livebooks blog

In a move that could portend worse to come for advertising photography, Omnicom Group , the world’s largest advertising agency holding company, is tightening its belt. The huge corporation has chosen to enforce its sequential liability language, which states that ad agencies acting as agents for their clients are not liable for production payment unless they’ve been paid by their client. That means the Acme Ad Agency, representing Tropicana Orange Juice does not have to pay me, the photographer, until they receive money from Tropicana. If I don’t agree to those terms, then I can take a hike.

The move is seen as a measure to mitigate debt exposure to advertising clients like GM who are on tenuous financial footing. What this means for photographers is, if you work with an Omnicom agency, you will no longer be getting an advance check to produce the job. Adding insult to injury, Omnicom agencies are going to ask photographers to sign a contract that states they don’t have to pay the photographer for 65 to 70 days after the completion of the shoot, and that’s only if they’ve been paid by the client.

Sequential liability has been part of ad agency contracts for two decades, but it was meant to protect the agency from getting left holding the bill with large media buys if the client went out of business. At the production level, the sequential liability language was formerly removed or ignored.

Swiftest to respond to this action were the commercial production houses. Project budgets to produce a television spot run into the millions of dollars. Without the ability get a 50% advance on the budget, the production houses would have to secure massive credit lines that just aren’t available in the current economic climate. Photographers are going to have an even more difficult time because their financial resources are not as extensive as a commercial production company.

Yet all may not be lost. Last week, in the United Kingdom an industry backlash about the practice resulted in Omnicom UK suspending the sequential liability rules after engaging in talks with the Advertising Producers Association.

The question is, what’s going to happen here? Will photographers protest and force Omnicom to reconsider? Could you operate without getting an advance check? What are photographers’ options?

*UPDATE*
I spoke to Pat Sloan from Omnicom who said “There has been no policy change, we have reminded agencies of what the policy is.”  As I mentioned previously this policy is to protect Omnicom from being exposed to debt liability should a company that one of their agencies is representing not pay their bill.  Amy Rivera from DDB LA wrote me saying that “We have great clients that pay the advance every time and it is still our practice to secure advances.”

Communication is the best policy here. Ask, if there is going to be an advance available.  Read up on the financial solvency of the client.  Have a very clear understanding about how much production debt you can carry and for how long.  As Tricia Scott pointed out “There aren’t too many photographers who can upfront this type of money (and shouldn’t!). Imagine 3 jobs happening at the same time, upfronting it all.”

Check out the rest of this series from Chris Linder, who went from writing grants as an oceanographer to getting NSF grants to visually document scientists. His insights range from grant writing to this post about packing for the extreme conditions of Arctic and Antarctic expeditions. Also, you can register now for Chris’s upcoming webinar live from the Bering Sea.

As Chris explains, this is why he uses hard cases for his gear. Photo by Chris Linder, WHOI

The simple answer to the question, “How much gear do you take?” is, “As much as I am allowed.” Each expedition has presented a different sort of logistical challenge. For a ship-based expedition, like the trip aboard the Swedish icebreaking ship Oden, there was really no limitation to what I could bring. A 400-foot-long icebreaker is like a small floating city, and typically you can walk your gear right onto the ship.

For other trips, like shooting in remote Antarctic field camps, I was severely weight-limited. Everyone traveling to McMurdo Station (the largest U.S. base on Antarctica) is allowed only 85 pounds of personal luggage on the C-5 flight from Christchurch to McMurdo (not including carry-on). When you factor in the heavy weight of parkas, cold-weather gear, and boots, there isn’t much room left for photography equipment. So for that trip I loaded my heaviest gear into a small carry-on backpack and packed the rest of the lenses, tripod, and accessories into socks, long underwear, and parkas, and stuffed them into a combination of hard and soft cases.

Generally, while traveling I carry a small backpack with essential camera gear plus two hard-plastic Pelican cases—one for laptops, chargers, and hard drives, and the other for extra photography and communications equipment. Often the cases will be sitting out in the rain or snow for hours at a time in transit, so waterproof hard cases are essential. On a typical expedition, I will bring:

• MacBook Pro for photo editing
• Dell laptop for Iridium satellite data communication (if necessary)
• two 320GB Lacie rugged hard drives for photo storage
• assortment of cables and chargers
• two Nikon camera bodies (D2Xs and D300)
• assortment of lenses (10.5mm, 12-24mm, 17-55mm, 70-200mm, 105mm macro, 300mm)
• accessories (1.4x teleconverter, strobe, gels)
• communications equipment (Iridium satellite phone or BGAN Inmarsat, data modem, chargers)
• carbon-fiber tripod and heavy-duty ballhead
• small collapsible reflector/diffuser

On location, I prefer to work out of a waist-belt system made by ThinkTank. I carry one body with two lenses in a Digi Holster 50 and the rest in lens cases strapped to a heavy-duty waist belt. This system allows me to quickly swap lenses without slowing down, while also preserving my spine. Since 99% of my photographs are not posed, being ready to grab a shot at a moment’s notice is critical.

Be Part of the RESOLUTION: What’s was the hardest lesson you ever learned about packing or traveling with gear?

