The Photographer Bill of Rights toolkits
03 Nov

The Photographer Bill of Rights toolkit

by In: Opportunities for Creatives, Photography, ToolKits - 0 Comment

Community Over Scarcity

This toolkit was written by lens-based workers with the goal of creating resources that strengthen collective power. By sharing these skills and tools for navigating the hardest parts of what we are asked to do, we are able to demand more for ourselves, working with a sense of community and abundance. We can care for one another by being transparent and making every day choices that are rooted in working and living with dignity.

Health and Safety

Taking care of ourselves helps us minimize harm when we’re working. Finding a trusted group of peers to grow, learn, and build these ways of looking out for one another will help us all be better members of our communities. 

RISK ASSESSMENTS

It’s important to feel safe and supported before agreeing to an assignment. Your safety affects you, your household, your community, and the people you’re making imagery with.

Ask the hiring party about: 

  • Hazard pay

  • Personal protective equipment (PPE)

  • Obtaining a certified credential recognizing your work, a letter of assignment from an editor in case it’s necessary for access, or to prove your status as a working journalist

  • Acquiring appropriate training (Hostile Environment, First Aid, Conflict and Civil Unrest)

  • Trauma-informed aftercare

  • Communication plans

  • Digital security

Your contracts with hiring parties should guarantee institutional support should anything happen, and should guarantee responsible institutional efforts to make sure safety measures are in place. At the same time, recognize your equal responsibility to keep yourself safe, communicate effectively, and not do anything that puts you at a particular risk. Let the hiring party know if you aren’t comfortable taking on an assignment due to your personal health or risk assessment, and be willing to cut an assignment short if it feels unsafe.

DIGITAL SECURITY CHECKLIST

Our personal considerations for digital security will vary depending on the work we do and the places we spend time.

People from marginalized groups will face more abuse online than others; we recognize this and want to name some things to consider if you are facing harassment or working on assignments, especially long-term investigative projects, that require protocol to protect sources/yourself.

Ensuring our digital security means that we can do our best work with confidence and with less time and energy spent on fear of reprisal. We encourage you to find methods that incorporate the idea of harm reduction, understanding that we must balance what is possible with where we are most vulnerable.

Start with these questions:

1. What do I want to protect?
2. Who do I want to protect it from?
3. How bad are the consequences if I fail?
4. How likely is it that I need to protect it?
5. How much effort am I willing to put in to prevent possible consequences?

  • Password protections are essential. Using two-factor authentication on email and social media will better protect you from potential harm.

    • Passwords are strongest when they are five words or longer.

    • Programs like 1Password and LastPass can be helpful and are designed to help track and organize passwords between different sites.

  • Consider encrypted communications such as Signal or WhatsApp

    • Do your homework on these apps! Different companies have different policies that can be more or less supportive to your work and safety. Research which software and hardware have successfully resisted government intrusion.

  • Use a VPN while online, for everything from browsing to email to transmitting images.  Consider using browsers such as DuckDuckGo & TOR.

  • When choosing apps or services to use to support your digital security, remember that there is no perfect solution or application. Be ready to adapt as technologies and your priorities evolve.

  • Consider removing any social media connections to family or people you want to protect if being actively targeted for harassment/doxxing.

  • Check third-party public search sites for home addresses/phone number and remove information if possible. This is time consuming and tedious. These sites make it difficult to remove details for a reason.

  • Consider if you want your phone/email made public on your website or if you want a separate professional email.

  • Turn off your phone and computer while moving through security checkpoints or border areas. Be aware that during a search you may be asked for your technology, and in border zones or ports of entry denying access to these items may mean longer wait times or temporary detention. You are best protected to look up your rights at a Port of Entry and be prepared to know how to assert them.

  • Turn off facial recognition and fingerprint password bypass systems when you think you might encounter authorities who want to access your device. The legal protections for actual passwords are significantly stronger.

FINANCE AND GRIEVANCES

We can care for one another by being transparent about rates and contract terms that reflect the work we do and allow us to live with dignity.

“How do I know what to charge? How can I make sure I’m being fairly compensated?”

TALK TO YOUR COLLEAGUES! Truly the best way to know the going rate for a job is by talking with other people who do that job near you. There are people around you who have piloted drones or made a music video for that company before or worked for that newspaper or magazine. Your best resources are the other workers who’ve done work for similar clients in your geographic region. We should do what we can not to undercut one another. Every time someone gets paid accordingly, an angel gets its wings.

