The Copyright Fight – David Bailey weighs in…

Today is the day when the UK Government could vote to include a seemingly innocuous clause in an otherwise largely uncontroversial piece of legislation that will not only harm our industry but also place this country at odds with a vital international treaty. It is upsetting, bizarre and unnecessary to the point of being farcical.

The BPPA has been trying very hard to get the Government to see sense and drop the copyright clause from the Enterprise Regulatory Reform Bill for a while now. In a world where the intervention of a celebrity can unclog jams and open doors we decided to ask UK Photography’s biggest celebrity, David Bailey, to write to cabinet members on behalf of all owners and creators of intellectual property. He decided to write to George Osborne MP, The Chancellor of the Exchequer personally and he has given us permission to circulate that letter as widely as we wish – and here it is…

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David Bailey’s letter to George Osborne MP

The text of the letter in full:

Dear George

I am writing because I am appalled at what the government is doing to our rights in the ERRB (Enterprise and Regulatory Reform Bill). Why the ERRB by the way? Why can’t copyright be dealt with properly in a proper Copyright Bill? I’m told everyone will be able to get their hands on our so-called “orphans” so libraries and museums can publish old photographs whose authors have long been forgotten. But never mind what’s lying around on dusty old shelves, what about the millions of “orphans” that are being created now every day!

Why? Because social media, and everyone else for that matter routinely strip our names and contact details from our digital files. They simply should not be allowed to get away with this. They can because our government refuses to give us the right to our names by our pictures (Moral rights). So now commercial organisations will be allowed to make money from our “orphans”, but not us, the creators.

This legislation should never have been even considered without first giving us our moral rights, and is contrary to our rights under the Berne Convention. Why the rush? A scheme, the Copyright Hub – a scheme backed by the government – is being developed to ensure that those who wish to find our pictures can not only do so quickly online, but also find the contact details of the pictures’ owners. You are about to put the cart before the horse.

I’m told the real reason for speed is that “releasing” orphans will create growth. We all understand the need for growth. But where’s the evidence? The seemingly impressive financial figures presented originally in the Hargreaves Review have mysteriously had to be revised – down by 97%! Which now apparently amount to no more than 80p per taxpayer per year. Given the damage this legislation will now cause to taxpaying creators, damage no-one has so far taken into account, the effect of this legislation on economic growth will in fact be negative.

It’s not too late to think again!

Best,

David Bailey

Another open letter to Professor Greenslade

An Open letter written by Chris Eades – a member of The BPPA’s Board in response to Professor Roy Greenslade’s inaccurate blog on The Media Guardian website:

Dear Mr Greenslade

I am writing on behalf of your photographic colleagues in the British Press Photographers’ Association to express our disappointment and frustration at your recent series of articles about “paparazzi” seeking to photograph Vicky Pryce while in prison.

I regret to say that the suppositions upon which you have based your article are for the most part untrue, with the result that your subsequent analysis and opinions are based on an ignorance of the facts.

When photographers sought to correct your mistakes and question your motivations in slurring your colleagues you responded not by seeking the truth, but by turning off comments on your blog to disable further criticism.

As someone who lectures in journalism, and presumes to lecture his peers on ethics, it is distressing that you have made no effort to substantiate the facts – but have chosen instead to rely on rumour, supposition and lazy stereotypes with the unfortunate result that you have thereby reinforced those stereotypes.

For your information we have laid out below the true events surrounding the taking of pictures of Pryce, and have sought to address the questions that you raise about the implication of these events.

In short – No laws were broken, the PCC code was adhered to and there is a strong case that a govt minister and his wife both being jailed for criminal offences is a valid news story, strengthened by the perception that Pryce is receiving preferential treatment by being transferred to open prison less than a week after being convicted.

You question the legitimacy of photographing convicted criminals in prison – but there is a long tradition of doing so. Myra Hindley, Jeffrey Archer, Sarah Tisdall, George Best, Rose West, Ernest Saunders, Maxine Carr, even Dr Crippen have all been photographed in prison.

