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Go to the main meeting page for the Media Symposium
Symposium
on Information Technologies in the Media Geneva, 28 February - 3 March 2000
International Labour Office Geneva
Copyright ©2000 International Labour Organization (ILO)
4. Impact of information technologies on
contractual arrangements, status and
labour-management relations
Performers -- actors and dancers in film,
broadcasting and live theatre
The new technologies, in conjunction with the reduction in importance of the state-owned or subsidized entertainment sector, the development of independent production companies and the growing importance of multi-industry conglomerates in the film and broadcasting businesses, have tended to fragment the working environment and curtail the possibilities for effective collective bargaining or agreements for performers. Furthermore, the contractual status of performers and their relationship with employers are often more unclear than in the past, with subcontracting and the creation of shell companies to produce a film or other product being more common now. This makes it difficult for performers to know their rights, make claims for compensation or negotiate terms for exploitation of the product, especially after completion of production.(1)
In some Western countries, including Australia, Denmark, Sweden and the United Kingdom, the same union represents performers whether their work is live or recorded; in other countries (e.g. the United States and Canada) there are separate unions to represent the interests of performers working in the recorded media. In the United States, different organizations were created to represent performers whose work was recorded on film and on videotape. However, regardless of the state of union organization, performers and their trade unions work to protect their interests, sometimes in conjunction with governments, using two sometimes complementary approaches.
The legal protection of performers is provided to some degree in certain countries through a law of personality, a competition law provision, or a prohibition against unjust enrichment. In the United Kingdom, those who make or use performances without consent may be subject to prosecution under criminal law. In the United States, the right of publicity takes many different forms from state to state, generally characterized as the right to prevent others from using an individual's image without consent for commercial purposes. Over the years, there have been a number of legal cases about such provisions, resolved with varying degrees of success from the perspective of the performer. In countries which provide broad national rights for audiovisual performances, including both economic and moral rights, the situation of performers in respect of new media developments is somewhat stronger than in others. These rights are a useful tool for protecting the performer and the performance as and when the work is exploited.
In countries such as Australia, the United Kingdom and the United States, this typically involves a vote of performers in the "bargaining unit". Once certified, employers have an obligation to bargain and there may be statutory assistance provided to the parties before industrial action can be taken, or a dispute settlement process. While certifications are issued on a workplace basis, parties can often voluntarily expand the scope to be industry-wide. In Canada, because performers are self-employed, bargaining has developed outside labour laws as an entirely voluntary relationship between the unions and producers. In industrialized countries, collective bargaining agreements are commonplace and the bulk of production in the recorded media takes place under their terms, with organizations of producers (sometimes with large individual producers or major public broadcasters). Most unions negotiate and administer a variety of agreements which cover performers in television dramas, soap operas, movies, current affairs shows, children's, variety, music, sports and other programmes, which are to be released theatrically, on television, radio, direct to cassettes, as CD-ROMs, videos or otherwise.
The agreements typically provide minimum standards, with authority for the producer and individual performer to negotiate conditions more favourable to performers. The terms of the relationship between the performer and the producer must be in the form of a written contract. Minimum standards established by the agreement usually include clauses on:
Collective agreements in industrialized countries generally provide that payment of the original fee includes the right to record the performance in the first instance and exploit the work in certain ways. For example, most theatrical film producers acquire the right to release theatrical performances as movies in cinemas for a period of time, perhaps limited by the market, or including all geographical regions in perpetuity as is the case in most English-speaking countries. Producers of television programmes acquire the right to broadcast the programme a certain number of times in defined markets -- from one or two network broadcasts through to unlimited release for free television for a certain number of years. The reuse of the material in the defined markets, or use of the material in other markets, brings a requirement to pay additional fees, residuals, or royalties.
