Many of the questions Ed was asked after the Santa Monica APA panel dealt with the photographer/rep relationship. Specifically the need for reps to be even more aware of effective business practices and Copyright law than the photographers or illustrators they represent. Photographers often rely on the skills and knowledge of their reps as an excuse to stay oblivious to using solid business practices.
Those of you who are familiar with some of my prior writings and seminars know that by and large it is our view that reps tend to be less knowledgeable about business issues than the creatives they represent. There are notable exceptions and many of them I am proud to say, are clients of this office.
There are actually reps who do an excellent job of policing their artists’ works and negotiating terms. Most reps however, have had no formal business training, engage in questionable practices and invent their own (typically inadequate) forms. Some are outright predatory but most of those who don’t know what they are doing, simply don’t know what they are doing.
It is up to both the creator and the rep to ensure that the other part of the team is employing appropriate business practices and registering all work on an on going basis. Both rep and creator are equally responsible for keeping up with the law, knowing industry practices, policing infringements and making sure that billings are maximized and losses minimized.
It is easy to blame your rep for a business screw up or infringement. It is harder and more effective to work as a team to prevent a calamity from occurring in the first place. Like a good football team, all members have to go to team meetings and review prior jobs – or as we like to say “perform autopsies”. Just like on CSI, an extensive review of a prior job will often reveal that which produced profit and those items which caused grief and money to fly out the window. Pricing future jobs based on the autopsy results of old ones, is an effective technique that like the Tango, “takes two”.
