Violation of copyright

On Oct. 2, 2000, I applied for a job as a photographer at djakarta! magazine. As arranged earlier by phone, I met Mr. Daniel Ziv of the editorial board of the magazine. On the same day I was assigned to take photographs for an article by Seno Gumira Ajidarma about Teater Dalam Gang (Theater in a lane).

Exactly a week later, I was asked to come back to the location to take pictures of the stage rehearsal. The deadline for the pictures was Oct 13. After I submitted the pictures, I was told that I would not be paid because my pictures were taken as an entrance test. Disappointed I edited the photographs and left them with the djakarta! magazine, hoping that I could meet the requirements and later work for the magazine.

On Oct. 14 Mr. Daniel Ziv telephoned me, saying that he was disappointed with my photographs and that the photos did not meet the requirements for publication in the maiden edition of the magazine. What has kept me curious is the reason why they have not told me the result of the test. What happened is that my pictures were finally published and I was not paid. I'm tempted, therefore, to think that this may be a ruse employed by djakarta! to get free photographs. So the entrance test for photographers is only a modus operandi.

In defense of my rights as a photographer, I sent a letter to djakarta! on Nov. 16, Nov. 27 and Dec. 8, 2000. Unfortunately, djakarta! only responded to my second letter. In its letter of Nov. 28, it twisted the facts and wrote, to my greatest exasperation, that the compensation (fee) for the publication of my photographs was the credit title under my name. They said it could serve as a personal promotion for me.

It's a shame that artists, particularly photographers, are yet to achieve the appreciation they deserve although Indonesia has ratified the Berne Convention and Trade-Related Aspect of Intellectual Property Rights (TRIPS). What djakarta! has done is a violation of the Law on Copyrights and the magazine can be sued in a civil case (Article 42) or in a criminal case (Article 44 paragraph 1). djakarta has never asked me, orally or in writing, for my permission to publish or reproduce my photographs.

IMELDA STEFANNY

Jakarta