60 Years of ASMP
Fall, 1942
Click magazine photographers Bradley Smith and Ike Vern chat with New York Post columnist/critic John Adam Knight about the need for magazine photographers to “have some sort of club or something.”
October 12, 1944
Some two dozen photographers gather in Ewing Krainin’s New York studio and agree that a formal organization is both wanted and needed. Says founding member Bradley Smith: “It was the year of 1944, a year of the beachheads of Normandy, the beginning of the end of World War II. It was also the year of the first meeting to organize photojournalists, a new breed of concerned visual communicators.” Philippe Halsman, a portrait and editorial photographer who had moved to New York from Paris in 1940, attends that first meeting.
November, 1944
Photographers pay a $25 initiation fee, plus $2-per-month dues, to become members of The Society of Magazine Photographers — SMP.
December, 1944
SMP is chartered by the state of New York. A temporary board of governors, including Herbert Gehr, Nelson Morris, Herbert Giles, Bradley Smith, Roland Harvey, and Allan Gould, write the Society’s constitution. Members elect John Adam Knight as temporary president and Philippe Halsman as temporary secretary.
February 28, 1945
John Adam Knight believes that a full-time working magazine photographer should serve as president, and steps aside. Philippe Halsman is elected SMP’s first official president, serving with his fellow officers Eliot Elisofon, Harold Rhodenbaugh, Herbert Giles, Michael Elliot, Nelson Morris, and Robert Disraeli, as well as board members Fritz Henle, Fritz Goro, and George Karger. Operating temporarily from Halsman’s studio on West 67th Street, the founder’s group establishes committees for publications, membership, exhibitions, and a monthly bulletin. SMP holds regular meetings at the Hotel Belmont-Plaza as well as the Waldorf-Astoria and attracts more and more interested photographers as word spreads about this small but increasingly visible group.
ASMP’s Bulletin, originally edited and written by Herbert Giles, Allan Gould, Sid Latham, and Jack Manning, publishes Volume 1, Number 1.
Fall, 1945
After just one year of the Society’s existence, it is estimated that over three-fourths of all eligible magazine photographers belong to SMP, including David Eisendrath, Margaret Bourke-White, Robert Capa, Louise Dahl-Wolfe, Jerry Cooke, Andre Kertesz, Peter Stackpole, Lisa Larsen, Andreas Feininger, Dimitri Kessel, and Arthur (Weegee) Fellig.
May, 1946
When the Board learns that the School of Modern Photography holds claim to the letters SMP, members vote to rename their group the Magazine Photographers Guild — only to discover that name is spoken for, too. SMP then changes its name to American Society of Magazine Photographers, and the acronym ASMP officially enters the vernacular of New York’s magazine and photography world.
Edward Weston becomes a member; Edward Steichen is made an honorary member.
1949
The Society amends its charter and fights for the right to represent magazine photographers in matters of wages and working conditions.
1951
ASMP is licensed by the state of New York to act as a labor union.
ASMP establishes the Code of Minimum Standards, an agreement that, while not legally enforceable, spells out what the Society believes to be fair pay rates for freelance magazine photographers. One by one, magazines sign the agreement, and the publishing industry is forever changed.
1956
Asked to join ASMP, French photographer Henri Cartier-Bresson responds, “I am much honored of your proposal. I never belonged to any club, nor did my camera, but my trigger finger and I cannot resist your suggestion.”
1957
In a decision with far-reaching effects for the industry, the New York State Workmen’s Compensation Board rules that an ASMP member who was injured on an assignment is entitled to workmen’s compensation benefits. ASMP worked hard to help establish this ruling.
1963
In a letter to President John F. Kennedy, ASMP’s Equal Rights Committee supports and urges passage of the proposed civil rights legislation, stating: “We are a well-informed and influential group of photographers whose pictures inform and thereby help to mold public opinion. We are behind you one hundred per cent in this fight and rest assured that we will doeverything in our power to make sure that Civil Rights legislation becomes a reality and that the word Democracy will take on a deeper meaning for all Americans.”
1967
The issue of residual rights to images shot during a magazine assignment is raised and vigorously challenged by the magazine industry. ASMP’s answer: a “Declaration of Conscience” stating that “reproduction rights and ownership belong to the photographer; that each use of a photograph must be compensated for; that limitations on a photographer’s freedom to reuse his own creations must be related to the purpose and protection of the publication and must be limited in time; and that no ASMP member or unaffiliated photographer should agree to terms inconsistent with the resolution.” A two-year battle with Time Inc., is waged, and many ASMP members jeopardize their livelihoods before this basic right is recognized by the publishing industry. The stock photography business, and the benefits photographers realize from it, is a direct result of ASMP’s stand.
