Archive for the ‘LPA/’ Category

Ask an Agent / Halloween Special with Guest Blogger ‘Super Lawyer’ Charles Swan

October 31, 2014

Ask an Agent is a regular monthly column tackling all your dilemmas about the photography industry – the photography industry’s very own Agony Aunt!

This month we bring you an Ask an Agent Halloween special. Lisa invites lawyer supremo Charles Swan, from leading media and creative law firm Swan Turton, to advise on trademarks in Halloween masks.

Charlie Informal No 2

Charles Swan from Swan Turton

Dear Ask an Agent,

I’ve been asked to use Halloween masks in a shoot for a new soft drink and I’m just wondering if there might be any potential issues with trademarks and copyrights? For example what if I featured Frankenstein or Dracula? And whose responsibility would this be, the advertising agency’s or mine as the photographer?

Robbie Brown

Thanks for your question Robbie, I believe there could be some issues with particular masks whose characters might have trademarks. I remember being asked to produce a shoot featuring Batman once and indemnify the client against any third party claims. I was heavily advised by a lawyer not to do so, as the trademark for Batman is owned by the Walt Disney Company/Marvel Entertainment and associating Batman with another brand could be seen as falsely claiming that a brand is endorsing another brand.

In terms of whose responsibility this is, it needs to be made clear from the onset in writing. We incorporate in our terms and conditions the following clause to cover us just in case.

INDEMNITY. The Photographer and LPA shall only be responsible for obtaining clearance in respect of third party copyright works, trademarks, designs or other intellectual property if this has been expressly agreed in writing before the shoot. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify the Photographer and LPA against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

And we also have a paragraph on the front of all our estimates and invoices headed ‘Important Information’ to reaffirm points like this for those clients that don’t read the ‘small print’

However, it shouldn’t simply be a case of passing the buck. As a professional photographer you should be aware of the potential hazards of shoot production and at least flag up the fact that there might be an issue to your client before they land themselves in trouble.

Anyway, I’m not a lawyer and sometimes it’s worth consulting one. So I asked Charlie Swan, one of the country’s top media lawyers and partner at Swan Turton, to shed a bit more light on the matter. Here’s what he had to say…

‘Although Frankenstein and Dracula are characters from out of copyright (public domain) novels, there is artistic copyright in specific versions of their appearance created for movies, comics etc. There might also be registered trade marks and using particular masks in a soft drink ad could indeed provoke a passing off (false endorsement) claim by the rights owner.

The key here is to make sure you warn your client, in writing, of the possible risk and get your client’s confirmation, again in writing, that they will be responsible for any necessary third party clearances. Most photographers’ terms and conditions will include an indemnity similar to your clause, but you should still put this in writing – to avoid arguments further down the line about who said what.

One thing you must avoid doing is saying anything to your client that might be construed as legal advice. It’s the agency’s job, not yours, to get legal advice about potentially risky elements of advertising photographs. If a client asks you whether something like a mask or a building or a designer sofa is ok to include in a shot, you should explain to them that they need to get their own advice. Otherwise, if a claim does materialise, the client may try to pass liability on to you. When the sh** hits the fan, everyone in the room tries to hide behind the next person!’

foto1057© Oliver Haupt. For illustration purposes only.

Charles Swan is a partner at Swan Turton LLP, his clients include leading advertising, marketing and design agencies, advertisers, trade associations, image libraries, photographers, agents, publishers and artists. Charles heads the firm’s Advertising & Marketing and Photography & Visual Arts Groups. He is rated by Thomson Reuter as a UK Super Lawyer and by Chambers & Partners as a Band 1 Advertising & Marketing lawyer, is Honorary President of Adlaw International, a member of the Advertising Lawyers Group and is a director of the Association of Photographers.

Whether you’re a creative director or a student, a photographer or a designer, an art buyer or an assistant, if you have any questions you’d like to ask a photographers agent please send them to askanagent@lisapritchard.com.

