I think this is an OPPORTUNITY. Let me explain.

I run a Digital prod company working internationally, among which with omnicom companies.

Omnicom has and is still trying to pass this to its digital vendors as well. It is good to know that so far most of the big player are refusing such terms. It is good to know that they tried it with TV production companies a while back, but failed as no one wanted to work with them.

I do agree that this moves goes a long way to question the role of Ad agencies. An essential role for the industry for so many years. A role that currently they seem unsure to hold. This policy is being crafted by someone who has little connection with the world of specialised services. True. But who cares?

It is not the end of the world. If you look at this positively, it is an opportunity. A real opportunity to be paid in time. An opportunity to be paid upfront and on delivery. Enough of chasing money after the project. Enough of 30 or 60 or 90 days. etc.

Omnicom wants to relinquish responsibility? Fine. Pay an advance and pay on delivery.

If they don’t then there is an opportunity to go to brands direct and offer them an agency that will take that responsibility and service.

By doing this Omnicom is creating opportunity for all.

Onwards and upwards!

If you get a call from Omnicom, the best thing to do is ask a lot of questions before you estimate the job. Make sure they will provide an advance. Make sure your terms and conditions state that photographs will not be delivered until an advance is received.

Make sure your invoices state that images may not be used until you are paid in full. This is to avoid copyright infringement and protect the agency and their clients.

While I have not worked with an Onmicom company since this announcement, it is worth noting that several other agencies I have gotten POs from have changes the wording on their POs to include the “acting as agent for” clause, and sequential liability. We were not warned of the new terms before we received the PO, and the art buyers also did not know that there were new terms in the POs.

Andy is exactly right. If this year hasn’t taught photographers to take contracts seriously, nothing will. If Omnicom is protecting themselves from their clients, shouldn’t us relatively small fish do the same? Jeeeeezz.

Thanks for the heads up Rob.

I have worked mostly corporate direct, and I am still new in photography. While I have been trying to line up more agency work, I have to wonder if I can afford the risk. If Omnicom succeeds in making this work, then it will entice other agencies to follow their lead. Currently the pace of deadlines and the use of in-house creatives already limit the usage of photographer through some agencies. I don’t think everything can fit into a draw or illustrated pattern, so at some point the agencies will need photography.

Maybe its time to go back to the model that Magnum created, but with a twist. I really think ASMP, EP, and APA have been in-effective, largely because they do not speak with a unified voice. Sure, there is a one-for-all mentality of competitiveness, but I think a collective with some bargaining power would be a good thing.

“This Agreement supersedes any and all prior representations and agreements, past and future, whether written or verbal. Neither Photographer nor Licensee shall be bound by any purchase order, term, condition, representation, warranty or provision other than specifically stated in this Agreement.”

My agreement also defines Licensee as the Agency….

On any estimate forms or other paperwork submitted, specify “this agreement shall supercede any other agreements, past and future, made between ______ ‘the Agency’ and ______ ‘the Photographer’.” …and make sure you get an original SIGNED by an art buyer (not a freelancer) employed by the agency. And also get the countersigned contract from the agency before beginning any work.

Or better yet, specify “as per the agreement signed ____ (date of activation of the agency contract), this agreement shall supercede…” blah blah blah.

Maybe also throw in small print specifying that all parties agree the agreement is between the AGENCY and the photographer or something to specify the relationship (the “agency” is not really an “agency” then, is it? Rather it’s an company which is in the business of creating derivative works from subcontractors’ original, copyright-protected works).

I would hope that, given two conflicting contracts, one of which specifies supercedence of other agreements, most judges would favor the little guy. It at least gives you more recourse and explicitly defines the agreement terms and relationship. I would think that any photographers who get shafted would be able to show plenty of precedence (aka: past jobs) and “industry standards” (aka: jobs completed with other agencies).

However, I’m not a lawyer, so would any lawyers reading this blog care to comment?

PLEASE JUST SAY NO …….NO NO period

Do they think my assistant would be ok spending 10 hours with me and me saying oh yeah the client never paid me so I’m not paying you for your hard work…sawrey.

Photographers have no place in being banks or whores PERIOD.

