APA Finds Getty Images Proposed Contract Changes Unacceptable

Posted on 5/9/2011 by Jim Pickerell | Printable Version | Comments (0)

APA (American Photographic Artists) members have “uniformly agreed that Getty Images’ proposed changes are unacceptable.”

Through its counsel, Nelson & McCulloch LLP, APA contacted Getty Images prior to the April 30th deadline and made clear its position on the new contract. The organization requested, “that Getty Images stay or extend its self-imposed deadline for forcing contributors to sign (its) agreements.” Getty Images refused to respond to APA’S inquiry.

At that point APA recommended that its members decline Getty Images’ invitation to agree to the unacceptable changes. In a press release they said, “While we recognize that this is an extremely difficult situation for many contributors given Getty Images’ dominant position in the stock photography market, APA firmly believes that these changes are unacceptable and that the ‘solutions’ that Getty Images has offered are entirely inadequate and fail to resolve even the most basic concerns.

“In fact, the various ‘solutions’ offered by Getty Images in the contributors’ forum demonstrate that the fundamental problem with Getty Images’ proposed changes are that it presumes that all images should be licensed under the RF model and makes the photographer justify why particular images warrant special treatment.”

“APA fundamentally rejects this view of stock photography licensing. As the creator and owner of the intellectual property, the photographer has the inherent right to determine how an image is to be licensed, including whether an image should be maintained as an RM or RF image. Getty Images’ effort to leverage its position in the industry to undermine that fundamental right and force its contributors to relinquish control over the manner in which their creative works are licensed is completely improper.

“Perhaps more importantly, APA also is seriously concerned about the manner in which Getty Images has attempted to force these radical changes on its contributors. Adopting baseless, self-imposed deadlines and threatening to terminate contributors who do not accept changes to their existing contracts is not acceptable. As a community, we cannot continue to ignore Getty Images’ efforts to intimidate and strong-arm contributors, and we must not allow Getty Images to force contributors into signing these new contracts under duress.

“While each of our members ultimately must decide for itself whether to accept the new contracts being imposed by Getty Images, APA recommends that, as a community, we resist and reject the direction in which Getty Images is trying to take this industry. Given Getty Images’ overwhelming stature in the licensing industry, it is clear that we can be heard only if we stand together and stand up for what we believe to be right and just.”


Copyright © 2011 Jim Pickerell. The above article may not be copied, reproduced, excerpted or distributed in any manner without written permission from the author. All requests should be submitted to Selling Stock at 10319 Westlake Drive, Suite 162, Bethesda, MD 20817, phone 301-251-0720, e-mail: wvz@fpcubgbf.pbz

Jim Pickerell is founder of www.selling-stock.com, an online newsletter that publishes daily. He is also available for personal telephone consultations on pricing and other matters related to stock photography. He occasionally acts as an expert witness on matters related to stock photography. For his current curriculum vitae go to: http://www.jimpickerell.com/Curriculum-Vitae.aspx.  

Comments

Be the first to comment below.

Post Comment

You must log in to post comments.

Stay Connected

Sign up to receive our FREE weekly email listing new stories posted.

Follow Us

Free Stuff

Recent Stories – Summer 2016
If you’ve been shooting all summer and haven’t had time to keep up with your reading here are links to a few stories you might want to check out as we move into the fall. To begin, be sure to complet...
Read More
Corbis Acquisition by VCG/Getty Images
This story provides links to several stories that relate to the Visual China Group (VCG) acquisition of Corbis and the role Getty Images has been assigned in the transfer of Corbis assets to the Gett...
Read More
Finding The Right Image
Many think search will be solved with better Metadata. While metadata is important, there are limits to how far it can take the customer toward finding the right piece of content. This story provides...
Read More
Where Is The Stock Photo Industry Headed?
For new readers, or those who may have missed some of what I have written over the last few months, the following are a list of stories worth looking at to get a sense of where the industry is headed.
Read More
Photography As A Career
It’s that time of year when high school seniors are waiting for college acceptance letters and thinking about future careers. If you know someone who is thinking about photography as a career you mig...
Read More
2014 Stories You May Have Missed
For many the end of the year is a time to review past experiences and consider whether it makes sense to chart a new course in the year ahead. Stock photography has changed dramatically for professio...
Read More
More Stories In 2014 You May Have Missed
Every so often I put together a list of the most important stories we’ve published in the recent past. If you are engaged in the business of stock photography the links below are to stories that we’v...
Read More
Getty: A Three Month Review
In all the excitement about 35 million FREE images it is worth looking back at some of things that have been happening at Getty Images in the last three months. After watching revenue decline for the...
Read More
State Of Stock Photo Industry: 2013
If you’re looking for an overview of the state of the stock photo industry as of October 2013 the stories listed below are a good place to start. Regular readers of Selling-Stock will have seen all t...
Read More
Education Market Shifts To Digital
If supplying pictures for educational use is a significant part of your business plan you need to be aware of how the market is trending toward digital delivery and how that is likely to affect the p...
Read More

More from Free Stuff