It can be intimidating to ask for more money or resources, but negotiations are necessary and expected. Ask around to better understand what typical day rates would be for a job or perhaps if it’s best to ask for a flat rate for the project. These are all variables that can and will change depending on the nature of the assignment/hire and will be reflected accordingly. Less experience does not mean that you should be under-compensated. Due diligence about going rates and specific figures will be your power for getting fair pay.

The Getty Image Calculator can be a starting point for specific quotes in commercial, editorial, and non-profit sectors. It lets you plug in the medium, audience size, and length of proposed license for a fee estimate, but be aware that those rates are typically low and do not account for the higher value that your unique image might have. There are other similar resources, like BlinkBid or FotoQuote. Use these tools as a reference and adjust your rates based on what works for you and your practice.

The NPPA Cost of Doing Business Calculator is another tool to help calculate what you need to earn from each assignment in order to be profitable. The numbers you input should be reasonable, but you should plan to make a salary that you can live comfortably on.

ALL ABOUT CONTRACTS

DISCUSS CONTRACTS AT THE BOOKING STAGE. If you are working from a contract offered by a client, that contract should be offered for your review PRIOR to the assignment. Don’t be intimidated into changing the nature of your agreement after the work is complete. Read over any agreements carefully and thoroughly. Understand what is being asked and what it means for your work. Know that you can strike through sections you don’t agree with.

Don’t wait for the hiring party to send a contract the day of assignment or after. If your client doesn’t provide a contract, be ready to send yours.

It’s important to have your own contract with your preferred terms ready for clients. The best way to create a contract is to work with an attorney in your state who works regularly with others in your industry. It may help to skim through model contracts for terms that are important to you, but many model contracts are missing important elements and contract law varies from state to state. Local advice is best. Advocate for yourself!

GUIDING QUESTIONS

When designing a quote make sure you have a clear and mutual understanding of: 

  • Contract, terms, and necessary paperwork

  • Fees

  • Payment timeline (including late payment and kill fees)

  • Invoicing instructions

  • Direct contact for legal and finance departments in the event of payment issues or inquiries

  • What kind of pre-production is expected?

  • What is the expectation of travel & expenses?

  • What is the timeline for upfront expense compensation?

  • What is the expectation of time spent on the job itself?

  • Do you need to hire or purchase extra equipment? Will you need to insure it?

  • Do you need to hire an assistant or other team members? Will those individuals be treated as employees under state law and if so, have you accounted for the extra expense?

  • Do you have a risk assessment in place for things like safety?

  • If you are traveling, do you have a per diem built in?

  • If you are traveling, do you have your accommodations built in?

Create a contract that supports you:

  • Do you have a clear outline of the scope of the project or assignment and the ways your work will be used? (Details here, the more you include the better, be specific, ask lots of questions!) Example: X pages content insertion, X premium plugin, X sidebar graphics, X number of revisions, etc. Again, the more detailed you are the better.

  • What happens when either party cancels (either by choice or because of circumstances beyond your control—such as a travel shutdown)?

  • Who owns the copyright to the work?

  • Can the work be used in a way other than it is initially intended?

  • If the client has a sublicensing right, will you receive additional compensation?

  • Are you able to share client details with third parties (are you planning on outsourcing some of the work?)?

  • Is there an “indemnification” clause which requires you to insure and defend the client in case of a lawsuit?

WATCH OUT FOR:

WORK FOR HIRE
WFH agreements have become commonplace but are designed to mostly benefit the hiring parties. The same is true with contracts that are not specifically Work for Hire but still transfer or assign the copyright to the client. They are a red flag and mean that you lose complete control over the work you created. You also lose the ability to relicense the work, which is an additional source of revenue.

Instead of a work for hire agreement, you can suggest shared copyright, limiting the granted rights to the work, or licensing only the rights the client actually needs. Even if those rights are broad (in which case you should be compensated appropriately) a broad license is preferable to a copyright transfer.

Talk to your client about copyright. Often there is a legal team that you can speak directly to for such questions and to minimize back and forth between other individuals. Losing rights to your work means losing control over how it gets used and losing money! Producing images under a work for hire agreement means the publication can do whatever they want with your work, even in contexts beyond the editorial scope. This is concerning especially when making images of sensitive communities or topics.

