I plan on alerting my state representatives
that this bill is unacceptable.

The basic assumptions are flawed.
Conyers states that large media
conglomerates "force creators to sign
away the rights to their works". This is
clearly not true. No one is forced to sign a
contract they disagree with. It's true, many
freelancers have signed these unfair
contracts. This is not because they were
forced to do so, it is because they were
unwilling to pursue the alternative, which
is tough negotiation. I have found that
forceful negotiation usually gets the
results I desire. If this approach fails, I do
not sign the contract.

If it's a choice between paying the rent
and signing an unfair contract, it's
probably time to start looking for another
way to pay the bills. None of us are forced
to do what we do for a living.

Conyers also states " Individual writers
and artists don't stand a chance of
negotiating favorable terms and fees
when they must go up against media
giants." I have not found this to be the
case and I also find it insanely
disappointing that so many professionals
are willing to let Conyers and the GAG  
slap them in the face with this remarkable
insult.

For a long time now, the GAG has been
positioning itself to become a Union. The
strategy is not new. Affiliating itself with the
UAW, an organization with a legacy of
corruption and insider deals that
compromise it's members is, in my
opinion, the saddest chapter in the
Guild's history. The UAW has steadily lost
both bargaining power and membership
since it's salad days of the early 1970's.
Manufacturers simply took the jobs
elsewhere. I suggest that if the GAG and
Conyers have their way, we'll experience
exactly the same.

It's also difficult to show how collective
bargaining has benefited a group such
as freelance photographers or
illustrators. Suggesting that we could
become similar to the Screen Actor's
Guild, or to the American Federation of
Television and Radio Artists, or any other
Union of this nature won't work. What
freelance illustrators provide is not site
specific. We can perform our jobs from
any location, and deliver our services
remotely. "Giant Media Conglomerates"
realize this simple truth. Anyone who
thinks that publishers won't look
elsewhere for talent is wearing some
mighty impressive blinders.

I see the real issues here as being rather
simple. There are lousy contracts out
there. There are big companies that want
to pay next to nothing for services. There
are always going to be independent
contractors willing to work for cheap and
sign lousy contracts, GAG or no GAG.
Coyers and the GAG insist that
freelancers are forced to sign unfair
contracts. What's next, someone is holding
a gun to our head and forcing us to be
freelancers too?

I'd like to encourage the professionals
here to stand up for themselves and their
own negotiating skills as well as their
reputations. The Conyers Bill, and the
GAG's ongoing attempts at unionizing our
industry are nothing short of insulting to
the people out here who have worked
hard to create reputations based on
quality work for commensurate pay.

in response:
I completely agree with robert
zimmerman.

john hersey

On 9/24/02 3:08:55 PM, Robert Zimmerman wrote:
>
Hi Bob, It’s great seeing you participating in Art Talk.  You know I am one of your biggest fans—I’ve always regretted that I was unable to convince you to join my rep group and it was a happy day for me when you decided to display your portfolio on Theispot.  That said, we disagree some on this issue; however, I am glad you stated your position so clearly and I will endeavor to do the same.  Getting some meaningful open dialogue on this issue was the reason we created the special Conference in Art Talk and encouraged Dave Tabler to send out his e-mail.

>I plan on alerting my state
>representatives
>that this bill is
>unacceptable.
>
>The basic assumptions are
>flawed.
>Conyers states that large
>media
>conglomerates "force creators
>to sign
>away the rights to their
>works". This is
>clearly not true. No one is
>forced to sign a
>contract they disagree with.
>It's true, many
>freelancers have signed these
>unfair
>contracts. This is not because
>they were
>forced to do so, it is because
>they were
>unwilling to pursue the
>alternative, which
>is tough negotiation. I have
>found that
>forceful negotiation usually
>gets the
>results I desire. If this
>approach fails, I do
>not sign the contract.

Absolutely true!  I don’t know of any clients that hold guns to illustrators’ heads; however, the truth of the matter is that all too often illustrators (even many of the field’s most successful illustrators) sign contracts that they are unhappy with because they love illustrating, love their families and feel they have no other option.  In my personal opinion, too many BIG name illustrators sign the Boston Globe, the Conde Nast contract and other similar contracts that are far too one-sided.
>
>If it's a choice between
>paying the rent
>and signing an unfair
>contract, it's
>probably time to start looking
>for another
>way to pay the bills. None of
>us are forced
>to do what we do for a living.
>
It seems you are saying that one should not support the Conyers bill because you have a better alternative—“quit the illustration industry”.  Speaking for most of the illustrators that I represent, I know that they love illustrating and want to do everything they can to continue illustrating and do whatever they can to contribute to making it easier to earn a decent living pursuing their chosen profession.
 