1971
The Society changes its name to “ASMP — the Society of Photographers in Communications.” Within three years, the Board and members decide to get rid of the second part of the new name, retaining simply the original ASMP.
1976
ASMP requests union status from the National Labor Relations Board. The NLRB denies the request, saying that ASMP, a group of independent contractors, is officially a trade association.
1978
After years of tireless effort on the part of ASMP staff and officers, the Copyright Act goes into effect, placing ownership of a photographer’s creative work back in the photographer’s hands. Every creative freelancer working today owes ASMP an enormous debt for this brave and costly effort.
1988
Through ASMP’s efforts the IRS’s Uniform Capitalization Rule is rescinded.
1991
ASMP completes the 10,000 Eyes project which culminates in the publication of a large format book and production of a highly acclaimed photo exhibit. (The next year, the exhibit, shipped to Russia for a photographic festival disappears. St. Petersburg contacts say the exhibit is in storage. It is never returned.)
At the insistence of president Vince Streano, the ASMP board approves establishment of a Legal Action Fund, a legal war chest.
1992
The Board of Directors votes to change ASMP’s name to American Society of Media Photographers, retaining the ASMP acronym but replacing the word “Magazine” to better reflect the diversity of work done by ASMP’s members.
As a result of a referendum, the election of ASMP president will be in the hands of the elected Board, not by membership at large. This also applies to first and second vice presidents. Board size is reduced by 3 directors, to 17.
ASMP campaigns against clip art/royalty-free images, pointing out the pitfalls and price-lowering potential of CD-ROM clip art.
The National Board approves the ASMP Code of Ethics.
1993
ASMP testifies before Congress on the Copyright Reform Act of 1993. This important legislation, if passed, would give photographers greater advantage against copyright infringers.
The Board decides that the Society’s constitution, first drafted in 1944 and patched up over the years, will be rewritten. The goal is to produce a less voluminous document than the current 21-pager and in less specific language.
ASMP helps produce a guide on California child pornography laws following the infamous Jock Sturges case. The guide is sponsored by ASMP and APA and written by ASMP president Matt Herron.
ASMP relocates to Princeton Junction, New Jersey.
ASMP’s Business of Images teleconference is broadcast from the Newhouse School of Communications at Syracuse University to 473 registered downlink sites.
1994
The House passes the Copyright Reform Act, which was opposed by publishers and photofinishers, but the Senate does not.
ASMP and the Picture Agency Council of America, PACA, sign a joint statement on photographer/agency ethics and responsibilities.
ASMP launches the Strictly Business seminar series, sponsored by Kodak and spearheaded by ASMP education director Emily Vickers.
ASMP’s 50th celebration in New Orleans is a great success; President Bill Clinton sends ASMP a letter of congratulations.
ASMP works with the Bureau of Land Management to clarify the permit situation for photographers shooting on public lands.
ASMP’s new The Business Bible is published and distributed to members.
1995
The Board commends Time Inc.’s efforts to work with photographers in developing an electronics rights policy, but does not agree with Time’s interpretation of the copyright law. The Board decides to develop ASMP’s own electronic rights policy.
The Board approves formation of a Connecticut chapter, bringing total nationwide to 37.
Specialty (special interest) groups are promoted within ASMP for sports, architectural and photojournalism shooters. Special theme issues of the Bulletin are dedicated to these groups.
Members vote “yes” on a new constitution, the first complete revision since 1985, completed by Reagan Bradshaw. Members also vote honorary memberships to Cornell Capa and Howard Chapnick. Board size is reduced from 17 directors to 15.
1996
ASMP appoints Victor Perlman as ASMP’s first full-time general counsel.
ASMP expands its international alliances, attending meetings from the Pacific Rim to Europe.
The Rock and Roll Hall of Fame files suit against ASMP member Chuck Gentile for alleged trademark infringement on a poster photo. ASMP gives Gentile legal support and later files an amicus curiae brief.
1997
ASMP launches its new seminar program, ASMP Means Business.
ASMP underwater photographers specialty group is formed.
ASMP ceases printing a membership directory, instead placing emphasis on its Web-based search facility, Find a Photographer.
The U.S. District Court in the Southern District of New York finds in favor of publishers in Tasini et. al v. NY Times et. al., a blow for authors. The Court holds that electronic versions of magazines are revisions of collective works permitted under Section 201c of the Copyright Act with no permission required from authors or additional payment to authors.
ASMP severs ties with Eastman Kodak citing Kodak’s disregard for the interest and rights of professional photographers. The inciting incident is a solicitation by Kodak staff photographers for commercial work. ASMP claims this threatens photographers’ rights. The issue is reported in The Wall Street Journal, sending rumbles through the industry. Early the next year, ASMP and Eastman Kodak reach agreement, with Kodak pledging to work with ASMP on changing copyright legislation, revising hiring practices and other initiatives.