If you do accept terms, in which you give up your copyright, make sure you are being compensated fairly. Licensing rates are high, do your research on these amounts and the scope of the work, the context of use, and potential outcomes for the footage.  If the hiring body has a limited budget, negotiate a limited scope of work or consider re-negotiating. This is particularly important for video, as rates are often far too low and footage is likely to be used multiple times or catalogued for the company’s profit. Don’t undercut your worth and realize that accepting low rates makes it harder for colleagues to push back as well.


ASSIGNMENT TRANSFER / RIGHTS TRANSFER
Ensure copyright stays with the worker by eliminating predatory contracts including WFH or contracts that transfer rights away from the photographer through clauses.


LONG PAYMENT TERMS (e.g. NET-90)
While Net-15 and Net-30 payment periods are common, some hiring parties and institutions maintain longer payment terms — reaching Net-90 or longer. Unreasonably long payment periods are prohibitive for workers without financial stability, or access to social and legal resources. Hiring parties have no excuse for predatory payment practices, especially with modern technological advances. Pressure hiring parties to change their payment policies by pushing back whenever you encounter a long payment term. When invoicing, date your invoice for the date of the assignment.


LOW COMPENSATION OR NO COMPENSATION
Publications, non-profits, or companies may reach out to use your images. Great! The catch? They don’t have a budget to compensate you but will “make sure to credit you.” Or, they are offering a rate much lower than your standard licensing fee. While this is frustrating, consider responding to these clients by educating them on the value of your work. Offering a better understanding of your business may help them realize the flaws in their approach. It is often the case that a company has money, they just haven’t chosen to spend it on photography. If they need photography, they need to have a budget for it. Know your worth and become comfortable with using the word “no” with potential clients that don’t fit your financial or other goals. This will free you up to work with clients that are right for you. Additionally, when they do have a project with a budget, or when the editor moves on to a better company, they will remember you.


VAGUE OR CONFUSING LANGUAGE
If you’re unsure what something means, consult with your hiring editor, a colleague or lawyer, or seek out resources online. Assigning editors should be familiar with the terms of the contracts you are being asked to sign and if they are part of an organization that retains legal counsel, they should be able to clarify the terms directly. You can redline items you are not comfortable with or consider turning down work if the contract does not meet your standards. Stating this can help push for change internally if enough people push back or refuse.

EMAIL TEMPLATES:
Negotiate a higher rate for a Work For Hire contract

[LENS-BASED WORKER],

Are you available to photograph X political candidate on Thursday? Our contract is a standard Work For Hire Agreement and the rate is $X/day.

⟡

[EDITOR],

Thanks so much for your interest, but at this time I’m not in a position to perform Work for Hire for a rate of $X/day. Is there a specific reason your contract is written that way and is there a way around it? I’d be happy to discuss adjusting the terms of the contract, if you’re amenable to that.

EMAIL TEMPLATES:
An ask for free work

Example 1: 

[EDITOR],

I am incredibly disappointed that [organization] hasn’t budgeted to pay for  their content creators, but  would love to consider any paid opportunities you may have.

⟡

Example 2: 

[EDITOR],

Thank you for the interest in my work and for the offer to publish, however at this time I cannot offer images for free. This is a costly business, and my monthly expenses are significant.  If things change and you are in a position to pay to license images, please let me know. Exposure does not help in a tangible way to cover these costs.

Indemnification Clauses

An indemnification clause is a clause in a contract in which one party agrees to take on the burden of defending against a lawsuit related to the work provided for in the contract. Indemnifying a client against their use of your image, particularly if you have given them broad rights, or transferred the copyright, is very dangerous. You never want to indemnify against something that you don’t control, and in fact your client should indemnify YOU against their use of your work, since they have control over how they are using it. A mutual indemnification clause might say that you indemnify them against your errors, and they indemnify you against their errors. In any case, the cost of defending against a lawsuit is high, and if you find yourself signing any level of indemnification clauses, you want insurance that protects you in case of an issue. This should be a part of your overall budget/cost of doing business, and if a full indemnification of the client is required, be sure to charge extra for the added expense of insuring for this.

Contract Changes After the Assignment

Once you have completed the assignment, the client has the obligation to pay the agreed rate. You do not have to sign a new agreement that fundamentally alters the terms or gives the client more rights than originally agreed to. If such an agreement is presented to you as a prerequisite to payment, remember that the client is already obligated to pay you and failure to pay is a breach of contract.

Late Payment

You have the right to implement a late fee percentage for any client. Many acceptable rates could be calculated as a percentage of payment or be a flat rate, appropriate in amount depending on the full payment due. It is essential that this negotiation be part of the contract or it will void any efforts to seek late payment compensation after the fact! These items can easily be included in quotes as footers. Be sure to familiarize yourself with state law limits on what you can charge for late fees.

