Categories
Ask an Expert Questions and Answers Photojournalism

Can the city charge a vendor fee to our freelancer for shooting pictures at a public event?

A freelance photographer has been helping me out for a few months at the weekly paper I run. We don’t have money to pay him, so he gives us photos and then sells them on his website after we get first publication choices. The city is now telling him, rather harshly, that if he shoots anything on city grounds and then sells the photos, he has to pay a “vendor fee” every time he shoots a city event. I’ve explained to them that he’s shooting for us, but they’re being stubborn. I want to tell them that as long as it’s a public event on public property, we’re allowed to shoot it and sell the photos. Then I thought I’d double-check the law on that with you guys. Can they force us/him to pay that vendor fee every time? If not, where can I point them in regard to press freedoms?

No. People generally have a right under the First Amendment to take photographs in public places without interference from the government (see this handy guide for photographers created for the National Press Photographers Association in 2005).

This has often been challenged – recent controversies include the Long Beach (Calif.) police chief saying he could detain photographers who take photographs without artistic value and several cases in which citizens made audio or video recordings of police doing work in public places, thus violating state eavesdropping or obstruction laws. However, the fact remains that taking photographs in public places, whether for newsgathering or other reasons, cannot be punished under the First Amendment unless the state can prove an overriding interest.

The vendor fee presents a tricky issue, however, for two reasons.
First, the government can create reasonable time, place and manner restrictions on speech if it is applied regardless of the content of the speech. These include fees such as permit costs for security for a parade. However, the restriction must be serving an important state interest, and it must be no broader than necessary to serve that interest. In 1992, the Supreme Court disallowed permit fees charged for a civil rights march in Forsyth County, Georgia, because the fees were too broad and ultimately reflected on the content of the speech. Because photography is protected expression, a similar analysis would likely apply to vendor fees; unless the city could prove that they were no broader than necessary and protecting an important government interest, they would fail the Supreme Court’s “intermediate scrutiny” test.

Second, local governments in Texas are limited in the kinds of fees they can charge and collect. These must be specifically outlined and authorized by statute. While some form of vendor fees may be permissible, the sort at issue here are dubious at best.

Categories
Business of News

Ken Doctor offers insights on business models for news

If you’re following what’s happening in our business, you know that one of the big names today is Ken Doctor. He’s a leading news industry analyst and author of Newsonomics: Twelve New Trends That Will Shape the News You Get. OK, I can hear what you’re thinking: “I’m trying to get out a newspaper in the most difficult economic times in my lifetime for this business. The last thing I have time for is some media theorist.” I get it. But Doctor writes about trends that aren’t as far down the road as we would like to think – and he definitely has some insights that everyone in community journalism needs to be thinking about. At the Center, we frequently talk about these issues as the difference between hurricanes and tsunamis. Hurricanes announce their presence with wind and tide shifts and bands of rain. Tsunamis are different. They are a gigantic wall of water created by tectonic shifts in the earth. You can be on a beach in sunny weather and be totally unaware that just past the horizon a giant wave is headed your way. The tsunami has already hit the metros, but we see less evidence in community journalism. Nevertheless, it’s coming. And Ken Doctor is one of those people who’s writing about the changing business models brought about by the digital revolution. If you haven’t read any of his stuff, here’s a great introduction. In this article, he starts out talking about Netflix and goes ahead to draw parallels to the news business. He calls Netflix “a canary in the circulation coalmine.” Take a few minutes to look over this interesting piece on the future “newsonomics” of our business.

Categories
Uncategorized

Ideas for finding summertime wild art

One very common photo assignment around this time is the elusive wild art photo where the reporter or photographer is supposed to come back to the newsroom with this amazing front page photo.

Here are a couple of ideas of where you might go when given the assignment.

Parks and pools


While the city of Liberty doesn't have a public pool, it does have a small water park.

By this time, you've probability already run the photo of kids playing in the pool, but many community pools also have other activities such as swimming lessons and water aerobics. At parks, you might look for interesting angles on families enjoying swings or teeter tots. I'd suggest not shooting from eye level. Instead, try shooting from low on the ground (to get a clean sky background of a kid on a teeter tot), or up high as they enjoy a swing. Remember to have your press pass on and let the parents know what you're doing. Best times to find people is either early in the morning or late afternoon.

