COPYRIGHT: WHERE NEXT?

Chris Shain

"We should not forget that as the result of Nancy Cohen refusing to take photographs for the Rocks Authority -- because they wanted copyright on her images -- the ACMP indirectly came into being.

We should also remember that the issue of copyright has always been a long term affair.

The Federal Government knows that every twelve months, the Federal Board of the ACMP comes and goes.

They also know that every four years, politicians do the same thing and, with some notable exceptions, believe that copyright is a low priority issue and, perhaps, if they wait long enough, like a bad smell, it will go away.

The only way we will ever win on this issue is by displaying a united front by teaming forces with kindred organisations -- such as the AIPP and AGA -- and endless determination and patience ."

Section 35 (5)

Over the last twelve months, the ACMP & AIPP have jointly been active in lobbying the government on the changes we need to section 35(5) of the Copyright Act.

We became aware that there was a chance to get the changes attached to a bill that is proposed to amend the Copyright Act.

Moral rights:

The Senate referred this bill to it's Legal and Constitutional affairs committee which held public meetings at Parliament House in Canberra on 18th and 19th August this year.

We attended these meetings -- along with the playwright, David Williamson, who spoke extremely well on behalf of the writers -- although what he said could refer equally well to photographers!

Despite indications that we would be unable to give evidence, we were included and we put forward our position that 35(5) should be changed, with this current legislation.

However, the present Government seems to have rather more pressing business on it's books at the moment -- so we shall see!

This bill honours the present Liberal Government election commitment to continue with the previous Labor Government's introduction of Moral Rights legislation. Unfortunately, some new concerns have been raised for photographers, because the Liberals have included a waiver position, which makes the whole notion of Moral Rights useless.

Ad agencies, again:

We had to listen to lawyers for the ad agencies and advertisers trying to explain how the concept of trying to get permission to alter, reuse, credit, etc. would make the whole industry unworkable. They want a special clause that says any creative work for advertising was automatically exempt!

We have lobbied strongly, along with other arts and creative based organisations to have this waiver removed. We hope that Labor and the Democratic Parties will not allow this legislation to be passed with the waiver intact.

The Labor and Democratic Parties:

The latest news is that the Labor and Democratic members minority report to the Senate recommends that a change to 35(5) should be made -which is a major step forward.

This is the first time that politicians of any party have actually put pen to paper supporting our position. However, the majority report, which is written by Government Members, does not include any reference to 35(5), so we still have a fair way to go.

We continue to take opportunities to talk about professional photography and the problems that we have with copyright -- the latest being on 7th Nov, when I was invited to speak at the 8th Copyright and Practice Symposium.

This was attended by some 120 leading lawyers, copyright practitioners and government officials from around Australia.

Throughout all this, I have been working closely with AIPP Chairman, Mark Fitz-Gerald, and ACMP copyright stalwart, Nancy Cohen.

We have spent many days wearing the carpet thin between Sydney and Canberra, lobbying Politicians and Bureaucrats, including:

• Senator Lynne Allison (Dem., Vic.) 1st Aug.
• Senator Schaadt (Lab., SA.) 7th Aug.
• Senator Cooney (Lab., Vic.) 19th Aug.
• Senator Abetts (Lib., Tas. - the adviser to
• Senator Harradine (Ind., Tas.) 27th Aug.
• Senator McKiernan (Lab., Vic.) and senior
• lawyers of the Attorney Generals Office.
• Senator Helen Coonan (Lib., NSW.) the
• adviser to Senator Bolkus (Lab., SA.)

Get it in writing!

Don't wait for the copyright law to change, start negotiating and use contracts now.

The main message, to all photographers big or small, is to use written contracts or letters of agreement for every job you do, because if you don't do it with your clients now, it will be forced on you sooner or later.

Start talking to, and negotiating with your clients about copyright and usage. Start asking them what they propose to do with your pictures, when they are going to pay, along with other bits of useful information that will ensure your survival. And then get it in writing.

Start negotiating now!

We are supplying a unique and special talent to our clients -- every time you shoot a picture you are creating something that has lasting value.

Don't sell yourself short as an hourly rate, button pusher.

Chris Shain, Federal
Chairman ACMP

This website copyright 2005 ACMP - PO Box 779 North Sydney NSW 2060 Australia
Ph. +61 2 9025 3975    Fx. +61 2 9025 3990 Email: secretary@acmp.com.au
All individual photographs copyright the photographer concerned