Welcome Back to the Community Table: Agents in Conversation with San Francisco Art Producers. Dessert Part I

ChaseElder_MG_6593_w1

For those of you just joining us, welcome to Community Table  SF– the latest series of blog posts sharing conversations held directly with our community leaders about top of mind industry issues. Community Table was formed from the collective efforts of Matt Nycz and Kate Chase of Brite Productions and Heather Elder and Lauranne Lospalluto of Heather Elder Represents with the idea that there is nothing more powerful in our industry than education.

 As a reminder, each Conversation Starter was directed to one person with a general discussion ensuing.  Not surprisingly, many of the answers were similar to those of our LA and NY colleagues.   Therefore, rather than sharing the entire conversation, we included the original question and then the quotes and notes that were most relevant.  Please note, often times the person leading the conversation spoke most often.

And with that, we welcome you back to the table.

Please note, there will be eight posts shared over the month of April.  Tune in every Tuesday and Thursday for the latest installments. Link here to read  The  Appetizer Part I,  The Appetizer Part II and The Main Course Part I and The Main Course Part II.    To see our other Community Table posts from LA and NYC, please link here  

San Francisco Participating Art Producers

Owen Bly:                               Art Producer/Freelance

Kate Stone Foss:                     Art Producer/Freelance

Cameron Barnum:                   Art Producer/BBDO

Shayla Love:                            Art Producer/Razorfish

Suzee Barrabee:                       Art Producer/Goodby Silverstein & Partners

Dan Southwick:                       Art Producer/ Goodby Silverstein & Partners

Kristin Van Praag:                   Art Producer/Heat

Jacqueline Fodor:                    Art Producer/Venables, Bell & Partners  

Rebecca Lanthorne:                 Art Producer/Butler, Shine, Stern & Partners

Analisa Payne:                          Art Producer/Freelance

Justine Barnes:                        Art Producer/Duncan Channon

Marissa Serritella:                   Art Producer/Butler, Shine, Stern & Partners

COMMUNITY TABLE – THE DESSERT: PART 1

Conversation Starter 9: Sharing the Budget

Conversation Starter 10: Treatments

  

CONVERSATION STARTER #9

Sharing the Budget:

Under what circumstances is it best not to share the budget? And, from your point of view, how is it helpful?

Marissa Serritella/Butler, Shine, Stern & Partners

As far as sharing the budget, I like to do so when I know we’re asking a lot for a very small amount because you really do want to see what is realistic to pull off with limited funds. Sometimes we get a budget that isn’t very specific, as in we have $400K – but we need to share it with print production, interactive, it has to cover hours, travel, etc – so really in the end we don’t have a real number, we just have to see what we can make work. I’d always rather be honest and know from you what you think it would take to do the job the right way and then tweak from there as necessary.

And of course not all agents are this way, but there have been times when if you say the budget is X then they come in right at X even if in reality they could have done it for a bit less – so I think that’s why a lot of buyers don’t want to offer it up too easily.

Dan Southwick/Goodby Silverstein & Partners

I have a hard time getting the budget. But when I have a budget, I will probably share it unless there is a good reason not to.

Kate Chase/Brite Productions

I know it’s an obvious question, but how do you not know the budget?

Dan Southwick/Goodby Silverstein & Partners

I think it’s the way money is moving around. There are larger buckets and clients are still working off a quarterly budget and it’s supposed to do this, this and this and there are some outliers and for a short-notice print shoot, they might not know the budget. Even for approved concepts.

Owen Bly/Freelance Art Producer

There are certain larger clients with whom you may not know the budget going in. And we’ll just throw it out there to three to five photographers and see what happens. But ordinarily, I like going in knowing the budget and I like giving you guys some idea of what you’re working with.

Jacqueline Fodor/Venables

I’m honest about the budget when I know it. There are a lot of clients who say they don’t really know what the budget is. I think they do know or at least have an idea, whether it’s $100,000 or $50,000.