Schools


This was taken at the football fields at Cleveland High School before the start of a variety softball game. This little league team used the fields daily to practice since there is no park in Cleveland.

Sometimes families use school athletic facilities like baseball or softball fields to work one-on-one with their child. Those could make for good photos. Little league teams also tend to use open fields at high schools for practices. Best times are similar to parks and school.

Community centers


This was by far the strangest and coolest camp I went to this summer. This man in the community has been yo-yoing for more than 40 years and put on a camp to teach kids a fun pastime. Over the four-day camp he taught kids 12 tricks.

I found community centers to be full of wild art potential. From Yo-Yo camps to line dancing classes, they can provide several different opportunities at one convenient location. It wouldn't be a bad idea to run by your center once a month and get a copy of their calendar so you'll know what the center has going on that day.

Categories
Uncategorized

This ad-selling technique is FABulous

Benjamin Franklin was the original American advertising salesperson. Like many of the people in our industry today, Ben started his newspaper on a shoestring and used his entrepreneurial skills to build it one reader and one advertiser at a time.

As a good salesman, Franklin was tuned into what his readers and advertisers wanted. He had an intuitive understanding of the psychology of sales. In his popular Poor Richard’s Almanac, he offered the following advice: “If you would persuade, you must appeal to interest rather than to intellect.”

Ben knew what customers wanted to know: “What’s in it for me.” He understood the power of self-interest, that people buy for their own selfish reasons. Successful salespeople must demonstrate how their product satisfies these needs.

What we sell

As advertising salespeople, our job is to help our customers grow their businesses. We do not sell paper and ink — customers can get a much better deal on these commodities at Staples or Office Depot. What we really sell are customers.

We are in the eyeball business.

At its core, our business is all about helping people who have something to sell, connect with the people who want or need to buy that “something.” Our papers and websites are simply the packaging that our real product comes in. If I go to Best Buy and buy a new flat-screen TV, it comes in a big cardboard box carefully padded with oddly shaped blocks of white Styrofoam. I don’t really want the box, but I want the TV to make it safely to my living room.

Our product is the “box” that delivers what advertisers really want — customers, safely to their business. It is our job to help our advertisers understand this. No one wants to buy advertising; everyone wants to buy paying customers.

Why people buy

People don’t buy a sandwich because they want to help out the restaurant; they buy a sandwich because they are hungry. Most buying motives are not quite that simple — people don’t choose to buy a BMW simply because they need transportation. A Hyundai can move them from point A to point B just as effectively. The BMW also fills a need for comfort and an ego boost as well. Most decisions are made with the emotions and justified with facts.

“Feeling” that they are making the right decisions is more important to them than “thinking” they are doing the right thing. This means you need to position your product in a way that allows the customer to imagine how they will rewarded for buying an ad from you. If you can get them to visualize what your program will do for them, you will tap into the emotions that drive decision making.

New improved FAB

Most sales people have been taught to talk about features and benefits. Tell the customer about your product and what if can do. FAB selling takes this one step further. FAB is an acronym for Features-Advantages-Benefits. FAB is essentially a process of process of customizing your offering to the customer’s situation and needs.

FAB selling requires the salesperson to use good probing skills to uncover a customer’s problems and needs before attempting to recommend a solution.

Defining FAB:

  • Feature-A physical characteristic or attribute of the product or service.
  • Advantage-How the feature can help the customer.
  • Benefit-How the feature and corresponding advantage solves a customer’s problem or addresses a customer’s specific need.

Features describe the product. Advantages help the customer understand the product. Benefits make the customer see how the product can help them. Benefits make the customer want to buy from us.

Let say I was a car salesperson and I told a customer that a feature of the vehicle they were considering had a “turbo.” The “turbo” is a feature. Unless the customer is a real car nut, he or she is likely to think “So what!” The feature is meaningless to them.

Since I am a clever car salesperson, I decide to hit them with an advantage of the turbo. “A turbo significantly improves the acceleration of this vehicle.” Many customers will think, “I’m no drag racer. Why do I need that kind of pickup?”

Now it’s time to seal the deal with a benefit: “What this means to you is that when you are pulling on to the freeway with your kids in the back seat, you’ll have the power to merge in before a truck kills you.” The customer thinks back to a few close calls on the on ramp and taps into the emotional stress of a close call and thinks, “I need that turbo.”