Examples of language for contract and invoice: 

“Full payment is expected within (X) days, failure to do so will result in a late fee of (X)% for every (X period) past due.”

EMAIL TEMPLATES:
Action on Late Payments

Before the assignment: Make sure the your late fee terms are included into the contract.

Example 1:

[EDITOR],

I wanted to follow up because I still haven’t received the [$X] payment for [ASSIGNMENT] completed on [DD/MM]. My invoice is re-attached here for reference. Please advise.

Example 2:

[EDITOR],

I’m following up again about the outstanding [$X] I’m owed from the [ASSIGNMENT] completed on [DD/MM]. According to the contract terms, I should have received my payment by [MM/DD]. My original invoice is reattached, in addition to our previous emails. I’ve also attached an invoice for my late fee, to cover the costs of my work to track down this payment. Please let me know the status of my check, or if I should connect with someone in your finance department.

Kill Fees

A kill fee is paid to a freelance worker for images made on assignment but not published by the hiring body, usually in lieu of the originally agreed-upon assignment or project fee.

When an assignment is cancelled by the client or for reasons beyond control, or if the work will no longer be published, you may be entitled to a “kill fee.” Depending on the outlet you’re working for, the kill fee may be a percentage of the agreed upon rate, and is meant to reassure independent workers that they’ll be compensated for the labor done until the point of cancellation.

  • BEFORE your assignment: check your contract for kill fee terms.

  • If the assignment is cancelled ask the assigning editor: “How should I bill for my time?”

  • If you receive pushback, calculate the amount of labor you’ve put into the project up until the point of cancellation and invoice for that cost of labor.

  • Why is it important to negotiate a kill fee? You should get paid for the labor, time and resources you’ve already invested into the assignment — whether or not the work publishes.

WHY PUSH BACK?

It can be intimidating to challenge a hiring body when they’re reaching out for potential work. You don’t want to undercut yourself or your colleagues, but you also don’t want to lose the job. However, pushing back on problematic industry standards, even if unsuccessful, will pressure hiring bodies to improve their practices in the long-term. Collective, repeated pressure will reveal worker grievances to hiring bodies and their institutions.

COPYRIGHT

Registering your copyright in the U.S.: To better protect your images from theft and misuse, register your copyright. Making this part of your workflow will strengthen any legal battles you may have to fight if your rights are infringed.

RESOURCES

EMAIL TEMPLATES:
Making a Commercial Quote

Example 1: 

Hi [CLIENT],

The team is  thrilled to hear that we are in the running for the job. I’m putting together a quote now.

Additional questions:

  • How quickly after the weekend would your team want videos and photography delivered by?

  • Are you still looking for drone footage?

  • Could you send an example of your graphics/editing style to illustrate the post production process? Does your social media stuff provide a good model?

Example 2: Hi [CLIENT],

This is great, thank you so much for the details.

My quote is as follows:

[CLIENT] is looking to license images and videos from [YOUR NAME HERE]  for X years for US digital marketing to be used on websites, social media platforms and potentially print advertising.

The content created will be:

(1) documentary/reportage-style images of [X]. I anticipate these shots being made at [specific times, shoot ideas].

(2) professionally strobe-lit headshots [X] on a background seamless we can provide (this will take about [X] minutes to set up and test, and [X] minutes for a person to execute. We can schedule to have people on deck and cycle through).

(3) [X] shoot, I would expect this to take [X] minutes

(4) [X]  x [X]-minute videos of [X], [X] minute video of scene and b-roll to be cut down into [X]

(cont.)

second video and [X] video for social media channels. This will be about [X] hours of shooting, [X] hours of video editing.

This may include drone footage, (Look up or ask a fellow worker for their rates of drone footage) a minute.

(7) big group shot, we will bring a ladder. This should take about [X] minutes to set up, and [X] minutes to execute.

The needs for the team are: a place to stay [X]. $65 / per diem per person for food. One hour break every 8 hours of work to eat and charge batteries. A $X gear rental fee for the rental of our equipment for the shoot. The rental of additional equipment we don’t own as needed. Our travel costs accounted for: driving up from [X] will cost [X].

We would like to offer you two photographers/photo editors at $X per 8 hour day and a videographer/video editor at a rate of $/ 8 hour day. If the Saturday is expected to be about 12 hours, and the Sunday about four, I’d bill that as two full days. Friday setup and shooting would be one full day.