In this situation, I don’t do a triple bid. I go to a rep I’m comfortable with or the favorite and ask them how much they think it will cost. And I take this back to the client who will often respond that they want a triple bid and in the process of this discussion, the budget reveals itself and I have to renegotiate or change the scope.

It is hard when clients do this and I don’t know how to get around it. They’ve forecasted and know how much money they have allocated. If I come back and tell them it’s going to cost $100k and they push back, they have a general idea. Every client has a budget.

One approach is that I’ll give them a ballpark of $100k and ask them if they have this? Their answer gives me an idea.

ChaseElderIMG_9070_w1

Heather Elder/Heather Elder Represents

I know you. So when you say you don’t have a budget and I give you a number, I know you’ll come back to me. But if it’s someone I don’t know or haven’t worked with before, my gut tells me they only have $10k and I’m going to give them a bid for $75k. And it’s a huge waste of time.

Jacqueline Fodor/Venables Bell & Partners 

I never call anyone I don’t have a relationship with. I call reps I know and ask them to help me figure it out.

Heather Elder/Heather Elder Represents

And that is great. I’m happy to help you. And to be quick about it and not to involve my photographers. It’s just you and me figuring it out. But the challenge comes when they want a formal bid and not a number.

Do you have any advice for a rep who gets a call like this from a client or producer we haven’t worked with and don’t have a relationship with and they have a project they want us to bid and they say they don’t know the budget, but we know in our gut they don’t have the budget.

Suzee Barrabee/Goodby Silverstein & Partners

The question I might ask is ‘What has the client typically spent in the past or do they have a range they have spent or are comfortable with?’

Kate Stone Foss/Freelance Art Producer

I’m finding that budgets are all over the place. There are so many different uses. When my clients ask me how much it’s going to cost, I have no idea. I have to go to the reps.

Kate Chase/Brite Productions

Is there an advantage to going through this process and not just throwing out a ballpark?

Rebecca Lanthorne/Butler, Shine, Stern & Partners

Yes, because if you ballpark and the scope changes slightly it can change the budget a lot. You have to go through the process. There are no shortcuts.

Analisa Payne/Freelance Art Producer

I know what goes in to a shoot so I can easily drop in the numbers without involving you guys. But what I’ve found is that there is one bucket of money and out of that has to digital, video and print and it’s a shell game of priorities.

So we find out what everything is going to cost and then piece together the budget. I work with a digital and TV producer and sometimes my budget gets chiseled d and some times digital gets pulled out altogether depending on the client’s priorities. I’m finding this is why I don’t always have a budget.

Heather Elder/Heather Elder Represents

This is also helpful for photographers to understand.

Kristin Van Praag /Heat

And just so you know, we feel the same way you do. Someone will come to us and say they want to shoot something and we ask for the budget and don’t get it.

They have big marketing departments and quarterly budgets. So they don’t put aside $20k to shoot something. They have a general budget and decide to shoot something and come to us.

Shayla Love//Razorfish

What I need is to know the range for the photographer’s fee. This can be the biggest chunk. It can be astronomical.

Lauranne Lospalluto/Heather Elder Represents

Producer fees range as well. We have producers who work for $1,200/day plus an assistant and two PA’s and another who works for $800/day and just needs one assistant.

Is this a red flag for you or do you take comfort in working with a seasoned producer who is going to give you peace of mind that things are going to go smoothly? Is there a perception with this?

Suzee Barrabee//Goodby Silverstein & Partners

Depends on project. It’s OK to recommend producers. It’s not something we want to get too involved in. There are some you know and like.

Some you know and like who can drive up costs.

Cameron Barnum/BBDO

If a producer line item was too high it would throw a red flag on the entire estimate.

Analisa Payne/Freelance Art Producer

Especially if a producer is building a big team behind him/her. Is it really going to take an assistant, two PA’s and an errand runner to pull this off?

