All Things Brand Photography feat. Q&A with KaSandra Mitchell and Josh Stearns
Brand photography is an important part of a well-rounded brand. Websites, social media feeds, and advertisements would be nothing without some sort of photography. And now you get to hear from two experts on brand identity and a lawyer!
Let me introduce you to KaSandra Mitchell, aka The Humble Lion. She’s a photographer for brilliant, badass brands and has the strategy chops to back it up. I’ve actually known KaS since college but have had the opportunity to work with her more in the last few years as two entrepreneurs out in the world. She’s done my branding shoot, I did her branding and we’ve worked together on a handful of other projects. The time and care she puts into her shoots is truly what you need from a brand photographer. Not to mention, she has curated stock collections and mockups that you can buy if you’re not quite ready to invest in a full shoot yet.
Now, for Josh Stearns! He’s a lawyer at Steptoe & Johnson (here in Louisville, Kentucky) who specializes in entrepreneurial law. I’ve known Josh personally since high school but ran into him recently, where he promptly saved my ass by whipping out a contract in 2 days and then helped get all my other legal things under control. Interpreting the law on things like intellectual property can be confusing, so Josh is here to clear it up!
Okay, now that I’ve bragged enough on them, let’s get into it.
The Q&A
Let’s start easy, why is brand imagery important?
From Hannah: I can make a beautiful brand and website all day long. But the icing on the cake is when someone really sees the value in brand photography enough to invest in it. The sites where I rely solely on outdated, off-brand, or stock photography just aren’t as good as the others. For social media and other advertising, there are a lot of different routes you can take but the most important is being on-brand. It really can make or break a brand.
From KaS: We live in an increasingly digital & visual world. Strong brand imagery sets you apart in the same way strong merchandising sets retail stores like Restoration Hardware apart. When you walk past RH, you stop in your tracks. You look in their windows. You walk through their doors. You study the details of every nook and cranny and you marvel at incredible design and craftsmanship. When you walk past a Walgreens, you probably don’t even notice unless you’ve got some sniffles or late night munchies. One experience will leave you inspired, the other probably won’t even take up real estate in your memory two days from now. Photographs that have been strategically created that uniquely represent your brand will stop people mid-scroll, draw them in, make them feel connected, and build brand loyalty.
What can bad images do to a brand?
From Hannah: Literally ruin a website, online store, Instagram, or other social media presence, or advertisement. Have you ever gone to an online shop where the photos look like they were taken in a moldy basement: bad lighting, weird angle? It truly impacts your decision of whether or not to purchase that item. The same goes for services. Putting yourself in the best light possible is important, especially for those early decisions. Before someone has a chance to interact with you or your products, they’re relying on what they can see to make their decision to buy, contact, or book. That’s not to be taken lightly.
From KaS: How often do you come across luxury brands with low quality images or branding? You don’t. Can you imagine seeing an ad for a Mercedes-Benz that was shot on an iPhone and edited with a cheap mobile preset? No. If you want to cut through the noise online, it starts with your visuals.
Now, let’s take a look at the options you have for sourcing brand photography.
We’ve broken it down into these 5 categories:
Self-created Photos
Stock Photography
Paid Stock Photography
Mockups
Custom Photography
Self-Created Photos
What it is:
Anything you create or capture yourself. Whether you use a phone or a camera, these are images you take yourself as a business and fully own.
Where to find it:
Wherever you and your camera/phone are!
Our Three Cents
From Hannah: There’s a time and a place for these, depending on your brand. Instagram stories are great for live shots that don’t make sense to hire out a photographer. My favorite way to use these and recommend brands use them is for day-to-day or behind the scenes shots. Personally, I do my own photography when I’m taking a picture of what I’m working on that day because it’s authentic to what’s happening. Not all brands require it but for small businesses especially, it’s a great way to personalize your content and show people the “real” behind the biz.
From KaS: If you blog frequently and your posts are usually image-heavy, that could also be a great time to use photos you’ve taken yourself. I would still suggest using professional photos as your featured image, but if you’re blogging about a new recipe or interior design, using your own images throughout the post is a great way to break up text and keep your reader intrigued. You could also use your phone shots on social media carousel posts for “photo dumps” to keep your online profile authentic and personable as Hannah suggested.
