The Focus Magazine thread

**Michael Gordon** · 13-Jul-2006, 15:57

I'm making this post to hopefully prevent other unsuspecting photographers from enduring the same trouble. You'll find a related LF Forum thread here. Please forgive the inclusion of trivial facts. I have included them because I expect David Spivak to refute my statements.

Shortly after making a submission to Focus in late April 2006, David Spivak left me an urgent voice mail asking me to call. We spoke on May 1, 2006, and he not only praised my work but stated how well I would fit into the next (at that time) issue, deadline soon approaching. He then proceeded to pitch his $1500 marketing package to me, and when I didn't bite on that, he tried to sell me on his online Focus Gallery. I didn't bite on that either, and suddenly Mr. Spivak no longer seemed interested in my photography or publishing it in his magazine. This concluded my call. He made no comment as to when my portfolio would be returned (for which I included $4.20 in Priority Mail postage).

I sent follow-up emails on May 9, May 26, June 7, and July 11 asking when he would return my portfolio. None of these emails bounced, and in fact, the June 7 and June 11 email recipients included EVERY email address listed on the Focus magazine website (info@, sales@, submissions@, feedback@, as well as dspivak@). Mr. Spivak nor ANY Focus agent has ever contacted me regarding these emails. On July 12, 2006 in the p.m. (PST), I left Mr. Spivak a voice mail on his personal cell phone (clearly indicated by his own voice and message). My call went unreturned, so I called again today, July 13, and got him on the phone at 1030am PST. He claims to have never received any of my emails, nor did he comment on my voice mail. He appeared cleverly ignorant to who I even was. I requested that my portfolio be sent back immediately, to which he said he would only happen at Focus Magazine's convenience (I guess there's never been a convenient time to return my work over the last eight+ weeks). Like others who have had similar dealings with him, I was treated rudely, disrespectfully, and hung up on.

I have given Mr. Spivak more than ample opportunity and patience to deal properly, responsibly, and respectfully with this matter. He neglected to do so, and that's why I am making this story public. My time has been disrespectfully wasted in attempting to communicate with Mr. Spivak and retrieve my portfolio. I fully expect that it and my $4.20 in return postage is a loss.

Unfortunately very similar stories are held by David Aschkenas http://tinyurl.com/gyhda and Arlene Love http://tinyurl.com/gg3rr, and who knows how many others that have not made this public. I urge fellow photographers to NOT SEND any prints or money to Focus Magazine.

**David Spivak-Focus Magazine** · 13-Jul-2006, 16:20

If Mr. Gordon would have read the website's html information (http://www.focusmag.info/html/submit.htm), he would have noticed that we ask 12-16 weeks for return shipping. There are times where we don't receive the proper images for an article and must bump it until the next issue at the last second, giving a photographer the opportunity to have his or her work published in the magazine free of charge. This is why we ask for extra time. Also, I am not only the art director, submissions director, sales manager...but I am also a publisher and a father. I cannot just drop everything I am doing for one person. If someone needs their photography returned immediately. Mr. Gordon also sent USPS material, in which we need to make a trip to the post office to mail. If Mr. Gordon would have sent UPS or FedEx, we would be able to make a call and have his work picked up within the day.

**David Spivak-Focus Magazine** · 13-Jul-2006, 16:22

Originally Posted by FocusMag

If Mr. Gordon would have read the website's html information (http://www.focusmag.info/html/submit.htm), he would have noticed that we ask 12-16 weeks for return shipping. There are times where we don't receive the proper images for an article and must bump it until the next issue at the last second, giving a photographer the opportunity to have his or her work published in the magazine free of charge. This is why we ask for extra time. Also, I am not only the art director, submissions director, sales manager...but I am also a publisher and a father. I cannot just drop everything I am doing for one person. If someone needs their photography returned immediately. Mr. Gordon also sent USPS material, in which we need to make a trip to the post office to mail. If Mr. Gordon would have sent UPS or FedEx, we would be able to make a call and have his work picked up within the day.

Also, if Mr. Gordon would pay attention to the magazine, he would have my e-mail address which is clearly stated in the magazine. The only working e-mail address is "submissions@focusmag.info" all other e-mail address go into a SPAM filter.

**Jorge Gasteazoro** · 13-Jul-2006, 16:52

Also, I am not only the art director, submissions director, sales manager...but I am also a publisher and a father. I cannot just drop everything I am doing for one person.

No only you can, but you should drop everything when you have someone who has waited for months for you.....your reputation preceeds you even now and your excuses are not helping....

**dtomasula** · 13-Jul-2006, 16:56

Taking a page out of the Steve Simmons school of magazine publishing I see. Not a very good sign I'm afraid.

It always amazes me how magazine publishers develop an attitude that they're doing the reader a favor by publishing their magazine, instead of the other way around. The people who buy the issues and read the thing should be a priority, not the publisher's busy schedule. If you are not willing to drop everything for one person at this stage of the game, maybe you're in the wrong business. When you get to the circulation of Time or Newsweek, then I can understand this attitude, but when you have a circulation of 12,500 copies, a little personal attention can go a long way.

**Michael Gordon** · 13-Jul-2006, 17:22

Mr. Spivak: I'll admit to my ignorance of your 12-16 week return shipping time, but you've yet to account for not answering four emails and a voice mail. And you must go to a post office to mail a drop-box approved mailer? If submissions@... and all others go into a SPAM account, this surely means that you're receiving a low enough volume of email to answer the emails I've also sent to dspivak@... Your ethics and method of response towards me and others are doing little to help the reputation of Focus and yourself.

