We had a little party for friends and clients this weekend so I set up a photo booth area. I wish I had more photos of our guests! To be honest, I’m sure a lot more people wanted photos but I think I was too busy saying hello to everyone and no one wanted to drag me away to take their photos. Anyway … no more excuses. Here are a few photobooth photos. For all of the party photos click here.

I was in Costco yesterday (buying some new tires) and saw that Clive Cussler’s latest novel, Corsair, has just been released. I’m happy to announce that G. P. Putnam and Sons has yet again printed one of my portraits of Clive on the back of the dust jacket. This particular portrait of Clive Cussler also appears on the back covers of The Chase and Plague Ship. Corsair is co-authored with Jack DuBrul (who is also one hell of a nice guy) and continues the Oregon Files saga. Since Clive remains one of my favorite authors (an author among authors), I always feel honored when my photos appear on the back of his novels.

A few weeks ago Jean Dousset returned to our Los Angeles studio with a few more rings. Here’s a huge yellow diamond engagement ring that I photographed during our product photography session. This ring is available through Jean and will retail in the low six figures. The depth of field (focus area) on this piece of jewelry was intentionally kept shallow to put greater focus on the yellow diamond.

Earlier this week I met Leslie and Jason for their pre-wedding engagement session at the Los Angeles Arboretum. Leslie is one of those “happy brides” who is super easy to photograph–she’s smiling all the time. According to Leslie, Jason also had a great time, but it was sure hard to make that man smile! Their wedding is only a few weeks away, so check back soon for more photos. I’m really looking forwarding to working as their wedding photographer!

Christian Moralde is an actor, writer and host, who is committed to community service and a strong sense of dedication to his family and friends. With credits in the theater and national commercials, in 2005 Moralde produced, wrote, and starred in his one-man show, “Don’t Call Me Walter!”. He has also taught acting workshops in many high schools and has helped form an acting group focused on educating students about HIV. I last photographed Christian in 2005 and was thrilled that he returned to my studio last Saturday for a rainy-day portrait session. Here are two of my favorites from our session.

Melynda Eccles works as a key member of Telemachus — a premier Los Angeles architecture firm. She wanted a few headshots so I was happy to oblige. She was such a joy to photograph! Here are a few photos from her session.

Viviana is the owner of Vivendi Fashionista — a Los Angeles firm that reinvents or refines the style of any man or woman through Image Consulting, Personal Styling, and Lifestyle Consulting. Viviana dropped by the studio yesterday for a portrait. Here are my favorites from our session.

Carl is one of the partners in Telemachus — a premier architecture firm here in Los Angeles. A few days ago he came by the studio for a few portraits. Here’s my favorite headshot from our session. He considers this image an example of his “tortured artist” look!

I’ll often work with clients who’ve never had their product photographed. During our conversations, I’ll ask my clients if they’d like their products clipped from the background. The answer to that question will often affect my recommendations about how the product in question should be photographed. To illustrate what product clipping looks like, I’m posting two before and after photos. The "before" example shows the product before color correction, retouching, or clipping. The "after" photo shows the product after it has been corrected, retouched, and clipped.

Before

After

Before

After

The Omnicom Group is the world’s largest advertising agency holding company. Apparently they’ve decided to change their policy in regards to how photographers are paid for commercial projects. As a working photographer, I’d be unable to support these terms. Here’s a media alert sent out by the American Society of Media Photographers:

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!

Eugene Mopsik

Executive Director, ASMP

mopsik@asmp.org