AIPA NEWS: JUNE 2006
As I write this we are just putting the finishing touches on our submission to the Ministry of Economic Development regarding the Commissioning Rule. The document itself is 25 pages of fairly grim reading, explaining in detail how the current copyright act disadvantages professional photographers and fellow creative professionals. And to be honest, the thought of changing my head space and writing another 500 words for this column seems somewhat daunting. When did I cease being a photographer and become a writer instead? Well at least as a writer I won’t have to worry about the damn Commissioning Rule – just dodgy contracts from publishers.
Which actually raises an interesting point. Even when the Commissioning Rule is repealed it probably won’t have any immediate effect on the photographic industry. In fact it would foolish of us to expect a dramatic change in our client’s attitudes overnight. Don’t get me wrong, the law change will certainly make our lives easier – especially for young, inexperienced photographers who are currently being ripped off left, right and centre. But the major players in the commissioning stakes, particularly the big publishing companies, will no doubt respond to the change quickly and issue their contributors with freshly drafted, copyright grabbing contracts that ‘must’ be signed before they generously offer any new assignments (for 20 year old fees).
One has to wonder how professional photographers will respond to these contracts. With the law supporting our position on copyright will we take a stand and say an unequivocal ‘NO’ to these bad deals, or will we simply roll over, sign the damn things, and continue to whinge and moan about how life sucks when you’re a poor self-employed artist. I would honestly like to believe that we’ll take the first option, but unfortunately history doesn’t support my belief.
If there is a stand off like with ACP in 2002 then it’s fair to say New Zealand photographers will have to hold out for more than one measly month in order to achieve any real improvement in terms. It took over 6 months for the original Editorial Photographers group in the United States to break Business Week, but when they did their perseverance and fortitude was rewarded – the deal they brokered was hailed as a vast improvement for all concerned.
But anyway, I’m getting ahead of myself. First things first. Changing the law isn’t going to happen quickly or easily. With the Commissioning Rule review underway we’ve merely taken the first step in a long journey. With courage, conviction and maybe even a little luck we should reach our destination. I just hope that when we finally get there all of our hard work is not undermined by photographer’s general lack of self worth.
Aaron K
AIPA President
