Witness
Written by John MacphersonI’ve posted a few pieces on duckrabbit about Alzheimer’s that have proved popular with readers. It was suggested by several commentators that I submit a recent one to the Guardian for publication. I went to Google and up came “Guardian Witness: Our new home for content you’ve created” and their message “Your chance to have videos, photos and stories featured on the Guardian.”
Great stuff I thought, and there is even mention of “Assignments” opportunities too. Into the small print I go, and (no) surprise, not only do they NOT pay for your stuff, they want world-wide rights in perpetuity:
I was rather disappointed. But also puzzled. Because there’s a Freelance Charter at the Guardian. Which clearly states their rates of payment for freelance submissions. Surely these rates apply to Guardian Witness too? Email duly sent to the Rights Dept. And a wait, and eventually a reply (NB – my emphasis in bold):
Thank you for your email. In the GuardianWitness FAQs there is a specific question on payment:
• Will you pay me for my GuardianWitness contribution?
GuardianWitness is a new way for readers to have their say and help enrich Guardian journalism by sending us their personal stories, pictures and videos. We don’t pay for these submissions, although very occasionally we might contact someone who has sent a contribution via GuardianWitness and ask them to write us a blogpost or similar. At the point we commission someone, we will discuss payment.The Freelance Charter payment terms apply to content commissioned by us, not content submitted by readers to GuardianWitness.
I hope that clarifies things but please let me know if you require further information.
Not clarified for me at all. Because the Freelance Charter says no such thing about it applying only to “content commissioned by us”. What it does clearly state is that:
And even helpfully provides “Definitions” section to ensure there is no ambiguity:
And to cover themselves they also have “Variation of Terms” which state:
Please note there is no obligation for freelances to accept our standard Freelance Charter terms nor for us to accept Contributions other than on our standard Freelance Charter terms.
So I seek further clarification, but get no reply. SO I email again. Get no reply. Email for a third time:
Hi xxxxxx – I’m going to make one last try to get an answer from you that will clarify the points I’ve raised in the email below, which I am now sending for the third time.
There is a an apparent contradiction between how you describe the terms of service of Guardian Witness and the terms outlined in the Freelance Charter. As far as I can see ANY contribution made to Guardian Witness can be invoiced for at the rates published in the Freelance Charter.
Am I correct?
If I’m not, can you explain why not, and what criteria make freelance contributions somehow ‘different’.
Regards
This elicited the response that I’d be contacted with an answer, but that was over two weeks ago and there has been no further contact. One would assume that an immediate response would be given to such a question, pulled from the shelf of answers that Rights Dept would have as their stock-in-trade, ready for immediate deployment. But maybe I am missing something here, completely misinterpreting this, and deluding myself?
I am curious to hear what actually is the distinction the Guardian makes between contributors to Witness and ‘normal’ freelance contributions. We are continually reminded we are all ‘citizen journalists’ now, so will we receive the appropriate recompense that ‘real’ journalists can expect? The consumers of the work will make no distinction between ‘freelance’ and ‘citizen’ and neither will the advertisers whose copy appears alongside such work. I imagine most Guardian staff are paid, so why are we ‘citizen’ contributors not? Is there some legal definition of ‘freelance’ which the Guardian are using which excludes ordinary punters?
The irony in all of this is that the Guardian is currently carrying a helpful series of articles by the Authors Licensing and Collecting Society on “Why copyright matters” and “Landmark moments in publishing and copyright – in pictures” and the very useful “Your words, your money” in which the authors state helpfully:
“In this internet age, when so many of us are self-publishers, the issue of copyright is a burning one. Copyright plays a vital role in encouraging, as well as protecting, creative talent. Everyone who writes online, or enjoys publishing their music or art on social media platforms, should have a vested interest: after all, copyright guards the intellectual and economic rights of the creators of everything from blogs and websites to songs and books. And if you get paid for the work you produce, copyright can help you to develop your creativity – not to mention giving up the day job.”
And the hugely significant:
“It’s important to know, for example, that the Copyright, Designs and Patents Act of 1988 awards copyright owners exclusive rights which include copying work they’ve produced, issuing copies of it to the public, performing, showing or playing it in public, and making it available online. So the more you know and understand about copyright, the better it is for your creative freedom – and for your bank balance.”
If I was a recent contributor to Guardian Witness I think I’d be tempted to submit my invoice and await payment. Maybe it will help me give up the day job….
Author — John Macpherson
John MacPherson was born and lives in the Scottish Highlands. He trained as a welder in the Glasgow shipyards, before completing an apprenticeship as a carpenter, and then qualified as a Social Worker in Disability Services. Along the way he has cooked on canal barges, trained as an Alpine Ski Leader & worked as an Instructor for Skiers with disabilities, been a canoe instructor, and tutor of night classes in carpentry, stained glass design and manufacture, and archery. He has travelled extensively on various continents, undertaking solo trips by bicycle, or motorcycle. He has had narrow escapes from an ambush by terrorists, been hit by lightning, caught in an erupting volcano, trapped in a mobile home by a tornado, kidnapped by a dog's hairdresser, rammed by a basking shark and was once bitten by a wild otter. He has combined all this with professional photography, which he has practised for over 35 years. He teaches photography and acts as a photography guide & tutor in the UK and abroad. His biggest challenge is keeping his 30 year old Land Rover 110 on the road. He loves telling and hearing stories.
Discussion (8 Comments)
At first, I thought you trying to be “clever,” but they do, in fact, hang themselves with their very own words…
Hi Stan – I wasn’t certain, so went over and over and over the details several times and was sure I’d missed something fundamental, but I’m not seeing anything that contradicts my understanding.
Certainly seems so- or they would have gladly corrected you by now.
That’s what I’d have expected. Really easy to say – “no you’re wrong, for xxx reason” but silence usually means they’re wondering why Larry in Rights didn’t speak to Louise in Legal and what will we do now. I’ll keep an open mind though – I’m probably missing something really really obvious (like they’re different companies!).
Thanks for this John. A real eye opener. Agreed that there seems to have been some communication breakdown at the Grauniad.
Funny one Tony.You’d think they’d have stuff like this sorted, but it seems in their haste to grab content they assume “it’ll be fine, nobody will notice” or some such. I’m still interested to hear their response.
If and when they do respond, John, please post it up here. Would be sad if it turns out to be a ‘content grab’ as, in my naivete, I always think of the Guardian as having a more reasonable outlook/approach to paying for submissions etc than other newspapers.
The Witness setup is certainly a rights grab, it’s clearly detailed in the small print. My surprise is that they have not thought about how that squares with the Freelance Charter details and the fact they are obliged to pay “for submissions”. As I said, if I’d submitted anything to Witness I’d be sticking in my invoice and demanding payment at their stated freelance rates. Will certainly post any response I get.