So, I'll ask again, when are you returning my portfolio?

**David Spivak-Focus Magazine** · 13-Jul-2006, 17:31

Originally Posted by dtomasula

Taking a page out of the Steve Simmons school of magazine publishing I see. Not a very good sign I'm afraid.

It always amazes me how magazine publishers develop an attitude that they're doing the reader a favor by publishing their magazine, instead of the other way around. The people who buy the issues and read the thing should be a priority, not the publisher's busy schedule. If you are not willing to drop everything for one person at this stage of the game, maybe you're in the wrong business. When you get to the circulation of Time or Newsweek, then I can understand this attitude, but when you have a circulation of 12,500 copies, a little personal attention can go a long way.

I would never in a million years have an attitude such as "I'm holier than thou" it is in fact the photographers who have helped Focus grow from a magazine of 2500 to 15,000 (as of July/August 2006) in a little over a year. I would never pretend that Focus is better or worse than any other magazine on the market. I try my best to publish the best magazine that I can, and by the rate of sales on newsstands, new subscribers and submissions, we are growing faster than I could have ever imagined... however; I still cannot drop an entire day to head into Manhattan to go to the post office for one submission. Especially this time of year when we are preparing for Photo San Francisco. Mr. Gordon's work, if I recall was excellent and I would have loved for the opportunity to publish it. However; Mr. Gordon as other photographers do also, must understand that by exhibiting their work in the magazine, I am promoting their photography in which there is a high likelyhood they will either sell their work or pick up representation. In order to maintain the high quality standards Focus exhibits in each issue, we must get money to print and mail the magazines...this is, in fact an opportunity...a marketing and adveritinsg opportunity for the photographer in at least three issues to make money for themselves, get exposure and representation. In that light, if a photographer participates in the Photographer Marketing Program, we are helping each other. The Photographer helps me with advertising dollars so I can print the magazine, and I help the photographer by promoting their photos. Many photographers have made money hand over fist by selling to collectors. Some photographers haven't sold anything, but have picked up representation in books or galleries or other publications. Some may just gain exposure that will one day lead them to success. Either way, we are providing an advertising service for the photographer whose work deserves to shown to as many people as possible.

There are some photographers who are not ready to sell their work yet, which I understand completely. For that reason, I ask the photographer to give me at least 2-3 issue's time to see if I can fit their work in.

Please, do not mis-understand. I have no ego when it comes to Focus, I am doing all that I can to provide the best magazine out there that I hope can compete with the others. My time is extremely limited and instead of hiring assistants or other people to help me, I have funnelled all profits into expanding the magazine, printing color work, and expanding circulation and distribution into Europe and Asia.

**David Spivak-Focus Magazine** · 13-Jul-2006, 17:40

Originally Posted by Michael Gordon

Mr. Spivak: I'll admit to my ignorance of your 12-16 week return shipping time, but you've yet to account for not answering four emails and a voice mail. And you must go to a post office to mail a drop-box approved mailer? If submissions@... and all others go into a SPAM account, this surely means that you're receiving a low enough volume of email to answer the emails I've also sent to dspivak@... Your ethics and method of response towards me and others are doing little to help the reputation of Focus and yourself.

So, I'll ask again, when are you returning my portfolio?

Your E-Mails were never received until 6/7, which I admit I missed and it was received at submissions@focusmag.info. dspivak@focusmag.info does not exist, info@focumag.info, sales@focusmag.info and feedback@focusmag.info are SPAM filtered E-Mail addresses. My E-Mail address is david@focusmag.info. That is published everywhere inside of the magazine. Because I receive a high volume of E-Mails at submissions@focusmag.info, I missed your e-mail on 6/7. I received another e-mail from you at 7/11, however; the first two days of the week I have been busy with the renovations at the new office and transfering from one office to another and haven't even had a chance to read e-mail or check voice-mail until today...which answers your question about the voice-mail you left for the first time yesterday.

Your portfolio

You admit your portfolio was received 9 weeks ago, which puts you at within 3 weeks of receiving your portfolio back, which is when our Sept. issue will be going to print. Please do not think of this as a bad experience, it is my fault this return date was not made clear inside of the magazine...

What can I do to rectify the situation? It is impossible until the 25 of July to make it to my other office (storage office) and to the post office. If you would like to take this private, my e-mail address is david@focusmag.info

**David Spivak-Focus Magazine** · 13-Jul-2006, 17:44

Originally Posted by Jorge Gasteazoro

No only you can, but you should drop everything when you have someone who has waited for months for you.....your reputation preceeds you even now and your excuses are not helping....

I'm sure you've witnessed the problems Emulsion had with launching. I know first-hand how difficult it is to launch and run a magazine with a limited amount of staff. Please, try and start your own magazine and be responsible for all that I am and then tell me you can do what you ask of me.

I do not ask for sympathy, I ask for understanding.

**Robert A. Zeichner** · 13-Jul-2006, 18:13

I've spoken with Mr. Spivak on a few occassions and have sensed that he is a pretty busy person, but I can't say he was ever rude or discourteous to me. I have to believe the upcoming show in SF is only adding to the demand on his time. So far, David has done everything he has committed to do for me and while it is too soon to guage the effectiveness of exposure in Focus, judging from the comments and feedback I've had so far, it's not going to hurt. Magazines that are dedicated to promoting and fostering appreciation for what we do are too valuable a resource to shun.