec. That was 30 years ago. I'm not sure if it's bad or not, the question really is for the artist and whether it's right for them or not. Almost every service is paid after the service is done not before. I'm not sure how much spec work is tied up with respect....

5

On Request is an egregious and ruinous scheme.

This is a new low in ethics, pitting the hungriest (often emerging) photographers against professionals who have carefully built careers. Both groups suffer first, then the photo buyers who will be denied quality images as the profession withers.

6

Free enterprise

If the model is flawed, it will not be successful. If the model is good and succeeds, those in the industry must adapt.

7

Stock

As a licenser of stock photography ($295,000 two years ago, last year was a slow one) I know the pain of paying top dollar for top-quality photos.

But as a photographer, I understand what photographers are going through. They never get the respect they deserve for their hard work and their retirements are based on the continued sale of their images.

I don't like that Corbis and Getty are becoming the 800 pound gorillas in this industry. But that's the way it's going. It restricts choice and competition and drives prices up. If that was including paying photographers better I'd be all for it. But it's not. It's about raising corporate and stockholder's profits, which creates pressure to drive payments to photographers down.

Years ago a Corbis editor promised me they would treat photographers well, and that promise has been broken over and over since then. (And yes, I'm a big customer of theirs.) Just check the Pages of Photo District News over the years if you don't believe me.

You ask if such a paradise is possible as harmony and respect between photographers and art buyers. It had darn well better be possible or you are going to see photographers getting out of the business, and the quality of stock photography drop from it's good-to-mediocre levels now to downright dismal.

Assignment photography is still how you get the best, most current, on-topic photos possible. I'm now travelling the world occasionally to shoot photos because it's cheaper than paying for stock photos. So for me personally, it's a great trend!

Stock is a good substitute when more generic photos will do. But in the end, you get what you pay for. And if you drive the best photographers out of this business, you are going to hurt your own bottom line. Becuase the quality of the work you use is going to drop.

Now if this process forces people to hire photographers again because they can't get what they need through stock, all the better. But the spreadsheet jockies at most corporations don't listen sympathetically to an art buyer saying "I need Jay Maisel!"

8

can be costly for photographers

I am a designer and my first glance at the site sounded great. I liked the idea of being able to find photographers all around the world and get that shot of the eifel tower exactally as you want it. I then read the photographers side of it. 2 photographers have do do a full photoshoot and receive no compensation at all. That can be very costly. The time between shooting and payment seems to be quite long.

9

More Attacks on the Photographic Industry

I agree that photography as a whole has been devalued in the eyes of the agency buyer and others that depend on images to convey their message. It seems that the photographer, who used to be part of the creative element, is once again asked to reduce their rates and accept the "realities" of the marketplace. The photo buyers then seem perplexed by the fact they are having a harder time finding talanted/committed photographers to produce the photographs they need. I do not know where the "suggested assignment" theory is going or how it will affect the industry. I do know that when talented photographers can no longer make a living producing the products the agencies are looking for because they are not willing to pay for them, we will see a drop off the available photographer pool. It is hard enough today to keep on going, considering the investment in both equipment and creative talent, without more stumbling blocks being placed in our way.

10

Shooting on Spec is a No-No!

This is shooting on spec, pure and simple and should be avoided at all costs. Stock agencies must understand that professional photographers are not willing to work for nothing on the off chance that they may make a sale of which they will only receive 50% of the fee for the rights. It is my hope that photographers will not give in to this latest attempt to cheat them out of what is due them for their labors.

Repeat after me: We will not shoot on spec!

11

Will designer like to work on spec?

Quoted from the article: "But with continually shrinking budgets and timelines, is such a paradise possible?"

If there's no budget or short timeline, there should be no photos.

Would deigners and ADs like to work on spec? This should be the next step if this business model is going to extend.

12

Math anyone?

The biggest problem with the "custom stock" business model is that it's unsustainable. If there was that much profit in professional photography, the prices would have dropped to that level long ago.

OnRequest gets 5 photographers to do the assignment, but only one gets paid. This means that, on average, you will be getting 1/5 the going rate for the pictures. Of course, also remember to subtract OnRequest's percentage.

There is simply no way this adds up. If Photographers could provide this service for 1/10 the going rate, they would already be doing it. Photography is a classic entrepreneurial business: all you need to hang out your shingle is the will to do it.
For photographers, the ramifications are obvious: you cannot make a sustained living with this business model.

For Creative Pros, it's equally obvious: who do you think is next on the list for competitive spec? It's you.

Five agencies/design firms create a fully completed campaign/brochure, . Only one - or none - gets paid. Is this the business model you want your clients to get used to?

Peter Krogh
ASMP Board.

13

A Response from StockArtistsAlliance(SAA)

SAA has no issue with stock. As a global trade organization of stock photographers, our mission is education, community and advocacy to protect our members' interests.

SAA members know that stock is no easy business to navigate these days. It's more critical than ever to provide a resource for stock photographers to understand the options for licensing their imagery, and a forum of straight talk about how to evaluate these options.

Our job is complicated by quickly evolving business models and the common use of inexact and confusing terminology to describe them. Take "Royalty Free" for example. There's nothing "free" about it, but it's a great name to attract business.

Now there's a hybrid model commonly known as "custom stock." As every stock photographer knows, there's nothing "custom" about stock... but again, it's a great name to attract business.

Representatives of SAA and our fellow trade organizations have engaged in roundtable discussions, published reports, written letters and attended meetings to help clarify the terms of this model and express our concerns about the ramifications for photographers.

