PHOTOGRAPHY BULLETIN: Sign Up Against Guardian Media Group Backdoor Copyright Grab

Photo © John Brown All Rights Reserved

Earlier this year photojournalist Kai Wiedenhoefer called photographers to action regarding the unfair Jahreszeitenverlag contract that the publishing conglomerate was forcing upon contributors.

Well folks, this baloney is happening again and this time Lightstalker Antonio Olmos alerted everyone to a troubling situation when he wrote, "You may have received an email from Chris Elliot, stating that GNM (Guardian Media Group), which owns the Guardian and the Observer are ending repro payments to all commissioned works as of September 1 2009."

"This means that from that date onward, they can use your images without compensation as many times as they want. For their purposes they effectively own it. A License to reuse your photographs for perpetuity without compensation is not a license but a backdoor copyright grab. They are not asking for that right, they are taking it."

You may want to read the freelance charter as well as Antonio's entire Lightstalker post then perhaps, you might want to send your objections to:

Chris.Elliott@guardian.co.uk
roger.tooth@guardian.co.uk
robert.hahn@guardian.co.uk
alan.rusbridger@guardian.co.uk

Further, you can sign a petition against this utter nonsense here.

"At a time when press photographers are suffering severe hardship as a result of the economic downturn, it comes as a further blow to be informed that Guardian News Media demands unlimited re-use of our photographs free of charge.”

IF YOU DON'T FREELANCE FOR THIS OUTFIT PLEASE SIGN THE PETITION TO TRY AND HELP THE MEN AND WOMEN WHO DO!

John Brown Photojournalist On LIGHTSTALKERS
My Mondo Library Photography

My Photoshelter Photography Archive Homepage

Shack Dwelling Urban Poor Are Scamming Money From Wealthy Land Developers In Cambodia According To Hun Sen Led Cambodian Government

Photos © John Brown All Rights Reserved

Back on Friday, May 15th, 2009 when I posted Photographs Of Cambodia's Housing And Horrendous Living Conditions, I had no idea that just a few days later a story related to this issue would appear in the May 21st, 2009 edition of the Phnom Penh Post.

In the article, an official of the Hun Sen led government would claim that people such as those depicted in my photographs are defrauding money from wealthy land development companies in the Kingdom of Cambodia.

Last month, Foreign Minister Hor Namhong told an audience in Lowell, Massachusetts, U.S.A "the squatters always demand money. When they get the money, they go build another hut to live in, then demand money again. They are professional squatters", according to media reports.

Why were these comments made in Lowell MA, of all places? Lowell is home to roughly 30,000 expatriated Cambodians, many of whom monitor political and social developments in their homeland.

Further, on May 21st, 2009 Phnom Penh Deputy Governor Mann Chhoeun told the Post that many squatters are not legitimate residents of the neighborhoods they claim to live in. "There are some professional squatters in Phnom Penh, and these squatters get compensation ... and then return to grab other land in order to seek other compensation," he claimed.

Now you have to hand it to these two government officials. Obviously they know how to conduct a coordinated media campaign designed to win the "hearts and minds" of Cambodians no matter where they live. Since the term "professional squatters" was used by both men, it's apparent neither slept through any of their "Propaganda 101" classes.

How about your own heart and mind, or those of housing rights advocates? Is the Cambodian government winning the "War On Squatters"? In the words of rights advocates the answer seems to be no.

Thun Saray, president of the Cambodian rights group Adhoc was quoted in the Phnom Penh Post article, saying, "The government's "professional squatters" are usually victims of inadequate relocation packages that give them little choice but to move on to places slated for development." Thun Saray continued, "When the government sends them to the outskirts, they cannot find a job," Thun Saray said. "They come back to Phnom Penh and try to find a place to live downtown, and then the government calls them ‘professional squatters'."

Other rights groups acknowledge that there are a few people who try to take advantage of eviction payouts, but that residents and NGOs refuse to help them. Dan Nicholson, the coordinator of the Center on Housing Rights Evictions' (COHRE) Asia and Pacific program, said in the Post article that contrary to Mann Chhoeun's comments, communities do not depend on NGOs.

"In all of the communities we have worked with, the driving force in the defense of people's rights has been the community itself," he said. Rachana Bunn at the Housing Rights Task Force said there might be a few opportunists but that Mann Chhoeun and Hor Namhong's comments are meant to distract attention away from the real victims.

"To state it like this is really inappropriate," she said. "The majority of people are real victims.... And in some cases, people who have a right to compensation don't receive compensation."

Residents of the Rik Reay community facing eviction say there were a small number of eviction speculators, but they were unsuccessful. Kong Sophea, a Rik Reay resident, said, "There were a few people who bought land and built a house in the location, thinking they would get compensation," adding that these people were "influential", but that they were unable to receive any money.

The Cambodian government is not alone in its criticisms of communities facing evictions. Hor Namhong and Mann Chhoeun's comments are similar to ones made by governments across Southeast Asia, according to Nicholson.

"Across the Asian region, it's not unusual for the government to vilify communities as professional squatters." No one was able to mention a specific case where a "professional squatter" received compensation.

