Freelancers attack Bauer Media's 'rights-grab' contract

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Music writers and photographers who do not sign new copyright contracts at Kerrang!, MOJO and Q Magazine by the end of the week will be forced to leave, aggrieved freelancers have claimed.

A group of freelance contributors claim that the new contracts issued by publisher Bauer Media : "remove copyright and all financial, legal and moral rights from freelance writers and photographers, while simultaneously requiring that the freelances provide Bauer with an unlimited lifetime financial indemnity in the event of legal action arising from their work".

"Among various other restrictive impositions, the contract further grants Bauer the right to sell stories or photos to whomever they wish without reference to the writers, photographers or the subjects of the work - and it even presses freelances to acquire licenses from their subjects for the company to use their image for its own profit as and when it wishes".

The Bauer freelancers say that they have been threatened with an ultimatum warning that if contracts are not signed before April 16 2010 contributors will no longer be commissioned.

"You'll either have to sign the contract -  signing copyright away; sign and be a slave - or not work for them again," said photographer Kevin Westenberg.

"I already decided not to sign a long time ago. Never give your rights away. This is your pension and legacy."

In response to the freelancers' statement , a Bauer Media spokesperson said: "Bauer Media is seeking new standard contract terms with our music magazine freelancers to enable us to re-use commissioned material across other brands, digital platforms, international editions and any new ways its consumers choose to engage with brand content in line with fundamental changes in media industry and consumer expectations.

"Bauer Media needs to be firmly placed to take advantage of new revenue streams and opportunities as they arise. We believe the new Bauer Media-wide terms and conditions for commissioning contributors and photographers will still be among the very best in the industry."

Freelancers are not satisfied with the explanation. "As contributors, we share Bauer's need for their titles to remain profitable, and are offering Bauer permission to use some material on the iPad and similar digital platforms for no extra payment," said Iggy Pop's biographer Paul Trynka.

But while prepared to make concessions, many freelancers are not prepared to hand over full copyright.

Following initial complaint, Bauer have withdrawn the rights-grab from some versions of the contracts, the freelancers claim.

"However, the open-ended legal liabilities remain, and it is unclear whether these improvements for a few contributors will apply for long," the freelancer group said.

Bauer claimed that the freelance group had overestimated the number of freelancers affected. Two hundred is "considerably higher than the number of freelancers we currently use on our entertainment magazine," the spokeperson said.

It also said many freelancers have already signed. "Bauer Media is offering a fair contract and still provides some of the best T&Cs in the industry," the spokesperson added.

"Bauer Media is not unique in the marketplace as most other publishers - including Dennis; Haymarket; The Telegraph; Future and the BBC - have already introduced similar contracts."

Bauer Media also confirmed that new copyright contracts will also be rolled across other London-based magazine brands in due course.

Bauer's spokesperson also claimed that the company is in one-to-one conversations with contributors and remains "confident" writers and photographers will continue to contribute.

But freelancer Angus Batey, a member of the NUJ who has written for MOJO for ten years, up to and including the current issue, objected to Bauer's policy of dealing with it on a case by case basis.

"They won't talk to us collectively, only individually," he said. Batey said he decided not to sign the contract: "I despise the way it's been introduced and before considering working for the company again I'll need a written apology from the people responsible, over and above an agreement I consider fair and reasonable."

The freelancers are using a Twitter account @bauercontract to raise awareness of the issues around the contract.

Freelancers for specialist publications in Peterborough have already signed similar contracts, but the terms were disputed at the time of their introduction in 2008. Speaking about the 2008 negotiations, NUJ freelance organiser John Toner said the contract was 'one of the most outrageous' he had ever seen in the UK.