However, it is difficult to generalize, since there is an enormous variation of possibilities. Even in a relatively small market such as Canada, each of the roughly 40 collective agreements negotiated by the performer unions to cover production in the recorded media in both official languages takes a different approach, depending on the needs of the producer and the views and relative strength of the members who work under the agreement:
In countries where copyright systems are in place and performers are entitled to receive a share of statutory royalties when the work is exploited in certain ways, the agreements may not provide fees for reuses in such markets, since performers are remunerated through copyright tribunals and collectives. For example, in Europe this is often true for programmes retransmitted via cable or satellite into secondary markets.
Other provisions in the agreements are relevant to new media issues. The Alliance of Canadian Cinema, Television and Radio Artists (ACTRA) represents 13,000 performers working in languages other than French, in all of the recorded media. In its principal agreements, there are provisions on "other uses not provided herein" which establish that where the producer wishes to exploit the work in a manner not detailed in the agreement, a new market for example, the producer or producers' association must first negotiate with ACTRA an appropriate use fee to be paid to performers.
The following extract is from the agreement between ACTRA and the principal organizations representing Canada's independent producers. In 1998, earnings under the Independent Production Agreement were roughly two-thirds of total earnings in ACTRA's jurisdiction.
Should a producer wish to exploit a form of use for which terms and conditions are not specified in this Agreement, such use shall not be made of the Production until (ACTRA) and the (Producer) Associations have negotiated mutually acceptable terms and conditions to apply to such form of use and any dispute hereunder will be referred to final and binding Arbitration in accordance with (the dispute settlement procedure).
Similar, although perhaps not so explicit, clauses allow unions in other countries to exercise some degree of influence in this respect. Other clauses establish the parameters for "restructured reuse", re-editing or recreation of programmes or series in new ways in order to extend their life or adapt them for special circumstances. In ACTRA's case, the clauses originated when the Canadian Broadcasting Corporation (CBC) wished to reuse a series starring one of their most famous comedy teams, which ran from the days of black-and-white television to the 1980s. The series was substantially re-edited, with sketches from different episodes and eras interwoven in new ways, in 30-minute episodes, half the length of the original ones. In reaching agreement, the parties developed a number of precedents, including the need for the written consent of the performers -- or the union itself in cases where the original performers could no longer be located -- and payment of fees for the new episodes. The provisions include the right of the performers to have an ongoing interest in the new episode as if they had undertaken original work on it.
Section 22 of the General Provisions of the United States Screen Actors Guild's codified basic agreement contains four pages of rules governing the reuse of photography or soundtracks. The SAG Agreement, as well as those of the British Actors Equity Association (BAEA) and the Australian Media and Entertainment Arts Alliance (MEAA), require that the producer obtain the consent of the performer to such changes through the issuance of a written contract and the payment of appropriate fees for the new episode into which the performance is to be edited. Similar principles are embodied in other collective agreements between performer unions and producers worldwide.
In the rapidly changing technological environment, performers have a range of concerns and issues:
(a) There is uncertainty about how competing technologies and the uncertain legal environment will play out. Will the Internet become a primary source for delivering television programmes and films? Will it compete with wireless digital delivery? What laws will apply to the distribution systems? Canada's broadcast regulatory authority has determined that providing audiovisual material via the Internet is not broadcasting, but has licensed video-on-demand programming services. The European Commission, in its Television Without Frontiers Directive, considers that "VOD services, like all genuinely interactive services, are classed as telecommunications, in that transmission is in response to individual demand". The United States Federal Court of Appeals ruled -- in the case of ACLU v. Reno -- that the Internet is not broadcasting, since the consumer must "pull down" what they want to watch, rather than the "push" transmission of the broadcasting system.
There are also fundamentally different approaches to the liability of Internet Service Providers (ISPs), which is significant when considering how to ensure payment for the use of intellectual property and protect the integrity of the material. In Germany, the Netherlands and Sweden, ISPs are responsible for content carried on their systems. In North America, jurisprudence and political consensus are leading to significantly narrower responsibility.
(b) Performers' unions are breaking new ground because of the immaturity of the new systems and delivery methods, and have little experience of protecting members' rights when recorded material in which they appear has been exploited. Generally, in cases that have arisen, individual performers and their unions have succeeded in asserting their interests.