So who is telling the truth here, the professional hut builders who use foraged plywood, plastic, paint cans, empty cement sacks and blankets to build their homes or the builders of large hotels, casinos, resorts and residential complexes who utilize exotic tropical wood, concrete, steel and glass?

All I can suggest is look at the photographs and my May 15th, 2009 post and decide who has captured your heart and mind for yourself.

John Brown Photojournalist On LIGHTSTALKERS
My Mondo Library Photography
My Photoshelter Photography Archive Homepage

Could Southeast Asia Learn About Press Freedom From John Peter Zenger?

Photo © John Brown All Rights Reserved

A Buddhist monk pauses at a news stand to read The Cambodia Daily in Phnom Penh, Cambodia.

Nearly 300 years ago, in 1733, a man named William Cosby was Governor of the colony of New York (now a state in the USA). Forty-three years before America's independence, the well-connected Cosby had been installed as New York's Governor by the Queen of England. Mr. Cosby was a corrupt man who is said to have looted treasuries, ripped off property owners and bribed legislators and judges. England's Foreign Office knew Cosby was a crook but needed to protect him lest they appear incompetent for appointing him.

Enter John Peter Zenger. The German born Zenger was a journeyman printer by trade who owned and operated New York's only independent printing press. Zenger learned the printing trade from William Bradford, a man who was contracted to print all official documents for the Governor, the New York Colony Assembly and the city Council.

Bradford played by the Governor's rules since he earned a good living from the contracted business while also printing New York's Gazette, the colony's only newspaper. The Gazette's content was controlled by the Governor's office and Bradford knew better than to rock his own boat by printing dissenting opinion.

When corrupt people hold high government positions, squeaky wheels always seem to begin turning before the government finds its grease so a group of New Yorkers decided to start a newspaper, a weekly called The Journal, containing news Bradford considered "unfit to print". Since Zenger ran the only independent printing press, it was left to him to print The Journal, a paper in which writers from opposition parties wrote about Cosby trying to rig elections, illegally fire judges and so forth.

The Journal also printed opinion about a new concept: a free press, and in doing so, became a new genre of newspaper for America. What was The Journal doing differently? In publishing news stories about government corruption, its articles explained that for the betterment and equality of all citizens, writing such pieces was important and justifiable.

Governor Cosby didn't like The Journal much so he had one of his henchman confiscate all the copies of the Journal and burn them on the steps of City Hall. The Journal of course told readers what happened in their next edition but Cosby had to figure out a way to silence The Journal. Since several of the paper's writers were anonymous, Cosby decided to arrest Zenger who, after all, was the paper's printer. During the nine months Zenger spent in jail awaiting trial on charges of seditious libel, Zenger's wife, Anna Catherine, printed The Journal, which she failed to print just once.

Since truth was not a defense against the libel of a public official in England or the colonies, the jury was only to decide if Zenger printed the "libelous material." The judge had no hand in determining whether the paper actually defamed Cosby. Due to more of Governor Cosby's chicanery, Zenger was temporarily without counsel until the colonies best lawyer, Andrew Hamilton showed up. He agued that the jury had the right to decide both the law and facts if it chose to.

Further, he argued that truth MUST be a defense against libel: "IF LIBEL IS UNDERSTOOD IN THE UNLIMITED SENSE URGED BY THE ATTORNEY GENERAL, THERE IS SCARCE A WRITING I KNOW THAT MAY NOT BE CALLED A LIBEL OR SCARCE A PERSON SAFE FROM BEING CALLED TO ACCOUNT AS A LIBELER. MOSES, MEEK AS HE WAS, LIBELED CAIN--AND WHO IS IT THAT NOT LIBELED THE DEVIL?"

Hamilton said in his summation, "The question before the court and you, gentlemen of the jury, is not of small or private concern. It is not the case of one poor printer which you are now trying. NO! It may in its consequences affect every free man in America. It is the best cause. It is the cause of liberty ... your upright conduct this day will not only entitle you to the love and esteem of your fellow citizens-- every man who prefers freedom to slavery will bless and honor you ... as men who have baffled the attempt of tyranny and by an impartial and uncorrupt verdict have laid a noble foundation for securing for ourselves, our posterity and our neighbors that to which nature and the laws of our country have given us a right: The liberty of both exposing and opposing arbitrary power by speaking and writing the truth."

Hamilton refused a fee after the jury proclaimed Zenger "not guilty".

In matters of libel in America, the jury is the judge of both the law and the facts. This principle continues to underpin the American publishing industry to this day.

I shared this little tale with you because although most Americans know the story of John Peter Zenger, there may be a few Cambodian's reading this that are unfamiliar with him. In Cambodia, journalists are still murdered, papers are shut down and national TV news is censored. Further, people are jailed for reporting about what OTHERS SAY about government officials, a stark contrast to the principles that are set forth in the Zenger case.