(cont.)

3 days quote:
$X  photographers (2) planning, shooting, editing and delivering still images
$X videographer/video editor, planning, shooting, conducting interviews, editing and delivering video
$X  gear rental fee
$X per diem/person ($X total)
Gas mileage at $0.58/mile (It will be X miles of driving for the assignment)
Total: $X

2 days quote:
$X photographers (2)
$X videographer
$X gear rental fee
$X per diem/person (TOTAL: [X])
Gas mileage at $0.58/mile (X miles from LOCATION to LOCATION)
Total: [X]We are thrilled to be in the running for this project. Thank you so much for your time and consideration.

For workers who are faced with chasing down payments from bad actors, here are some resources and a list of organizations who will help you take legal action, regardless of direct membership:

ABUSE AND SEXUAL MISCONDUCT

Laws and rights to pursue a legal filing around abuse and harassment while working will vary depending on location and circumstances. Consider including a segment in your contract or at the very least have a conversation before working about how the hiring party handles such things. Know who your point of contact is and what kind of protocol (if any) exists to support you. Understand that Human Resources (HR) is a part of the company, and too often functions to protect the interest of the company — not you.

REMEMBER:

You are never under any obligation to report. This is your story and yours alone.

That said, there are programs for survivors and mechanisms to be supported. Find people you trust, seek out legal support that reflect regional policies. If you have groups you would recommend and trust to others, share them publicly or in contexts that make them available to people who may need them.

Know that you have immense support standing beside you in solidarity, you are seen and believed.

COMMON GASLIGHTING TACTICS

Abusive behaviors can take on different forms, including verbal. Repeated efforts to manipulate you using certain techniques can and will affect anyone’s professional performance and ability to exist safely. Here are some examples:

Discrediting You 

Sounds like: calling you unprofessional or amateur, pointing to a “lack of experience”, using tone-policing to suggest that you need to talk about the abuse/mistreatment you’ve experienced in a more measured or calm way. Questioning your ability or expertise: “a professional doesn’t act like that”

  • Using a mask of assertiveness, confidence or fake compassion

Sounds like: “I really hear you / understand / care BUT…”

Minimizing

Sounds like: “Oh come on, Don’t take yourself so seriously, It can’t be that bad, I’ve never heard of it!, Toughen up, it was just a joke.”

Denial & Avoidance

Sounds like: Demanding facts for things that are experiences, wanting proof or data for something lived from someone who is not actively involved in the accountability process or from someone challenging/discrediting you outright. It could also look like changing the subject abruptly, acting like nothing happened or public demands of private information. You may hear things like, “But X is always so nice to me”, or “X would never do that!”

Twisting & Reframing

Sounds like: Pulling out parts of what you have told them and refusing to hear the full statement. Misconstruing your words and obsessively focusing on their “confusion” instead of the thing you have said, disbelief by saying nice things about the perpetrator or pursuing ad hominem attacks on your character.

How to respond to tone-policing or gaslighting for yourself or someone else if you can do so safely:

— My feelings and experiences aren’t up for debate

— My emotions are valid

— My identity is not up for discussion

The people who want to engage in good-faith will hear you.

Emotional Labor

Emotional labor is the process of managing feelings and expressions to fulfill the emotional requirements of a job or within personal relationships. More specifically, it is the expectation of certain people to regulate their emotions during interactions with customers, co-workers, superiors, colleagues, friends or loved ones.

People who gaslight you are likely to demand your emotional labor. YOU OWE THEM NOTHING. It is a personal choice to engage these conversations and shouldn’t be at the detriment of your own mental health or work load.

Be aware that emotional labor is often gendered and becomes the burden of the people who are most marginalized. Take care to ask yourself what you are bringing to others, particularly what you are asking of your colleagues who are BIPOC, queer or transgender.

How it might show up:
Emotional labor can look like asking people to prove, over-explain or repeat instances of abuse. It can also be asking your BIPOC employees to be the diversity committee in your workplace, or asking your Black friend what you can do to help all Black people instead of interrogating your anti-Blackness and your place in white supremacy.

ABUSE OR SEXUAL MISCONDUCT ON THE JOB

Questions to ask before the assignment: 

  • What is the protocol if I experience sexual harassment or abuse on the job?

  • How have you handled reports of sexual harassment in the past?

  • If insured, does your plan cover trauma-related issues including mental/physical?

During the job: 

  • Exit strategy

  • Have scheduled check-ins for safety. Have a plan in place if you don’t hear from someone.

