Treatments

by Heather on March 27, 2008

I’m not sure what was in the air last fall but I had three different Art Directors at three different agencies asking me if it was OK to ask bidding photographers to provide a treatment along with their quote. While initially this mades me queasy in the plagiarism/intellectual property part of my stomach, I must admit, when we actually went this route on one particular job, I found it immensely interesting and enlightening to hear prospective photographers interpret the layout in their own visual language. I was able to see their creative process in action, how far they could take an idea, what kind of art direction skills they have and how they work with a client. What’s more, all four photographers brought well-articulated treatments to the table. All four were also all quite different from each other, in content and in presentation- each photographer approached the “treatment” assignment in their own way.

On the other hand, this also seems to set the scene for some questionable cross-fertilization. ie. I liked photog A’s approach but I liked photog B’s price so lets hire B and ask him to use A’s ideas.

I asked a few colleagues how they are dealing with this issue at their agencies:

Julia Menassa, Art Buyer at TBWA\Chiat\Day in New York says:

We requested treatments from photographers for In an Absolut World. I think that since it was an entirely new campaign, it made sense to get the photographer’s take on it. We also requested treatments for a technically challenging still life project that had never been done before. In both cases, the photographers were OK with providing them.

Sheri Radel, Integrated Senior Producer/Art Buyer at Crispin Porter + Bogusky:

That’s an interesting question…I feel like sometimes they are a good thing when you are talking about something highly conceptual where POV is so important…but it’s also dangerous in terms of legality when a photographer discloses his/her idea and then the agency decides not to do it and executes with someone else…I think it’s perfectly reasonable but just go into it with both eyes open I suppose.

And Marissa Eller, a Freelance Art Buyer in New York has this to say:

I have on a few ocassions had prospective photographers do treatments. I think that when the creative is very conecptual and can be approached in several directions, it is good to get the Photographers POV in writing.

Since you often have to triple bid shoots-it is a good tool to understand how the photographer approaches his creative solutions as well as to see what original ideas they can bring to the table. Often it will help you make your decsion in the end as it’s sometimes a hard choice. When you see how much thought and time a photographer gives, it can also be a good indication as to how much he wants to do the project and how much time he will put into it.

I was interested to get a rep’s take on this issue and it so happened that in a meeting with Mashad Aryafar, owner of SugarMama Productions in Toronto, she volunteered that she has started to offer treatments without request on larger jobs:

Sometimes, and only if we think that the project requires it, we do treatments with the estimates. I have no way of saying if they work or not and it’s really up to the photographers whether they want to put the time into it. I have heard from some art directors that they are interested in seeing the treatment when the idea calls for it as well as others who mention that they already know what they’re looking for and there’s no need for one.

We feel that when the idea is open to interpretations, it’s good to have the quoting photographer try to put his/her vision into words so that there are no surprises for the agency/client on the shoot day. It’s an investment of time that’s not always available and is more than what is asked of us. But the way I see it, let’s make sure everyone’s on the same page from the onset and not waste anybody’s time. I also think this works best for art directors who are advocates of collaboration.
The ideal outcome is that the AD likes your idea and runs with it. The risk you run by putting your vision forward is that it may not be what the AD wants and you may lose the job. It’s a gamble, and a personal choice.

One of Mahshad’s busiest photographers is Hasnain Dattu:

dattu2.jpg

1239_rob_slaight_fin.jpg

Hasnain recently did a treatment for this job (a bit of a departure from his usual style but regardless…). On the left is the original layout which shows the corn laid out in 2D fashion and on the right is the finished corn-jug which Hasnain had built by a prop-maker.

corn.jpg

In conversation with Hasnain about his thoughts on Treatments, he explained that for this job in particular, he did his research thoroughly and that was the basis for winning the award.

I talked through many different examples of corn and how it might look on the built model, the importance of shooting the jug from a heroic angle… that sort of thing. In this case, we were the most expensive bid but the AD saw that it would be worthwhile.

For a recent car shoot, I gave examples of what I like and justifications of why these elements were important for the shoot. If the job has a budget over $100K, it deserves a treatment- it’s a big production, it’s the agency’s reputation, it’s a big media buy.

The flip side is that I’ve spent 3 days, with an assistant, a rep and a producer all working on a treatment which means I’m spending $2000 – $3000 to only have the job awarded to me and then die.

So… Go ahead… What do you think? Are you willing to put in the time? Is it justified? Is this a case of the photographer being asked to do the AD’s job? No matter what you think, I’m willing to bet we’re going to see more of this request. But what of the photographer who is brillant at his craft but doesn’t have the skills necessary to put together a mood board or a well-articulated plan up front? Or, put another way, do I see a new career for myself…? Photography Treatment Writer…?

{ 18 comments… read them below or add one }

Noni March 27, 2008 at 2:28 pm

Pardon my ignorance: what is a treatment? Is it simply a verbal description, or is it some sort of image comps + verbal description?

