Expert Witness

Areas of expertise where Gary is a qualified commercial photography expert
 


 

Valuations relating to potential lost earnings from damaged or destroyed imagery

I work with many photo agencies in the U.S. and around the world. On a daily basis I view licensing sales reports showing specifics–the actual images that are being licensed, the usage specifics, and the prices for each resulting license. This allows me to formulate accurate and effective imagery valuations reflecting the marketplace as it actually is. The image marketplace is always changing, and licensing models go through periods of growth and decline. New models surface; some catch on and gain significant market share. Technology is one of the driving forces and will continue to remain so for the foreseeable future. My involvement in the current marketplace and specifically, the knowledge gained from reviewing sales from all licensing models, along with my discussions with industry leaders, uniquely qualifies me for evaluation of lost prior revenues and future potential earnings.

 

Future earnings projections, commercial photography quality & salability assessment

Whether assisting with the purchase of image assets, collections or image licensing businesses–or simply reviewing imagery to assess its salability–my years of experience and my current knowledge of the commercial image industry allow me to effectively perform such valuations for due diligence projects, opinion reports, or first-hand assessments.

 

Industry practices and standards

Working within the Commercial Photography Industry for many years allows me to accurately report on standard practices, protocols and procedures–today’s, last year’s or from ten years ago. Disputes involving imagery sometimes evolve and cover an extended period, and claims are sometimes based on actions that occurred in the past. A clear understanding of today, coupled with knowledge of the past plus a vision of the future gives me a unique and valuable cache of information from which to create  accurate and factual opinions.

 

Copyright

There are many aspects to copyright: Actual Registration, the Copyright Laws themselves, the industry practices (both on the provider and user sides), and copyright enforcement and appropriate fees related to infringement uses. My work experience with users who have committed infringements where I have worked out settlements that didn’t require litigation, and my work with attorneys on copyright and infringement, uniquely qualifies me to opine and offer testimony on copyright matters.

 

Usage pricing

Licensing images is an inexact science. Whether you are involved with a Royalty Free or Rights Managed model–or both–there are many elements to consider. Subject matter, exclusivity, usage specifics and duration–to name a few–all affect pricing. Last but not least, as the “sale” reflects a transfer of rights and not outright ownership, client history, potential and ability to pay are factors to be considered as well. As my daily work allows me see the reality of the market and collectively, the history as it continues to unfold, I have a unique position from which to offer relevant fact-based opinions.

 

Licensing procedures

One would think that by now, media licensing would be simple, elegant and standardized. The reality of the commercial photography industry is that licensing continues to be a “work-in-progress,” and will continue to evolve as new technologies and a new generation of users dictate the necessity for change. My daily involvement with buyers and agents, and my first hand experimentation with new licensing models gives me the background to convey the current realities of the marketplace.

 

User Practices, expectations and tendencies

As new technologies and new generations of users assume responsibility for licensing images, new products and licensing models, the impact of technology and the instantaneous satisfaction of image delivery bring continuous change to existing ways of doing business. The process will continue to evolve. My involvement in the process allows for a unique opportunity to report and opine on that evolution.

 

The Current business marketplace

The experience I offer with regard to the past and present marketplace is a compilation of all of the elements discussed above brought together, and enables me to provide everything from a snapshot of the present to a detailed report as it relates to  a prior or specific period of time when a particular project occurred.

 
 

References.

Download a PDF of Gary’s CV.