Tuesday, March 24, 2009
Thursday, March 19, 2009
Omnicom Group Passes the Buck
Welcome to business 3.0, that must be it, this ain't your daddy's business anymore. Now it seems that the little guy is supposed to finance the big guy. Maybe this is what they (the smarter guys in the room) were calling the "new" bank, I look in the mirror and see they must be talking about me.
Well at least it seems like the middle guys the ad agencies think they want to pass the risk onto the production companies and the photographers. Many trade groups and pundits have spoken out against this new model, here is what the American Society of Media Photographers had to say.
Omnicom Passes the Buck
It has been brought to the attention of the American Society of Media Photographers (ASMP) that the Omnicom Group, the world’s largest advertising agency holding company, has changed its terms and conditions in an effort to limit their agency liability and in so doing transfer that liability to independent photographers and producers. Basically, by disclosing their agency status and for whom they are acting, the advertising agency is only liable to the extent that their client has specifically paid them for any amounts payable to you. Additionally, ASMP has been informed that reps are being told that there will no longer be any advances on assignments.
These new policies are most probably the result of the market and governmental pressures experienced by major corporate clients such as GM who in their effort to avoid bankruptcy are now prioritizing their financial obligations and will make payment according to those priorities. In other words, some suppliers will be waiting significantly longer to be paid depending upon the client’s priorities. That being the case, agencies do not want to be left on the hook for reimbursement of monies expended on behalf of their clients, especially where the fear of bankruptcy exists.
These terms and conditions are simply not in the best interests of photographers, producers or clients. This action, clearly taken in anticipation of increasingly difficult financial conditions is a unilateral effort to shift the burden onto those who are least prepared to bear it. Should an independent photographer of moderate means be the banker for a Fortune 100 company? By eliminating their customary role as intermediate financier, agencies are removing value from the value-added chain, and that will ultimately lead to an overall dampening effect on commerce.
Meanwhile, there is no incentive for the agencies to make photographer friendly changes to their terms and conditions as long as photographers are willing to accept the current terms. Notice of these changes should be included in your blogs and discussed on related lists and social networking sites. The issue needs to become viral and requires significant support from key photographers in order to gain traction and effect change. If it is business as usual for the agencies, then nothing will be accomplished.
ASMP would recommend that photographers include in their paperwork a statement making it clear that there will be no grant of copyright license until all related assignment invoices are paid in full. Images should be registered with the Copyright Office immediately upon completion of the shoot and prior to first publication and/or possible infringement so that in the event that legal action – a last resort – is needed, recovery of statutory damages and court costs will be possible.
In addition, the Association of Independent Commercial Producers (AICP) recommends the following:
“If an agency's internal policy insists upon these payment terms (sequential liability), the production company should:
a) Make sure the advertiser ("client") also signs this agreement. If it is a rider, the terms of payment and the full contract price should be added to the rider.
b) Be provided with the advertiser billing and contact information.
c) Copy the advertiser on all invoices.
d) Notify the advertiser of payment due as soon as terms of the contract (payment dates) are not met by the agency.”
As a possible course of action, since the agencies are shifting liability to their corporate clients, perhaps photographers should consider approaching the clients directly for advances and or other payments prior to the beginning of the assignment.
Ultimately, this is a case of the supplier beware!
A Photo Editor said," It certainly seems to
be the trend these days where citizens are held responsible for
corporations that can't pay their bills but an advertising agency
eliminating their traditional role as financier for advertising
campaigns maybe signals an impending overhaul of the way business is
conducted. "
My Friend John Harrington over at Photo Business News & Forum had this to say, " it is important that you understand how companies are attempting to negotiate with you either beforehand, or afterwards in unfoavorable purchase order language that changes substantively the terms under which your initial contract was agreed to. On more than one occasion I have had to have Purchase Order language modified to be consistent with the intitial contract."
