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By Charumathi Supraja Many print and online publications use freelance photographers, but their rights to their own work are a grey area that many publications exploit
Every editor knows that a picture is worth a thousand words. But how many words is the story behind the pictures worth? Not many, it seems. Silence surrounds the unethical practices that haunt freelance photography, particularly in the digital world.
Professional freelance photographers often see their photos cross international boundaries within nanoseconds, with no credit or payment given to them. Further, newspapers that publish their photos take credit for the images; the photographer is cropped out of the picture.
Bangalore-based freelance photographer Mallikarjun Katakaol was commissioned by a hospital to take photographs of Lakshmi, a child undergoing a rare surgery. The pre-operative images he took were handed out to press persons during a press conference with no credit attached. Yet most local and national newspapers that published the photographs took credit for the images. “I didn’t give my credit with the photographs initially, so it’s understandable if they were published without my name. But why did the newspapers take credit for work that was mine? When I did the post-operative photos, I gave my name with the photographs. Yet, newpapers still took out my name and put in their own,” says Mallikarjun.
Mallikarjun’s photographs were used widely shortly after, yet he says he hasn’t been paid by a single publication to date. “The Telegraph, Canada.com, wbaltv.com, Washington
Post, bbc.co.uk, ndtv.com are some of the publications that have carried the photographs, besides most national newspapers in India,” Mallikarjun says. He found out that an international stock agency called Getty was selling his photographs, which had been attributed to someone called Abhyanshu Sarkar. “I called Getty’s London office. After arguing with them for half-an-hour, I was told to contact their legal department in Seattle. But within an hour, I saw that the images had been removed from their website. I am planning legal action against them,” he says. “It hurts when somebody takes your intellectual property. Lots of my pictures have been used without credits. When somebody writes a story, they get a byline. Not so with pictures. Photos are meant to be paid for, but are not. And then, pictures shot for editorial use are usurped for commercial use,” says Mallikarjun.
Most freelance photographers consulted for this article vouch for the erratic use of their photographs, delayed or no payments and the need for a tough, professional approach to protect their work and intellectual property. Most of them mentioned that it is “normal” for some publications to “forget” to publish the credit line with the photograph.
K Venkatesh, who has been freelancing for the last 22 years, says, “There is always a problem with credits and payments if you are not a staff photographer. They will call you when the staffer is not available for a shoot. In earlier days we used to be asked to follow up in Delhi or somewhere else for payment. That meant many expensive calls. Now, I just state my charges for a half-day photo shoot and work only if I am paid in advance.”
Independent travel writer and photographer, Susheela Nair, says, “Many publications think that ‘freelancers’ work for free. Some others think ‘freelance’ is a company. I just don’t work with such people. Photo agencies charge a penalty if their images are used without credits. But they sit on the submissions of freelancers. So I sell photos directly.
Many publications have lost my transparencies in the past. They forget to give credit so there is no question of payment. Even when I say ‘text and photos by…’ they publish only the byline for the article. Ad agencies tell us our photos are rejected by the client, but file them and use them for other clients.”
While most freelancers thrive on the creative challenges and satisfaction afforded by independent freelancing, it does not work for everyone. Leonard Aarons, photo editor, AOL, says he values his desk job and salary after having been a freelancer, on and off, for many years. “As a freelancer, when you follow up about non-payment or credit line issues with editors, you can’t antagonise them because your next meal ticket is coming from them. So it’s almost like begging for what is actually your due.”
“When you give in quality work and a newspaper prefers your work over that of its staffer, you have to face the animosity of the staff photographer,” says freelance photographer B K Ramesh, who has sometimes asked newspapers not to give him credit rather than face the ire of the staff photographer. “Once, a staffer complained to the editor that I take money from the people whose photos I submit for publication. I was summoned by the chief reporter and editor. I said I’d pay back all that I’d earned from them in 10 years if the charges are proved right. In this field, one should be prompt, professional and maintain quality of work to survive. There are no safeguards. Once the photo is out of your hands it is very difficult to monitor all that the newspaper does with it. If we question the publication, they will not tolerate such questioning. There are very few publications that follow rules or pay you every time your photo is reused.”
Many publications choose to work only with freelancers. Anupama Bijur, chief of the Bangalore Bureau, Magna Publishing Company, says, "We don't need a fulltime photographer so we work with different freelancers depending on their area of specialisation. We commission the story and give them credit for the photos. We have long-term relationships with our freelancers so usually there is no problem." By law, the photographer instantly owns the copyright of a photograph he/she has clicked. Prashanth Iyengar, Alternate Law Forum, Bangalore, says, “When anything is given for publication, an agreement needs to define what rights are being given to the publication and what rights are retained by the author or artist. The way journalism operates, there is no formal agreement. Smaller players lose out on income because of this. A formal agreement, on the other hand, would be expensive to generate and follow up if violated. We need a culture that promotes independent journalism. Copyright laws are not complete and do not protect the interests of small artists and players.” Even if a publication takes all rights on publication of a photograph, the Copyright Act holds that the photographer has a residual right of attribution. The artist has a moral right to be identified as the creator of that work. Though this is an inalienable right, it is one that is most often violated. Freelance photographers fulfil an invaluable need in the media industry but they don't get the monetary and institutional benefits that staff photographers get. They have to work harder to access their subjects since they work independently. They often specialise in certain subjects and this is what makes their work more saleable. (The writer is an independent journalist based in Bangalore. She writes for the new media on social issues, with a particular focus on rural development, women, health and media. Her first book for children, A Mahatma Called Gandhi, was recently brought out by a Bangalore-based publisher. ) InfoChange News & Features, August 2008 |