Mr. Suarez:

Then do it. You are now elected president of the group that will unite APA and ASMP — these are your marching orders — go do it.

You are that man. We elect you. Make it happen.

Any time I hear a politican say, “We need to fix Social Security; we need to fix Medicare; we need to fix health care”, I just tune it out, because it’s clear they have no answer, and are just pandering to the masses.

“We need; we need”. Of course, we need, but photographers are a desperate bunch, when push comes to shove. Rent comes due, and the ethics go right out the window. We have no one to blame but ourselves.

Talk is cheap. Go fix it. I dare you.

Every Man for himself, is why we are having this discussion and these problems, we dont respect ourselves, so our clients dont respect us.

I would love the large inflatable Rat in front of any advertising firm, Conde Nast building, anywhere in NY protesting.

If we dont stand as one, we fall apart as many.

ASMP/APA need to join together.
and
Photography needs a larger voice in the industry.

that was my thought exactly! As an emerging photographer still trying to pay off my education, I should be looking to jobs to help me accomplish that, not be forced to choose between making a loan payment this month or putting it off to help finance a job instead. (which I know would be a dumb thing to do)

Thankfully, being new to the scene it will be a while before I’m being considered for those big-budget gigs. I can only hope it gets better and not worse between now and whenever I get there.

It can be very simple. No lawsuit or countersuit is necessary. You just say no and move on. No advance, no scouting. No advance, no casting.

Again, photographers cannot unionize. They are freelancers. Only employees can unionize. Hell, take three photographers, put them in a room, ask them where they want to eat dinner, and within ten minutes, it’s a huge argument, a fight breaks out, and the cops are called. So nobody get their hopes up about ANY kind of solidarity. It’s every man for himself in Photographer World. Always has been, always will be.

And please, let’s put the term Day Rate to bed forever, can we? It’s 2009.

And clients NEVER cared about the interests of the photographer. This is business; not a campfire. Do you care about the interests of the ad agency or the client? No, you just want to shoot a nice image, and get paid. End of story. So turnabout is fair play.

Anyway I don’t like the idea of dealing with the client directly too much. I have done it before – sometimes they have no understanding of the photographers jobs, life, career and risks (they see your day rate and think photographers are payed way too much etc). At the agencies they know at least a little about you and your risks etc.

Is the photographer allowed to know the credit worthiness of the client? Who are they? can they even pay?

How will TARP, TALF and the political winds effect their ability to pay?

All this seems to end badly for those who want to be full time photographers with student loans to pay.

http://www.universities.com/edu/Brooks_Institute.html

“maintaining solidarity” I am afraid it won’t happen…
I actually nether saw such thing… that mean before maintaining is bringing…

But you’re right otherwise.

ASMP is known for jumping the gun and claiming credit for all sorts of actions.

Are you so sure APA is not working behind the scenes?

Just because you are the first to crow about it does not make you the biggest rooster in the yard.

Here’s a piece I wrote about the issue when the film producers started to get up in arms about it a few weeks ago: http://tinyurl.com/dlmu4x

Funnily enough, I’d just finished a piece on what Argentine creatives did and noticed as their economy slowed down a decade ago; a quote that stuck with me was this: “one thing I remember was the sudden all-powerful and in full metal jacket appearance of CFOs and other financial managers, messing even with the creative product itself, in some cases deciding over who should stay or go in creative departments. That was a moment when I said “oh dear, the boat is sinking.” (that’s here, btw: http://tinyurl.com/bug3tj)

Generally I wouldn’t flog my own work this way but these two stories are pretty germane to the discussion; I’m glad people in the photo community are starting to take notice; the next step is to stand together and voice dissent and not take the jobs. the problem there is maintaining solidarity.

http://tinyurl.com/dkuaxh

And I spoke with a friend of mine, a car shooter in Detroit, recently, and he says this is just the tip of the iceberg. The details are not encouraging.

My answer to my rep was a RESOUNDING……no. Its fundamentally wrong to fund anyone’s photo shoots, especially large corporations. Do not over think it or try to rationalize it. It’s WRONG and you should not ever do it. PERIOD!