  • Take threats seriously. Document them thoroughly.

  • If traveling, familiarize yourself with local hospitals or clinics.

  • Consider implementing an emergency protocol chain with trusted people in your life who can help by offering emotional and logistical support.

Actions after an incident: 

  • Resources for support vary greatly by situation. We would love to connect with workers on recommended sources of support that can be vouched for and shared in this space. We also look forward to building systems of accountability and care together.

PARITY INCLUSION AND BIAS

The industry is only as strong as the most under-resourced, under-represented, and under-supported. Re-orienting away from bias is hard, life-long work—while there is no fixed end goal, growth, understanding, and empathy are gained every step of the way.

Accurate, truthful, and high-quality storytelling requires diverse perspectives, and a deep understanding and knowledge of the issues, stories, and people being documented. A diversity of perspectives are only achievable through inclusive hiring practices.

EMEMBER YOUR MAGIC!

People are asking to work with you and you deserve to be treated as part of this negotiation process, not an afterthought. You have the right to turn down a job due to ethical concerns with the approach or your safety on the job. You have a right to be treated professionally at all times; trust your gut. If someone seems dismissive or is devaluing the generosity of you asking important questions about how they address things like racism or harassment, or if they have agreements in place, they may not be the right people to work with.

We don’t have to accept assignments at face value. Challenge problematic approaches. The hiring editor should respect and value your input and local expertise. Be inspired to make independent sets where you foster the values you want around you! Environments where you are safe and supported allow your skill and artistry to be where your energy goes and it can be truly transformative.

A note on consequences: They vary. There are people who can take the risk to stand up, and not everyone is going to be labeled difficult or angry. Some people will be rewarded, and some will face consequences. If you’re a person with privilege, spend time thinking about how you can leverage it to improve working conditions for everyone.

EMAIL TEMPLATES:
Turning Down a Job That You Feel is Unethical
(i.e. glorifies racists, profiles hate groups, has a premise that you know is untrue, or puts the worker in an unsafe place.)

[EDITOR]:

Are you available to work for us tomorrow? We have a profile on a Racist Group about their reaction to the recent news event. I’m looking to make portraits of this leader of said problematic group. Our day rate is $X and I am planning on just 1 day of shooting. Are ya up for it?

[WORKER]:

I mean absolutely no disrespect for you, but I don’t feel comfortable with the framing of the story in regards to this subject matter and therefore must decline this assignment.

I sincerely appreciate the opportunity.

[EDITOR]:

I respect your decision to decline assignments. Can we make time to  talk further about your decision on the phone? I might have not explained the assignment properly in my first email.

* Here you can convey your concerns on a phone call. If the editor/hiring party isn’t open to changing the framing of the story, you have every right to turn the assignment down. You have every right to take any job, but you shouldn’t have to compromise your safety or values. 

PASSING ON AN ASSIGNMENT

REASONS TO PASS ON AN ASSIGNMENT:

  • The assignment is out of the zone you feel comfortable traveling due to COVID-19.

  • You’ve had an okay month financially and you know of someone else in your community who hasn’t had as many jobs or maybe doesn’t have a safety net.

  • The story involves nuanced reporting about a community for whom you are an outsider. Sometimes we just don’t have the range, and that’s when it’s so crucial to have created a diverse network of people in your community you can recommend for the job.

  • You are working consistently at a time when others are not. Hoarding work means you are taking valuable opportunities away from others for jobs that would be critical to them moving forward professionally, and inconsequential for you to pass along because you are financially stable and have strong relationships to keep getting hired.

  • Note: If you are passing on an assignment because the pay is not appropriate, ask other photographers if it fits their business model before referring them.

Making space is crucial to a more fair industry. Creating an equitable industry can look like the many networks of mutual aid we are seeing happen in communities everywhere. This would look like BIPOC image makers getting opportunities for real mentorship, access to equipment, training, and personal connections to people making editorial decisions. This is more than just recommending a BIPOC image-maker in your city—it means you are actively a part of equipping people with the knowledge (this is where transparency and skillshares matter!) and equipment necessary to do the job safely.

Part of what we understand about this industry is that nepotism has played a critical role in altering the kinds of visual storytelling that have been validated and published. It is common that publications find new lens-based workers through the recommendations of people they’ve worked with in the past. At moments when there are rapidly moving events happening, it is much less likely that new talent would be given an opportunity. Vouching for fellow workers can help ensure more people are getting paid.

