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Key words in this issue: Creative Freedom | Start Young | Newspaper Copyright | Freelance Setback | Online Pressroom | Contests | Digital Conference | Online Photo Editor |

NEWSWORDS: Hackwell’s View | Tikopia | Worker Encouragement | Back to School | Art & Commerce | Coast Photography | Polio |

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## PhotoAIM weekly newsletter for 01/03/03 ## 388a

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PhotoAIM, the weekly newsletter from PhotoSource

ISSN 1530-0511

If you no longer wish to receive PhotoAIM, see the instructions at the end of this newsletter.

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Photojournalism . . . . . What's the solution ?

THE LAST BASTION OF CREATIVE FREEDOM

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If you have ventured into that division of editorial photography known as photojournalism, you know that it is a nobel adventure. Not only do you enjoy travel and get paid for it, but you are permitted a passport into the lives of others, not only in your own country, but around the world.

What profession could be more exciting and rewarding?

But there are roadblocks. Because you represent an investigative factor, you are not always welcomed - especially by political, social, military, and governmental elements that would rather not expose their own shortcomings.

So, you find yourself in a battle between your passion to tell the story and get it right, and the deterrents that would prevent you from "trespassing" into their domain.

There are also detours. If you are good at your profession, you'll be offered incentives that entice you to give up your initial interest in photojournalism and turn your talents to more commercial areas for greater income and social status, areas like public relations, advertising photography, corporate assignments, etc.

You are not alone. A talented musician can be tempted to turn to producing elevator music, a talented composer to TV show themes, a talented writer to Hollywood screenplays, an established actor to performing in TV commercials.

The difference in pay scale can be tempting. In photojournalism, unless you are a well-known photographer with many credits, remuneration for your work is not much higher than for basic labor positions (sometimes lower!).

PAY REDUCTION

Add to the financial challenges, the fact that like any business, the publishing world is always trying to reduce expense. Often their first target is freelancers and staff photographers. A current attempt is being made in Germany (Frankfurt) to reduce the employee classification of a photojournalist from editorial worker to clerical worker. If they are successful, the pay scale of photographers would be lowered to be on a par with clerical workers, not editorial employees.

It would seem organizing into a union of members would be the answer for the photographers. It isn't. Freelancers by their very nature are independent people and are resistant to 'organizing.' Creativity can't be organized. As an observer of freelancers over the years, I've seen attempts to unionize freelancers come along, sputter, and disappear.

A contemporary approach to organizing freelancers into a union is to hook up with an existing union as an affiliate. For example, affiliating with the United Automobile Workers (UAW) and through them with the AFL-CIO. If we were to classify freelancers as craftsmen, or clerical workers, I would agree this might be the answer. But could you imagine a poet or painter joining a union?

We all know that unions are a two-sided sword. You might receive higher fees on one hand, but you have to accept constraints and regulations regards your work, and who you work for, as decreed by the union, on the other.

In just about every survey made of workers, not only freelancers, but everyday service personnel, the reward that workers consider the most important is not salary but recognition of their contribution to their chosen career. For a person who has a passion for photojournalism, the carrot of higher pay is not going to outweigh the gratification and self-esteem the photographer realizes from her/his profession.

A SOLUTION

Do photojournalists need charity? Should they receive grants or subsidies like farmers? Again no. It would only make them beholden to some government party line.

Is there an answer for this dilemma? Yes. And it's been played out for centuries.

Demand for creative talent will never subside. Your experience and knowledge will be rewarded if you stick with your profession. There will always be challengers for your job: amateurs, other photographers, your family's financial needs, etc. But if wild horses can't pull you away from photojournalism, you will eventually come to a stage in your career where you will have blossomed and matured. You'll ride out the ups and downs of the publishing world and their cost-cutting cycles, to their traditional returns to their realization that to get quality service and consistently good photography, they have to pay accordingly. Your services will be in demand, and freedom for you to choose what and when and for whom to photograph will continue to be your laurel.

Rohn Engh is director of PhotoSource International and publisher of PhotoStockNotes. Pine Lake Farm, 1910 35<sup>th</sup> Road, Osceola, WI 54020 USA E-mail: info@photosource.com Fax: 1 715 248 7394

Web site: www.photosource.com

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This week's featured photographer on PhotoSourceFolio: Brian Seed:

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TRAVEL NOTES

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Starting Out Young

Through the PhotoSource International website I was contacted here in England by a young man just 10 years old, Jack Strudley, who has already set his sights on success. Like a lot of things in life, starting photography is a good idea the younger you are. He lives close to a British air base and has flown several times on holiday. Although his favorite photography now is aviation, it was easy for me to see from the pictures he brought to show me that his future interest could well be in travel photography. So when I met up with him I went over some of the key points in becoming a travel photographer.

