It's an amazing time to be a photographer! Now more than ever before, we are able to create stunning images using the latest equipment and then share those images with millions of people all around the world!
Unfortunately, as a professional photographer, the business side of things is getting a little bit trickier. I'm lucky to have been commissioned and published in magazines all over the world. I really enjoy shooting editorial content. It's usually lots of fun and creative.... and who doesn't like seeing their work in print or on magazine covers right?
Well yesterday I along with every one of their other freelance contributors received a proposed new contract from one of my magazine publishing clients. I've had a standard agreement with Bauer Media (formally Emap) for the last couple of years, and everything has been fine. Unfortunately, as it stands, I and a great many other freelancers feel unable to work for them again under this proposed new agreement, simply because I would be giving away all of my rights to my own images.
Unfortunately, as a professional photographer, the business side of things is getting a little bit trickier. I'm lucky to have been commissioned and published in magazines all over the world. I really enjoy shooting editorial content. It's usually lots of fun and creative.... and who doesn't like seeing their work in print or on magazine covers right?
Well yesterday I along with every one of their other freelance contributors received a proposed new contract from one of my magazine publishing clients. I've had a standard agreement with Bauer Media (formally Emap) for the last couple of years, and everything has been fine. Unfortunately, as it stands, I and a great many other freelancers feel unable to work for them again under this proposed new agreement, simply because I would be giving away all of my rights to my own images.
As a photographer, any photograph you take, is yours and yours alone under international copyright laws designed to protect your intellectual property rights. No one can use that image without your permission. If they do, especially for commercial purposes, they are in breach of your intellectual property rights and can be taken to court. When a client is paying a photographer for him/her to produce content for them, they're not just paying for their time, equipment and experience. They're also paying for the licence to use those images.
Whenever I quote for a job, I always specify what, where and how long the images can be used. This is because the images are mine, and if they wish to use them elsewhere, they can, but they need to pay extra. I'm not going to go into the ins and outs of usage fees and what to charge and how to bill. This book by John Harrington spells it out far better than I can and I can't recommend it enough!
So what are Bauer doing and why am I not happy with it? Here's the letter and contract I received in the post yesterday...
Whenever I quote for a job, I always specify what, where and how long the images can be used. This is because the images are mine, and if they wish to use them elsewhere, they can, but they need to pay extra. I'm not going to go into the ins and outs of usage fees and what to charge and how to bill. This book by John Harrington spells it out far better than I can and I can't recommend it enough!
So what are Bauer doing and why am I not happy with it? Here's the letter and contract I received in the post yesterday...
As you can see, due to the invention of the iPad, they think it's reasonable to take away all my image rights, be allowed to sell my images on to whoever they want for whatever purpose and for any price... and not pay me a penny extra! This isn't acceptable to me, nor to the vast majority of freelance photographers. I stumbled upon this breakdown of the agreement and why it's so bad...
http://copyrightaction.com/forum/bauers-bastard-contract
A quick scan of Google brings up several other articles...
http://www.londonfreelance.org/fl/1005grab.html
http://www.londonfreelance.org/fl/1003grab.html
http://europe.ifj.org/en/articles/efj-demands-end-to-anti-authors-rights-contracts-by-bauer-media-group
http://www.guardian.co.uk/media/2010/apr/19/bauer-freelance-contracts-row
http://www.londonfreelance.org/fl/1006grab.html
So how can Bauer justify the risk of losing all their most "potent and valued" contributors? I can only assume it's because there are great many people out there willing to give away all their rights for a small amount of fame from seeing their name in print. There are some awesome people out there who won't fully understand the repercussions of working under an agreement such as this, but that's their choice. I've made mine, and I know several others who have made a similar one.
Our image rights are important, don't just give them away!
http://copyrightaction.com/forum/bauers-bastard-contract
A quick scan of Google brings up several other articles...
http://www.londonfreelance.org/fl/1005grab.html
http://www.londonfreelance.org/fl/1003grab.html
http://europe.ifj.org/en/articles/efj-demands-end-to-anti-authors-rights-contracts-by-bauer-media-group
http://www.guardian.co.uk/media/2010/apr/19/bauer-freelance-contracts-row
http://www.londonfreelance.org/fl/1006grab.html
So how can Bauer justify the risk of losing all their most "potent and valued" contributors? I can only assume it's because there are great many people out there willing to give away all their rights for a small amount of fame from seeing their name in print. There are some awesome people out there who won't fully understand the repercussions of working under an agreement such as this, but that's their choice. I've made mine, and I know several others who have made a similar one.