Cambodia ranked 85th in Reporters Without Borders (RSF) 2007 Worldwide Press Freedom Index, but that number deserves closer inspection. According to a November 7, 2007 article written by Salim Lamrani that appeared on the Centre for Research on Globalization's website, the 2007 index, laden with contradictions, is nothing more than a fraud…"

Lamrani claims, "Reporters Without Borders is not a reliable source" and receives funding from the CIA front National Endowment for Democracy (NED) as well as such entities as Center for a Free Cuba. Concisely, Lamrani theorizes that RSF ranks many countries much lower than where they actually should be listed and others much higher based on the prevailing winds of Washington D.C.'s foreign policy agenda and the money received by Reporters Without Borders from entities that support the plan.

In future posts I'll look for your feedback regarding Cambodge Soir's problems after citing a report prepared by Global Witness (GW) entitled Cambodia’s Family Trees, the murder of a Khmer journalist in Phnom Penh, a newspaper confiscation and a reporters arrest, so I felt that Hamilton's summation and Lamrani's comments might provide reference points for those who may want to look intently into the current state of press freedom in Cambodia and other Asian countries.

John Brown Photojournalist On LIGHTSTALKERS
My Mondo Library Photography
My Photoshelter Photography Archive Homepage

URGENT Photography And Photojournalism Bulletin: Sign Up Against New Jahreszeitenverlag Contract

The world-renowned award winning photojournalist Kai Wiedenhoefer has asked for help and we should all oblige him for our own good before it's too late.

The following is a slightly edited version of Kai's call to action posted on http://www.lightstalkers.org/

Here is a link to the original post:

http://www.lightstalkers.org/urgent-sign-up-against-new-contract%20/%20top

Sign the petition against the new contract of the Jahreszeitenverlag

The publishing house of the Jahreszeitenverlag (Verlag means publisher in German) handed out a new contract recently and every photographer who works for them is being coerced into signing it.

Jahreszeitenverlag has given photographers two choices:

1. Sign the contract (see terms below) or;
2. Don't sign the contract and not work for them.

The Jahrezeitenverlag is a major player in the German publishing industry with various publications. Their most well-known is the travel magazine “Merian” which also employs foreign photographers.


THE MAJOR POINTS OF THE NEW CONTRACT ARE:

1. ALL photographs produced during an assignment of the publisher must be given to the publisher. The photographs can then ONLY be used and distributed exclusively by Jahrezeitenverlag.


2. Neither the photographer nor photographers agent/agency retain any rights whatsoever to distribute any of the photographs shot during an assignment of the Jahreszeitenverlag.


3. The publishing house can use all photographs taken during an assignment for free and for any purpose in his publications. This applies also to the photographs distributed by the publishing house.

This means photographers lose virtually all ownership of their own work and say farewell to the copyright. The deterioration of working conditions has been going on for some time.

I ask EVERBODY to sign the petition of the German photographer association Freelens (an organization of 1800 photojournalists) against this new contract.

Please click on the following link. Although it is all German, its contents are explained below:


Here are a couple of links that should take you to the petition:


http://blog.freelens.com/2009/04/the-gravediggers-of-photojournalism/

http://blog.freelens.com/appell/petition/


Your email address won't be published.

Afterwards you will find a list of photographers who have signed up already. It hasn't been updated yet but there are more than 400 who have signed thus far.

I ask also EVERYBODY to spread this mail to colleges and especially to your AGENCIES, as they will cease to exist once this type of contract becomes common practice.

The best thing for the agencies would be to boycott the publications of the Jahreszeiten and not provide them with any pictures for the time being. Some photographers in Germany have already advised their agencies to do so.

It is essential for the survival of photographers that this contract is stopped because if it succeeds it is more than likely that this very contract will lead the way for other mayor publishing companies such as Gruner & Jahr (Stern, Geo) or Bauer (Focus Magazine) in Germany to offer the same type of contract. After that, these types of contracts will become global.

I know the general financial situation of photographers is dire and the businessmen and lawyers who work on these contracts are well aware of this fact as well.

From an internal source of the Jahrezeitenverlag, I know that about 40 photographers signed the contract. NONETHELESS, the publisher already has problems finding enough photographers & photographs for their publications after May.

By signing this contract only your very short term individual interests will be served. Signing this contract will ruin your career as well as the careers of everyone else.

Kai Wiedenhoefer
Berlin, Germany
April 16th, 2009

Kai Wiedenhoefer is a past W. Eugene Smith grant recipient. The Grant recognizes photographers who have demonstrated a commitment to documenting the human condition, and is one of photography's most important awards. Other past recipients include James Nachtwey, Sebastião Salgado, Eugene Richards Trent Parke, Paolo Pellegrin, Gilles Peress, Donna Ferrato, Pep Bonet and John Vink.

When photographers of this caliber sound this type of alarm for the photography industry, the rest of us should pay special attention to the concerns they are addressing.

If you're a photographer (other than one of the 40 mentioned above who has already signed your livelihood away), please heed Mr. Wiedenhoefer's warning and sign this most important letter of protest against a contract that quite frankly is outrageously unfair to photographers and their agents.
John Brown Photojournalist On LIGHTSTALKERS
My Mondo Library Photography
My Photoshelter Photography Archive Homepage