These moments are a chance to build more meaningful relationships and conversations between yourself and the people who hire you. It can often be a way to build trust, and oftentimes people are impressed that you are tuned into the community of skilled image makers around you as well as grateful for your initiative in helping them bring important content to the public.

Can it be scary to speak up? Yes. Do it anyway! It also feels great to lift up work and people who you know deserve these jobs and will make beautiful, meaningful work that might otherwise go unrecognized.

EMAIL TEMPLATES:
Passing on work & making space for more nuanced reporting by elevating an underrepresented perspective

[EDITOR],

I’m thrilled to hear from you and that I came to mind for this assignment.

Respectfully, because of [insert reason here], I would like to share the contact information for another worker in my area. [You will have gotten permission from them to send Their website, phone number]. They take great care in their work and [one thing i really love about their work is]. They would do a fantastic job.

Hoping we can work together soon,
[LENS-BASED WORKER]

INCLUSION & ACCESSIBILITY RIDERS

Here is your opportunity to set seats at the table and make sure your panel, judges for your contest, portfolio review, commercial set, freelance roster or newsroom is full of a diversity of experiences, not tokenization or checked boxes.

  • Juries should be inclusive and diverse, and contests should be accessible. Represent womxn, Black, Indigenous, people of color, people with disabilities, nonbinary, transgender, and queer people, and people of different economic backgrounds.

  • Refuse to be a part of, or attend events with all white panels or juries. SPEAK UP. It shouldn’t only be on folks with marginalized identities to say something.

Building a diverse cast and crew on a commercial set

WATCH OUT FOR:

  • Community agreements and codes of conduct in professional and social spaces where expectations are clear from the outset and respected by all.

  • What are the leadership models like? Who gets a voice and is valued?

  • People who lead by example and are willing to be transparent as well as committed to accountability processes that foster safety and trust.

  • If these things are lacking, create guidelines for your own projects, written into contracts to be signed by participating creatives and stick to them. Help this become a norm.

Example 1: 

  • We do not tolerate discrimination or harassment. 

Bullying and abuse are not tolerated. Dog whistles, stereotyping, and ‘ironic’ jokes will get you expelled from set, no questions asked. This is a ‘one strike, you’re out’ policy: at the first instance of discrimination or harassment, you will be asked to vacate the set for the remainder of the project.

  • We are inclusive.

If you are uncomfortable being around people of color AND/OR working with inclusive crews (i.e. crews that are often staffed with a majority of women of color and nonbinary people), we ask that you reconsider our collaboration for the safety and well being of all involved. We reserve the right to work with brands/clients/publishers who practice inclusive hiring. Any instances of discrimination or harassment will be reported and will result in expulsion from project/set.

Example 2:

  • BE INCLUSIVE

I will welcome and support people of all backgrounds and identities. This includes, but is not limited to members of any sexual orientation, gender identity and expression, race, ethnicity, culture, national origin, social and economic class, educational level, color, immigration status, sex, age, size, family status, political belief, religion, and mental and physical ability.

  • BE OPEN TO CHALLENGE

I can find strength in seeing something differently, especially things that challenge my perception of the world around me. Different people have different perspectives, and that can be valuable for solving problems creatively and generating new ideas. Being unable to understand why someone holds a viewpoint doesn’t mean that they’re wrong. It is my work to meet these challenges with grace and gratitude for that which I am learning. Instead of blaming others for the inevitable mistakes and missteps, I will focus on resolving issues kindly, using open communication and good listening skills so we all can learn from our mistakes and grow together.

SIGNATORY CODE OF CONDUCT EXAMPLE:

I hereby acknowledge that I understand and will comply with all sections of the code of conduct and am aware that any prohibited conduct will result in the expulsion off set/from project and/or other punitive measures, including but not limited to, the loss of [YOUR NAME HERE] and their commissioned team, for this project.

Name (Printed): _____________________________________

Name (Signature): _____________________________________

RESOURCES

Guiding Questions: Inclusion & Accessibility in Programming

Invitation to judge a contest/grant:

  • Who else is being considered for the judging panel?

  • How is your contest/program ensuring an inclusive and diverse pool of applicants?

  • Did applicants have to pay to enter?

Invitation to speak on a panel or at an event: 

  • Who else is being considered as a speaker?

  • How much does it cost to attend the event? If there’s a fee, is there a fee waiver or reduction program available? Is there a scholarship program?

Logistics: 

  • Enforceable Code of Conduct?

  • Escalation for issues?

  • Honorarium?

