Seville authorship rights

Imago delegates from Thirteen European Societies assembled in Seville, Spain on Saturday, November 7th 2009 to update progress on the issue of co-Authors rights for cinematographers since the Huelva Congress of 2004.
 

This is the opening address of President Nigel Walters BSC.
My first duty is to thank the organisers, Sile, Porfirio Enriques and the AEC and their legal advisor Professor Rogel for this great Spanish initiative, which brings us all together in this beautiful city of Seville.

Earlier this year the Imago Board had taken the decision to concentrate its strategy on Authors Rights. This was prior to receiving details of the Jost Vocano legal breakthrough in Germany We were wondering what the next the next step should be when the invitation from the AEC to hold this conference arrived.

It was fortuitous because recently there has been positive news concerning the Authors’ Rights issue from other parts of Europe, including here in Spain. For this Imago has to thank the Societies who have taken the lead and the selflessness of the individuals who have courageously laid their heads on the block for the greater good of their colleagues. A run down of recent developments will come later when we hear in detail reports from the AEC, from Vittorio Storaro representing the AIC and from Michael Neuberger, the BvK as well as delegates from a cross section of our 27 European Societies.

It is wonderful to see here our old friend Kurt Brazda from Austria looking so well. He will be in demand next May in Vienna when Imago will have an important platform at the EU XXL Conference it is assisting in organizing. That Conference is significant because it will focus on the working conditions of the Cinematographer in Europe. It will be the widest and most comprehensive review yet of our profession. The most important issue for discussion will be Authors Rights. At the end of the two day meeting representatives of both Imago and the Producers and their lawyers will meet a delegation comprising EU Parliament members who will report back directly to Brussels the findings of this EU XXL Conference. Lawyers and spokespeople both for the Producers and Imago, will have earlier stated their case. There will be no holds barred from the Producers as they have potentially much to defend. I believe this will be a great opportunity for European Cinematographers to present their views to the EU and strengthen the foundations for future reform.

However Imago must put its case well and present a united front. This is why I believe our deliberations here today are the most important since Huelva. This Huelva Congress provided a catalyst and motivation to move forward. There did however appear to be lengthy discussions as to whether we should call ourselves Directors of Photography or Cinematographers. Imago uses only the term cinematographer; Vittorio will be pleased to learn.
The Huelva deliberations are long over and this Conference today in Seville must build on that experience. Time today is valuable. Neither is time on our side as far as Authors Rights are concerned, we must all work towards the future with a fresh determination. The next breakthrough on Authors Rights for the Cinematographer could come through Brussels. We hope the Spanish presidency will have something special to offer in the coming year as the AEC acts as a delegate for Imago in furthering the cause of authors’ rights for cinematographers.

Without sound legal advice Imago would be powerless, and I should like to thank Dr Cristina Busch for the tireless work she puts in on behalf of Imago. . The work she has done to prepare for this Conference is enormous. The questionnaire she drew up has had a good response from Europe and from some of our Associate members, especially Australia
When Louis-Philippe Capelle, the General Secretary, and myself embarked a year ago on a mission to expand our Associate Membership by encouraging such countries as Japan, New Zealand, Australia and Canada to join Imago, we found the issue of greatest importance to all these Societies was Authors Rights. Today I believe we are carrying the banner for countries far beyond the boundaries of Europe.

However Eastern Europe is a sphere of influence in which Imago would like to give more meaningful support and it gives me particular pleasure to welcome to this conference the presence of delegates from Russia and Ukraine. In discussions with the Russian cinematographer Yuri Klimenko in Macedonia a few weeks ago I learnt that the payment of rights in Russia had deteriorated in recent years so I will be very interested in the report from Yura Lubshin of the RGC.
I have to confess that I had almost given up meeting anyone from our Ukrainian Society. This is the third occasion this year Imago has attempted to assist their participation at our events. The previous occasions were the Iaga in Bradford and the eDIT Festival in Frankfurt. Visa applications prevented their attendance on those occasions which is why I am particularly pleased to welcome Alexsander Shigayev and Bogdan Verzhbytskyy, at last.

In Huelva it was decided to embark on the publication of a Model Contract for Cinematographers. Well it has been published and stands as a guideline for Imago’s objectives. It is not an easy document to read and perhaps should be simplified but at least it provides a benchmark in black and white, a legal framework to guide our Societies and their members. It is the nucleus for future agreement on Authors Rights. It is a sensible, well thought out document, fair, not dogmatic giving various options to suit Producer and Cinematographer alike. All that is needed is for it to be implemented. Easier said than done.

Since the Manaki Brothers pioneered documentary film making in the Balkans a hundred years ago there has never been a time when the role of the cinematographer has been under such close scrutiny or subjected to such change. It is worth reflecting that Milton and his brother Yanaki after shooting their images were also responsible for the editing as well as producing the film and distributing it. The director and the related crafts came later. Today further crafts and skills are emerging with the advance of high definition. The sacrosanct world of the cinematographer of old is no longer shrouded in an aura of mystique. The respect for the documentary cinematographer has also suffered badly as young directors are handed a camera without any experience of filming. However I am glad to say there are recent signs that the genre is going through somewhat of a revival and that Film Schools still recognise the value of training students in documentary film making.

As cinematographers we have to adapt to the new order, learn to work with the visual effects supervisors, the post-production supervisors, the graders, the digital imaging technicians and other specialists who will in the future emerge as technology progresses. The important fundamental right under threat is the right of the Cinematographer to retain control of his image. If we relinquish this right, we relinquish hope and respect for our profession.

