The Foundation of Everything

While ASMP was formed in 1944, one of its most important documents wasn’t issued until nearly seven years later. It was one thing for colleagues to get together and discuss what was wrong with the business and how to remedy it; it was another to sit down and formalize the negotiating points that photographers would use in dealings with the buyers of their work, which were for the most part, at that time, national magazines. This was a time when ASMP enjoyed guild status.

After work by the Research Committee, a 15-point Code was created. This Code would then be used by the Negotiating Committee which would meet with magazines, hammer out agreements, and then return the results to be officially accepted in a membership vote.

The Code was finally approved at the July 25, 1951, membership meeting, held at the Hotel Vanderbilt in New York City, presided over by ASMP President Jerry Cooke.

Without exaggeration, the Code is the basis for just about everything ASMP has done and believed in ever since. It is the backbone of the organization’s efforts. Yet, oddly, it is little known by current members, and almost never reprinted. Certainly, it is dated in parts, and the circumstances of the profession and the magazine business have changed since the Truman administration. But it is amazing how much is still pertinent, how much has not changed, how much of what we consider today to be a given and second nature started with this document. These work requirements did not exist before this document. Current business and trade practice has evolved almost exclusively from the Code, whether in letter or in spirit. The Code stands as a testimony to the vision, solidarity, and understanding of the founding fathers of ASMP, then the Society of Magazine Photographers (SMP).

Here it is, as first printed in the July 31, 1951, issue of the Bulletin:

    1. Photos are for one time use only in manner specified — editorial, promotion, advertising, or other.
    2. Magazines buying all rights pay a minimum of twice the fee.
    3. Copyright on photographs to be held by the photographer.
  2. Photographer to retain all negatives and color transparencies and keep them available to the magazine.
  3. Photographs made on assignment may not be shown to other editors prior to submission.
    1. Payment to be based on page rate with a day rate minimum.
    2. Day rate and expenses to be paid within 30 days of time work is submitted. Difference between this and page rate to be paid within 30 days of time of publication.
    3. Anything over 1/2 page counts as 1 page — 1/2 page minimum.
    1. Day rate to be based on an 8-hour day, or any portion thereof.
    2. Time and a half shall be paid for the first 4 hours after 8-hour period within 24-hour period.
    3. Double time shall be paid for second 4 hours after 8-hour period within 24-hour period.
    1. All time spent on assignment other than actual shooting time is charged at a minimum of half shooting rate. (This means time such as: research time, standby time, editorial conference time, bad weather, editing, casting, travel, etc.)
    2. Night travel to be paid as travel time.
    3. The above to be figured as expenses and not part of minimum. (Not to be deducted from page rate.)
  7. A shooting day is considered to be a day, or any part thereof, which results in the production of a photograph.
  8. All expenses incurred by the photographer, including traveling expenses, cost of materials, processing, etc., are to be reimbursed. If the photographer does his own processing he will be reimbursed at the half-day rate for time spent, plus materials.
  9. Payment to be made for assistants when required.
  10. Assignments to be committed in writing. Can be done by simple form sheet made up by ASMP.
  11. Photographs submitted on approval for five days unless magazine buys option or pays service fee.
  12. Photographs assigned in color but used black and white, to be paid for at color page rate.
  13. Strobe and other special equipment should be charged for at a price subject to negotiation.
  14. No legend on checks from magazines. ASMP form to govern rights. (see 10, above)
    1. The minimum day rate shall be negotiated individually with each magazine by the negotiating committee.
    2. A page rate minimum to be negotiated with each magazine based on their advertising rates with allowance made for their present rates, cost of living increase, etc.