From Josh: While you may not realize it, photos that you take yourself and publish on your website or blog can likely qualify for copyright protection. For a work to qualify for copyright, it must (1) be an “original work of authorship” and (2) have been “fixed in any tangible medium of expression.” For originality, the work must have been independently created by the author and have some minimal level of creativity. This is a very low bar – so long as the work is not directly copied for another work and has some objective level creativity, it can probably meet the threshold for originality. In regard to the second element, publishing a work in print or digitally, such as on a website, will qualify it for being fixed in a tangible medium. So, if your taking photos and using them for your website or blog, odds are that those photos are protected by copyright and you can limit others use of them if you wish.
Free Stock Photography
What it is:
Stock photography is a supply of ready-made photos that you can license. You download the image, follow the terms that apply (those depend on the creator) and use them as needed.
Where to find it:
Unsplash and Pexels are two of the biggest, most popular free stock photography sites. There are lots of others out there but the intellectual property ownership can be wishy-washy. Some photographers also offer free stock collections.
Our Three Cents
From Hannah: Free stock can be so great for really specific images you need. It’s all about weighing the time it takes to find what you need vs. your other options. For example, a few blogs back I needed a photo of a sportscar to accompany a blog post. There was no way I was going to pay for a photo, hire a photographer, or go take one myself. So I turned to Unsplash to find what I needed for free. However, there can be a dark side to free stock and that’s because you don’t always know where it comes from. Kas and I have even had another designer post one of the photos from our brand shoot that she found on a stock site (avoid Pixabay!) and use it as a mockup for her own designs. From a legal perspective, this can warrant action. From a moral perspective, it’s always best to avoid the potential of taking someone else’s work, even unknowingly. So be discerning of where you get free stock and be gracious and apologetic if you even accidentally take someone else’s photo.
From KaS: Free stock photography can be super beneficial for new brands, especially if you have a strong eye for aesthetics! But Hannah is right, you can never be too cautious when using free stock. You don’t always know where the image is actually sourced from. And if you’re new to the game and think to yourself, “I don’t really care, I just need to scrap together what I can right now,” that’s all fine and dandy. Just remember it might be your work that someone rips off one day.
From Josh: Hannah is correct here, even when getting free stock photos, you should always ensure the site you are getting them from has a license that governs those photos, and that you adhere to the terms of that license. Generally, the Copyright Act of 1976 (as amended) protects original works of authorship, including photographs. A copyright provides its owner with a bundle of exclusive rights in a protected work for the copyright's duration, which primarily consist of reproduction, adaptation, distribution public performance and public display. It’s up to the owner to decide whether to exercise these rights or transfer or license them to others on a non-exclusive or exclusive basis. If a person exercises a copyright, such as reproduction of a photograph, without having received the reproduction right from the owner via transfer or license, they have violated the copyright and can be liable for infringement which can subject the person to actual and or statutory damages. So, the moral of the story, is to make sure the site you’re pulling the stock photo from has a license and that you adhere to those terms. For instance, Unsplash allows users to use photos for commercial purposes, but does not permit them to be sold. It’s also a good idea to keep a copy of the license for your records.
Paid Stock Photography
What it is:
Just like free stock, photos, a supply of ready-made photos that you can license. You download the image, follow the terms that apply (those depend on the creator) and use them as needed.
Where to find it:
There are loads of paid stock sites. The big ones are AdobeStock, Getty Images, Shutterstock, iStock, Jumpstory, CreativeMarket but a lot of individual photographers are releasing stock collections on their own (including The Humble Lion).
Our Three Cents
From Hannah: When we’re talking about the big sites, I feel pretty similarly to paid stock as I do free, except the collections are even larger with paid sites. You can weed through for literal hours for a single photo (been there). The only benefit to paid stock is that sometimes you can get a solid series of photos with a similar vibe or featuring the same stock models, which can be helpful for some branded content. When you look at some smaller stock shops, you can really narrow in on the right vibe. For example, for me, it makes total sense to use Kas’ stock throughout my site because it already matches the style of my custom shoot. BIG win.
From KaS: For me, the biggest benefit of using paid stock is that it is typically very clear how you are permitted to use each image. It takes the guesswork out of the equation and you can pay to licence each image exactly as intended. One thing I highly suggest is paying close attention to how your competition is using stock photos. For example, my work attracts a lot of brand and web designers. When I go through their work, I notice a lot of designers with similar aesthetics using the same stock photos over and over and it can make it hard to differentiate whose design profile I’m looking at. So, if you’re going the stock route, make sure you’re using photos you don’t already see all over the Internet.