If you consult Wikipedia on Author’s Rights it states that Authors ‘rights are Internationally protected by the Berne Convention for the protection of Literary and Artistic Works and by other similar treaties. It goes on to say that the term “Author” is used in a very wide sense but that in general the author is the person whose creativity led to the protected work being created although the exact definition varies from country to country. I repeat, “The author is the person whose creativity led to the protected work being created.” Imago needs a new definition to describe the creativity of the work of the cinematographer. It is enshrined in the AFC’s Charte de l’image and adapted in the Imago Model Contract but needs to be updated and simplified to include the age of the Internet and all the relevant aspects contributing to the case for Authors Rights.

After writing about the two distinct components, the economic and moral rights the encyclopaedia goes on to describe the moral rights of the author as based on a creative work which reflects in some way the author’s personality; the moral rights are personal to the cinematographer and can only be transferred on death. I am now using the word cinematographer instead of the word author, we are after all talking about ourselves and it somehow makes it easier to relate.
The moral rights, it continues, differ greatly between countries but typically includes the right to be identified as cinematographer of the work and, (this is the important section), includes the right to object to any distortion or mutilation of the work which would be prejudicial to his or her honour or reputation.

Before change overtakes us in this rapid and often complex development of technology, I believe this Conference needs to re-affirm the rights of the Cinematographer to protect the image from distortion or mutilation. Perhaps Imago should ask our Societies in countries that recognise these rights to take a stand to prevent the distortion or mutilation of our images.
Unfortunately there is a considerable financial cost attached to such legal action and it requires brave and dedicated individuals to put their heads on the block and carry the fight forward. We must find ways of funding through the EU and in the last eighteen months Imago has been building bridges in Brussels. An attempt this year to fund a World Conference of cinematographers failed on a technicality. The next attempt will be successful.

Jost Vacano in his recent courageous court case has removed one of the bricks from the wall standing in our way. It has revealed a chink of light on the other side and as we known in Europe walls can come tumbling down. When the full light emerges and Jost’s creative use of light on Das Boot is eventually recognised it will be to the benefit of future generations of cinematographers. There are various ways forward as will be suggested to this conference today. Whether it be through legal or legislative advances the role of Imago is to take the fight to Brussels on behalf of the Cinematographer. In my discussions in Brussels I have been appalled at the ignorance of many members of parliament and legislators at their lack of understanding of the role of the Cinematographer.
How can we expect these administrators to enact change if they have no real appreciation of the skills of the cinematographer? Education must assume a great importance in our strategy in order to regain respect for our profession. I think it is Vitttorio who has written that the aim of the cinematographer should be to make “ordinary people aware of our creative role.” Each delegate present here today can help.

In the Imago Questionnaire Cristina Busch asks whether you support the establishment of a single European Collecting Society. The formation of a single European Collecting Society would enable the voice of the Cinematographer to be heard with greater authority in the corridors of power. Such a Collecting Society would be a powerful lobbying force.
In the United Kingdom various groups including the BSC are examining ways of improving methods of collecting rights. We must not forget that Authors Rights should apply to everyone who uses their individual creativity to capture an image. Establishing closer links with those such Societies as Uni-mei and those representing Editors, designers and even directors as well as Trade Unions will strengthen our case. United as “authors” we will have a greater respect and with that respect will come lobbying power.

After the image has been captured the real battle now underway in this age of high definition is who controls the final image. Is it the Producer, the director, the editor, the grader, the DIT or the postproduction supervisor or the executive who pops his head in to say he does not like the look of a particular shot? If the cinematographer is present at the grade he will often be the only one not being paid.
However the huge costs of postproduction in the DI suite are a becoming a barrier to the cinematographer in retaining control of the image. Realistically the producer cannot afford extended time to pay the cinematographer, any more than the cinematographer can afford to work for nothing for such long periods. There may be a case for Imago to suggest a maximum period of payment in its Model contract for such work on top features of perhaps three weeks. However the vast majority of film is still shot for television and can usually be graded by a cinematographer and colourist in a few days. The important factor is for Imago to fight for the right of the cinematographer to be present at the grading on all films.
Imago must urgently press for EU legislation for producers to include the identification of the Cinematographer in the computerised obligatory information sent out to such organisations as Cisac. This will enable future claims to be more easily identified and simplify the work of the Collecting Societies.

Imago was given the mandate at the Huelva Congress of 2004 to take all necessary action both national and International to obtain the universal recognition of cinematographers as co-authors of cinematographic works.
Imago is doing its best to fulfil this remit with its limited financial resources. I would like to give my public thanks to my predecessor, Andreas Fischer-Hansen for steering the good ship Imago through stormy seas into calmer waters and leaving us with his excellent vision of the future. Without his wisdom I doubt whether we would be here today. On the face of it the Danes have probably least reason for being here as they already have created as near perfect a Model for Authors Rights that exists in Europe, along with the Norwegians, and the Swedes of course. If I omit to mention these excellent Societies out, I will be in trouble.

If there were a plea to make today it would be to look forward with optimism. The case for Authors Rights has long been made. Please speak to the future; the Imago Board is listening to your ideas to assist the journey ahead. The producers are strong and organized and have financial resources far greater than ours. What we have on our side is the justice of our cause and with right on our side even might will have to retreat. Discussing the pros and cons of Authors rights in private conversations with British directors I have been heartened at a general acceptance on their part that Authors Rights for Cinematographers is an inevitability to come sooner or later. Imago will do all in its limited power but with plenty of enthusiasm to make it sooner rather than later.

Finally I have a confession to make to Porfirio who had asked me to speak to the topic “From David Lean to Richard Attenborough”. I meant to write you an email and say I did had not clue what this means or what to say but I forgot. My humble apologies. Thank you and Irene for bringing us together this day and for all the hard work you have put in.
I wish you all a successful conference and let us all enjoy this remarkable fellowship of nations in a truly charitable spirit.
 

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