Photogs Fight For Rights

Posted on 9/17/1997 by Jim Pickerell | Printable Version | Comments (0)

89

PHOTOGRAPHERS FIGHT FOR RIGHTS






September 17, 1997




Twelve photographers have retained Alan Trachtman of Dealy & Trachtman, LLP in New York to pursue a monetary settlement with National Geographic Interactive for the proposed use of their images on a 30 disc set of CD-ROM's entitled The Complete National Geographic: 108 Years of National Geographic Magazine . The discs are scheduled for release this fall.




NGI is a for-profit organization affiliated with the non-profit National Geographic Society.


The photographers - Charles O'Rear, Fred Ward, Loren McIntyre, Tom Nebbia, Adam Woolfitt, Nathan Benn, Linda Bartlett, David Austen, Jim Pickerell, Steve Wall, Paul Horsted and Nick Sebastian - have had a total of more than 2700 images published in National Geographic Magazine between 1958 and 1993. They also wrote 24 articles for the magazine and had their pictures used on 16 covers.


National Geographic believes they have the right to re-use these images and stories without paying any additional compensation to the creators. Tom Stanton, Director of CD-ROM product management for National Geographic Interactive, a for-profit division of National Geographic Society, said, "Because the CD-ROM archive consists of an exact image of every page as it was originally published, this reissuance (or reprint) is not a 'further editorial use' of material such as requires additional payment to the photographers whose contracts commit the Society to payment under those circumstances."


Most of the images in dispute were produced under contract to National Geographic Society. Those contracts specified that there would be additional payment for additional uses of the images. Some photographers produced images on a freelance "one-time-use rights" basis and other images were purchased from stock.


In no case did National Geographic Society purchase electronic use rights to the images in question.


These photographers believe this set of 30 CD-ROM discs is a new usage under the terms of their contractual agreements. They believe they are entitled to "appropriate" compensation for this usage, and that it is the photographer, not NG, who decides what is "appropriate." They believe that if a photographer and the magazine can not come to an agreement on "appropriate compensation" then the photographer has the legal right, based on their contracts, to withhold the work.


Moreover, the photographers believe that if NG is allowed to make this additional electronic use of their images and text, without providing any additional compensation, it will set an extremely dangerous precedent for the industry.


National Geographic Interactive is claiming the right to use this material not only in this CD-ROM archive, but also "on versions in CD-I, DVD, and other versions, editions, adaptations, or sequels to the original title." The term and territories they intend to use the product in are, "twenty years worldwide, in all languages."


Jim Pickerell, who helped organize this group, said, "So far, not a single photographer or writer has come to me and indicated that they support NGI's position or believe it is fair or reasonable. Many, who still do occasional assignments for NG, have indicated that they support the photographer's position, but they are afraid to allow their names to be used for fear of retaliation by NG."


Some have asked if this is a class action that will benefit everyone who has ever provided pictures or text for the magazine. The answer, at this time, is NO. This action will only benefit those who are active participants within the group, who have paid a share of the retainer, signed a retainer agreement with the lawyers, and who are willing to allow their names to be used as being part of the group.


It is expected that NGI will insist on knowing specifically who they are compensating, and therefore it is impossible for individuals to benefit if they want to remain anonymous. Once NGI has reached an agreement with our group, there is nothing to prevent NGI from offering the same terms to everyone who has ever worked for National Geographic Magazine. However, given the position NGI has taken thus far, it is hard to imagine them doing that.


Pickerell emphasized, "Individuals or organizations who join our group are not required to accept a majority approved settlement offer. Once such an offer has been made each individual is free to reject it and pursue other remedies on their own, if they believe that is in their best interest."


In all likelihood, photographers who decide to sit on the sidelines will receive nothing for this use.


Preliminary research has revealed that in a two-and-a-half year period more than 500 photographers had at least one picture published in the magazine.


Any photographer, anywhere in the world, who has had work published in National Geographic Magazine is welcome to join this group. Individuals or agencies can do so by paying a retainer of $2.00 per image or $25 per text story published. In addition they must supply us with detailed information about when and how the work was produced and used. There is a minimum retainer or $50 per participant. Interested parties should contact Jim Pickerell at 301-251-0720 for more information.


The above rates are good until November 2, 1997. After that time the retainer fees per image will be $4.00, but the fee for text and the minimum retainer will remain the same. As we get close to an agreement it will be necessary to close the group in order to provide NG with specific details as to who will be compensated. We have no idea when this might happen, but the group may be closed to new entries at any time, without notice.


Copyright © 1997 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 301-461-7627, 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

Please log in or create an account to post comments.

Stay Connected

Sign up to receive email notification when new stories are posted.

Follow Us

Free Stuff

Stock Photo Pricing: The Future
In the last two years I have written a lot about stock photo pricing and its downward slide. If you have time over the holidays you may want to review some of these stories as you plan your strategy ...
Read More
Future Of Stock Photography
If you’re a photographer that counts on the licensing of stock images to provide a portion of your annual income the following are a few stories you should read. In the past decade stock photography ...
Read More
Blockchain Stories
The opening session at this year’s CEPIC Congress in Berlin on May 30, 2018 is entitled “Can Blockchain be applied to the Photo Industry?” For those who would like to know more about the existing blo...
Read More
2017 Stories Worth Reviewing
The following are links to some 2017 and early 2018 stories that might be worth reviewing as we move into the new year.
Read More
Stories Related To Stock Photo Pricing
The following are links to stories that deal with stock photo pricing trends. Probably the biggest problem the industry has faced in recent years has been the steady decline in prices for the use of ...
Read More
Stock Photo Prices: The Future
This story is FREE. Feel free to pass it along to anyone interested in licensing their work as stock photography. On October 23rd at the DMLA 2017 Conference in New York there will be a panel discuss...
Read More
Important Stock Photo Industry Issues
Here are links to recent stories that deal with three major issues for the stock photo industry – Revenue Growth Potential, Setting Bottom Line On Pricing and Future Production Sources.
Read More
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

More from Free Stuff