Lauranne Lospalluto/Heather Elder Represents

I question production expenses sometimes. ‘We’re on a closed set. Why do you need walkie talkies? At $250/day for five days?’ That’s $1,200.

Cameron Barnum/BBDO

Ballparking and creating production schedules are helpful. You do want to find out what the usage is going to be and what historically they’ve expected. I don’t find those fees are astronomical or change the bottom line that much. You can get an idea of what you are going to pay.

Rebecca Lanthorne/Butler, Shine, Stern & Partners

It does seem common practice now for account directors to be given a bucket of money that they then have to distribute among the different departments. Each team then does their own budget and comes back to negotiate so they all enough money to do what they need to do.

Dan Southwick/Goodby Silverstein & Partners

We’ve had instances where we have to do something similar. The producers meet and distribute the money across the departments. We work together as a team to make sure we all what we need. And do our best to keep production where it needs to be.

ChaseElder_MG_6604_w1

Shayla Love//Razorfish

Is this before or after creative has been assigned?

Dan Southwick/Goodby Silverstein & Partners

No, we are just ballparking so we can work as a team and be good to each other. We do our best to push back to maintain production.

We usually know something, but we have a meeting today for a project with no deliverables, no creative and a deadline. So we’re creating a spreadsheet with columns for previous campaigns, a column for this campaign with the deliverables and we’ll average what we spent on prior campaigns.

Every one will play it safe. But it goes back to the fact that I can’t know my photographer budget.

Lauranne Lospalluto/Heather Elder Represents

I work with a an art producer in LA who I’ve worked with quite a bit. When I send her numbers, she’ll frequently ask me to put in more money because historically the client is used to seeing similar projects come in around X and you submitted it lower than that she is going to be held to that number next time.  She wants to protect the budget so that there is room for changes etc. She’s trying not to handcuff herself.

Kate Stone Foss/Freelance Art Producer

If I can’t pad an estimate myself and have to present yours directly I add some extra cost because I know you’re going to bill actuals and it’s something I know we’ll need like an extra day of casting.

Suzee Barrabee//Goodby Silverstein & Partners

The Terms & Conditions from photographers allow for a 10% contingency. We don’t allow for any contingency so I make sure it’s in all our contracts.

It’s an old fashioned idea that there’s this 10% leeway, but there’s not. If the shoot goes over, I have to sign off.

CONVERSATION STARTER #10

Treatments: When requested and impact

How do you decide to request a treatment and are they still making a strong impact with the creative?

Jacqueline Fodor/Venables

I rarely get treatments for stills. By the time the creative call happens, the creative and the photographer have already started talking and are working from comp that my creative have created. But sometimes they send a mood board with the types of images they’re thinking about from their collection, the location and wardrobe to really enhance the vision. This is the direction we’re going so we’re all on the same page. But it doesn’t feel like this needs to get done before the initial bid.

Owen Bly/Freelance Art Producer

No treatments. If we’ve given you a comp, this is more or less what we want.

Jacqueline Fodor/Venables

For an Intel shoot, we were trying very much to sell the photographer and their lighting that really conveyed what we wanted for this shoot. I called the photographer and put together the best set of images to do this. It was about the creative really selling the photographer.

Marissa Serritella/Butler, Shine, Stern & Partners

I do not agree with asking photographers for treatments unless it becomes a major client request. I think that’s usually more of a broadcast thing—they’re getting more money and have more support on their end to help with it. AD’s and clients have gotten used to seeing it on the TV side and now expect it from photographers but I try to discourage it – it’s time consuming and unfair. Also, it backs them into a corner – if they ask a photographer to lay out a nearly flushed out idea, and they like the idea but don’t want to execute it with them in the end then they have to understand they can’t use the idea anymore (or risk getting sued by executing with someone else).

And, the client starts to take it all very literally and you end up with less creative freedom. It’s tricky. If it’s a big complex project I can maybe understand if it becomes needed but I try to make them understand these issues. I think a creative call can often answer what the AD’s need to know without having to do a full treatment. Maybe a simple email with some visual references if needed as a follow up, but in my opinion that should be it.