Please Note:

We reserve the right not to enter into ongoing correspondence.

We reserve the right not to answer all questions.

Please state whether you would like to remain anonymous.

This advice should be taken as a guide only.

Lisa Pritchard, LPA and guest bloggers take no responsibility for any omissions or errors.

Please seek professional legal advice should you require it.

LPA Style / Alice Timms / Beards

October 23, 2014

LPA Style’s Alice Timms recently collaborated with Julia Fullerton-Batten (represented by Wyatt Clarke & Jones) on this fabulously creative project featuring some very bearded men! 

Using overgrown and unkempt greenhouses as a background, Alice was able to let her creativity go wild on this one, sourcing the rugged wardrobe pieces to work beautifully with the beard adornments. Great partnership as always between these two!

Ash_Perrin
© Julia Fullerton-Batten

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© Julia Fullerton-Batten

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© Julia Fullerton-Batten

(more…)

LPA Student Challenges / 2014-2015

October 22, 2014

Blog Soft Launch

Culture Corner / What’s On / October

October 17, 2014

Culture Corner is back!  As much as we’re hating this autumnal drizzle, the turn of season is accompanied by lots of great exhibitions to draw us inside.  Here is our guide to the best of London culture for you to explore this month…

Photomonth
Lisa: ‘I’m really looking forward to visiting some of the exciting photography that is going to be showcased as part of Photomonth throughout October and November.  Running since 2001, it is now recognised as a major event on the photography calendar and is particularly successful in it’s open call for entries which allows emerging photographers to sit alongside the more established.  There will be a huge range of exhibitions from over 300 photographers ranging from established galleries like the Barbican to non-profit organisations such as Street Angels at the Amnesty International Human Rights Action Centre.  I’ll be stopping by the London Independent Photography Symposium on 18th October, where former Futures photographer Laura Pannack will be talking about the importance of instinct in photography.’

East End Archive_Don_McCullin_Whitechapel_circa 1984© Don McCullin
Whitechapel circa 1884
East End Archive

Constructing Worlds: Photography and Architecture in the Modern Age
Sam: ‘Recently opened at the Barbican, Constructing Worlds is the first major London exhibition exploring the symbiotic relationship between photography and architecture. The show’s curators – Elias Redstone and Alona Pardo – present the genre as a fine art practice, looking beyond functional form and highlighting the truths presented about wider society. Encompassing a wide range of approaches and subjects, the show opens fittingly with works from Berenice Abbott’s Changing New York, which reveal something of the progressive ideology of the time. One of the most interesting things about the exhibition is how the gallery environment has been designed to respond to and compliment the content – definitely one to experience first hand!’

542a1abdc07a809a0e000268_constructing-worlds-photography-and-architecture-in-the-modern-age-_14-_julius_shulman__case_study_house__22__pierre_koenig__1-800x1000

© Julius Shulman
Case Study House #22, 1960 (Architect: Pierre Koenig)
© J. Paul Getty Trust. Used with permission. Julius Shulman Photography Archive, Research Library at the Getty Research Institute (2004.R.10)

The EY Exhibition: Late Turner – Painting Set Free
Cassie: ‘I’m looking forward to visiting J. M. W. Turner’s works of art in The EY Exhibition: Late Turner – Painting Set Free at the Tate Britain. Turner was fascinated by the powers of nature and transferred this passion onto canvas, inventing new techniques to make skies and clouds look luminous and expressive. I find that although the paintings embody drama, movement and passion, the use of colour and style is glorious. I’m looking forward to seeing Bamburgh Castle, Northumberland c.1837. in particular which reminds me of many family holidays on the North East coast.’

Glen Ligon: Call and Response
Tom: ‘Recently opened at Camden Arts Centre, Glen Ligon: Call and Response, looks to be a fascinating insight on issues of race, violence and sexuality in contemporary America. Using the Harlem Race Riot as a point of departure, the exhibition features a variety of pieces including paintings and neons, as well as a multi-channel video installation featuring the legendary comedian Richard Pryor. Make sure you check out the Jewish Community Centre while you’re in the area.’

