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Newspapers and creators clash. Creators' organizations fight back

Newspapers around the country have been issuing new agreements to freelance contributors. These agreements are most often unilateral declarations written by the newspapers, which get the sole advantage from the agreements. This advantage usually comes in the form of increases in the rights of the newspapers to use the work created by freelance contributors more widely without any increase in the fees paid. There is no bargaining. The newspapers usually take a tack that, if the creator does not agree, he or she will not be given any more assignments. For the creator it is a difficult choice, either sell more for the same money or stop working and doing what is so much a part of your being. It is a no win situation for the creator. Go broke or feel exploited is not a good menu of choices.

Newspapers cite the poor economy, the decline in newspaper revenues and readership as the reason for their actions. Creators wonder why they are singled out to be the focus of savings. Newspaper executives are not taking pay cuts nor are other suppliers being forced to renegotiate their fees. Can you imagine the reaction if the newspapers tried to cut the salaries of their union employees? It is easier to force people off the payroll and use freelance help to replace them.The law prohibits the freelancers from banding together to bargain as a unit. The law considers them to be independent businesses, and therefore no different from the newspaper that use their services. The antitrust laws, which were written to protect the people from big-business are now protecting big- business from the people. Creators are looking for solutions.

Creators’ associations are giving moral, logistical and financial support to the thousands of Davids that are facing off against a few Goliaths in an attempt to stop this trend of abuse. It is an uphill fight. As efforts to reverse the trend continue, creators’ organizations are looking for better ways to mobilize their constituents into an effective market force. Antitrust exemptions, cooperative enterprise, and association representation are the big-ticket alternatives that are being studied or developed.

Work refusal, picket lines, letter writing campaigns, and directed PR are the conventional tools available. In one case, legal action has been employed. The results of all of this are yet undetermined. However, one thing is certain. The newspapers aren’t the good guys.

Some of the active campaigns underway are reported below. The acronym soup can be strained through this list of associations.

• ASJA American Society of Journalists and Authors
• ASMP American Society of Media Photographers
• BGFA Boston Globe Freelancers Association
• EP Editorial Photographers
• GAG Graphic Artists Guild
• ICW Illustrators Club of Washington, DC
• NWU National Writers Union
• WIW Washington Independent Writers

Boston Globe
BGFA, NWU and ASMP are working together to force the rescinding of an onerous contract that has been forced on writers and photographers under threat of signing it or never working for the paper again. The contracts terms were non-negotiable. Writers and photographers have filed a suit to block the use of the contract, since the Globe would not agree to drop the agreement’s retroactive provision. Under that provision, the Globe not only secured more rights for the same fees going forward, but also received more rights for any work done for the Globe in the past without additional payment. NWU and ASMP are both funding the suit and working with BGFA on grass roots efforts to reverse the Globe’s position.

Washington Post
This is another onerous contract with unilaterally decided terms and fees. Unlike the Boston Globe contract, the Post’s effort contains nothing that is legally challengeable on its face. It is a legal indentured servitude agreement. Joining in the effort to reverse this contract are ASJA, ASMP, EP, GAG, ICW, NWU and WIW. Initially, the Post entered into some discussion with freelancers, but when freelancers expressed their need to be paid for the additional value that was being demanded of them in the contract, the Post became unresponsive and the talking stopped. Creators’ organizations are now working on strategies to combat the Post’s efforts and unwillingness to be fair.

The New York Times
This is the newest bad deal. It is not a new agreement. The Times has taken a different tack to improving profits. Instead of getting more use for the same fees, it has just cut the rate of compensation to freelance photographers by about one-third, citing the bad economy, and suggesting that it will take a look at the situation when the economy improves. Can you imagine what would happen if they did that to their staff photographers who are represented by a union? Freelancers can’t have unions, and that makes them the easiest target in the supply chain. APA, ASMP, EP and PPA have teamed up to combat this one, and a joint letter has been sent to the Times urging them to reconsider.

These coalitions have been formed out of necessity because of the actions of oppressive publishers. Creators groups continue to search for ways to develop market force, and until that force is developed, David has to search for rocks that can hold the giant off. When David is armed with more than a slingshot, maybe he can drive Goliath backwards. Creators are being reduced to the plight of share croppers. Eventually they are forced off the land. New solutions are needed to preserve creators’ contributions to our society. Creators’ organizations are trying to find or create those solutions.

For the ASMP
Richard Weisgrau
Executive Director
March 1, 2002

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