Dear friends and colleagues,
A group of New York Times freelance photojournalists has met over the last week and a half to develop a response to the new Times freelance photography contract, which is deeply flawed.
If you are a freelance photographer who works for The New York Times, and you have not signed the new contract, we urge you to sign this letter via e-mail. You can do this by e-mailing to [EMAIL PROTECTED] the following statement: "I agree to the content of this letter and wish to add my name to it as a signatory." along with your name, address, and contact information. YOU MUST REPLY BY 4PM THURSDAY APRIL 1 FOR YOUR NAME TO BE ON THIS LETTER.
Your name will be attached to the letter before it is sent.
If you are a freelance photographer who works for The New York Times and you HAVE signed the contract, or if you are NOT a freelance photographer for The New York Times, but you wish to support us, we urge you to e-mail to [EMAIL PROTECTED] the following statement of support: "I support the New York Times freelance photographers and endorse this letter." along with your name, address, and contact information. YOU MUST REPLY BY 4PM THURSDAY APRIL 1 FOR YOUR NAME TO BE ON THE STATEMENT OF SUPPORT THAT WILL ACCOMPANY THIS LETTER.
The proposed contract is bad not just for us, but for every photographer everywhere. Our rights have been steadily eroded and our livelihoods threatened over the last decade. WE CANNOT LET THIS CONTINUE!
Sign the letter, send us your support: we need your help now.
YOU MUST REPLY BY 4PM THURSDAY APRIL 1 FOR YOUR NAME TO BE ON THIS LETTER.
Thank you for your support. ---------------
March 31, 2004
Mr. Arthur Ochs Sulzberger Jr., Publisher Mr. Bill Keller, Executive Editor Ms. Jill Abramson, Managing Editor Mr. John M. Geddes, Managing Editor Mr. David Frank, Acting Director of Photography Mr. William E. Schmidt, Associate Managing Editor The New York Times 229 West 43rd Street New York, New York 10036
Dear Mr. Sulzberger, Mr. Keller, Ms. Abramson, Mr. Geddes, Mr. Frank, Mr. Schmidt:
I am one of the undersigned freelance photojournalists who works regularly for The New York Times. The Times recently sent me a contract and issued an ultimatum: I will no longer be hired unless I sign it. I am writing to object to the contract's substance and to request a meeting with management to discuss a more equitable arrangement between The Times and its freelance photographers.
The contract contains several flaws and ambiguities that need to be addressed, including:
* Until recently I have worked for the New York Times without a contract, and I have retained the copyright to my photographs, as is standard under copyright law .The work-for-hire clause radically alters these conditions by seizing my fundamental rights and assigning them to The Times. (par. 3 + 4)
* The ten-day embargo would deprive me of the ability to license my photographs to news magazines within the weekly news cycle. This is only one example of how The Times is proposing to take a substantial portion of my income - while offering nothing in return. (par. 5)
* Copyright, privacy, and libel violations generally arise as a result of a photographs use. The liability provisions (par. 8) do not indemnify me against improper use by The Times of an image that I would not control.
* The syndication provisions compromises my exclusive right to license my pictures based on the sole ownership of copyright. This would make The Times Syndicate my direct competitor. It could also put me in breach of existing agreements I might have with photo agencies. (par. 6)
* The provisions restricting association and identification (par. 7b) are unworkable in practice. The Times has always relied on and received my professional judgment and ethical vigilance. Am I to lie or remain silent when someone asks for whom I did an assignment? One of the ethical responsibilities of a photojournalist is truth-telling. The context in which a picture arises, and the institutional affiliation of the photographer when the picture is taken, is crucial information to any critical viewer of a photograph. I am deeply troubled that the flagship of free journalistic expression in The United States would assail my First Amendment rights.
The Times has long been an icon among American newspapers. The outstanding work of dedicated photojournalists has helped to establish and maintain its leadership role. The paper has a distinguished history of journalistic integrity with a tradition of exposing injustice and championing civil rights. This contract is inconsistent with those ideals.
I understand that The Times operates in a competitive environment. Electronic distribution and technology pose unique challenges and it is essential for us to meet these challenges together. The Times has an interest in retaining talented, committed freelance photojournalists: as the paper's coverage of September 11th and other world events has demonstrated, freelance photographers are an integral and important part of the Times' overall excellence.
I am very proud of and value my relationship with The Times. I request a meeting at the earliest convenience to address these concerns. Several New York-area photographers have offered to be points of contact to arrange this meeting. Please contact Alan Chin, Brian Palmer, or Christopher Smith. I look forward to continuing a productive, professional and mutually beneficial association with the New York Times.
Sincerely,
XXX
=============================================================== GO TO http://www.prodig.org for ~ GUIDELINES ~ un/SUBSCRIBING ~ ITEMS for SALE