I have seen this happen when I am out with our sales people. A rep will say “Our product is direct mailed.” When the customer doesn’t respond they may say “This means it reaches every home in the area.” Sometimes this will “click” with the prospect, but often it does not. The most successful reps drive home the feature and advantage with a benefit. “Ms. Customer, we are direct mailed so your ad will reach every home in the area so more people will see and respond to your ad, making your more money.”

“Making money” is ultimately what the customer wants to accomplish. By tying your feature to this need, you heighten the value of the feature to the prospect.     

Never assume customers “get it.”  You have to tell them why they should buy. Customers have a lot on their mind. Don’t make them have to figure out why they should buy an ad.

One FAB doesn’t fit all

Advertisers are as unique as fingerprints. No two prospects have the same needs. This is why you must ask good questions to reveal the customer’s needs and situation.

One customer may want to blanket the entire market with his message while another may be more interested in a targeted ad to a limited area. Some people may be interested in a coupon vehicle while other never discount. As the old saying goes, “You’ll never know, unless you ask!”

Being FABulously well prepared

You have a lot to think about during a sales call. When you are with a customer, ideally you should be thinking about their business and their needs. Since this doesn’t leave a lot of time to think about FAB, it makes good sense to do this ahead of time. Take the time to list all of the features of every product your sell along with the accompanying advantages and benefits. Many features will be offer multiple advantages and benefits. Here is an example for a racked product:

  • Feature—Demand distribution (Racked)
  • Advantage 1—people only pick up the paper when they want to read it
  • Benefit 1—no wasted circulation, so everyone who picks up a paper will see your ad so you will generate a better response and make more money
  • Advantage 2—Readers know where to find the paper when they have a buying need and will seek it out.
  • Benefit 2—Your paper is available to potential customers whenever they need it so you will reach customers when they are in the market and ready to buy so you will make more money.

Taking the time to write out the “FAB” for your products in advance means you will be prepared to respond when you discover a customer need. This exercise also helps you to think in terms of FAB. By writing out the advantages and benefits associated with each benefit, will help you to “connect the dots” for your customers on a call.

Conclusion

As sales professionals we get what we want by helping other people get what they want.

As we have seen, customers aren’t interested in the features of our publications, and advantages alone will not motivate them to advertise. Features and advantages are only effective when the customer see them in the light of a desirable benefit.

Resolve to never offer a prospect a feature or a benefit without including a meaningful, customer specific benefit and you will be FABulously successful.

Categories
Ask an Expert Questions and Answers

Can an organization refuse advertising from anyone it chooses?

Full question: A 501(c)(3) foundation publishes a travel guide that my newspaper designs and prints. The foundation has prevented some businesses from advertising because of bad business histories. Now a disgruntled former advertiser is threatening a lawsuit because he says he is not being treated equally by being prevented from advertising. Does a private business – non-profit or otherwise – have the right to refuse business to anyone?

A private business is allowed to make its own editorial decisions about what to publish. The First Amendment right to freedom of the press prevents the state from interfering with private editorial decision-making, as was made clear in the Miami Herald Publishing Co. v. Tornillo case, 418 U.S. 241 (1974).

This includes the right to turn away advertisements, as the Supreme Court noted in a decision the previous year when it refused to extend the FCC’s “Fairness Doctrine” to broadcast advertising. (CBS v. Democratic National Committee, 412 U.S. 94, 1973).

Consider recent instances of networks broadcasting the Super Bowl — they regularly turn away ads from political groups such as MoveOn.org or anything else deemed too racy for the public, such as PETA’s regular attempts to grab attention.

Merely by virtue of being a 501(c)(3), not-for-profit organizations do not surrender their First Amendment rights. Just last year, the Supreme Court in the Citizens United v. FEC case upheld free speech rights for 501(c)(4) tax-exempt organizations, striking down campaign finance regulations that limited the ability of the organization to spend money in political campaigns, a kind of speech.

In short, with very few exceptions, publishers have a right under the First Amendment to make editorial decisions without the state, or the courts, interfering with them. This includes the right to choose which advertisements to accept and which to reject. While the contents of advertising can be regulated — consider the Fair Housing Act requirements that advertising not include discriminatory content — it remains in the publisher’s discretion whether to publish an advertisement in the first place.