Heather Elder/Heather Elder Represents

Interesting, this isn’t our experience at all.  Maybe we need to work with you guys more!  We are being asked for treatments all the time.  We are hearing that creative teams, clients and account people are starting to expect them and when they don’t see them, wonder where they are?  They take A TON of a photographer’s time but I do notice that on jobs where we provide them our track record is pretty good.

 

And, as always, thank you  Allison McCreery of POP Blog for your flawless transcription and partnership on this project.

 

 

Welcome Back to the Community Table: Agents in Conversation with San Francisco Art Producers. The Main Course Part II

ChaseElderphoto 1-1_w1

For those of you just joining us, welcome to Community Table  SF– the latest series of blog posts sharing conversations held directly with our community leaders about top of mind industry issues. Community Table was formed from the collective efforts of Matt Nycz and Kate Chase of Brite Productions and Heather Elder and Lauranne Lospalluto of Heather Elder Represents with the idea that there is nothing more powerful in our industry than education.

 As a reminder, each Conversation Starter was directed to one person with a general discussion ensuing.  Not surprisingly, many of the answers were similar to those of our LA and NY colleagues.   Therefore, rather than sharing the entire conversation, we included the original question and then the quotes and notes that were most relevant.  Please note, often times the person leading the conversation spoke most often.

And with that, we welcome you back to the table.

Please note, there will be eight posts shared over the month of April.  Tune in every Tuesday and Thursday for the latest installments. Link here to read  The  Appetizer Part I,  The Appetizer Part II and The Main Course Part I.    To see our other Community Table posts from LA and NYC, please link here.

San Francisco Participating Art Producers

Owen Bly:                               Art Producer/Freelance

Kate Stone Foss:                     Art Producer/Freelance

Cameron Barnum:                   Art Producer/BBDO

Shayla Love:                            Art Producer/Razorfish

Suzee Barrabee:                       Art Producer/Goodby Silverstein & Partners

Dan Southwick:                       Art Producer/ Goodby Silverstein & Partners

Kristin Van Praag:                   Art Producer/Heat

Jacqueline Fodor:                    Art Producer/Venables, Bell & Partners  

Rebecca Lanthorne:                 Art Producer/Butler, Shine, Stern & Partners

Analisa Payne:                          Art Producer/Freelance

Justine Barnes:                        Art Producer/Duncan Channon

Marissa Serritella:                   Art Producer/Butler, Shine, Stern & Partners

 

CONVERSATION STARTER #8

Unlimited Use

Do you think that the Unlimited Use/Unlimited license is what clients are becoming accustomed to expecting?

Jacqueline Fodor/Venables, Bell & Partners 

Yes, they say they want ‘full ownership’ and I clarify that they want unlimited usage and you not copyright. I explain that they can’t have copyright, that they don’t need it. But it’s the perception. They just wan to be able to have it and use it forever. Then we have the conversation about whether they are really going to use it for everything or if it’s just going into their library.

Lauranne Lospalluto/Heather Elder Represents

What comes up is that clients don’t know exactly how they are going to use it. They just  don’t always know.

Heather Elder/Heather Elder Represents

Born from the idea that you just hand over a hard drive and you’ve got your thousand of images from the shoot so who wants to take the time to separate what they want from what they don’t want.

Kate Chase/Brite Productions

Did you read the Leslie Burns post about the photographer who took Sketcher’s to court? They had done so much post production to his image that they were claiming co-authorship.  What saved the photographer in court was that he had separated out usage and day rate. It was a reminder never to lump those together.

Jacqueline Fodor/Venables

If I lump it together, it’s harder to negotiate down the fees.

Heather Elder/Heather Elder Represents

When a project has a limited budget, we waive the day rate fee and do a line item for usage only. That way we protect the use fee in case there are additional usage needs later.  We will make sure to indicate what the day rate is in case there is a need to refer back to that later.

