Amazing Pilferage

Earlier this year, freelance photographers working for the Associated Press were asked to sign a contract that gives AP exclusive rights to all photos shot while on assignment. Sources say relations between local photographers and the Philly office haven't been the same since.

Four photographers, all of whom requested anonymity, say fewer experienced photographers are taking AP assignments now, primarily because of the contract. Two of the photographers interviewed refused to sign. The other two signed but say they've done far less work for AP than in the past.

"They could put burning cigarettes in my eyes and I wouldn't sign that contract," says one. The contract came out of the New York office, he adds, "and those people can kiss my working ass."

The main issue is ownership of their work. According to one source, AP always claimed to hold the copyright on freelancers' work, but rarely enforced it. Now, however, the contract is explicit: "You agree to and do transfer to AP copyright in photographs taken by you while on assignment for AP." (A copy of the contract is posted on the National Association of Freelance Photographers' Web site, http://members.aol.com/ thenafp/.)

Once signed, the agreement allows AP to sell the photos as many times as it can, without sharing any of the revenue with the shooter. One photographer says hundreds of his shots are available through an AP subsidiary, "and I don't see a penny in resale."

"And if AP gets away with it," he adds, "everybody's going to get away with it."

In March, AP settled a lawsuit brought by three photographers, including NAFP officers. As a result, according to NAFP's account of the settlement, freelancers can retain the rights to their work by crossing out the lines on their paychecks that describe AP's copyright claim. But one local photographer says he's heard that checks have been returned when this is done.

The hard feelings over the contract, the sources say, has forced AP's Philly office to rely more heavily on photographers with little experience—or "picture-takers," as one former freelancer called them. "You know what AP stands for? 'Any Photographer.'"

"They're just pulling people out of community college… and that's such a slap in our faces. It's bringing down photojournalism, and the reputation of being an AP photographer."

Philly office photo editor Bernadette Tauzon declined to comment. Calls to the New York office were directed to the North American photo editor, who was not available.

-Frank Lewis