Rather than restate what's already been said so well, here's an analogy that does a good job of cutting to the chase about what the "custom stock" idea means for photographers. It was originally posted to the SAA Member Forum and is reposted here with the author's permission.

"As a stock shooter, you are engaged in 'spec' in the same way a housing developer is. Based upon your analysis of the marketplace and current trends, you decide on what products to sell. You purchase or build your inventory and hope that the sales justify your decisions. You determine how to market and advertise your products for maximum exposure and return on investment.. Large real estate developers do this all the time."

"On the other hand, let's say you were a builder who did custom homes. Can you imagine a customer going to five builders and having them agree to the following? 'Each of you will build a home to my specifications. It will be created especially to meet my needs and designed with my tastes in mind. If I like one of the homes, I may purchase it at the price we agree to before you get started. If I decide I don't like any of them, I am free to simply walk away. In any event, with the homes I do not purchase, you are free to try to sell them to someone else (who may or may not like my taste, specific needs and design options)."

"Oh ... and one last thing. My real estate agent will be taking 50% of the sale if I buy the house... and the same thing if you sell these homes elsewhere."

This would be an amazing deal for home buyers, but it's clearly a lousy business model for home builders. Similarly, designers and art buyers may be happy to accept the deal offered by "custom stock", but they might consider the consequences. Does this sound like an equitable or sustainable business model for photographers? These are questions worth asking and carefully considering by everyone involved in image licensing.

Betsy Reid
SAA Executive Director

14

Strong disagreement

I'm old enough to have been around to since the early days when photographers were pushing the "ownership" rights issues of for hire images. Images mind you that were conceived, laid out, directed by Art Directors and paid for handsomely by clients. Yet somehow the photographers felt as if those images were their sole property. Get real.
And now, in the spirit of partnership they want us to get behind them. Wake up and smell the coffee. These are changing times for photographers and agency creative types. We all need to quit whining about the old days and think smarter about being competitive in a truly, free market society. If someone wants to sell their services on spec, more power to them.

By the way some of my very best friends are professional photographers. I'm sure they disagree with me on this one.

Dave Rogers
VP., Creative Director
Briscoe Hall, Inc.

15

Photographers will be replaced.

In the arena of the "do everything corporate mindset" photographers are being replaced by individuals that are working on the crossplatform of the" we expect everything from you" as directed to the art dept employee. They are expected to be able to photograph-create, layout and produce everything for the company. This is an attempt to streamline the operation. Of course the ads will become fodder along with the professional photographer. After 33 years in the business I see this as a temporary issue that we will have to ride. Give it three to five years and our clients will be back-just figure out how to survive in the meantime.

16

Agree with the writer.

Reasonably reliable income is needed to create a solid, reliable photography service. Photography on spec sounds like something the better, professional photographers will shy away from. Seems to me there are enough stock photographs to choose from, and professional portfolios to look at that if clients are not getting their needs met, or not seeing enough exciting photography, maybe that speaks to the need for more localized or specialized stock services.

17

It's a matter of choice

While providing work "on spec" is seldom a satisfying situation, it is still the choice of the photographer, artist, etc. whether on not they are willing work this way. It does not appear to me that OnRequest is denigrating photographers who do not join them and after reviewing the "Real Projects" on the site, found the client tesitmonials to be credible, positive references for working with their network of talent. As a creative director I would consider using OnRequest for a photo shoot if the right project came along .

18

Working on spec is an old problem.

Working on spec has been a serious issue for photographers since well before I began making photographs professionally way back in the 1960s. The problem was then primarily associated with editorial photography where a magazine publisher would "suggest" an idea for a story but make no commitment to pay the photographer unless the story was actually published. With the advent of digital distribution of images, the problem is more widespread. Today advertising agencies and clients may "suggest" ideas for stock images that they might find useful. Photographers who bite on these "suggestions" are left to foot the bill for production costs, travel expenses, etc., while the agency or client may or may not make an offer to use one or more images at rates appropriate for stock images.

Bear in mind that stock image libraries, whether managed by stock agencies or individual photographers have traditionally been composed of the leftovers from editorial and commercial assignment work. The income derived from the sale of stock usage rights has always been considered "found" money by all but a few photographers who somehow found a specialized niche within the stock image market.

Income from stock licensing fees could never begin to support the infrastructure of the commercial photo industry. I believe we have already begun to see that the intense desire on the part of agencies, clients and publishers to drive down costs has had a negative impact on the quality of professional work that is available, especially in smaller markets.

19

No Free Lunch

I beleive over the years that the markt value of good photography has declined. It still takes talent and skill to produce a good image, but it has become too much of a commodity and not a unique product (which assignment photography is). I do not support a business model where the shooter is working on spec with no compensation.

20

Once again, photographers get the shaft...

I cannot rate the article: it does not come out for or against. As a photographer, I agree with the ASMP position. Photographers have been getting the short end of the stick for years. We've been ripped off, not paid for additional use, and now people want to flat out steal our work. Our copyright is ignored, and unscrupulous publications and their toadies rob us. No to OnRequest.

21

"Custom stock" violates ethical imperatives against speculative

How can I agree or disagree with an article which tried to make a balanced case? The choice offered is nonsensical.

For the record, I strongly agree with ASMP and other letter signees.

Login

Login to post a comment. Not a member? Sign up here
Enter your CreativePro.com username.
Enter the password that accompanies your username.
Forgot your password?