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10 Sep 02 - 11:43 AM (#780476) Subject: Union Writers/Artists stand together From: Alice If you write lyrics for a living, create art, or put pen to paper in order to put a roof over your head, you may be interested in the following information on the US House bill 4643. In recent time, large international publishing houses have absorbed so much of the publishing market that they have taken an unreasonable amount of control over the pricing and contracts for writers, photogrpahers, illustrators, and graphic artists. In the US, freelancers, who are independent contractors, have been adversely impacted by unreasonable contracts and drastically reduced fees set by the few existing large publishers. Artists cannot discuss between themselves and come to an agreement on minimum fees because that would be considered collusion. The following is a letter from the director of the Graphic Artists Guild: _________________________________
On behalf of the Graphic Artists Guild I would like to answer some basic questions about the Bill, HR 4643, commonly referred to as "The Conyers Bill".
Why do we need this bill?
As you know, many large media companies and advertising agencies have adopted take-it-or-leave-it contracts that include work for hire terms or a grant of all rights. It hasn't always been this way. Before the national and global media consolidations of the last couple of decades, artists negotiated fees based on limited use and retained all or most re-use rights. Now that the huge companies have been able to impose these unfavorable terms, even the smaller ones have followed suit, eroding standards and artists' protections under copyright across the board. Artists have had both hands tied in facing this corporate barrage, restricted by anti-trust rules that forbid even two artists from joining together to establish terms. This bill will enable artists to band together legally and level the negotiating playing field.
- Would I have to be a member of the Graphic Artists Guild to benefit?
Joining the Guild is always a good idea, but this bill makes no such requirement. The Guild will be well positioned because of its history, size, and experience to provide a number of immediate advantages to artists who want to negotiate with the corporate giants. But you will be free to join or form other groups for the purpose of negotiation under this bill.
- If the bill passes, would the Guild be able to represent me when I negotiate with my client?
It's doubtful that the Guild will ever be in a position to negotiate individual jobs with a client. What the Guild will be able to do under this bill is negotiate the general terms [such as artists retaining copyright ownership, minimum fees, minimums for specific types of re-use, etc.]. The market value for your specific work will continue to be determined by your unique talent and your ability to market that talent.
- Will the UAW continue to support the Conyers Bill if it is reshaped as a simple anti-trust exemption with the union language removed?
Yes. The UAW's Legislative Department is committed to assisting the Graphic Artists Guild and National Writers Union, both affiliate locals, in whatever way we desire. And both the Guild and the NWU understand that freelancers need a single legislative solution that will satisfy all writers, Illustrators and photographers groups.
That is why we have invited the leadership of all interested organizations to meet and discuss the bill in Washington, DC, on September 26. It is important that Conyers, his staff and other key congressional leaders directly hear the views of all concerned parties. It is Congress and the Senate, not the Guild, UAW or any other single organization that will draft the final legislative language and shepherd the bill through the legislative process. And, you can count on the UAW to support it.
- Does the Conyers Bill have to be approved by the UAW, after the Guild and other creative groups have rewritten it, before it is passed back to Conyers' office?
No, the bill does not have to be approved by the UAW, but this question misstates the process a bit. The Guild/UAW and other creative groups are proponents for a change in public policy. Congressman Conyers is the author of a bill to accomplish it. The job of the creators' groups is to come together to address our needs and concerns and arrive at language that is acceptable and allows us to be united behind it. The job of Conyers' staff is to take this input and draft the actual bill––and we need to be respectful of these people who are working on our behalf and let them do their part.
- If there are disagreements on the rewording of the bill, does the UAW hold veto power over the desires of the Guild membership?
No. The Graphic Artists Guild and National Writers Union were the initiators of this effort. The UAW and our two groups realize that the bill isn't going to pass without the sincere and active support not only of our organizations, but the rest of the creative community as well. The UAW, the Guild and the NWU will support the final bill with the understanding that it will certainly differ from the original bill drafted by the Conyers staff. Again, the UAW does not hold veto power over the Guild.
- What does the 'exclusive jurisdiction' in the Guild Constitution mean?
