livebooks blog

When blogs swipe your images, you might get more than traffic coming back to you. ©Lou Lesko

For the last year and a half I’ve been enthusiastically pushing photographers to let their images get swiped for non-advertising online use as long as there is an attribution link back to their site. I anticipate blogs rapidly becoming the main sources for news online, so the more exposure blogs swiping your images get, the more exposure your work will get via attribution. What I didn’t consider initially is the potential guilt-by-association factor if your image is used with a bogus or inflammatory blog post.

There has been a rise in criticism of high profile blogs posting stories that violate expected ethical considerations in the past few months. Popular blogs that have risen to the top through marketing and hiring good writers who are assumed to adhere to a journalistic code of ethics. However, unless stated specifically, there may be no ethics involved at all. And to be fair, even blogs that do subscribe to an ethics code can get it wrong. Blogging is still a young medium — these issues will eventually be resolved but right now they’re still being worked out.

My concern is that a swipe of one of my images could result in my name being associated with a blog post with which I have moral or ethical conflict. I know I can’t have have it both ways. I can’t pray for link exposure and then get pissy when I get it because I don’t like the blog that gave it to me. That’s like lobbying National Geographic for a foreign photo assignment in Russia, then pouting because they send you in the dead of winter.

What are your thoughts? If a blog whose content you disagree with ran an image of yours with a highly contentious story, but you got a lot of exposure, would you be upset, maybe even contact them to have your image removed? Or would you be thrilled to have your online presence elevated because of the huge click-through rate to your site?

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.”

©Lou Lesko

When I made my first TV pitch, I was less than a nobody in Hollywood. I was able to get a meeting with a TV somebody only through the help of another huge Hollywood somebody. The Bravo Channel producer, who had a reputation for deciding the fate of a project based entirely on the pitch meeting, granted me ten minutes of her time. The advice I received from other industry veterans was to practice my spiel, tighten it up, and practice it again. Producers at this level hear so many pitches, I would only have sixty seconds to grab her attention. In spite of the confidence I gained from hours of practice, at the end of the meeting I had two puddles in my jeans pockets where the sweat dripping from my armpits had pooled. My pitch propelled the project to the next level, but it ultimately didn’t make it. I didn’t mind. I had learned one of the most valuable lessons of my career. Being able to deliver an effective pitch is as important to your business as knowing how to make an image.

Photography is an industry of cold callers and connection hounds. Even with a solid introduction to a heavy weight advertising person from your brother’s, cousin’s, ex-girlfriend’s cell mate, you need to make a solid, swift impression with your first contact. A pitch. Doing so requires that you take a few minutes to prepare.

Email is the easiest. You can write, read, edit, read, and edit some more. Yes. Edit that much. Also, if you’re thinking about employing a grammar school business letter model, they are totally outmoded. Consider the following:

Dear Super Heavyweight Person who could get me a high-paying gig,

I’d like to introduce myself, my name is Lou Lesko. As you may have heard from our mutual friend, Miki Johnson, I am calling on you in the hopes of setting up a meeting to show you my portfolio. I’ve been a photographer for 25 years with extensive experience in the fashion and lifestyle genres. I feel confident that I would be a valuable consideration for any future jobs at your agency, and I am ready to meet you at your earliest convenience at a location of your choosing.

Contrast that to:

Dear Super Heavyweight Person who could get me a high-paying gig,

Our mutual friend, Miki Johnson, let me know that it would not be a problem to contact you to set a meeting to show you my portfolio. I appreciate you offering your time. Please let me know the earliest date and a location that is convenient for you; I will make myself available. In the meantime, some of my work and my career background can be found on:
http://loulesko.com

The first example isn’t bad, but it’s about as dry as a Saltine cracker on a hungover morning. The second one is a bit more in your face, but it identifies in the first sentence the individual we both know and the reason why I’m exploiting the friendship. The rest shows that I’m reasonably polite and accommodating, but if the reader skipped reading the rest of the email, they would still know exactly what I want and why I feel justified in asking. And that is the pitch.

Leaving a voicemail requires the same pitch-style communication. Articulate why you’re calling in the first sentence, followed immediately by your contact info. A person you don’t know that’s listening to your message will not want to drudge through a long drawn out treatise about “how great it is you know the same person and, wow, we’re both in the same industry and, boy, I could sure use a shot at that new account your agency just won.” Conversely that first sentence can’t be a brash assault on the recipient’s voicemail, and should have a dash of your personality. Unless you’re an ass. Then fake it.

In pitch situations, when I’m a bit nervous, I have a dreadful propensity to mumble. To avoid doing that, I leave a few practice messages on my own voicemail. I know it sounds a bit like a high school boy practicing a speech to get a date with a girl, but it is totally effective in polishing my pitch.

The same tactics will also prepare you for the contingency of (oh my gosh) the person picking up the phone when you call. I’m not saying you should be as disengaged as you would if you were leave a voicemail, but having taken the time practice will put you a in a great position to start a great conversation that could lead to more work.

One last tip. If you’re sending a web link in an email, test it first by sending the email to yourself. One of the most common mistakes is to place a period at the end of a link because it closes a sentence like this: And you can see my articles on http://loulesko.com/articles.

The period at the end of the sentence will make the link fail. That’s why in my example above I put the link on its own line without any closing punctuation.

That’s my pitch, thanks for listening.

Business concepts are only intimidating if you let them be. The photo industry is stereotyped as being business averse. Ironically we’re better suited for it than most people. We look outside of the box to solve photographic problems every second of every day. So why should we fail to apply the same thought process when it comes to business issues? All we need to do is learn a bit more about that other world. Not unlike we do when we research an assignment we’re about to shoot.

A few months ago I wrote a comprehensive piece about the current economic situation and how it relates to photographers. In it I touch on an explanation about where the economic crisis came from. But this video makes my simple explanation look like hieroglyphics requiring a Rosetta Stone. If you transact anything more complicated than buying a beer, stop what your doing and watch this video (by Jonathan Jarvis, as part of his thesis work in the Media Design Program, a graduate studio at the Art Center College of Design).