Our image rights are important, don't just give them away!
8 comments:
takes the biscuit does this but it doesnt surprise me!
Until ameteurs and those that WANT to be paid to be a photographer, realise that they must charge something, this is going to be commonplace.
SO many fantastic opportunities are lost to me as clients are offered near enough free shoots! How can you compete? Its the suppliers and contributors that give their work away that we need to smack around the head and ask how do they expect to get paid in the future when the next lot of wannabes offer the world for a name in print?
I think you made an important statement since a lot of people get excited just for the fact that they're having a new opportunity on their hands and they dont read a single word of the contract but the "sign here" part.
So I agree with you when you say that we must protect what is ours because no one will.
Your full rights subsisting in any works produced by you are, potentially, your PENSION!
I guess publishers will eventually learn by these mistakes when they have no contributing photographers/writers providing content for them...
Time will tell.
Thanks Jason, I only hope this is the case!
This is a great post Jay, thanks for sharing the information. You've inspired me to write a follow up article about this.
You're right, as photographers we need to protect our copyrights. If we don't stand our ground and fight for what's right who else will?
The problem is, there are many photographers out there who are just looking for work and willing to give up their rights to pay their bills. Is this short sighted, yes. Will they realize down the road they made a mistake, most certainly. But it's hard to convey that message to someone who's trying to keep food on the table.
Unfortunately this is the way the world is going. Media is everywhere and companies realize if they want to stay in business they need to evolve and be everywhere too. Paying usage fees or full buyout fees just isn't in the budget anymore.
Photographers need to evolve too. They need to expand their creative vision not only behind the lens but in business as well. Building your brand and creating a name for yourself is how you're going to do it.
I use Chase Jarvis as an example all the time. He's a good photographer but an even better marketer. He's built a name for himself and a network of fans who are willing to promote him without even asking. Chase commands his fees because of the brand he's built. Sure maybe he won't get every job because he's more expensive than the next guy, but that's ok, there are obviously many other companies out there willing to pay for his work.
Build your brand and become a stellar photographer. Create a demand for your work and the money will follow.
And I'll bet Chase Jarvis still gets rights grabbing forms just like the rest of us! This is not a new issue. This has been going on in various forms for many years and pre-dates digital. I went out on strike as a staffer at IPC mags in the early 80s (Yep,I'm that old!) I have been an NUJ member since 1981 and if you work in magazines then you should be too. You will have a bigger voice and a more articulate voice. Blame cannot be laid at the door of amateurs either. It's all of us. Bauer, just like any large company looking to make money, is run by suits that see the bottom line and are seeking ways to make that look better. IPC and Future publishing are no different. But better Rights are available if you ask some pertinent questions. Usually the company will go in heavy-handed with the All Rights contract and the contributor is unaware that other , more acceptable, options are there hiding. I know IPC had about five tiers of rights contracts when they shoved an all rights form in my face. If you don't ask you won't get. If you can't get perhaps it;s time to walk away from that client?
Im an amateur, and fortunately Ive never been guilty of giving away images because I work for a newspaper in the advertising department and know the value of photos, plus my wife is a press photographer so I guess Im lucky to have a better insight.
I can see its totally tempting for an amateur to sell an image without considering the future value of their image. Digital has spawned lots of potential pro photographers, Ive seen some amazing and creative images and excellent post work that would rival many pros, but the one thing thats often missing is an understaning of copyright and the business end of a working photographer. The result is to sell at a low cost because they dont understand the true value or underestimate their own work.
Theres tons of workshops on taking photos, but Ive not seen many on business practice and understanding rights etc.
Id go on one if there was one near me though!
I love photography and the buzz you get when you know youve taken a great shot, but I dont have a scooby about how to charge for it, and when you look closer at pro charges they differ so much its untrue. Its a real minefield.
I guess what Im saying is that us amatuers need to be educated on the business end somehow.
It's not that hard to find that information Sean. Take a look at the AOP site for starters. The hardest part is taking the plunge....
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