Glenn_Ligon_Camden_Arts_©Valerie_Bennett_2014_22

© Glen Ligon
Untitled (Bruise/Blues) (2014)
Neon and paint
Courtesy the artist, Thomas Dane Gallery, London, Luhring Augustine, New York and Regen Projects, Los Angeles

Speed The Plow
Jonathon: ‘I can’t wait to see Speed-the-Plow at the Playhouse Theatre with Lindsay Lohan. Ever since watching her early works such as Freaky Friday and The Parent Trap to her iconic work of the 2000s such as Mean Girls, I’ve followed Lindsay’s career avidly. Taking a look at the ups and downs of Hollywood (which I’m sure LiLo knows well!), Speed-the-Plow looks to be a rip roaring West End romp.’

LPA Presentation / Bulletproof

October 16, 2014

Yesterday the LPA team were invited to the fantastic HQ of branding, packaging and communications agency Bulletproof as a part of their Inspiration Festival. 

We talked the creatives through the work of our Photographers, Futures and Style team and allowed time for them to peruse the portfolios, which everyone loved.  The delicious cupcakes and brownies made by our favourite bakery Yolk went down a storm too!

If you would like us to present our roster and folios at your agency with breakfast, afternoon tea or nibbles then do get in touch.

hello@lisapritchard.com

photo 1

photo 2

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LPA Futures / Oliver Haupt / Fight Zone London

October 14, 2014

LPA Futures Oliver Haupt has been expanding on his impressive portfolio of sports photography with this recent shoot at Fight Zone London.

A specialist in combat sports including Muay Thai, boxing, wrestling and Brazilian Jiu Jitsu, the East London venue certainly lives up to his name. Oliver spent time shooting some rather impressive athletes in his characteristic dark and high contrast style which adds even more tension to the images. A master in post-production, Oliver’s images are all lovingly retouched to produce some truly spectacular work.

Oliver-Haupt-London-FIGHTZONE-5-web
© Oliver Haupt

Oliver-Haupt-London-FIGHTZONE-10-web
© Oliver Haupt

Oliver-Haupt-London-FIGHTZONE-38-web
© Oliver Haupt

Oliver-Haupt-London-FIGHTZONE-3-web
© Oliver Haupt

Oliver-Haupt-London-FIGHTZONE-25-web
© Oliver Haupt

Oliver-Haupt-London-FIGHTZONE-2-web
© Oliver Haupt

LPA Futures / Holly Pickering / Studio Crême / Chez Antoinette

October 9, 2014

LPA Futures Holly Pickering was recently commissioned by Studio Crême to shoot some beautiful interiors and delicious food for Chez Antoniette.

Recently opened in Covent Garden, Chez Antoinette serve all manner of French treats, specialising in delectable tartines (open sandwiches). Holly brought her sensitive and creative approach to the project, shooting some lovely aerial shots and capturing the Parisian decor in all its glory. We will be definitely heading down to try some of this French fare!

ANTOINETTE-18
© Holly Pickering

ANTOINETTE-3
© Holly Pickering

ANTOINETTEINTERIOR-3
© Holly Pickering

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LPA Photographers / Nick David / Addison Group / Perfetti van Melle

October 7, 2014

While you might not have heard of Perfetti van Melle, you’ll definitely recognise their range of products which include Chupa Chups, Fruittella, Mentos and Smint.

LPA Photographer Nick David was recently commissioned by Addison Group to shoot some fun and playful lifestyle imagery for the multi-national confectionary company. Shot at a beautiful location house in East Finchley, Nick worked with LPA Style’s Charlie Cave and Claire Portman for an all-round team effort. We love Nick’s natural style and his real talent at capturing kids being kids.