BASICS

First you should have the ability to get along with people. Travel photography is a people business through and through. At every turn you'll deal with tour operators, representatives from PR firms, tourism boards, hotels, airlines, etc. Shyness (Jack was shy, but wouldn't you be at 10?) is a luxury you cannot afford. I was desperately shy too at 10 but over the years it has thankfully disappeared, no doubt knocked out of me jointly through years working in television production and travel photography.

KIT

Jack’s parents, Steve and Liz, have encouraged their determined son by giving him a vintage Olympus OM4 with a prime lens. They also gave him a new Canon 'auto everything' with a zoom, both light-in-weight and perfect for small hands to hold. A comfortable hold on your camera is very important. It enables you to work instinctively in pressured situations.

STORY

But almost above these considerations is the ability to tell a story with a camera, and have the eye for what makes a good picture. Jack had both of these and with more experience, his composition will improve and be less 'hit or miss'. These assets, plus the ability to "think on your feet" and make quick decisions are very important for travel photography.

KNOWLEDGE

Technical know-how will be Jack's next step. He wasn't aware of the Kelvin scale of color temperature, a vital knowledge in understanding light. In travel photography I always have to analyze light and its inherent color. To ignore it can lead to wasted energy and useless pictures. For example, daylight slide film is unforgiving. Even a very overcast day will turn pictures blue. But the real use of this essential knowledge is that it can be turned to your advantage. Using daylight film in tungsten light will produce an orange cast, but for some pictures this can be the very thing that will make them saleable. This brings me to the final point. Jack must always understand which market he is aiming at with a picture, before he presses that shutter.

What's ahead for Jack? It was quite frightening how talented he is already! Look out for the name Jack Strudley in about ten years or so, as this is one young man who has set his sights on success already.

Happy Shooting!

WORK-FOR-HIRE

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A reader recently wrote, "I work for a mid-sized newspaper. If I get a photo in the process of working for the newspaper, and the photo turns out to be a blockbuster, does the copyright belong to me or the newspaper?"

A: If you are a freelancer, operating on your own, and you have not signed any document that says you are "working for hire," the Copyright Law says you own the copyright to that photo. But since you say you are in the employ of a newspaper and produce photos for them, you no doubt have signed a contract with the newspaper. Unless you have some kind of written agreement with the newspaper that states that, after a certain time, you will receive ownership (copyright) of the photos you take, the newspaper owns the copyright to the photos.

Take the case of the famous photo by Tom Franklin of the three FDNY firefighters raising the American flag at Ground Zero on September 11, 2001. Some charitable funds have been set up to collect and administer monies received as a result of use of the photo. The funds have collected more than $350,000 from manufacturers of items imprinted with the photo, such as t-shirts, coffee cups, medallions, pins. An equal amount has been received in royalties from sales of various official items imprinted with the picture.

The actual copyright of the photo is held by the newspaper Tom Franklin works for The Record in Bergen county, NJ.

A MAJOR SETBACK FOR FREELANCERS

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Freelancers' Attempt to Settle Rights-Grabbing Contract Hits Roadblock

By Christopher Fitzgerald, BGFA

In a lawsuit against the Boston Globe's freelancer contract, a Massachusetts Superior Court judge recently agreed to the Boston Globe's request for a summary judgment against the challenge. In simple language, the legal challenge to the contract has been thrown out.

Much of the judge's discussion addresses the retroactive rights grabbing aspect of the contract. Following are some salient points of his decision.

The judge did not condone the Boston Globe's treatment of freelancers, specifically, its demand for rights to freelancer's past work in return for future work. That aspect of the contract, he wrote, is "heavy handed and the most likely to damage morale and loyalty among freelancers." But that provision of the Boston Globe contract is legal, he ruled, because it falls within the realm of "reasonable commercial standards of fair dealing". It should be noted that in the judge's opinion, the primary reason for the retro active rights grabbing in the contract is the newspaper's effort to indemnify itself from legal actions resulting from its re-publishing of freelancers' works on Boston.com and online data bases. These works were re-published prior to the decision of the U.S. Supreme Court in the case, 'Tasini vs. New York Times.'

The judge also stated that the newspaper may demand retroactive rights to past work because these works (photos, articles, and illustrations) do not constitute wages earned by employees. He suggests that had the plaintiffs been wage-earning employees, he would have ruled differently. But instead of seeking wages, the Boston Globe is demanding that freelancers "relinquish, in part, their copyright in work already published."

