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June, 2004

New York Times Freelance Contract Revision

In response the May, 2004 meeting of photographers, ASMP representatives, and NY Times staff members (meeting details) and subsequent discussions, the NY Times has issued a revised version of its contract. We are happy to report that the new version is an improvement over the earlier documents. ASMP is analyzing the changes and discussing them with Times photographers to see whether the agreement is now something that we can find acceptable and to evaluate whether there is any realistic likelihood of further improvements in the immediate future.

In brief, the changes made by the Times were:

1. The photographers share of revenues from syndication in Paragraph 6 have been increased and simplified by paying the photographers 50% of the gross syndication fees received by the Times.
2. The language dealing with compliance with the Times Code of Ethics in Paragraph 7 has been slightly softened.
3. More significantly, the previous prohibition on freelance photographers mentioning their affiliation or relationship with the Times has been removed.
4. Paragraph 8 now begins with the statement that "You represent and warrant that you will not sign or otherwise be a party to any agreement, release, waiver or other document relating to the Work as a condition to shooting an assignment. " We are still analyzing the practical significance of this change and will comment on it later.

The most important issue, that of pay, still remains an open question. People from the Times have consistently voiced their agreement that freelance photographers should receive an increase in pay. However, they have also said that there is simply no money in this year's budget to provide a raise and that this has been a difficult financial year for the Times. The budget for next year will not be prepared until the Fall, so it remains to be seen whether a pay raise will be a reality or just an item on a wishlist.

We will continue to advise you of developments.

Related announcements:

New York Times Freelance Contract (3/8/04)

New York Times Freelance Contract Update (5/7/04)

New York Times Legal Fund Contributors