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© Nick David

10_LIFE_LARGE_02
© Nick David

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© Nick David

(more…)

New Office / Temporary Number

October 6, 2014

We were all very excited to let you know that from today we have a stunning new office in an expansive deconsecrated church in leafy Camden.

However while we are here and settling in, BT have certainly put every hurdle in our way to get a phone number in place! We will have a new line in a couple of weeks or so, though with BT you never know… In the meantime if you could please use our temporary number to get in touch with us +44 (0) 20 7267 4913.

Apologies for any inconveniences caused – blame BT!

PHONE

The Brief / Skoda / Key Parker / Julian Calverley

October 1, 2014

The Brief is a quarterly feature on the LPA blog which takes a behind the scenes look at a photoshoot.

THE BRIEF

Photographer: Julian Calverley

Client: Skoda

Agency: Key Parker

Senior Account Manager: André Stewart

Creative Director: Al Delgado

Production: LPA Production

Stylist: Charlie Cave (LPA Style)

HMU: Claire Portman & Victoria Poland (LPA Style)

Shoot dates: June 2014

Usage: Skoda brochure, 1 year, UK

For this month’s edition of The Brief we chose a shoot Julian Calverley has recently worked on for the Skoda accessories brochure, through Key Parker.  Julian had shot the images for the previous brochure, so the client knew his distinctively stylised, cinematic aesthetic would work perfectly a second time around.  It’s always great when we get briefs through from repeat clients; so we were excited to get cracking on this production from the word go!

Below are some of Julian’s final shots from back in 2012:

SKODA_ACCEORIES_DAY_2-332_RGB

© Julian Calverley / Key Parker / Skoda

SKODA_ACCESSORIES_DAY_1-199_RGB

© Julian Calverley / Key Parker / Skoda

The Brief:

The original brief was for a 3-day shoot to update the photography in the Skoda accessories brochure, which is used to promote the “thoughtful extras designed for the way you live your life and drive your Skoda”.  The brief called for one set up per day, each depicting a different scenario in which the Skoda accessories range can make life that little bit easier.

The client called on Julian’s powerful, enhanced style of photography to ensure that the brochure would be far from your run of the mill automotive advertising.  His intensely detailed approach lends itself perfectly to this brief, which required the car to sit in the background of each lifestyle set up whilst still ultimately being the focal point the shoot.

The client had provided us with some scamps, detailing each planned scenario:

Day 1:

Subject: A young boy, aged 9 or 10

Scenario: A family day out to the seaside. Mum and dad are relaxing on deck chairs on a quintessentially British beach, whilst their son and daughter enjoy an ice cream/lolly which they have managed to smear around their mouths and drip down their hands. The son is in the foreground, looking to camera, whilst his younger sister, being camera shy and a bit cheeky, is possibly peeking out from behind a large sand castle they have built.

Vehicle: The family’s Rapid Spaceback is parked incidentally in the scene along a raised promenade in the background.

Screen Shot 2014-09-24 at 14.18.37

Day 2:

Subject – Male business executive, aged 40-55

Scenario – Our subject is grabbing a bite to eat for lunch in an organic sandwich bar/deli. He is seated at a table in the foreground, drinking a cup of coffee, and is catching up with a bit of remote working, surrounded by his iPad, smartphone and newspaper. The food and produce on sale in the shop, (eg artisan breads, jars of olives, chutneys, etc), is displayed behind him on tables and shelves. We are looking back through the deli, out to the street.

Vehicle: The businessman’s Octavia vRS is parked over the road.

Screen Shot 2014-09-25 at 10.46.35Day 3:

Subject: A group of 3 young friends, aged 20-25

Scenario: Our fashionable friends are seen leaving a trendy, Art Deco-type cinema in the heart of London. The photograph is shot at night to capture the buzz and atmosphere of the street scene, with a queue of people milling around the entrance. The subject is in the foreground, standing next to her car, whilst her friends are chatting and laughing crossing the road towards her to get their lift home or to move on to their next venue.

Vehicle: the girl’s Citigo is parked on the nearside kerb.