If you think this is wrong then campaign to change the law, or the PCC code – but please don’t vilify your beleaguered photographic colleagues for legitimate news gathering.

We respectfully request a correction in full – with equal prominence to the original articles.

Yours

Chris Eades
On behalf of the BPPA Committee

THE TRUTH

The true events surrounding the pictures on Pryce at Sutton Park prison are as follows.

On sunday 17th The Sun ran a story that Pryce had been transferred to an open prison after less than a week in prison. This is unusually soon for a prisoner, even on a short sentence, to be moved – and raises the legitimate question is Pryce receiving preferential treatment?

Five newspapers dispatched staff / regular freelances to the prison to try to obtain pictures of Pryce in her new surroundings. All of the photographers were news photographers, not paps, on wages for the day and acting under instruction of their respective picture desks.

(For clarity I define news photographers as those who photograph individuals in the news, as opposed to paparazzi who concentrate on celebrities. These may overlap but it is a good general distinction).

There are several points where pictures could be taken at Sutton Park, without the need to trespass on private property. The easiest of these is from the grounds of the church which overlook the rear of the prison.

Security staff at the prison became aware of photographers presence fairly early on the sunday, and came over to ask who they were and what they were doing. They were asked to not enter the prison grounds and to be relatively open with their activity so as not to cause security concerns. No request was made for them to leave.

On the Monday they were joined by two more photographers from Fame/Flynet – who joined the existing crowd in the church yard and on a footpath that provides a view of the front drive.

Photographers also met a man wearing a dog collar, who they assume to be the vicar. He passed the time of day with them but again did not at any time express concerns at their presence or request that they leave.

The photographers were openly present in the church grounds, in full view, and with the knowledge of both prison and church authorities.

On Wednesday 20th photographers spotted Pryce being escorted to an outbuilding which they took to be a library or education centre, roughly a hundred yards from the church yard – and took pictures which subsequently appeared online and in the next days Sun, Mirror, Mail and Telegraph. All photographers present got images. Flynet were fortunate to get the best angle, and subsequently the majority of the publications.

These pictures were taken openly from from the churchyard, with the knowledge of church and prison authorities – neither newspaper or agency photographer used subterfuge or trespassed on prison property. Very long lenses were not used, the distance being relatively short.

After the first of these picture appeared online the PCC forwarded a letter from Pryces family asking that photographers withdraw. The photographers had infact already pulled back, having got their picture. To the best of my knowledge none has returned to the prison since.

I know this account to be true – as I was there. I understand that Jim Bennett has also explained much of this to you in person.

ADDRESSING THE CRITICISM

In your first article you publish a series of untruths and make a number of suppositions as well as posing a number of questions.

You state that prison officers “prison officers asked the paparazzi to go away and allow the woman to serve her eight-month sentence for perverting the course of justice in peace” – This is factually untrue, no such request was made at any stage, either by prison officers or by the prison officers press liaison officer who came over for a chat.

You state that – “There is, of course, no proof that any newspaper commissioned the photographers. It is highly likely that the snappers turned up on their own initiative.” This supposition is untrue, at the point when this article was written the ONLY photographers in attendance were in fact working directly for papers.

You also pose the questions:
Is it in the public interest to take pictures of a person in jail?
Is it against the editors’ code of practice?
Is there a law against it?

Photographers working for papers do not as a rule get asked for their views on ethics, these being generally reserved for greater minds in nice warm offices. We tend instead to deal with the practical application of the rules on the ground.

But in answer to your first question “Is it in the public interest to take pictures of a person in jail?” the consensus between those on the ground was that it was questionable whether Pryce was receiving preferential treatment – and as such was a valid news story. The majority of editors with access to the pictures agreed.