You touched on the issue of hiring photographer A but using photographer B’s ideas. Woud you be comfortable doing that? Would you compensate B for the idea somehow? At least for the expenses involved? Interesting to see how this sticky situation might be resolved.

avs March 27, 2008 at 2:42 pm

maybe something akin to a non-disclosure agreement is needed to be signed by the ad agency.

Heather March 27, 2008 at 6:14 pm

In my experience, treatments are usually a mix of visual reference- sometimes called a mood board which might show the lighting approach, colour treatment, the angle, the expression of the model… that sort of thing. Sometimes photographers will do a quick test shot as an explanation of where they will go with the final shot. And usually there are a couple of paragraphs explaining how they would approach the job and what they feel is important for the job’s execution.

I have never heard of treatment compensation although sometimes we might allocate some money to a test shot but that usually has more to do with making sure the creative works rather than whether this particular photographer can handle the job. At this stage of the game in terms of treatments, I don’t think there is enough demand or expectation to necessitate spending a lot of time or money.

I think there is a lot to be said for the photographer (jobs where this is appropriate) sending some reference if he/she has it that helps elucidate what he/she plans to do with the shot. This just helps to ensure everyone is on the same page. Whether this happens before the job is awarded or after is where potential issues can arise.

And to answer your question about being comfortable with appropriating someone else’s ideas? No, I would not be comfortable with it and, in the past, I have been clear with an AD that it would not be kosher to proceed in such a manner and it hasn’t gotten to that point. However, the AB is not the only one making decisions in these regards.

Joseph Bayer March 27, 2008 at 6:29 pm

i have been asked for this on one occasion. honestly, it was pretty weird. the agency had narrowed the field down to three or four photographers, and the CD went to the AB and asked if each photographer would submit a PDF of how they might approach the job, and even additional ideas for shots and setups. they offered each photographer a small token fee to do this service, whether they ended up with the job or not.

i submitted a PDF with ideas in paragraph form, along with images of mine that might show the overall color palette, etc.

the weird part was that you never really knew if the CD was just fishing for ideas, maybe because the AD was so-so. to this day, i still don’t know.

i fought it for a long time, putting it off til the bitter end, and in the end, honestly, it was a half-hearted attempt. the job was SO loose that it made it difficult to even concept for — very very loose overall concept. that too made me more skeptical. maybe if i felt that the concept was well-defined in the agency’s mind, i might have felt better about these treatments. there was just part of me that thought, “they’d better not use my ideas, but hire someone else”. therefore, they got a half-hearted attempt by me. was that correct — i guess not, i did not get the job. i never saw the final published ads, and honestly didn’t want to. i already had a bad taste in my mouth.

fyi, this practice is commonplace in music videos too, except it might involve five or more directors submitting treatments. but with a music video, there’s no initial direction given by the record company, so it would be pretty apparent if somebody else was shooting your concept.

excellent post, heather. good topic.

Noni March 27, 2008 at 6:45 pm

Thank you for such a detailed response.

Bruce DeBoer March 28, 2008 at 5:19 am

Sounds like an agency pitch. Heather, in the worst case scenario written above, what would your agency do if they pitched an account, lost it to agency “B” only to see agency “B” use the ideas of your agency? Very similar, no?

Heather March 28, 2008 at 6:31 am

Yep- very similar.

However, when it comes to pitches, it is common practice for the client to agree to terms that prevent what you’re describing- it’s part of the Request for Proposal. Basically the client agrees not to use creative developed by a “losing” agency. As the colleague that I consulted about this said: “Doesn’t mean it doesn’t happen…”

As AVS notes above, maybe our part of the puzzle needs to adopt similar strategies- I’m not sure how this would go over in terms of new protocols etc. I’d love to hear from other Agency people on this…

Bruce DeBoer March 28, 2008 at 7:45 am

Heather,

First, this is probably the best post I’ve seen regarding agency / photographer interaction: Simply outstanding. Thank you.

Actually, I’ve done this a few time voluntarily, probably because of my agency AE years. I don’t do spec. work but when the price of a job gets into 6 figures I don’t think it’s unreasonable for the client / agency to expect some detail in approach, scope, style and mood. If an outside retoucher is involve I include their thoughts as well if possible. That little “Job Description” paragraph doesn’t cut it when dealing at that high a level with new relationships.

One problem that can arise is that the photographer – if asked to give heavy creative direction – doesn’t always have the benefit of the agency’s history with the client, their research, nor was he/her present during any previous creative pitches. Thus, it’s not all that rare to be off target if one isn’t careful to ask the right questions and the right documents.

My approach is also that the more serious the agency is about my work, the more serious I will be about the proposal [sounds simple]. That isn’t always easy to gauge as we all know. Thus, if the agency isn’t impressed with the proposal from one of the three or four (or how many) photographers that received the RFP, then a fair question might be to ask the agency if they were being sincere about it’s interest in that photographer and return asking for more detail. [just a thought]

Also – just like agencies – I’ll try to get a proposal fee when there is a RFP (or the creative equivalent) but if I can’t and I win the job, the agency can expect to cover the time and materials it took to make the proposal. Hey … ultimately – all creative fuzzies aside, it’s business right?