Marissa Serritella/Butler, Shine, Stern & Partners

In some ways I think more clients are asking for unlimited use and time – trying to stretch their dollars in these times. If they’re willing to pay a fair amount for the use it can be good, on our end anyway, so we don’t have to deal with reuse all the time (though I know photographers don’t really like that). On the other hand, some clients have been asking for a lot of options for very limited uses to see what they could afford to buy – that can often get tedious and hard to keep track of (and somewhat short sighted).

I haven’t negotiated transfer of copyright in about 10+ years.

Rebecca Lanthorne/Butler, Shine, Stern & Partners

We have never done a transfer of copyright. Even if they get unlimited use, most clients are fine with the photographer using it on their website so long as it’s exclusive and they’re not going to sell it to someone else.

I won’t release it until I know it’s in market and check with the accountant and the client to make sure the campaign is live and I can send it to the photographer. I can only send it when the campaign is live and out in the world.

I think unlimited usage is requested so often because we’re trying to leverage assets across a lot of mediums: print, TV, online. There are a lot of unanticipated uses that come up at the time that you’re coming up with the concept. So it’s easier to get unlimited use even if we put a time cap on it.

I’m not getting unlimited time, but unlimited use for a period of time. Some clients ask for unlimited time because who else is going to use MINI Cooper images? I explain to photographers that there is no way for them to profit off these images later on. It makes sense that they want all that use.

Lauranne Lospalluto/Heather Elder Represents

And the product gets out of date.

Rebecca Lanthorne/Butler, Shine, Stern & Partners

Yes, I tell them they want unlimited time, but we’ll be in touch next year. Everyone gets bored of everything.

Kate Chase/Brite Productions

Do you have conversations around unlimited use and time as something that has changed? Or is it defacto?

Rebecca Lanthorne/Butler, Shine, Stern & Partners

There’s more education when we get really specific with the usage. We encourage them to do a broader buy as well since they will probably use it somewhere else.

Cameron Barnum/BBDO

I feel very strongly that the licensing structure is becoming old fashioned. A holdover from before the internet age.   A question popped up here about clients using images on their Facebook pages. What do you do? Negotiate a different Facebook usage based on limited terms of duration?

Suzee Barrabee//Goodby Silverstein & Partners

No way you can regulate. Once it’s out there, it’s out there.

Cameron Barnum/BBDO

Keeping track of all of this and properly communicating to the client that something has expired five years down the road when the entire staff at the agency might have changed. Challenges for photographers and reps—is this model old fashioned?

Kristin Van Praag /Heat

I think what we’re talking about is worrying about every single usage. But usage based on time might still be valid. I think everything is content now.

ChaseElder_MG_6637_w1

Unknown

We don’t do a lot of print now. But when we did, it was easy to say so if you consider it all one pot of content. With video, there is no copyright. Only the talent get compensated when usage is extended.

I just worked with a photographer who shot video and a director who shot film. The photographer wanted twice as much in fees because they wanted usage. The director wanted $3,000 and the photographer wanted $25,000. So there was no way we could use our whole production budget for a fee that was kind of arbitrary and coming from the world of copyright. It ruined his chance of getting the job.

And at the same time it was interesting to see how the video world bills compared with the old-fashioned photography world.

Kate Chase/Brite Productions

With video, there is generally a big markup unlike with photography.

Unknown

I’m curious too. This is what we are experiencing. A markup is fine, especially if it’s just 10%.

Cameron Barnum/BBDO

It’s usually 20%.

Heather Elder/Heather Elder Represents

So when a photographer shoots video, you’re not expecting usage?

Kate Stone Foss/Freelance Art Producer

I’m curious too. This is what we are experiencing. We’re trying to limit time. We aren’t always able to do that, but it’s so new and we’re finding that some clients also seem to be open to it because it’s new to them.

Suzee Barrabee//Goodby Silverstein & Partners

You’re competing though against a director who is not expecting usage. But when they shoot stills, sometimes they are and sometimes they aren’t savvy about usage.

When CGI was new, some charged usage and others did not. Usage is tricky.

Heather Elder/Heather Elder Represents

Most of our usage requests lately are for unlimited usage but with a limited time cap.

Suzee Barrabee//Goodby Silverstein & Partners

If you’re using the image for something you are selling, like a poster, would you need the copyright? I think you can do this with unlimited use. Unlimited means something different to everyone.

Rebecca Lanthorne/Butler, Shine, Stern & Partners

I now list everything under ‘All Media.’

Suzee Barrabee//Goodby Silverstein & Partners

I never use a buyout. It means different things to different people and legally it means nothing.

Analisa Payne/Freelance Art Producer

Account people like to use it.

Rebecca Lanthorne/Butler, Shine, Stern & Partners

It could apply to talent. It’s work-for-hire for the director but it’s not like you don’t worry about usage after that because the SAG rules are complicated.

Suzee Barrabee//Goodby Silverstein & Partners

And the internet is very scary because you have to figure out where something goes and it’s worldwide.

CONVERSATION STARTER #9

Copyright: Requests to Transfer Copyright

How often are you negotiating transfer of copyright requests, more or less than 5 years ago?

Owen Bly/Freelance Art Producer

I don’t do it. Clients don’t really know the difference between this and unlimited usage. As long as they have access and can use it for a particular period of time they are fine.

Jacqueline Fodor/Venables, Bell & Partners 

I make sure to include that the photographer retains copyright and can use images for promotional purposes.

But what if my client, in addition to unlimited usage in perpetuity tries to limit their cost by asking for exclusivity within their category?

Heather Elder/Heather Elder Represents

If a photographer licenses their image for one year of unlimited usage, in theory the photographer could then sell the imagery if the client doesn’t license it. However, in our group, a lot of our photographers are not going to put it up on their site or sell it for stock.

You want to be cool about it. You don’t want to charge a client for something they’re not going to use. And I’m not trying to take money away from a photographer either. But at the same time, there is common courtesy.

But if you took 1,000 images and they’re all unlimited usage and time and ten of them are your selects, it seems like the photographer could take one or two others that don’t look like the ones the client is using and sell them for stock. In those cases, your client needs to protect themself and pay the upcharge.

Kate Chase/Brite Productions

When it comes to talent, the exclusivity really escalates things quickly.  You’re precluding their way of making a living and they’re going to charge you for that.

One of our European photographers has an embargo from one of his clients and he can’t show anything on his site or use them in any way until the campaign has run its course.

But I like the thought of the embargo covering this so you don’t have to count on common courtesy.

Owen Bly/Freelance Art Producer

Yes, common courtesy doesn’t really cover the client.

Jacqueline Fodor/Venables

But what about self-promotion? We’ve had only a few clients who have forbid this, but I got this up front.

Any estimate I write has this specified and the line is highlighted if they want to restrict this. But usually this hasn’t been a problem.

Heather Elder/Heather Elder Represents

If this is becoming a trend, which I’m seeing it is, it should be a line item with a fee for this restriction, for instance $10,000 to restrict self-promotion rights.

The jobs that we take that don’t have adequate budgets are because we are excited about them and want to use the images for self promotion. So if this is restricted, the photographer has no incentive to participate.

Marissa Serritella/Art Producer BSSP

I haven’t run into the issue of self promotion. I think it’s crazy for them to expect the photographer not to use it that way – as long as it doesn’t happen before the client’s ad runs. Not sure why else they would mind.

 

Please note, there will be eight posts shared over the month of April.  Tune in every Tuesday and Thursday for the latest installments. Link here to read  The  Appetizer Part I,  The Appetizer Part II and The Main Course Part I.    To see our other Community Table posts from LA and NYC, please link here. 

 

And, as always, thank you  Allison McCreery of POP Blog for your flawless transcription and partnership on this project.