One of Robert's images from the Tongass Rainforest. ©Robert Glenn Ketchum

Although there is always the fluke opportunity for a picture book to sell hundreds of thousands of copies, like Yann Arthus-Bertrand’s Earth From Above, or Ernest Haas’s The Creation, the likelihood of that happening is one percent. The rest of us are pretty lucky if we sell 25,000 books — we’re actually pretty luck if we sell 10. And then if you narrow your market by trying to intellectualize anything, or in particular politicize anything, to take it anywhere other than just a pretty picture book about a popular theme, then you lose even more of the market. Your publisher’s not interested. Your bookstores don’t respond in the same way. Your readership gets smaller. And don’t forget that when you publish a book, it goes to the first tier of distribution, and that’s national, then the price usually doubles. Then it goes from there to the smaller distributors, and then the price increases again. Then from the smaller distributors it goes to the bookstores. If the bookstores take it, it’s maybe two copies, and it ends up spine-out unless the publishing company has paid for some kind of display. So now you’ve got this book you’ve put years of effort into, photographing, editing, publishing. Plus the cost. And it ends up spine-out in some bookstore. If you’re trying to change anything, especially change the world in any way, it’s not likely it’s going to happen at that pace.

I learned a lot about this with The Hudson River and the Highlands, my first book with Aperture. I met Aperture through the Lila Acheson Wallace Fund, which commissioned Stephen Shore, William Clift, and I to photograph the river. My images were pretty confrontational and political, so when I originally presented them to the Wallace Fund, I said, I recognize this is not what you gave me the commission for. You don’t have to use them, I just want to show you that I’m doing them. And they said, these are the ones we think are the most important, because they were working form a conservation perspective.

From there I was introduced to Aperture. It didn’t take me very long at Aperture to realize the frustration of publishing a book and having the limited exposure and sales. We still did well, we sold over 10,000, but only because it was Hudson River and New York. Michael Hoffman, the former president of Aperture said to me, “You take away part of your market by putting these politicized photographs in, but I understand the foundation is supporting it. It’s a kind of corruption of the coffee table book, so I guess it’s interesting that we’re doing it here at Aperture.” And that’s how it was viewed. My further frustration was that the book didn’t reach a wider audience than the Hudson River lovers. It didn’t reach the conservation audience I wanted, and it didn’t really comment on Regan’s take on the Clean Water Act, which was what I kind of implied in my essay.

Another, less idyllic image from the Tongass. ©Robert Glenn Ketchum

So when we came to the table with the Tongass rainforest book, again I was working with Aperture. This time I was determined to be more strident in my political content and to look at book distribution more realistically in terms of what I expected to sell and get from a royalty. First I said, I think this minimal royalty for sales, which is all projected out over years, is a joke. How much are you going to give me, if you added it all up? And usually you’re lucky if it’s between $20,000 and $50,000. I said, how about you give me that in books at cost? I do lectures and workshops for non-profit fund raising and things like that where I will sell my books, and I agreed not to poach their bookstore sales by selling at retail. And then I would just go away, and they’d never have to pay me a royalty or anything, I just get those books free. Well Aperture was happy to do that and I was happy to get free from Aperture’s bureaucracy. In particular it allowed me to hand out books when I felt like it because they only cost a couple bucks.

Having published the Tongass book, I wanted to change the way it was distributed. So I approached foundations in the conservation community. I struck an agreement between one of the foundations and Aperture to buy books at cost (about 800) so that they could be handed out in Congress, not only to members but also their legislative assistants. And Aperture agreed. That was Aperture’s first introduction to the idea. So that happened with the Tongass book, and we got it handed out in Congress and widely distributed through information networks like Natural Resources Defense Council and Earthjustice that needed it as a visual imaging device.

An image from Robert's Overlooked In America book. ©Robert Glenn Ketchum

From the time we published that book in ’86, the presence was accumulative, sort of a ball going downhill, gaining momentum. And in 1990 we passed the largest timber reform bill in history of United States. The book was not the sole element that made that happen. It was all the people working on the project. But it gave them something to carry around in their hands to say, this is what it looks like, and, more importantly, this is what’s being done to it, because the clear-cuts were in the book. And the industrial log yards and people being displaced in the fishing industry were in there. So there was challenging stuff like the images I’d integrated into the Hudson book, but more stridently so, and the essay stopped beating around the bush and came out and called a spade a spade and got a lot of people in trouble. It was a real political advocacy books. It probably had a very limited market in terms of real picture book marketing. Yet it had a huge life, and went to a third addition, 50,000 copies, but mostly by handout, request mailing, website sales, and foundations networking. The group I did all this with is the Macintosh Foundation; they also helped with the distribution in Congress and they helped underwrite the traveling exhibition that showed at the National Museum of Natural History on Earth Day. They operate some boats in Southeast Alaska for recreational use and they appreciate the eco-tourism value of the land as opposed to the log-it-to-death aspect.

That opened the door to my ensuing book with the Akron Art Museum, which resulted from a commission to photograph the newly created Cuyahoga Valley National Recreation Area. The book, Overlooked in America, went beyond the context of Ohio and examined all federal lands in North America and the way they were being mistreated. Aperture was also the publisher on that production, and their literal words were, “This book is so bitter, we can’t imagine a readership audience.” And they didn’t want to run it. So my funders said to Aperture, if somebody paid for printing costs, would Aperture help distribute any books? And Aperture said, probably just 1,000. So we ran 10,000 and distributed the rest to the environmental networks. And those books were on the front lines of battles about mining, about parks — they even got handed out in Alaska when the battle started over the mine in Bristol Bay. I’d done a completely different set of books there, but they still found Overlooked in America useful to hand out. So these books have another kind of life. They live on the shelves, but they have another life where they serve advocates. But they don’t get out if you don’t take them out into that advocate world.