The CBC radically altered its initial website when it became clear that the necessary rights had not been obtained from performers. Programming material now available through that site is subject to appropriate contractual provisions. For the BAEA, a change was negotiated to sections of its agreement to enable the release of existing material in new formats on payment of a royalty fee based on sales, but few cases have arisen.
The potential for significant use of pre-existing material in new ways raises several questions:
(c) With the proliferation of services and the explosion of demand for material, it is increasingly difficult to monitor how a particular television programme or film is being exploited. With thousands of services programming material in hundreds of countries, this is already a problem, and unions devote substantial resources to this task. SAG and Canadian unions maintain separate divisions dedicated to the function. Foreign markets are becoming increasingly important sources of revenue; thus the challenge is escalating. As yet, there is little intellectual property on the Internet and this is likely to remain true until encryption technologies permit copyright owners to have adequate control over how material is utilized -- but this is only a matter of time. Those in the music industry promoting MP3 technology believe this hurdle will be overcome very soon. When material is provided via the Internet, monitoring may be an insurmountable problem for unions.
(d) When the performer or the union is aware that a work has been used in a manner which requires the payment of a residual fee, the challenge is to ensure that the payment is made properly. For performers, the residual payment is only as secure as the company which should pay it. The structure of the film and television industry may be an additional obstacle. The problem has grown with the increase in the number of programme suppliers, distributors, broadcasters, exhibitors and the potential for on-line distribution to homes or offices.
Increasingly in industrialized countries, because of escalating production costs and factors related to globalization, production is often undertaken by independent producers who have no link to broadcasters or major distributors. Typically, producers create a distinct legal entity to produce each programme or series. In television series production, for financing and tax reasons, different legal entities may produce different blocks of programmes. The growth in international co-productions and co-financing arrangements adds to the legal complexity. Performers working on the same production may be contracted by different legal entities, in various countries, under the terms of different collective bargaining agreements. After the programme is produced, the entity responsible for its production ceases to function and officially closes business and disposes of its assets. The ownership of the product is transferred. In time, similar transfers of ownership may occur often, until the product is controlled by an entity many times removed from the original producer, but the collective agreement and the performer's individual contract of engagement are entered into with those which produce the work in the first instance. As a result of this business reality, many performer agreements have developed detailed mechanisms which attempt to permit the union to "follow" the work as it is exploited to ensure that residual rights of the performers can be enforced. However, success in effecting collection has relied more on moral persuasion than legal right. Even in the United States, the assumption agreement and security guarantee approach has become less effective over time.
Recent changes to Canadian and American copyright laws attempt to deal with this problem by attaching outstanding residual fee obligations to the copyright in the finished work and permitting the aggrieved performer to take legal action against the owner of the copyright of the work. However, these provisions have yet to be tested in practice, and there are structural problems with each of them.
Several years ago, ACTRA estimated that the value of outstanding royalties to performers arising from 1992 revenues generated by the independent production industry was between $1 million and $1.68 million (Canadian), a not insignificant amount given that total performer income under the Independent Production Agreement in that same year was $35.3 million (Canadian). Furthermore, ACTRA estimated the annual amount owing to performers would grow exponentially because of continuing growth in the level of production in the independent sector and increasing sales of existing material arising from the proliferation of cable, satellite and other services available to consumers around the world.
Where material is available on the Web, there are significant issues concerning which laws may apply. Even if an individual is protected by a strong domestic copyright law provision, it may be impossible to launch a successful action if the material is posted to a website in a foreign country, or if the material is downloaded and used abroad.
These problems of monitoring and enforcement of residual rights are made worse by the growth in copyright piracy. While this has been a problem for many years, technology now enables pirates to make high-quality digital copies. Illegal copies of complete audiovisual works are available on-line, if you have the technology to download them.
