Common
Cents
June 2003
by Mark Loundy |
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"Every
success is built on the ability to do better than good enough."
— Author Unknown
When is enough enough?
A lot of heat has been generated during the past couple of years about
whether the NPPA has done enough to support its freelance members. Everything
from accusations of the organization being "in bed" with publishers
to suggestions that the NPPA should become a formal union have crisscrossed
through cyberspace.
What the NPPA has done is on the record: They've amended
their bylaws to permit commentary on, and educational programs about,
business and labor issues. They've re-formed the Business Practices
Committee. They've offered a number of business sessions at their various
educational programs including the national convention, the Northern
Short Course and Flying Short Course, among others.
But
is it enough? Publishers continue to squeeze freelancers by demanding
broad rights or Work For Hire agreements in exchange for rates that
have not increased in decades or are actually decreasing. Schools continue
to churn out graduates who are well-versed in technical and ethical
matters but are lambs led to slaughter by one-sided contracts.
The times demand strong leadership and groups such
as the American Society of Journalists and Authors, Editorial Photographers
and others strain to fill the vacuum. But the preeminent organization
of photojournalists has uttered scarcely a whisper. Not nearly enough.
What should the NPPA do?
-
Use the amended bylaws and condemn in the strongest and clearest terms
one-sided, rights-grabbing business dealings.
- Raise the priority and resources of the Business
Practices Committee to address business issues as if the existence
of the industry were at stake. Because it is.
- Work with schools to create an effective and
streetwise business practices curriculum.
- Establish minimum contract standards that
will allow independent photographers to achieve profitability. Publish
a list of publications that meet those minimums. Will that be enough?
Perhaps not. But it'll be a good start.
The Good: Not a one this month.
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The Bad: Digital Photographer Magazine for its rights grab in
its reader-supplied "Digital Photo Gallery."
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The Ugly:
Good Housekeeping for sending a rights-grabbing contract
to a photographer three weeks after the shoot.
North Jersey Media Group makes the list again
for a flat refusal to consider any modification to their contract -
a true "take it or leave it" proposition. I say leave it.
Please let me
know of any particularly good, bad or ugly dealings that you have
had with clients recently. I will use the client's name, but I won't
use your name if you don't want me to. Anonymous submissions will not
be considered. Please include contact information for yourself and for
the client.
Leftovers
I had just finished my session on The Cost of Doing
Business at the Northern Short Course when a young lady came up to me.
She had a fulltime job in the financial industry but was just starting
out as a freelance photographer.
She said she wanted to do things right but was a bit discouraged by
what I had talked about during the session. I told her that since she
already had a job, she actually had an advantage. That doesn't mean
that she could afford to take bad deals and make up the difference with
her day job. But it did mean that she could afford to say no to bad
deals and go longer between assignments while she built up a well-paying
clientele.
I could see a lightbulb go on above her head. She looked up at me and
thanked me for giving her a different way of looking at her situation.
As I watched her leave the room and started to gather my things, I thought
that the whole trip was worth that one conversation.
AOL Time Warner ended free access to the websites
of some of their most popular magazines at the end of March. One of
their VPs was quoted as saying "If the content is really great, we should
be getting paid for it..." I guess he doesn't extend that same principle
to the primary creators of that content — their freelance contributors,
who are still faced with Work For Hire contracts.
The person who suggested that I start writing
this column is News Photographer Editor Jim Gordon. The issue of News
Photographer for which this was originally written was the last to be
published under his able stewardship. I thank him for the freedom to
write what I want. I wish Jim and his wife Joan all the best in their
retirement. Vaya con Dios, Gordo.
Connections:
American Society of Journalists and Authors
NPPA
Bylaws
Small
Business Administration
Advertising
Photographers of America Resource page
Editorial
Photographers Yahoo! Group
NPPA
Online Discussion Group Instructions
© Mark Loundy
www.loundy.org
mark@loundy.org
Mark Loundy is a visual journalist, writer
and media consultant based in San Jose, California.
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