In answer to your second question “Is it against the editors’ code of practice?”
You yourself admit that you are unclear as to which part of the code this would breach. The PCC advisory draws newspapers attention to section 4 harassment which states “ii) They must not persist in questioning, telephoning, pursuing or photographing individuals once asked to desist.”
As I have explained nobody at any stage asked photographers to desist or leave – until the advisory was issued by the PCC, by which time the photographers had already got their pictures and departed.
SO in answer to your question – In our opinion the PCC code was studiously observed.

As to your third question “Is there a law against it?”
No there isn’t

So to sum up the pictures are arguably in the public interest, do not breach the PCC and are not against the law. You have every right to debate this view – but you should make clear that these decisions are made by our bosses, rather that choosing to stereotype and vilify your news gathering colleagues.

When your original article was published a number of photographers commented on your blog that you had the facts wrong which you chose to ignore – choosing instead to repeat your allegations a day or so later, but this time disabling comments to prevent anyone challenging your inaccurate and biassed account.

Furthermore, while we are debating journalism ethics, may I take the opportunity to deplore your decision to publish an unattributed and cowardly attack from an “anonymous” press photographer. An attack full of inaccuracies, from someone who wasn’t even there.
(we all know an anonymous source usually means “my mate in the office” or “I made up these quotes”).

How can you justify publishing a cowardly attack without verification while censoring responses from photographers who were there?

The Copyright Fight

As the song goes ‘There may be trouble ahead’…except this time there is no ‘maybe’ about it. For those that recall the less-than-wonderful “Clause 43” of Labour’s “Digital Economy Bill” which proposed to legalise the use of Orphan Works and Extended Collective Licensing – well, despite its defeat it’s back and this time it’s personal.

Hidden away in a completely unrelated Bill – namely the ERRB (the Enterprise and Regulatory Reform Bill) – are pretty much the same clauses that got thrown out before. The IPO (Intellectual Property Office) – a bunch of Patent-based Civil Servants in the fashion of Sir Humphrey from “Yes Minister” – were so miffed at their attempt to undermine photographer’s copyright being defeated that they’ve snuck their insidious plans back into Parliament hidden in a bill that has absolutely nothing to do with copyright.

There are many reasons why every photographer should be up in arms about this and we’ll list them below summarized by people who know far more about this than myself. The really, really important thing is that we still have the opportunity to send Sir Humphrey back to his Gentleman’s club in Pall Mall with a flea in his ear. They think it’s all over but it bloody well isn’t.

We still have time to effect change to the bill and even get the clauses thrown out (they shouldn’t be there anyway) but we have to act fast. We have to lobby the Lords and then we need to start a firestorm on our MP’s.

Interestingly we have some strange bedfellows as allies on this one including The Associated Press, Getty Images, Reuters, British Pathe, The Press Association, and the Federation of Commercial and Audiovisual Libraries, who have formed the International Media & Archive Consortium. They are threatening a judicial review should the bill become law, but it would be in everyone’s interest if it didn’t get that far.

This affects everyone who works in this country with a camera in their hands.

You all have to take the time to read what it means for you. Even if you just read the summary we’ve provided you’ll garner enough information to include in a letter to your MP or one of the Lords listed.

But it really is in our/your hands to do something for the good of all photographers working in the United Kingdom whether they know it or not.

Eddie Mulholland.

The proposals hidden in the Enterprise and Regulatory Reform Bill would do very serious damage to the livelihoods of UK photographers if adopted. We believe that the clauses should be removed rather than amended because:

  1. They should be subject to full parliamentary debate, not buried in someone else’s bill and secondary legislation.
  2. They rob photographers of their rights.
  3. They would not create economic growth, they would damage it.
  4. They break international law.
  5. They would be subject to judicial review even as they are passing through the Commons.
  6. They allow no room for the new “Copyright Hub” concept which, given time to get working, would deal with most of the problems.
  7. They are no substitute for a dedicated and properly considered Copyright Bill – this is nothing more than a rights-damaging fudge proposed by the Intellectual Property Office.