Am I sounding too “cold” on this? I’m not really that way – I’m in it because I love it.

ED McCulloch March 28, 2008 at 9:39 am

I recently did this. I love being involved in the creative process, so for me it was fun and yes I did get paid for my time.

Love the blog Heather-

Heather March 29, 2008 at 8:55 am

Wow- I’m surprised that some of you got compensation for treatments- that’s great. Thanks so much for your responses- it will continue to be an interesting area for development in our industry.

j q March 29, 2008 at 5:08 pm

I have a feeling that submitting treatments will become more common over time. and I don’t see anything wrong with it.
If the field is saturated with too many photographers who are technically proficient already, then clients will be looking for that something extra which will help justify hiring you.

it goes with any service industry, people can be willing to pay more if you give them something extra

legally it would be good to put in some safeguards regarding copying of treatment/ideas, but if an AD were to steal someone’s idea it would be quite obvious and won’t do any good for the agency’s reputation, which will hurt it in the long run. And anyway if you want to steal my idea and treatment, that’s fine. I may have wasted abit of time but I’ll still have alot more creative juice where that came from.

Eric Hamilton March 31, 2008 at 4:12 am

Honestly, I like the idea of being compensated for treatments. I’ve spend several days in the last year developing treatments for potential clients who never got back to me. I realize that’s part of the cost of doing business, but if I’m feeding people creative material, I’d like to be paid for it…

Leslie Burns-Dell'Acqua March 31, 2008 at 7:28 am

When I was a rep, we often packaged our estimates (always when it was more than a tiny job with an existing client) and I know that helped us get the project more often. However, I do think our (my) relationship with the AB/ADs involved help to ensure that the ideas would not get ripped off. In retrospect, today I would encourage every photographer to submit a treatment and “package” the estimate, but first submit some form of non-disclosure/non-use agreement for the agency/client to sign.
Also, while I’d love for photographers to get paid for the work involved in producing these complex estimates and treatments, I’m skeptical that it will happen with any regularity. Instead, photographers should make sure to build in these costs into their fees to make sure that, over the course of time, they aren’t losing money overall (CODB).
Keep up the great blog!

Hasnain Dattu March 31, 2008 at 10:48 am

I agree with Leslie as a package shows you are interested and more importantly organized enough to take on a big job.

nick turpin April 1, 2008 at 2:31 am

I would always prefer to discuss my ideas and approach with the AD on the phone, this gives both of us a sense of how the other is thinking, its not just the AD that needs to be able to work with the photographer, the photographer needs confidence in the AD and his vision. I shot last year for a NYC agency and knew from the first few minutes of the initial conference call that the AD was excellent, understood my work and that we were going to produce a great campaign together which turned out to be the case.
I have produced a detailed treatment for a campaign before only to have it regurgitated as the agencies own work at a PPM, they actually forgot that I had written it.

William Rothman April 1, 2008 at 7:42 am

@ 13 Leslie:

Honestly, I think it might be a little uncomfortable to submit this unsolicited treatment, and then hand the agency this non-disclosure form to sign, as you’re submitting the Estimate. I mean, if they didn’t even ask for a treatment in the beginning, why thrust this document for them to sign, which, invariably introduces a degree of “cover your ass” or worse, “distrust”? To me, it comes off like, “We’d love to work with you, but in the end, we don’t trust you”.

It’s one thing if the agency ASKED for a treatment, but to just make it your standard business practice to “package” this thing, along with a non-disclosure form, I honestly think it might introduce weird energy into the mix, and just at the stage of the game when you don’t want weird energy — before you’ve even gotten the job.

It reminds me of that Seth Resnick website — where you’d have to fill out a form, and submit a urine sample, have your IP address logged — before he’d even allow you to view his website. It just, to me, comes off as really paranoid, and not the proper message to say, “Hey, we want to work with you”.

Just one opinion.

Leslie Burns-Dell'Acqua April 1, 2008 at 1:35 pm

William @16
Whoops! No, I would not submit a form for them to sign with an unsolicited treatment–that is not what I meant though it certainly does read that way. I should have thought more before writing.

I meant that what I did was package estimates and that often included information about how the shoot would be produced, etc., and if one did that or, even more so, a complete treatment for an unknown client, upon request, I would ask for an agreement to be signed. I would ask that before starting work to put together the estimate, etc.

I still think that packaging estimates can be done without full treatments (just more info than only the numbers–info about why it will cost what it will cost) and thus without signed agreements. The difference is in the amount of creative information provided.

What photographers are often really selling today is their creative problem-solving ability–if they give that away without protection, then the situation is perilous. So, if you are asked to be a creative problem-solver for a project, then it makes sense to get a signed agreement preventing clients from taking your ideas and using a cheaper/different vendor for execution.

daphne April 3, 2008 at 6:29 pm

can someone show an example of an estimate package and/or a treatment? That would be very helpful!

Leave a Comment

{ 1 trackback }

Previous post:

Next post: