Business

Fair Use Explained

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• Posted by: Andrew Kamin
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• February 13, 2010
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National Public Radio’s Saturday Edition show broadcast a story examining the fine line between Fair Use and flat out copyright infringement.   The five minute report by Joel Rose can be heard here.

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Art & Copy – A Film By Doug Pray

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• Posted by: Andrew Kamin
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• November 2, 2009
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Art & Copy is a powerful new film about advertising and inspiration. The creative is directed by Doug Pray (SURFWISE, SCRATCH, HYPE!) and explores some of the most influential advertising creatives of our time such as George Lois, Mary Wells, Dan Wieden, Lee Clow and Hal Riney. 

“What’s different and perhaps surprising about this movie, is that it isn’t about bad advertising, that 98% which so often annoys and disrespects its audience. I didn’t want to make a doc that just trashes trashy advertising. Too easy, too obvious, and why bother? Instead, granted access to a handful of the greatest advertising minds of the last fifty years, I felt it could be a more powerful statement to focus the film only on those rare few who actually moved and inspired our culture with their work. And that higher standard made me want to make a film that reflected the same kind of disciplined artistic approach that my subjects used.” – Doug Pray

Art & Copy is currently viewing at the Oak Street Cinema in Minneapolis on Thursday, November 5th at 7pm. It will also be coming soon to the St. Anthony Main Theatre in Minneapolis although they do not specify when on their web page.

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You Can Call Me Dad

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• Posted by: Andrew Kamin
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• September 1, 2009
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I’ve suspended my blogging in favor of carving out as much time as possible with my wife and new born son. Miles Nesta was born April 1st and since his arrival – as all parents will confirm – it has become a bit more challenging to keep all of the balls in the air. The HMP blog has not been updated as regularly as I would have liked especially as so much killer content awaits publishing.

For the patient among you, I’ll soon be releasing an additional installment of my interview with Kat Dalager as well as publishing a brand new series of interviews that I conducted with Mark Pakulski – the senior art buyer at  Olson. In the coming weeks, I’ll also be launching an exciting new product that I’m confident will be well received by both still and video shooters alike. Thanks for your patience. It is great to be back….and as a dad.

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Understanding Sequential Liability

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• Posted by: Andrew Kamin
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• March 19, 2009
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It has been widely reported that Omnicom, the worlds largest advertising agency holding company, has modified its terms and conditions putting into effect what is known as Sequential Liability. Under the terms of the new contracts, ad agencies will no longer assume liability for a project if a client doesn’t pay. Some agency contracts may not overtly refer to Sequential Liability as being in effect, but do refer to the agency as “acting as agent for” (the advertiser), which suggests the same thing. In either case, this could force a photographer to eat the cost of an ad shoot if a troubled advertiser (General Motors for example)  fails to pay an ad agency.

The AICP (Association of Amercian Producers) recommends in cases where the agency is requesting the recognition of a “principal-agent” that the client (principal) should not be released from the obligation of payment until total payment is made to the production company. It should be clarified that even if the client pays the agency, the client remains liable if the agent defaults in fulfilling the payment obligation.

Furthermore, ASMP (American Society of Media Photographers) has recommended to it’s membership 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.

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