A word of warning...

This is more of a word of warning for photographers / stylists out there (and also their agents and production companies). This is worth a read so I have included all of it. For warned is for armed. If you know - make sure your agents are working on your behalf (as it is us ... the little fry in this chain of command who get hurt the most).

xxWW

Stephen Best / APA National CEO March 21, 2009

APA on Omnicom statement..."our policy has not changed"

The last week has seen ever-increasing concern and anger in the advertising community concerning a change in the way the Omnicom Group and its subsidiaries conduct business between Omnicom subsidiaries and suppliers. Advertising Photographers of America (APA) reached out for comment from the Omnicom Group about the crisis. With the Omnicom Group being the world's largest advertising holding company, a change in terms and conditions affects the advertising community on so many levels. The policy of concern is called Sequential Liability. Sequential Liability simply means that the agency only pays the suppliers after it has been paid.

Quoted from The Association of Independent Commercial Producers (AICP) published guidelines dealing with this trend:

"Certain agencies have inserted a Sequential Liability clause in their contracts. Others have added a side letter to be signed by the production company. Still other agency contracts do not overtly refer to Sequential Liability as being in effect, but do refer to the agency "acting as agent for" (the advertiser), which suggests the same thing.

If the agency is requesting the recognitions of a "principal-agent" relationship, then the client (principal) should not be released from the obligation of payment until total payment is made to the production company. It should be clarified that even if the client pays the agency, the client remains liable if the agent defaults in fulfilling the payment obligation.

Sequential Liability means that the agency as agent for its principal, the advertiser, is liable for payment to the production company only if the advertiser has paid the agency; otherwise the advertiser is directly responsible for the payment."

On Thursday, March 20, 2009, at 11:47 AM, APA spoke with Pat Sloan, Omnicom Director of Public Relations, to express the concerns of APA and others to the
opposition of this policy. APA members are not able to finance major advertising projects and these terms and conditions are not acceptable. Director Sloan's statement is that there has been no change to their policy on this matter.

Sequential Liability has been policy in the industry for many years. The reality is that advertising agencies, many are Omnicom's subsidiaries, have provided advances and credit to production companies and photographers to begin awarded projects with substantial expense. "Business as usual" must continue was stated to Director Sloan. APA members, independent photographers and small business owners, are not in a position to finance commercial projects of possibly hundreds of thousands of dollars.

APA business practices have long promoted the inclusion of "statements of intent" to receive 50% to 100% of expenses before the start of a job. It is imperative that this practice continues without removal of advances by clients. Photographers should also include that the photographer owns the copyright and any license agreement must be paid before the release of images.

As creators of intellectual property, photographers hold the copyright on their images. It is imperative that registration of images be immediately submitted to the U.S. Copyright Office. Copyright law and licensing agreements with your clients provide you strong legal protection. APA recommends legal action only as a last resort but registration is needed to recover statutory damages and legal fees.

We must stand together and confront these terms and conditions because they are not in the best interest of photographers and their community of support. If even one accepts them, it will cascade and the role of advertising photographer will change to one of being a financial institution or bank for clients. We must not go down that heavily liable road.

The Omnicom Director of PR did promise to recommend a meeting to discuss these matters. It is APA's hope that a meeting will be arranged and discussions will continue to a successful resolution.

As previously stated, BE CAUTIOUS and don't be afraid to walk away. We must stand together.

Stephen Best
APA National CEO

When I gaze into the Mirror

A lovely thanks to Erica Crompton for her lovely mention of me in her piece in the Mirror! I am not (for those who know this blog well) the most prolific blogger out there but I try to keep things interesting.

Sorry for my absence ..it is a crazy mad press week this week. In the usual instance they are crammed somewhat into two weeks where everyone insists on holding theirs on a Tues - Thurs slot. Due to Easter ... it seems everything is crammed into 1! Is everyone nuts?

Our well heeled Fashion Editor shoes can not make it at the best of time to catch everything and I have a 1 shoot in heavy post production and 2 more in pre-production so when in goodness name I am supposed to pull this off and keep the advertisers happy .. only the heavens know.

Tweetie

Yes well I have been twittering for a while but for some reason .. it never occurred to me to link them. You can find me on WardrobeSlave on Twitter. Look forward to seeing you there!

Tatler Editor

So it seems that Catherine Ostler is Heading to Tatler. Not too much of a surprise there as she was always in the frame and obviously is going to continue with much of the same. The job swap - she is leaving the ES magazine while Geordie heads over to head up the whole newspaper - is the least likely to make waves. In this climate, no one can afford to rock the boat. Time will tell!

Ahhh...

I am back. I got the job and all is very well with the world. No the photographer in question is not my new BFF but he was charming to the subject and wasn't too dismissive of me (which was a relief).

I can't wait for the pictures to come out. Although not useful for my book - for my CV, they should do wonders.

Closing my eyes and keeping my fingers crossed.

The annoying thing in this line of work is often, the jobs that will never be. It is usual to be optioned for a job (along with several others) and we sit and wait; like the girl waiting at the prom to be asked to dance. This isn't to difficult to handle but every once in a while you have an option come in that is like having George Clooney / Brad Pitt (delete as appropriate) twirl you around the dance floor. One that you want so badly you can taste it.

Those options are career builders (when they come off) - if Brad for example is willing to dance with you .. you would be surprised how many others also suddenly think you are rather desirable (and also those who thought you were crap before suddenly want to be your new BFF). So I am optioned at the moment, with every finger crossed and anything else I can - that I will be the stylist chosen. The option in question has taken a look, approves and now the nail biting starts. Will I get it, won't I?

I am sure that by the end of the week I will be covering the grey.

Predicting the Future

Sometimes I do wonder about things. For example the title of the last blog - a silly fun play on words. Or so you would think, until I find myself on my couture sitting today. Everyone has been very helpful but every shot taken, every shot covered but we all sit hear waiting, waiting and waiting some more. The Couture house that we are waiting for?

It isn't the PR's fault as I was promised my dress at 5pm, by 6 - nothing. The client before hasn't released it, and now it is 7:30 the dress is finally on its way. This is the way of Couture and to be honest I am bloody lucky not to be shooting through the night. Most of the girls are leaving today / tomorrow to get to NYC for the start of fashion week there mid month.

It has been a crazy few days. A shoot yesterday which went as well as I could have hoped. I am just waiting to hear the verdict. The present shoot is lovely and far, far better than I could have hoped given less than 12 hours ago, I didn't have a studio, clothes, hair + makeup or a girl with a model.com top 20 rating.

Sometimes, although I love this job at times - it can makes me tear my hair out. So here I sit - writing while wasting time (thank god no overtime rates), until the beautiful Gaultier gets here.

Right now however I really could do with a G+T.

*Update - it arrived. It was my first choice and all is forgiven as it is just stunning and worth ever minute of the 2.5 hours late that it was. Viva la Couture!