One of the important conversations I had at Bloggapalooza on Saturday was with Chas Rich. He brought me up to speed on Wendy Hoke and the Society of Professional Journalists Media Fat Cats. Years ago I was part of a different journalists organization that successfully blocked the attempt to make media organizations full members.
The wall between sales and editorial is just as important as the separation of church and state and when the wall is breached, this is what you get:
I learned that the other “journalism advocacy organizations” were in fact publishers-Conde Nast (Advance), Forbes, Gannett, Hachette, Hearst, Martha Stewart Living Omnimedia, McGraw-Hill, Magazine Publishers Association, Newspaper Association of America, New York Times, Newsweek, Playboy, SPJ, Time Inc., Tribune and Wenner Media-NOT journalism-advocacy organizations.
When I pointed this out and explained that our press release on the matter was misleading and inaccurate, the only capitulation she made was to remove the word “advocacy” so that it now reads, “SPJ joins other journalism organizations.” I had pushed for it to read “media organizations,” which I feel is a truer description.
Both myself and the current freelance chair repeatedly asked what dog we had in this fight. Why would SPJ even need to weigh in on this issue? We were repeatedly told to send anyone with questions or comments to the president. She declined to answer us directly, so I went digging further.
And I found that Baker Hostetler recommended this course of action for SPJ (filing fee for U.S. Court of Appeals Second Circuit is $455) and that Baker Hostetler also has represented National Geographic and has them listed on its Web site as a media client.
So…once I pointed that out, the shit hit the fan, I was told to cease and desist, the freelance chair sent a scathing e-mail to the entire executive committee (with a [copy] to the ethics committee chair) and she received a phone call from the president warning her not to “widen the circle” on this one and reminding her that committee chairs serve at the pleasure of the president.
I love that line: committee chairs serve at the pleasure of the president. What? Does the president of SPMFC think he’s George Bush?
So what’s the fight really about? Money. Of course. Chas shines the light in the corner.
The case… in dispute and under appeal, concerns the issue of copyright and contract rights. The freelance photographer signed a standard release of the use of some of his images by National Geographic in the magazine and in subsequent re-uses — at the time that would have presumably been reprints in books or special edition magazines.
Then came the advent of the digital age. One of the new products National Geographic offered was a complete digital archive/CD/DVD of every magazine issue — with the pictures. Faulkner argued that this use was not contemplated at the time of the release and violated the contract. That he was entitled to new compensation for this use. He lost in the lower court but has appealed.
For whatever it is worth, I side with National Geographic on the legal issue. Simply because the technology wasn’t available for digital reproduction at the time of the release does not make it outside of the contract and what is contemplated.
That said, I don’t understand the SPJ siding against the freelance photographer or getting involved at all in this matter. Wendy Hoke raises some serious and troubling ethical issues by the SPJ in this matter and they don’t seem to feel they owe her or their members any answer.
If I were a member of the Society of Professional Journalists Media Fat Cats I’d be livid with rage. I’d be mad enough to tear up my membership card.
But I’m not. It will be interesting to see who stands up in the local chapter.