1998
ASMP introduces a new college curriculum, Professional Photographic Practices, more than eight years in the making and pilot testing.
1999
ASMP launches an effort to increase editorial rates, producing a White Paper on the subject.
The California sales tax issue is revived, with ASMP supporting the effort to exempt the licensing of usage rights from the tax.
ASMP criticizes, and writes to, Time Inc. over its Standard Photographer’s Agreement; offering to help draft a more equitable agreement.
ASMP declares June 23, when the US Supreme Court decides on sovereign immunity, as a “day of infamy.” The decision means that state governments and their subsidiaries can use copyrighted works without permission.
ASMP buys a 4,100 sq.ft. building in Philadelphia for its national office, with relocation from Princeton Junction taking place in mid-October.
ASMP members lead the way in protesting the famed Monterey Bay Aquarium’s work-for-hire policy. The Aquarium invites specific examples, and offers to address concerns.
U.S. District Court judge Patricia Gaughan throws out the Rock and Roll Hall of Fame’s suit against Chuck Gentile.
Freelancers are given a stunning victory when the U.S.Court of Appeals for the Second Circuit reverse the U.S. District Court;s decision in Tasini et. al.v. NY Times et. al, directing the district court to enter judgment in favor of the authors in the case centering around online use of works originally used in print media.
2000
ASMP applauds Copyright Office efforts to simplify copyright registration. ASMP has been working with the Office for nine years on this effort.
Intervention by ASMP at the Kodak Albuquerque International Balloon Fiesta reverses language in the photographer application, dropping language that requires permission from the Fiesta for photo usage.
ASMP gets involved in a battle with The Boston Globe over the paper’s proposed freelancers’ contract, which is, in ASMP’s view, an all-rights grab attempt and a lose-lose deal.
ASMP sponsors a meeting of the heads of various photographic organizations and subscriber lists —EP, APA, PPA and NPPA — leading to an agreement to work toward standardization of forms and other mutual goals.
Trade associations including ASMP unite in the high profile ETW v. Jireh Publishing suit —The Tiger Woods Case — involving a limited print edition showing Woods’ image.
The Appellate Court in San Francisco rules that a product shot is entitled copyright protection, a win for photographer Joshua Ets-Hokin who was supported by ASMP in this suit.
Legendary New England photographer Arthur Griffin, 97, one of ASMP’s oldest living members, gives $10,000 to the ASMP Foundation, the single largest contribution by an individual in ASMP’s history.
2001
New regulations for registration of groups of published photographs are signed by Register of Copyrights Marybeth Peters, concluding a 10 year effort by ASMP.
ASMP supports a fund set up to help photographers affected by the terrorist attacks of September 11; no ASMP members are hurt in the attacks.
The ASMP board approves a new wide-ranging strategic plan as its “road map” charting ASMP’s goals for the next few years. Stated mission of the new plan: “ASMP will create sustainable information, advocacy and communications systems designed to empower independent publication photographers.”
2002
Photographer Leslie Kelly wins an important case against Web crawler Ditto.com (a/k/a ArribaVista). The court decision means copyright owners worldwide have case law on their side against search engines that display images on their sites without permission. ASMP was in Kelly’s corner from the outset.
Philadelphia photographer and past ASMP president Eugene Mopsik is appointed ASMP executive director to fill the end-of-year vacancy left by veteran executive director Richard Weisgrau’s decision to not seek contract renewal. Mopsik’s appointment concludes an extensive nationwide search.
The ASMP Board, with new president Stanley Rowin, announces sweeping changes including a new logo, revamped Web site, and streamlined online Internet presence for the Society in the years ahead.
2003
After more than six months of negotiations, ASMP and the American Institute of Architects (AIA) sign a Memorandum of Understanding and approve a new limited form regarding use of photographs created by ASMP members submitted in connection with AIA’s award programs. The matter is brought to a head when members of the ASMP Architecture Specialty Group lobby hard on the issue and secure the signatures of 167 photographers on a letter expressing displeasure with the then-current terms and conditions.
ASMP is instrumental — through financial support as well as legal consultations and an amicus curiae brief — in helping photographer Jerry Greenberg win his copyright infringement appeals case against National Geographic magazine, with statutory damage awards of $100,000 for each of four images used on a CD-ROM issued by the publication without acquiring additional rights from or offering additional payment to Greenberg.
Discussions between ASMP and the Transportation Security Administration (TSA) lead to a major break for working photographers and other members of the traveling public who will now be permitted to take an additional piece of carry-on baggage containing photographic equipment when they board their flights. This accommodation makes travel easier for photographers with sensitive and valuable equipment.
2004
Susan Carr becomes ASMP president, making her only the third woman in the Society’s 60 year history to hold that title.