  • Accessibility considerations? Gender-neutral restrooms, pronouns.

  • Who is sponsoring or financing the program? Do their missions align with the values of community?

RESOURCES

 

FOSTERING COMMUNITY

A thriving industry is built on inclusivity, mutual support, transparency, and honesty. These principles can help us to build community and accountability for ourselves and among our colleagues. In “Beyond the Bill,” read more about how we can all choose to work and interact in ways that protect and support everyone in their personal and professional growth.

ESTABLISH COMMUNITY GUIDELINES

  • No sexism, racism, anti-Blackness, homophobia, ableism, transphobia or other forms of bigotry.

  • Listen to people who identify racist, colorist, sexist, ableist, homophobic, transphobic, xenophobic, anti-semitic, etc. attitudes that you may harbor, even if unintentionally.

  • Awareness of privilege in different spaces and intersectional approach . Center those with marginalized identities — actively DEcenter whiteness and masculinity.

  • Offer up your contacts, introduce people you know who have things in common and can make good work together. Move with an understanding that there is enough, and it starts with you.

  • Respectfully engage in dialogue without bullying, and without policing the tone of others.

SHARE RESOURCES WITH OTHER IMAGE-MAKERS

  • Share resources, such as calendars with deadlines for grants and contests and e-mail contacts.

  • Post job, internship, and contract opportunities publicly.

  • Recognize, accept, and learn from harmful attitudes by educating yourself further.

  • Don’t accept work conditions or rates that others wouldn’t be able to work with. Only under exceptional circumstances agree to provide your work for free. An example could include donating a print for a good cause.

  • Directly recommend new and mid-career talent for gigs/projects/jobs you are too busy to take or not interested in doing.

  • Donate time and resources to empower marginalized workers.

Informed consent if and when applicable requires a full understanding of where and how that media may appear, as well as the potential consequences of publication. Stay tuned for a full chapter in “Beyond the Bill” that will detail more issues surrounding minimizing harm.

SAMPLE DIALOGUE: MINIMIZING HARM
Applies to fast-paced situations like protests, in situations that are rapidly evolving, or situations unbalanced in power for the source like an immigration case or a criminal proceeding

DURING: Hi my name is [LENS-BASED WORKER], I’m an independent photographer working for [X] . Do you feel safe with me making your photo at this time?  Listen for a confident yes or leave. Here is my business card with my information. Contact me if you have questions later or if you’d like to follow up. This may be published on my social channels and there is a possibility that a publication licenses it after the fact.

AFTER: Hi my name is [LENS-BASED WORKER], I’m an independent photographer working for [X] + I made your photograph earlier while you were [X]. I’m a [type of lens-based worker] and my imagery typically appears [on my page or on a publication]. Do you feel comfortable with me documenting you today? Here’s my card—you can always opt out and I will honor that.

Making images in ongoing relationship you want to preserve:

Hi X,

My name is [LENS-BASED WORKER], I’m an independent photographer working for [X] . We met during a high-stress time, and I’d like to follow up and make photos during all the work that goes on to get us to this point. My intentions are [X], and my goal with these images is [X]. How could we connect and make this possible?

A NOTE TO IMAGE-MAKERS WHO CARRY PRIVILEGE THROUGH IDENTITY, WEALTH, OR POSITION

So much of this work is deeply private and personal. Many of these actions will not help you win awards, earn you accolades, or provide professional ‘success’ in the ways that we have been shown are valued. Some of these things will feel challenging, we invite you into that discomfort and encourage you to revisit your choices on a daily basis. Growth means discomfort. We urge you to realize how lucky it is that you might be able to change your own behavior, instead of being in a position to be fearful of someone else’s. When people are generous enough to directly share their experience of being marginalized, we can choose to be defensive or we can choose to understand that they are putting time and energy into sharing this (and being brave and vulnerable in doing so). It is on us to listen. It is on us to lead steadily through example with the understanding that the people who are interested in building a healthier, more vibrant, more generous practice as image makers will find each other. Pay attention to where you feel seen, heard, respected, and celebrated. Invest in the people and places that invest in you.

IN CONCLUSION:

Come as you are, bring your skills, and share them. If you have an area of expertise or see something missing that you can bring to the revolution, email us at info@sanaa.co.ke

The “Toolkits” — which offer email templates, guiding questions and considerations for workers and hiring parties, and detailed suggestions for action items — are intended to be a supplement to the Photo Bill of Rights. These toolkits are living documents that will change and expand over time.

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