Posts Tagged ‘photographers’ rights’

Gwyn Headley

by Gwyn Headley

Managing Director

The pulchritudinous chanteuse Taylor Swift attracted plaudits this week for defying the might of Apple, the world’s most profitable company.

She wrote “We don’t ask you for free iPhones. Please don’t ask us to provide you with our music for no compensation” (during Apple Music’s three-month trial period).

Her whole piece was packed with praise for Apple, but she resolutely made her point, and it worked — Apple backed down and will now pay artists during the initial trial.

Well done Taylor. The labourer is worthy of his hire. People need to be paid for their work. fotoLibra jumps on any and every attempt we see by corporations to dodge paying photographers their rightful fees.

Taylor Swift doesn’t need to pay photographers, apart from organised photo shoots, obviously. But we can’t help but notice the draconian conditions imposed by Ms Swift’s promoters on photographers who attend her concerts. Here are some extracts from her photographer’s contract (my emboldening):

“The photographs, taken in accordance with Paragraph 1 may be used on a one time only basis.
“You and/or your employer will be responsible for all costs related to the rights granted in this Authorisation.
“On behalf of yourself and the publication you expressly grant the perpetual worldwide rights to use the published Photographs for any non-commercial purposes (in all media and formats), including but not limited to publicity and promotion on their websites and/or social media accounts or pages.
“If you or the publication breach this Authorisation, all rights are granted herein will be immediately and automatically rescinded.
“If you fail to fully comply with this authorisation, authorised agents [of Taylor Swift] may confiscate and/or destroy the technology or devices that contain the masterfiles of the Photographs and other images, including, but not limited to, cell phones and memory cards, and the Photographs and any other images, and eject you from the venue, in addition.”

Ah, bless!

Whatever one may think about the UK Government, it cannot be faulted for its inclusive approach to pre-legislation consultation. fotoLibra, along with other parties interested or affected by changes in copyright legislation, has been offered the chance to comment on a working document of proposals to change the UK’s copyright system.

In fotoLibra’s case this directly affects our livelihood, and, by extension, not just the income but also the rights of our member photographers. We have to make our views known, whether or not we feel it will have any effect.

First, some practical considerations. The consultation document is over 50,000 words long, about the length of a novel, though not as pacily written. Then comes the consultation response form. This has 113 questions, each of which demands a full written response — no multiple choice options here.

So we can’t fault the process. We are being given every opportunity to have our voice heard, and in depth. My only quibble is my own indolence and my lifelong fear of exams. This looks like an exam paper to me. But I’ll have to buckle down to it.

If any fotoLibra members want points to be raised within the framework of the consultation document, we will be happy to include them in our response. It would be invidious of me to summarise the consultation here, so I’ll simply give you this link to it. I will be happy to include your opinions in our formal response, which we will have completed by March 14th.

Please send your responses to me by March 7th. They must contain the relevant question number from the Consultation response form. Here is a sample question from the form:

63. What do you consider the process and threshold for non-compliance should be? For example, should Government test compliance on a regular basis (say by following Ombudsman’s reports) or on an ad-hoc basis? What evidence would be appropriate to demonstrate non-compliance? Please give reasons for your response.

Any response without its relevant question number and any responses received after March 7th will not be included in our submission, and that includes comments on this blog. UK subjects only, please.

We get more questions about copyright from fotoLibra members than almost anything else, and we are no position to answer them definitively. Copyright law is complex and difficult to interpret without expensive legal assistance. Although lawyers and other people (such as us) may offer views on the meaning of the law, only the courts can set precedents through their judgements; and as we all know, the law means great expense. However well-meaning and fair-minded the new law intends to be, justice will go to those with the deepest pockets.

There’s no cloud without a silver lining. The pathetically low fees now being paid by picture buyers mean that few people are making enough money from their image sales to attract the attention of predatory lawyers. So for the time being this copyright law, such as it is or will be, probably may not be troubling us unduly.

When we become rich and successful, that’s when we can expect Mr Lionel Hutz to come calling.