And Nick Parish last week wrote in CREATIVITY ONLINE, ""If there is a problem here with people assuming risk and liability we need to come up with a collective solution to that," says Miller. "It's interesting to see what did go on in U.K. and will be interesting to see if production companies here act the same way on an absolute basis."
The production companies say the changes would erode their business model and force them to bear the weight of a client default more heavily than at present. Spokespersons from Omnicom and WPP did not respond to requests for comment.
"How can an ad agency go to a client and demand that they pay them up front and then stick this to us?" asks one head of a high-profile production company. "I didn't realize we were also in the banking business. When no one can finance anything, they're asking us to do it."
Well at least it seems like the middle guys the ad agencies think they want to pass the risk onto the production companies and the photographers. Many trade groups and pundits have spoken out against this new model, here is what the American Society of Media Photographers had to say.
Omnicom Passes the Buck
It has been brought to the attention of the American Society of Media Photographers (ASMP) that the Omnicom Group, the world’s largest advertising agency holding company, has changed its terms and conditions in an effort to limit their agency liability and in so doing transfer that liability to independent photographers and producers. Basically, by disclosing their agency status and for whom they are acting, the advertising agency is only liable to the extent that their client has specifically paid them for any amounts payable to you. Additionally, ASMP has been informed that reps are being told that there will no longer be any advances on assignments.
These new policies are most probably the result of the market and governmental pressures experienced by major corporate clients such as GM who in their effort to avoid bankruptcy are now prioritizing their financial obligations and will make payment according to those priorities. In other words, some suppliers will be waiting significantly longer to be paid depending upon the client’s priorities. That being the case, agencies do not want to be left on the hook for reimbursement of monies expended on behalf of their clients, especially where the fear of bankruptcy exists.
These terms and conditions are simply not in the best interests of photographers, producers or clients. This action, clearly taken in anticipation of increasingly difficult financial conditions is a unilateral effort to shift the burden onto those who are least prepared to bear it. Should an independent photographer of moderate means be the banker for a Fortune 100 company? By eliminating their customary role as intermediate financier, agencies are removing value from the value-added chain, and that will ultimately lead to an overall dampening effect on commerce.
Meanwhile, there is no incentive for the agencies to make photographer friendly changes to their terms and conditions as long as photographers are willing to accept the current terms. Notice of these changes should be included in your blogs and discussed on related lists and social networking sites. The issue needs to become viral and requires significant support from key photographers in order to gain traction and effect change. If it is business as usual for the agencies, then nothing will be accomplished.
ASMP would recommend that photographers include in their paperwork a statement making it clear that there will be no grant of copyright license until all related assignment invoices are paid in full. Images should be registered with the Copyright Office immediately upon completion of the shoot and prior to first publication and/or possible infringement so that in the event that legal action – a last resort – is needed, recovery of statutory damages and court costs will be possible.
In addition, the Association of Independent Commercial Producers (AICP) recommends the following:
“If an agency's internal policy insists upon these payment terms (sequential liability), the production company should:
a) Make sure the advertiser ("client") also signs this agreement. If it is a rider, the terms of payment and the full contract price should be added to the rider.
b) Be provided with the advertiser billing and contact information.
c) Copy the advertiser on all invoices.
d) Notify the advertiser of payment due as soon as terms of the contract (payment dates) are not met by the agency.”
As a possible course of action, since the agencies are shifting liability to their corporate clients, perhaps photographers should consider approaching the clients directly for advances and or other payments prior to the beginning of the assignment.
Ultimately, this is a case of the supplier beware!
A Photo Editor said," It certainly seems to
be the trend these days where citizens are held responsible for
corporations that can't pay their bills but an advertising agency
eliminating their traditional role as financier for advertising
campaigns maybe signals an impending overhaul of the way business is
conducted. "
My Friend John Harrington over at Photo Business News & Forum had this to say, " it is important that you understand how companies are attempting to negotiate with you either beforehand, or afterwards in unfoavorable purchase order language that changes substantively the terms under which your initial contract was agreed to. On more than one occasion I have had to have Purchase Order language modified to be consistent with the intitial contract."
