In 2001, hundreds of independent stock photographers came together to respond when Getty Images presented them with a “non-negotiable” contract. SAA, the trade organization was born from this demand. Today, SAA stands as the only trade organization solely focused on protecting the rights of independent stock photographers, and represents a diverse international community.
As SAA turns 5, we’d like to offer a snapshot of that first tumultuous and formative year, and share the experience of the Getty contract negotiations that served then, and now, as an inspiration to photographers that coming together, we have a stronger and clearer voice.
The SAA Legal Group and the Getty 2001 Contract NegotiationsBy early 2001, Getty Images had acquired a number of independent Rights Managed brands including Tony Stone Images, The Image Bank, and VCG. A cross-brands contract was forwarded to all contributors of all of these brands, presented as “non-negotiable” with a firm deadline to sign. In response, there was a buzz of activity and communication between alarmed contributors within various chat groups and earlier contract groups out of which the SAA Legal Group was formed.
During the Spring of 2001, the work of the Group was in full swing, growing from a core group of 100 to over 650 Getty contributors. It was lead by a dedicated and enthusiastic Steering Committee that was in daily communication. Committees were established and served the essential functions of acting as legal liaison, recruiting membership, crafting PR strategy, handling internal communications, and managing accounts.
Mary Luria of Davis & Gilbert LLC was hired as Counsel, and members each signing individual contracts for legal representation. Mary Luria proceeded to tackle the huge job of analyzing the very long contract document that was, in her words, full of legalese and “unsignable.”
A key document was developed and widely distributed that outlined the key concerns of signing the new Getty Contract. The document, called “Ramifications” for short, spelled out in plain English the critical issues and was widely distributed to all Getty contributors. It was followed up by a contract “Counter Proposal” developed by Mary Luria that addressed these concerns and was forwarded to Getty.
During all this time, Getty management continued to insist that this was a “non-negotiable” contract and refused to acknowledge the Group. They also rejected the Group on the basis that they would not offer “special deals” to any contributor, or group of contributors. From the start, the Group made clear that no one was seeking a special deal. Rather, it was formed so that contributors could afford legal counsel to first, understand the terms, second to ask for clarifications, and third to engage Getty in reconsidering (in the interests of all contributors) the terms of this contract.
So, the Group sent several representatives (who were also Getty shareholders) to the annual Getty Shareholder Meeting in Seattle. After raising questions in the meeting, they met with Getty management including CEO Jonathan Klein. In addition, a Getty-sponsored event at The International Center of Photography in NYC (ICP) drew an orderly protest group of over 70 Group members outside their annual gala event that drew the attention of Jonathan Klein and Mark Getty. This was followed by a letter writing campaign in which hundreds of members sent postcards (many with their images) to Jonathan Klein.
The April 2005 “firm deadline” to sign the non-negotiable contract came and went, and the Group continued to grow.
Getty Counsel finally engaged with Mary Luria and the deadline was extended for the first of several times. As the Summer progressed, numerous changes for the better were integrated into the contract. In July, Getty issued an Amendment that addressed a range of issues raised by the Group. The Group then published second “Ramifications” document was published to detail the remaining significant issues.
In September, Getty published an “Assurance Document” itemizing a number of further critical improvements in contract terms. Finally, negotiation concluded in October 2001 – after 9 grueling months – and several additional concessions were made.
In the end, the contract was a far improved version than the one originally presented. These improvements made to the contract that was originally presented by Getty were substantial and reflected in the current contract, and wholly due to the Herculean efforts of the SAA Legal Group Steering Committee, a group of dedicated committee volunteers, and the financial support of Legal Group members.
It’s important to note that the accomplishments of SAA benefited ALL Getty Rights Managed contributors, not just the contributing members of the Legal Group who made it happen. Moreover, it empowered stock photographers to come together and speak up about their issues and concerns.
SAA, as a trade association, continues to prove that together we can make a difference. In that same time, the pressures on stock photographers have increased, making it even more critical that we have a group that is committed to protecting the rights of stock photographers.