At some point the IPO should learn to realize that the intellectual property that they are supposed to look after is not only that of big business, inventors but that of hundreds of thousands of small businesses and sole traders whose combined worth to the UK’s economy is substantial.

See a fuller explanation on The BPPA’s website

Follow Stop 43 - the campaigning group who did most to stop the orphan works clauses in the Digital Economy Act

The BPPA and The Leveson Inquiry in 34 minutes.

Three submissions, a lot of reading and an awful lot of discussion came down to a 34 minute appearance at The Leveson Inquiry today (Tuesday 7th February) afternoon. Was it worth it? Right here, right now the answer has to be a truly resounding ‘YES’. Our case has been outlined before; we wanted to impress on the world that there can be a huge difference between a professional press photographer and a bloke with a posh camera.

We wanted to make Lord Justice Leveson and his Inquiry aware that we are willing and able to be to be part of the process of finding solutions to the issues highlighted in the early evidence at the hearings. Most of all we wanted to highlight the four-pronged plan that we have developed to help ensure that photographs published in the UK news media have been checked thoroughly so that they comply with every law and ethical code that applies to that media in that situation.

Sitting there in the same chair that Paul Dacre, Editor in chief of the Daily Mail had occupied for the best part of four hours yesterday and that the familiar cast list of celebrities had sat in right back at the start of the formal hearings in November was more than a little nerve-wracking. Not so much on a personal level – but representing hundreds of honest, hard working and highly professional colleagues. If that wasn’t bad enough, the editors of The Times and The Sun were up after us!

We really cannot talk about today in terms of winning and losing but it seems that we have made our point and we know that Lord Justice Leveson himself said that

“Mr Turner, thank you very much indeed. Responsible photographers, like responsible journalists, are not part of the problem and they do need to be part of the solution. Thank you very much.”

If, after today, the industry takes us more seriously and if, after today, we are allowed a voice on issues that directly affect the lives, careers and reputations of professional press photographers then maybe, just maybe we can think in terms of a (small) victory.

Of course the 34 minute white knuckle ride was made a lot easier by the quality of our argument and the sentiments in our submissions.

The BPPA’s Board worked hard on this and there are a lot of people to say ‘thank you’ to. So to everyone who contributed, everyone who tweeted and re-tweeted about our submissions and liked our Facebook page. Thank you. It turns out that it was a pleasure to be your representative!

Links to the content of our appearance: TRANSCRIPT VIDEO

Current affairs…

A group of photographers that I am teaching have got exams next week and there is a good chance that they will get one question on “current affairs” in the world of photography. Drawing up a list of potential topics I suddenly realised that there have been a lot of issues that affect us over the last year or so and I wondered how many working photographers will be totally up to date on all of them.

That got me thinking again (it’s turning into a bad habit) and I started to realise that anyone who bothers to take part in or even lurk around the countless web and email based discussion forums will probably be OK but that anyone who just gets up, does their job, sends in the invoice and then gets on with their life probably won’t be OK. These days, you have to work very hard to keep up to date but for those of you who are interested, here is the list that I came up with:

  • The Leveson Inquiry into the ethics, culture and practices of the press
  • Privacy laws
  • Photographers and the coverage of the recent riots
  • How the media deals with the repatriation of the bodies of dead servicemen and women
  • The Royal wedding(s)
  • What is a paparazzi and how does the public perception of the affect how we work
  • Real world health and safety for photographers at home and overseas
  • Citizen journalism and how to deal with it positively
  • The UK Press Card: its history and its place in the industry of today
  • What the 2012 Olympics will mean for all of us
  • Sports and entertainment licensing
  • Section 43, clause 44 and the current moves towards collective licensing

Not a bad list and I’m sure that there are other current topics that we all need to know about to do our jobs properly. We all know that the laws around police/media relations, copyright and human rights are having huge effects on our daily working lives. Has there ever been a time in the history of news photography where so much has to be known about so many things by so few?