>Conyers also states "
>Individual writers
>and artists don't stand a
>chance of
>negotiating favorable terms
>and fees
>when they must go up against
>media
>giants." I have not found this
>to be the
>case and I also find it
>insanely
>disappointing that so many
>professionals
>are willing to let Conyers and
>the GAG
>slap them in the face with
>this remarkable
>insult.
>
I believe I am one of the better negotiators in the industry and I find that the increasing consolidation on the buying side combined with the continued growth in the number of illustrators and the poor economy makes it increasingly more difficult to achieve sound contracts with today’s mega-size corporate buyers.

>For a long time now, the GAG
>has been
>positioning itself to become a
>Union. The
>strategy is not new.
>Affiliating itself with the
>UAW, an organization with a
>legacy of
>corruption and insider deals
>that
>compromise it's members is, in
>my
>opinion, the saddest chapter
>in the
>Guild's history. The UAW has
>steadily lost
>both bargaining power and
>membership
>since it's salad days of the
>early 1970's.
>Manufacturers simply took the
>jobs
>elsewhere. I suggest that if
>the GAG and
>Conyers have their way, we'll
>experience
>exactly the same.

I am not an advocate for the UAW and certainly would not support any legislation that would require mandatory unionization to solve illustrators’ problems.  I do believe illustrators would greatly benefit from an exclusion from the anti-trust laws.  We need to be able to openly work together to establish better pricing and contractual terms.  It is my hope that freelancers and their trade groups will work with Conyers’ staff to shape his pending legislation in a way that works for all in the industry.  Conyers has stated publicly that he is open to this and is meeting with representatives from several groups in the upcoming week.
>
>It's also difficult to show
>how collective
>bargaining has benefited a
>group such
>as freelance photographers or
>illustrators.

I agree it is impossible to show this, as illustrators and photographers are not unionized and I am certainly not advocating this.  
. . .
>
>I see the real issues here as
>being rather
>simple. There are lousy
>contracts out
>there. There are big companies
>that want
>to pay next to nothing for
>services. There
>are always going to be
>independent
>contractors willing to work
>for cheap and
>sign lousy contracts, GAG or
>no GAG.
>Coyers and the GAG insist that
>freelancers are forced to sign
>unfair
>contracts. What's next,
>someone is holding
>a gun to our head and forcing
>us to be
>freelancers too?

I think the point is that with proper legislation all illustrators will have a much better shot on negotiating on a level playing field with the mega-buyers of their craft.  I’m not bragging when I tell you that I frequently get much better terms for the talent I represent than individual illustrators (even big name illustrators) are able to negotiate on their own.   That’s not because I’m the world’s greatest negotiator, rather it is because I am speaking for over fifty illustrators who all choose to stand by the same contractual terms and that carries some meaningful weight.  If all illustrators are legally allowed to agree on “standard terms” and minimum prices it should greatly help all of us.
>
>I'd like to encourage the
>professionals
>here to stand up for
>themselves and their
>own negotiating skills as well
>as their
>reputations. The Conyers Bill,
>and the
>GAG's ongoing attempts at
>unionizing our
>industry are nothing short of
>insulting to
>the people out here who have
>worked
>hard to create reputations
>based on
>quality work for commensurate
>pay.
>
Again, we have an opportunity before us to achieve legislation that will empower illustrators.  I stand firmly against mandatory unionization and implore everyone in the industry to make his or her views known to Conyers on his pending legislation so that we achieve a bill that will work for us all.  Let’s not let this opportunity pass us by.

JERRY RAPP
g e r a l d  &  c u l l e n  r a p p, I n c.  
http://www.theispot.com/rep/rapp
gerald@rappart.com

   

Thanks for your kind words Jerry. Also,
thanks many times to you, John Hersey.
Your work floats my bubble. A couple of
other illustrators I admire emailed me
too, offering support and thanks for my
dissenting comments on this and I also
appreciate that Ad McCauley isn't
swallowing this either. I hope all of you
will simply call or write your state
representatives. That's where the runner
meets the road.

On this issue Jerry, we'll probably part
agreeing to disagree, however.

Conyers statement clearly spells out the
collective view on the matter when he
says that, "Individual writers and artists
don't stand a chance of negotiating
favorable terms and fees when they must
go up against media giants".

Again, I don't buy it. I would also expect
any self respecting professional to
denounce this as well. It is the core of the
argument being put forth and it is
fundamentally wrong.

I'm working for two "media giants" right
now. They are both paying top dollar for
the work, and the rights remain with me.
The reason for this is simple. I know what
they want, I know what it's worth, and they
understand what I need in exchange to
continue profitable operations. It's
business.

In my view, all the rabble about Anti-Trust
laws are a smoke screen for a larger
agenda. Freelance artists are a network
who share information constantly and
without restraint. You can be certain that
the UAW, an organization that has lost
over half it's membership since the
1970's, knows exactly what it is doing
when it offers staff to support this.

You're wise to oppose unionization Jerry,
but you're supporting a bill that puts the
GAG in a position to start us down that
slippery slope. Look at the records of the
GAG over the past ten years. In my
opinion, it's been on the agenda for a
decade and it's the major reason I refuse
to participate.

