What is a 'working photojournalist?'

[jlw]

I agree that big-media domination of image-making is a potential problem, but in the hypothetical situation you contemplate, I'm sure the images would belong to the courts! "The law has a right to every man's evidence" is an old legal saying, and it's so well-established that it trumps copyright law, privacy law, and just about everything else.

Also note that the Getty proposal doesn't deal with media photographers. Somewhere in there it specifically notes that the contract photographer would be expected to work side by side with press photographers and that part of the goal is to match the quality of their images. Basically, what they're trying to do is syndicate the "team photographer" position, not competing with press photographers.

As I said, I don't think there's anything objectionable about this as long as the team photographer's compensation is adjusted to reflect his loss of income from resale rights. But as YOU said, that's something that the photographer would have to be very careful to negotiate!

 

[chmeyer]

I agree that big-media domination of image-making is a potential problem, but in the hypothetical situation you contemplate, I'm sure the images would belong to the courts! "The law has a right to every man's evidence" is an old legal saying, and it's so well-established that it trumps copyright law, privacy law, and just about everything else.

Also note that the Getty proposal doesn't deal with media photographers. Somewhere in there it specifically notes that the contract photographer would be expected to work side by side with press photographers and that part of the goal is to match the quality of their images. -snip-

As I said, I don't think there's anything objectionable about this as long as the team photographer's compensation is adjusted to reflect his loss of income from resale rights.

I'm not an IP lawyer, so I'm not sure about the legal stuff.
A couple of things come to mind.
I would say big media domination of image making is not a potential problem, it's the essential problem.
The original post inquired about obtaining legitimate press credentials perhaps as a freelance photographer. In the future, a working freelance photojournalist may only be able to obtain an NHL or similar credential if they agree to sign an agreement giving away the rights to their photos.
Plus they will be expected to work side by side and match the quality of press photographers that use equipment perhaps provided by their publication.
What if Getty decides that a team photographer or freelance photographer already makes an adequate amount for their service?
With the loss of the resale rights to the photos and Getty calling the shots, how will our working photographer keep from going bankrupt while trying to pay off that large megapixel DSLR, 300 f/2.8, teleconverter (and rangefinder for the arty shots) he had to buy to keep up with the members of the press?

 

[stet]

The IP rights issue would be another reason that a professional organization may come in handy. Just last week three groups representing freelance writers sought court approval for an $18 million settlement from the NY Times, Lexis, Time, WSJ and others for electronic use of their work. Here's another article on it from the New York Observer.

My better half, who is a video news photographer, tells me that NPPA is the go-to rep for such things for photographers.

-Rick

 

[canonetc]

Working Photojournalist and the market future

Working Photojournalist and the market future

Hi,

JLW and CHMEYER have raised and covered extemely important points we all need to think about, "working" or "non-working" photographers alike.

I signed the stringer contract for AP, but it got my foot in the door and led to the credibility and freedom I now have as a freelance photographer shooting special events (for better money than AP offered). Try to keep your rights. It enables all of us to do the same.

Chris
canonetc

 

[Jason_K]

Try to keep your rights. It enables all of us to do the same.

ABSOLUTELY. As a photographer the most important thing you have is your copyright. Why do you think other people are so eager to take it away?

 

[pthurst]

Hi,

I work as a journalist/producer for the BBC although I work freelance (not a fixed contract)

Journalists are funny creatures really, anyone can 'become' one and the issue of payment (or lack of it) bears little significance. If you report on a frequent basis for a media outlet then you can basically count yourself in, but it doesn't sound like you are interested in being a journalist and thats where your problem may lie.

As you'll know, most photo-journalists have a reason for being at an event and the reason goes beyond simple photo-taking. They are there to do a job and as such it probably wouldn't be appropriate for someone to use press facilities inappropriately.

On previous occasions, I have gone through a different route when my photography has not been work related. Obviously dependent on the size of the event, you may find that if you contact the organisers beforehand, they might be able to make some special arrangements for you.

Introduce yourself formally and confidently and explain that you are a local photographer working on a project. In some cases not only will they let you photograph to your hearts content, but guess where they'll put you 🙂

Hope this is useful and all the best!

Paul