And Nick Parish last week wrote in CREATIVITY ONLINE, ""If there is a problem here with people assuming risk and liability we need to come up with a collective solution to that," says Miller. "It's interesting to see what did go on in U.K. and will be interesting to see if production companies here act the same way on an absolute basis."
The production companies say the changes would erode their business model and force them to bear the weight of a client default more heavily than at present. Spokespersons from Omnicom and WPP did not respond to requests for comment.
"How can an ad agency go to a client and demand that they pay them up front and then stick this to us?" asks one head of a high-profile production company. "I didn't realize we were also in the banking business. When no one can finance anything, they're asking us to do it."
Tuesday, March 10, 2009
what is social networking all about ? and should I ?
This is a remixed video on research by Karl Fisch, Scott McLeod, and Jeff Bronman.
Here is a commentary on Social Media.
Finally, a link to a very funny video about Social Network sites, from the Smithsonian
The ASMP responded to the "New Facebook Terms & Conditions," which Facebook later reversed to the previous T&C. Due to public outcry the are reviewing those terms.
Facebook's new approach as written in the Chicago Tribune by Wailin
Here is PhotoAttorney Carolyn Wrights post on the FACEBOOK issue
Friday, January 23, 2009
Concept Art Gallery Exhibit One Week Left
Now that the Holiday's are over and Change has finally arrived in America, I Hope you can stop by and check out the last week of the PITTSBURGH exhibit at the Concept Art Gallery.
Featuring my urban landscape's and the Pittsburgh Bridge series.
In the coming days, we will be launching our Fine Art Photography website and online marketplace so stay tuned.
Monday, January 12, 2009
Organizing your Digital Shoebox 2.0
Seminar: Sorting and Storing Your Digital Photographs - useful techniques for photographers, artists, designers and other creative professionals.
Saturday, January 17, 10:00 a.m. – 3:00 p.m.
Photographer Richard Kelly will share his knowledge of how to keep track and manage the ever growing digital shoe-box. The newest software will be discussed and evaluated, including Adobe PhotoShop Lightroom and Expression Media Pro. Master the task of getting them off your computer and into a safe organized space for the future. This is an expanded and updated version of last year’s workshop. Members and students $60.00; Non members $75.00. Reservations required. Lunch included.
For reservations and more information, call education coordinator Sylvia Ehler, 412-431-1810, ext. 11 or Silver Eye Center for Photography programs.
Friday, November 21, 2008
Pittsburgh Tribune Review of PITTSBURGH Show
Five Photographers Offer an Eye on Pittsburgh by Kurt Shaw.
Dylan, Mark and I were on hand at the opening reception to the PITTSBURGH a century of photography show. We are all three teachers and many of our students from Pittsburgh Filmmakers and Carnegie Mellon University,were in attendance, as well a number of friends, family and clients. It was great to talk about photography and Pittsburgh with so many people.
I ran into Clyde "Red" Hare this past Wednesday, he was unable to make the reception but I know he wanted to be there. Red took a picture of the Heinz Endowments, DOWNTOWN NOW photography team.
One of the real highlights of the PITTSBURGH show, reception, was seeing the work juxtaposed in one place. From Luke Swank's Pittsburgh to Clyde's through to my own. Same city, such different perspectives. As Mark Perrott said to me as my wife Jennifer Pesci-Kelly took our picture in front of the Luke Swank wall, "This is a good night for Photography in Pittsburgh." And he was right.
Wednesday, November 12, 2008
Pittsburgh A CENTURY OF PHOTOGRAPHY
Pittsburgh A CENTURY OF PHOTOGRAPHY
at the the Concept Art Gallery
November 15th - January 31st 2008
Reception November 15th at 5-7 pm.
Featuring Photography by
Clyde Hare
Richard Kelly
Mark Perrott
Luke Swank
Dylan Vitone
1031 South Braddock Avenue
Pittsburgh, PA 15218
USA
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