Categories
Facebook Social media Twitter

Call it what you will, journalists should develop their brands

One way to know you’re getting older: When you hear the word “branding” and cattle come to mind. But if you’re at all plugged in, you know that today the word is typically used to refer to a product’s – and now a person’s – identity. Who you are. What you’re known for. Your uniqueness. What one writer called your “digital footprint.” Some of the more traditional journalists still shy away from “branding” as applied to individual reporters – they see it as a concept that applies to cereal or soap, not journalists. But actually, many journalists have been branded for years, though they never thought of it in those terms. One reporter might be known as the go-to guy for public records and making sense of data in a way that related to readers. Another might be a word-person – her prose full of voice and the type of writing that made you want to read sentences out loud. But it’s more than that, and this is why you need to read Steve Buttry’s blogpost (Steve is also a consultant to TCCJ). This article will help you think through what your brand is, and what you can make it. And as an added bonus, at the end of the post he also refers you to a number of other postings that will help you to develop your personal brand. This is a must-read, especially for younger journalists.

Categories
Ask an Expert Questions and Answers Postal issues

Do we need to do anything at the post office if we’re not going to publish one week?

“We are toying with the idea of shutting down the entire first week of July and not running a paper. A lot of groups (us included) do this on the last week of the year but this would be the first time we have done it twice. The idea is to give our people two full weeks of vacation per year. Does anyone know if we have to do anything special at the post office to make this happen?”
Austin Lewter
Managing editor

Yes, it can be done. However, since it changes the stated frequency with USPS, the newspaper must file a Form 3510 (available at http://pe.usps.gov) under Postage Statements in left toolbar, and then “Periodicals Forms.” The current fee is $65 for “Re-entry” on this multi-purpose form in Part B, Sections a and b. The frequency would be listed as 52 weeks currently and 50 weeks going forward, and the ID statement run in the newspaper should be revised to state something like, “Published weekly except the first week of July and and the last week of the year.”
Max Heath
Postal consultant
Shelbyville, Ky.

Categories
Uncategorized

Five things shoppers look for in an ad

I have had many teachers and mentors in more than three decades in in sales. One of my favorites was Cecil “Ceese” Heyman. Ceese grew up in the “hollers” of West Virginia. He looked a bit like Boss Hog and sounded a bit like Jed Clampett, but he was one of the best advertising salespeople I’ve ever known. One of the wisest things Ceese ever told me was: “Don’t forget to remind your customers – Your ad is you in print!”

Cecil would tell his customers: “You put a lot of effort into making your place of business attractive and inviting to potential customers, Does it really make sense to send a different message to the people looking at your ad? People who have never visited your business might get the wrong impression if the ad doesn’t accurately reflect your business. If you have a small, dingy cluttered ad, they may think that’s what your store is like. You have a great business; you need a great ad to tell people about what you’ve built here.  Wouldn’t you agree?”

Ceese’s strategy was to use prospects’ pride in their business and their desire to project a positive image to sell a good-looking ad. He reminded customers of the effect the ad would have on readers. Ceese understood that an ad is a tool to communicate information about a business that will entice potential customers to call or stop in.

An ad should paint a picture of the customer’s business. The more complete the picture, the more likely someone will be motivated to do business with the advertiser (as long as the ad doesn’t become cluttered).

Here are five types of information shoppers look for in an ad:

1) Information about products and services

This is the most basic information in an ad. It tells what the client sells. Are they a jewelry shop or a plumber? The problem is that many advertisers’ ads read like a laundry list of products. Their ads are cluttered and difficult to read and frequently this information displaces other information which consumers need to make a buying decision.

Generally it is better to focus on one or two product categories in an ad and present them attractively. If a client sells many products, they can run a rotation of ads featuring various products.      

2) Why buy this product:  value factors

If the product information is the “what,” value factors are the “why.” They tell readers why they should purchase the product/service presented in the ad. People want to know what sets the advertiser apart from the competition and what makes the product worth the purchase price.

This is Selling 101 — people buy benefits, not features, but this information is missing in many ads. I see many restaurant ads that list every single topping available on the pizza and all the salad dressings available but fail to tell me one thing: Does the food taste good?

3) Can I trust this business?

Other value factors are reasonable prices (“Half off this week only”), advantages over competition (“Longest Warranty Available”), or other advantages such as safety (“Health Department’s highest rating”). Value factors are copy points that offer benefits to buyers and convince them that spending their hard-earned money with the advertiser is the smart thing to do.