From Hannah (again, sorry): She’s totally right! To add, this is a great instance to pay close attention to what your competitors are doing. As in, don’t use the exact same stock photos as them. Yikes.
From Josh: I’ll echo my earlier comments regarding the free stock photos again here – make sure there is a license and make sure you adhere to it. Also, make sure that the rights granted by the license will enable you to use the photos in the manner that you need to use them, especially if you’re paying for it.
Mockups
What it is:
Similar to stock photography, mockups are (paid or unpaid) images you can use to present a product or service. They normally include a live .PSD file of an image with an easy-to-use .PSB that you can edit and drop in your content. People use these a lot for websites, phone previews, and dropping personalization onto products.
Where to find it:
First and foremost, KaS has a collection of mockups with her stock collection that I personally use and love. They’re gorgeous. Other typical stock sites have some, or Graphic Burger and CreativeMarket are my go-tos otherwise.
Our Three Cents
From Hannah: I love mockups. I use them all the time in my client presentations to show how a business’ brand looks in action. I use them for t-shirts, cards, stationery, billboards, products, websites, and more. I’m pickier about some uses than others but if you can find a style that’s right for your brand (or for your client’s brand), you’re golden.
From KaS: Mockups are an awesome way to show off your brand and work in a really natural way. In my opinion, they’re more digestible for your clients and allow them to get a better idea of how their work will look in the real world.
From Josh: The biggest thing to look out for here is to make sure that the license permits you to use the mockup to create end products and allows you to distribute and sell those end products. Usually, the license for mockups will permit you to use it to create “static” end products, i.e., the end user can not modify the mockup themselves.
Custom Photography
What it is:
Custom photography is when you hire a photographer specifically to take photos for your brand. It can be just headshots, lifestyle shoots, product shots–whatever makes the most sense for you and your brand.
Where to find it:
www.thehumblelion.co
But seriously, there are a lot of talented photographers out there, probably even local to you. Bigger agencies or solo-photographers both can help out here, depending on what you need and what’s nearest to you (though KaS does love to travel!).
Our Three Cents
From Hannah: When I’m working with a brand who tells me they’re fully willing to invest in a custom shoot, I am hyped. Working with the right photographer to really tell your brand story is huge. It means that you see your brand as more than just a logo and that you’re not messing around with any detail. As a consumer, it shows me that you’re so proud of your products or services that you’ve invested into showing them off. The biggest recommendation I have here is to hire with discernment. Not every photographer knows how to shoot for a variety of brands. Some only shoot in their style and the one who does your family Christmas cards may not be right for the job. Similar to hiring a brand designer, you want to make sure your photographer understands your brand, goals, objectives, and can tailor their work to fit you, not the other way around.
From KaS: Think about any other area of life where you really, really want to hire someone who specializes in what they’re being hired for: designers, wedding planners, doctors, etc. In most cases, you get what you pay for. Sure, you could save some money and hire your neighbor to plan your wedding, but if they’re a full-time manager at Target there *might* be a few balls that get dropped. Similarly, when you hire a full-time wedding photographer to create commercial photography for your brand, they may not have all of your marketing and end goal in mind. OF COURSE they can make you look hawt. But will they put strategy above all else and help you sell? You’re not just purchasing photos, you’re investing in a photographer’s expertise.
From Josh: When hiring a photographer to take pictures for your brand, you should be sure to enter into a formal agreement. Other than outlining the terms of payment, timing, etc. the most important term to be decided in a photography agreement is…you guessed it: the copyright. There are two ways to do this. First, the parties can agree that the photographs are “works made for hire” as defined in Section 101 of the Copyright Act of 1976, which means that in the view of copyright law, the photographer never even owns the work but instead it is viewed as if the company or person that hired the photographer is the original owner of the copyright. Second, the photographer can own the copyright and either sell or license those photos to the recipient. For instance, most of the time, wedding photographers retain ownership of the copyright and grant their customers a license to those pictures because the photographers want to be able to use those pictures for promotional and other commercial purposes. However, in a more commercial setting, it’s customary that the photographs will be works made for hire.
