Digital BW, The Print

I'm making this post to hopefully prevent other unsuspecting
photographers from enduring the same trouble. You'll find a concurrent
thread here http://tinyurl.com/z5py8. 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.

Michael Gordon
www.mgordonphotography.com

Michael,
 Spivack finally returned my portfolio after very  nasty  confrontations and 
many weeks.  He returned it by cheapest  delivery after I had sent $25 for 
return delivery (winged Mercury service?)  and $35 for submission fee.My bet is 
he uses our money to pay his  rent and is loathe to shell out the postage costs 
months later.  This scam cost me not only $60, but untold stress. I hope 
everyone who has  been screwed by him makes it public.
                               Arlene 


[Non-text portions of this message have been removed]

Hi Michael,

Is this the magazine that has a bit of poetry, a bit of photography, 
a bit of commentary, etc, etc?

Thanks

Jules

--- In DigitalBlackandWhiteThePrint@yahoogroups.com, "Michael Gordon" 
<michael_gordon@...> wrote:
>
> I'm making this post to hopefully prevent other unsuspecting
> photographers from enduring the same trouble. You'll find a 
concurrent
> thread here http://tinyurl.com/z5py8. 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.

> 
> Michael Gordon
> www.mgordonphotography.com
>