Omnicom Alert...
rich56k
Registered Users Posts: 547 Major grins
Just received this from ASMP, pass the word if you know anyone dealing with Omnicom... :deal
rich56k
> The statement below has been released to the trade press and posted to
> various blogs and social networking sites in an effort to create the
> maximum awareness of this troubling change in practice. Please do what
> you can to share this information. Thank you for your support.
>
>
> 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
>
rich56k
> The statement below has been released to the trade press and posted to
> various blogs and social networking sites in an effort to create the
> maximum awareness of this troubling change in practice. Please do what
> you can to share this information. Thank you for your support.
>
>
> 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
>
http://HooliganUnderground.com
Member: ASMP; EP; NPPA; CPS
Member: ASMP; EP; NPPA; CPS
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