You mention, Jerry, that artists are
signing lousy contracts because they feel
they have to, that they love to do what they
do, that they want to take care of their
families.

The real issues here, I think, are a bit
more complex.

There's a fellow next door to me who
loves to play jazz bass and he's actually
extremely good at it. We're both southern
Democrats. We vote the ticket and lick our
wounds. For money though, he's an
anesthesiologist. What he really loves to
do doesn't pay the bills. It's sad. Fact is
though, he's a great bass player with no
vision of how to effectively promote
himself, no business sense at all, and
he's not a risk taker. If he had developed
these skills, he might be doing what he
loved, AND taking care of his family at the
same time.

Artists and writers, like any other
business person, must understand
fundamental business skills to prosper.
They must work as hard on their creative
pursuits as they do on their knowledge of
the marketplace and how to effectively
negotiate fair and profitable terms. Like
any good business person, artists and
writers must develop the skills and
resources that enable them to walk away
from deals that compromise their future
earning power.

The past few years have been rough on a
lot of writers and artists. It's been tough
on the agencies, it's been tough on the
end clients. The climate is perfect for the
type of initiative being pressed by the GAG
and Conyers. The UAW was formed in
1936, at the height of the great
depression. Desperate times, in my
experience, get people to start pointing
fingers at somebody other than
themselves.

The rampant boosterism going on here
regarding the Conyers Bill is short
sighted and plays into a larger agenda
that is not being debated or even
considered as far as I can tell.

Cheers all. I've been off the illo chat board
for years, but this one brought me out of
the closet.

Robert,

Again, I thank you for presenting your views on the Conyers bill and yes, the one thing we agree on is that we will part disagreeing.  That said, I feel ours is a very valuable and healthy exchange.  Art Talk would be a very dull place and of little value if participants were only able to read my opinions or the opinions of those that shared my views.

I am truly happy to hear that you are doing so well.  Unfortunately, too many illustrators have been experiencing extremely difficult times and are exploring a variety of alternatives to ensure their financial viability.  Among these alternatives is joining with other illustrators to work collectively to improve their lot.  Some join the Guild, others the IPA, others form business cooperatives or group websites, some join other fellow illustrators in entrusting a rep to leverage their weight as a group to their mutual benefit.  There is nothing wrong with working together—it is not for everyone but it is appealing to many.  

I think most groups also are coming to understand that working together really effectively requires an exemption from the anti-trust laws.  The Guild, The IPA and as I understand it most all the other creative freelancer groups share this belief.  Robert, you feel (perhaps as a result of your unique situation) you have no need for this exemption, but many others feel differently.  

The current bill is flawed -we all agree on that.  However, in introducing his first draft of the bill, Representive Conyers stated, "I hope this bill can be the start of productive discussions in the House and particularly in the Judiciary Committee about how we can enhance the power of freelance writers and artists and how we can protect their work."  Today, at Conyers’ invitation, several prominent creative industry groups, including both the Guild and the IPA, are meeting in Washington with Conyers’ staff to begin to hash out legislation that they can all be happy with and benefit from.

I remain hopeful that this will lead to better times for illustrators and encourage continued open, frank discussion on this important topic in Art Talk.

JERRY RAPP
g e r a l d  &  c u l l e n  r a p p, I n c.  
http://www.theispot.com/rep/rapp
gerald@rappart.com
   

On 9/26/02 4:36:56 PM, Gerald Rapp wrote:
Today, at Conyers’
>invitation, several prominent
>creative industry groups,
>including both the Guild and
>the IPA, are meeting in
>Washington...

As a matter of pure curiosity, is it public knowledge which artists will be there?

-Bill

On 9/27/02 4:13:02 PM, William Dlwgosh wrote:
>As a matter of pure curiosity, is it
>public knowledge which artists will be
>there?

We have received sketchy, but very positive preliminary reports on the meeting- check back here next week for more details.

In the meantime, to address your question, the creative freelancers groups involved were represented as follows:

Steve Schubert and Lloyd Dangle- Graphic Artists Guild (the Guild)
Brad Holland and Cynthia Turner- Illustrators Partnership of America (IPA)
David Trust- Chief Operating Officer Professional Photographers of America (PPA)
Victor Pearlman and Eugene Mopsik- American Society of Media Photographers (ASMP)
Michael Grecco- Advertising Photographers of America (APA)
Seth Resnick and Paula Lerner- Editorial; Photographers (EP)
Jonathan Tasini- National Writers Union (NWU)Via speaker phone

Jami G.
Vice President
Theispot-Showcase
The Illustration Internet Site      

Thank You Jami.

-Bill

On 9/27/02 4:27:15 PM, William Dlwgosh wrote:
>Thank You Jami.

My pleasure, Bill.  Have a terrific weekend, everyone!

Jami G.
Vice President
Theispot-Showcase
The Illustration Internet Site