The Guild constitution was written around 1970, and was patterned after the constitutions of other similar organizations. Despite suggestions to the contrary, any organization's constitution is an internal document that has no governing power over anyone outside of the organization. The "jurisdiction" section has been in our Constitution for over thirty years without ever adversely affecting anyone or causing a dispute. Should we find that our constitution as written presents problems in relation to obtaining an anti-trust exemption, we are certainly open to revising it. A constitutional change requires a vote of our national board, the next meeting of which happens in October.
- The Screen Actors Guild requires its actors be among their membership in order to work. Is a similar union model being offered by the Guild and UAW as a solution to illustration's current problems and, if so will membership be required in order to continue to be a working illustrator?
Guild membership is and always will be voluntary. We are an organization made up and governed, by and large, by artists who operate individual businesses. We are committed by our mission to them, and to the industry as a whole. We believe that being a member of the Guild is in the best interest of every working artist and we will continue to encourage artists to join us and help make a difference. We will never do anything to block non-Guild illustrators from earning a living.
In Closing:
Working artists today face an extremely uneven and difficult economic landscape. Current laws favor the large corporate buyers of illustration. We are fortunate to now have the attention and sympathy of key policy makers. We should all recognize the courage of Congressman John Conyers and UAW's lobbying office to step forward to address the detrimental effects that anti-trust and media consolidation has had upon individual artists' ability to earn a fair living. Positive transformation is a very difficult process. It will require commitment, focus and willingness to work with others. We have a chance to make history happen. Please, let's all come together and take an active role in making this a reality.
In order that each of the creative freelancers' groups has an opportunity for input on this bill, Conyer's office has arranged a face-to-face meeting between our groups and the congressional staffers responsible for drafting the bill language, at the Rayburn Congressional office building in Washington DC on September 26th. The groups being invited to participate include Editorial Photographers (EP); National Press Photographers of America (NPPA); Advertising Photographers of America (APA); American Society of Media Photographers (ASMP); Professional Photographers of America (PPA), the Guild and the Illustrators Partnership of America (IPA). Representative Conyers' office will also extend invitations to other members of Congress, including Barney Frank of Massachusetts, who have expressed a willingness to work together on this.
This is our chance to provide meaningful input and insure that the language of the bill matches our interests and needs. Everything is open for discussion and we have the assurances of Mr. Conyers' staff that they want to produce a bill that the entire community can support without hesitation. We have made the invitation directly to the members of the above organizations, and we hope all interested parties will take advantage of this opportunity.
Steven R. Schubert |
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10 Sep 02 - 01:37 PM (#780547) Subject: RE: Help: Union Writers/Artists stand together From: katlaughing Thanks, Alice! I had missed this one when my NWU membership lapsed during our move. |
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10 Sep 02 - 02:56 PM (#780634) Subject: RE: Help: Union Writers/Artists stand together From: EBarnacle1 This is a very clear statement of why unions are necessary--to create at least a minimum standard of expectation for working conditions when there is a large enough class of workers to band together. The problems, as always is to get the workers to see that this is in their best interest. This issue will be brought to the Solidarity Committee of United University Professions during their meeting on the first weekend of October. |
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10 Sep 02 - 10:38 PM (#780947) Subject: RE: Help: Union Writers/Artists stand together From: Big Mick Very good, Alice. I was aware of this issue, and I am very glad that you have brought it to the forum. Issues such as control of ones creative property, increasingly are becoming a huge labor issue. Our beloved internet has created a new paradigm. I understand that, in fact I embrace it. But there are bedrock issues that should not shift, no matter how the medium changes. The ownership of ones work is just such an issue. I think what bothers me most is the idea that theft is OK because it is a new day. What the hell does that have to do with the writer, or the songsmiths, and their ability to support themselves by the fruits of their labor. Drives me crazy when folks try to rationalize it, like they will do by virtue of my posting this. Let me know if there is anything I can do to help. Mick |
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01 Oct 02 - 10:44 AM (#794772) Subject: RE: Help: Union Writers/Artists stand together From: EBarnacle1 refresh |