Screen Shot 2014-09-25 at 16.16.54

Upon receiving the brief LPA Production set about preparing the costs and production schedule, and sorting the logistics.  In this case the client organised the talent, locations and permits, shoot vehicles and catering themselves.

The Estimate:

We included:

Photographer’s fees and expenses:

-       Shoot fees to reflect the usage and for 3x shoot days

-       Recce fee

-       Photographic expenses – digi-capture, post production and equipment & lighting

Crew:

-       1st Assistant

-       Stylist/ Prop Buyer, (including prep, shoot and returns days plus expenses for wardrobe)

-       Stylist Assistant

-       Hair & make-up Artist

Misc:

-       Transport expenses for all crew

-       Insurance, telephone, couriers etc.

The Preproduction

Once we had received a PO approving the costs, we began on the production.  Our ‘to do’ list looked something like this…

1) Get advance of shoot expenses
2) Confirm dates with Julian and the client.
3) Confirm and brief crew.
4) Confirm wardrobe and props brief plus sizes of ‘models’ from Key Parker for the stylist

5) Prepare call sheets and send to everyone.

Styling:

Wardrobe and prop styling was paramount on this shoot to make each shot clear, convincing and relatable.  LPA Style’s talented Charlie Cave did an amazing job – we particularly love her use of bold clothing and props to compliment the details in each scenario.

We also brought in LPA Style’s Claire Portman and Victoria Poland to provide hair and make-up, with Claire working on scenarios 1 and 3 and Victoria working on scenario 2.

Claire said:

“We had a sunny afternoon shooting by the seaside and then an evening shoot at the Rio cinema. Both days required a very natural hair and makeup look from me as the brief called for ‘real’ people. It was a pleasure to work with Julian for the first time and great to work with Charlie as always.”

The Shoot

“My first thought when I got this brief was that it was a really bold thing for a car company to do.  I have worked with cars a lot throughout my career so I found it incredibly interesting that they wanted to focus more on the characters than the car itself.  This, I thought, was a great concept because it engages the viewer on a personal level and also stands out simply because it’s not your typical car shoot.  In this sense it was great for both Skoda and Key Parker to have faith in me to do something a little different. 

With this kind of shoot you really have to be able to think on your feet because you have no idea what could happen on the day!  We were lucky to have a great team on board – from Al and Steve at Key Parker to Charlie, Victoria and Claire from LPA Style – ensuring everything ran smoothly on set.  The set up with the young boy at the beach was quite tricky to achieve but he was a star and very patient – it probably helped that there was a constant supply of ice cream though!”

Julian Calverley

Here are the final shots for the brochure:

SKODA_ACCESSORIES_BEACH_Main_v2_RGB

© Julian Calverley / Key Parker / Skoda

SKODA_ACCESSORIES_DELI_Main_v2_RGB

© Julian Calverley / Key Parker / Skoda

SKODA_ACCESSORIES_CINEMA_Main_RGB

© Julian Calverley / Key Parker / Skoda

Photoshoot Glossary

Advance: It is wise to obtain an advance of funds to pay for crew and expenses of shoot that you may need to hire.

Call Sheet: A document detailing all the important details on a shoot: where, when, who, plus contact numbers.

Digi-capture: The process of taking the photos on a photoshoot, capturing the images with a digital camera.

PO: A Purchase Order. A legally binding document from client to supplier detailing the exact services required, authorising costs and detailing all terms and conditions.

Post–production: Digital manipulation of the images after they have been taken.

Prep: (in this case with regards to the styling) Initial preparation for a shoot, e.g preparing moodboards, online research.

Pre-production: The production which takes place before a shoot happens, to make sure everything runs smoothly on the day.

Recce: Visiting potential locations before the shoot to choose the most appropriate.

Returns: When a stylist returns the options of clothes and props which are not used on a photoshoot.

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Ask an Agent is a regular monthly column tackling all your dilemmas about the photography ...
31 Oct 2014