We have talked about the "what and why.” Trust factors are about the “who.” Specifically, “who” am I thinking of doing business with? Can I trust this person, this company? Trust factors in an ad are statements like “since 1972” (They’re not a fly-by-night company), bonded and insured (“I’m safe to do business with”) or references available (“I can check them out”). 

This type of information becomes more and more important as the investment required to purchase the product/service increases. Businesses in industries that have a bad reputation (like used car dealerships or contractors) will reap significant rewards by establishing their trustworthiness in the mind of the consumer.

One of the best ways to establish a positive image is to use local testimonials, preferably using a photo of the satisfied customer. Readers can identify with the person pictured and this will mean more to most people than a ream of professional certifications.

4) Is this shopping experience convenient?

Convenience factors include features like free parking, delivery, evening hours, financing available, credit cards accepted or three-locations-to-serve-you. These are copy points that tell potential clients “Come on down…we’re easy to deal with!”

Consumers are stressed and busy today. Anything you can do to save readers time or to make their life just a little bit easier will make them much more likely to do business with your advertiser. Consumers often will even bypass a business that offers lower prices to visit a store which offers more convenience.

5) Now what?

This information tells the reader how to take the next step. This includes the advertiser’s business name, their address, their phone number and their web address. Here again the easier you make it for the consumer, the better response the ad will generate.

A simple map is better than an address alone and a reference point (“Across the street from city hall”) will help consumers find your client’s location. There is some research that indicates that saying something like “Call today” in front of a phone number actually causes more people to pick up the phone.

Using the five factors

As an advertising consultant, you should discuss these factors with your advertisers. When you talk to people about what goes into their ad, you get away from discussions centered on the price of the ad.

One technique that I like to use is an analysis of an ad using the factors listed above. I copy an ad and divide it into a grid. Using this grid I calculate what percentage of the ad is dedicated to each of the factors. Often when I do this I’ll find ads that completely lack trust and value factors. These ads tell customers the what and who but not the why. This process often opens a customer’s eyes and convinces them to expand their program to tell a more complete story.

You can use this analysis technique to take business away from the competition. I will review a prospect’s ad in a competitive publication before calling on them. If they say “No thanks, I’m already in the daily competitor,” you can say, “Yes, I’ve seen your ad. In fact, I did a content analysis of your copy. I’d be happy to leave it with you so you can discuss it with your rep if you’d like.”

This piques the prospect’s curiosity and keeps the discussion going. Review the analysis with the prospect to demonstrate your expertise and your willingness to work for the client. You are positioning yourself as a true consultant. More often than not, you will wind up with a slice of the client’s budget.

Conclusion

We are in the communication business. We try to communicate the value of our publications to our customers and we try to communicate the value our advertisers offer to their customers. It is important that we look at what our customers are saying in their ads.

Remember: The ads we create for our customers tell a story about their business. We must make sure we are telling their complete story. If we tell their story right, everyone involved, the shoppers, our advertisers and sales person, will get the happy ending they want.

Categories
Business of News

Mixed news from NAA on ad revenues

New advertising figures are now out from NAA, and it’s a mixed bag of news. On the positive side, there was a 4 percent increase in print employment advertising, and newspapers attracted nearly two-third of Internet users – more than 111 million unique visitors in April. On the downside, total print advertising revenues fell 9.5 percent in the first quarter of 2011. And overall, print revenues are down $10.5 billion from 2006. The figures also showed that digital is now nearly 15 percent of total newspaper advertising revenues.

Categories
Business of News

A real-life parable for our times

So we have two media companies. Both are wildly successful and make a lot of money. They have all the customers they could want. And then the media landscape begins to change. One company stands pat and believes that it offers such a valuable and appreciated service that it will weather the storm. Or to paraphrase TARP terminology, it is “too valuable to fail.” The other company realizes that it does not have to change the product it delivers, only come up with a new delivery system while still keeping the old product. Which newspapers are we talking about? Not newspapers – Netflix and Blockbuster. Netflix is still in the movie business, but changed from being a send-it-in-the-mail business to a video on demand leader. Blockbuster went bankrupt and got swallowed up by Dish Network, which is itself in trouble. There are definitely lessons here for the newspaper industry.