Violation of copyright

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