AND OTHER PUBLISHERS?

This decision raises a host of questions. Should the ruling be appealed? Should the activism to raise awareness of this contract continue? Will other publishers, including magazines, begin demanding the rights to past work in return for future work?

Any decision about an appeal will not occur until later, in order for the freelancers' attorneys and the plaintiffs to have ample time to examine this ruling. Until that decision is made, it would be premature to discuss in detail the ramifications of this ruling.

That said, it must be acknowledged that this decision is a source of disappointment among those of us earning a living as self-employed photographers, writers, and illustrators, especially those of us who have spent the last 2 1/2 years saying 'no', at considerable financial sacrifice, to this rights-grabbing contract. - (Christopher Fitzgerald, Boston Globe Freelancers' Association) (Phone: 1 508 839-5920 )

BUSINESS NOTEPAD

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PRESSROOM on your Website. Rather than sending out information about your stock photography to potential clients, ask them to come to you. A simple e-mail or phone call to your target markets, inviting them to view your on-line press kit or gallery of photos on the Web, is the way many buyers now like it. Establish a "Press Room" on your site to provide the media and your markets instant self-service access to everything you would normally find in a press kit. A pressroom on your site saves the media time and saves you money. –RE

CONTESTS

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16<sup>TH</sup> INTERNATIONAL EXHIBITION ON ANIMALS IN ART. Deadline: January 24, 2003. Awards: $1,000 best of show; other cash awards; one entry chosen for cover of the Journal of the American Veterinary Medical Association. Fee: $10/1 entry, $5.00 each additional entry. Contact: International Exhibition on Animals in Art, Veterinary Medicine Library, Louisiana State University, Baton Rouge, LA, 70803-8414. Phone: 1 225 578-9793. Fax: 1 225 578-9798.

GOOD STUFF

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PEI DIGITAL CONFERENCE at the Sheraton Atlanta Hotel. Pre-conference, January 23, 2003; Conference, January 24 -- 26, 2003. Registration deadline is January 20, 2003. Cost: $299 for PPA, APA, and ASMP members; $399 for nonmembers. For registration and pricing go to http://www.ppa.com or phone 1 800 786-6277.

QUOTE OF THE WEEK

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"To err is human--and to blame it on a computer is even more so."

–Robert Orben

FREE THIS WEEK

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FREE Inventor's Kit. Need help marketing that invention? Click here for a FREE Inventor's Kit to point you in the right direction.

THIS WEEK'S WEB FEATURE

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Watch for developments in the field of stock photography in PhotoAIM's

PHOTOGRAPHY IN THE NEWS

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You'll be the first to know…

Note: If the URL is long, it may extend to two lines. In that case - clicking on it won't work. Instead, "copy and paste" the URL.

My photography features the workers and oppressed people of the world. Social documentary photographer Bill Hackwell from the United States shares his views on photography and politics. Hackwell's photography insists on the dignity and hope of people who find themselves in extraordinary situations and at moments of social change.

Freelance photographer and film-maker Geoff Mackley, who specializes in natural disasters, said he had flown over Tikopia early Wednesday, after a four-hour flight from Vanuatu. He reported a scene of total devastation.

The work-at-home person needs some encouragement to live by. These are 100 years old.

2002: The Year in Photography by Gerry Melendez - Through photography, we capture and share fleeting moments to communicate with you, our readers. We laugh together, we cry together, we learn together through our photographs. These are some highlights and important news events from 2002.

Photographer has seen it all in long career with camera - Jackson County weddings, graduations, crime and crashes are among the many images

Stephen Shames Sends Street Kids Back To School - He has spent much of his career photographing street kids in their surroundings. Now, Shames is taking steps to help get a few of the kids out of their surroundings and into school.

The Flash Of Fame Photographer Herb Ritts Blurred the Line Between Art and Commerce

The Adelmans keep busy by snapping high-resolution photos every 500 feet along California's 1,100-mile coastline. From their Robinson R44 helicopter, the Adelmans intend to fly and shoot the entire coast, from Oregon to Mexico.

Polio's demise, in focus-photographer Sebastião Salgado's odyssey to document the human condition and the global campaign to wipe out polio...

A medium that's still developing A 50-year tribute to Aperture's ground-breaking photography

Celebrity Photographer Ritts Dies at 50

A wondrous riot of color under the sea Rotman's fish shots look more like abstract paintings than photographs

Top 10 Space Science Images of 2002

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