(e) Technological change continues to be a significant factor in collective bargaining. Unions already report making even greater efforts to ensure that agreement language keeps pace with developments, but major challenges remain. For example, most agreements provide for significantly different fees and residuals when material is used in foreign markets. Historically, most productions have their greatest value in the domestic market, the primary market for most producers, but distribution is increasingly global and material posted to the Web is available anywhere in the world. Producers argue that their economic return from this use is minimal; performers and their unions argue that the material is available everywhere and compensation should reflect the global nature of the distribution. Cross-border agreements may help to tackle this problem.
These pressures on collective bargaining will remain at least until clear distribution channels are determined and the flow of material between the different markets is established. When that happens, it may be possible to determine a reasonable economic value for material. In the meantime, unions continue to search for solutions and appropriate comparisons.
(f) In a world of complete interactivity, ensuring the integrity of the recorded work is a significant issue. Like other content-providers on the information highway, performers have serious concerns about the treatment of their material. It is important that multimedia developers can offer products on the market-place, as well as universal and affordable access, but digitalization and compression technology bring the possibility of making perfect copies of intellectual property, manipulating it in ways not intended by its creators and transmitting it instantaneously around the world. Computer users with relatively little knowledge can download recorded performances and manipulate them. In this environment, the moral rights of performers become a key consideration. In copyright law, it is generally accepted that the personality of the artist is expressed in the work. Digitalization brings tremendous potential for misuse. While traditional film-making methods do not permit the alteration of individual frames with any degree of precision, computer technologies allow manipulation of individual pixels, many thousands of which make up one image. Anyone can create a seamless new image. Already, there are reports of significant abuse of recorded work. Without strong and clear rights in law, this is unlikely to be curtailed.
Even where performers have moral rights accorded by domestic copyright law, there remains the challenge of enforcement, which is difficult when the material can be produced in one country and posted to the Internet in another, without any relationship with the performer, producer or the location of the original performance. Furthermore, in most cases, there are significant limits to moral rights, typically only preventing the alteration or use of material that is prejudicial to, or diminishes the honour or reputation of, the artist.
Performers' concerns about the use of existing material are generally shared with the producers of the material, but the perspective may be different. In general, producers: are concerned about the integrity of the material; want to ensure that their own economic rights are respected and that users of the material compensate them properly; have similar problems in monitoring how the work is being used; and constitute the other side of the bargaining equation that must come to grips with technological developments for purposes of agreements.
The International Federation of Musicians (FIM) reported that in Asian and African countries (except Japan) and in certain Latin American countries (excluding Argentina among others), musicians who were "self-employed" had almost no social protection -- and self-employment was the most common status for musicians in all countries except China and Cuba. This problem was compounded by the fact that most such employment was not covered by a written contract, and it was thus entirely at the discretion of the employer whether such employment would continue. Salaried performers rarely had permanent jobs -- fixed-term contracts were almost universal for salaried musicians, even for permanent musical groups such as orchestras, so there was little security of tenure in Asia, Africa or Latin America. The precariousness of their employment partly explained why in most countries in these regions musicians were represented by associations rather than trade unions. Therefore, the substance of contracts, safety standards, hours of work, vocational training, leave, labour inspection measures and clandestine work were generally neglected, because of a lack of effective and collective representation of musicians in relation to employers or the public authorities -- except in Japan and certain Latin American countries. In many of these countries, musicians often had to set their sights on hoping for employee status (in the police or army, for example) which was reserved for a small minority and usually involved no freedom of association and inevitable restrictions on their artistic freedom given the musical repertoires within which such musicians work. FIM also noted a huge gulf between the almost total lack of status for folk musicians (most of whom are unpaid, or paid directly by audiences) and the commercial development and success of some of these types of music, especially when packaged as "World Music". It would therefore make a great difference to the social status of performers if there were more systematic use of model contracts drawn up with assistance from trade unions, and legal standards to clarify their status (possibly as employees). In most Latin American countries, labour law was relatively good in this regard according to FIM, and in some cases has been enhanced by the adoption of specific regulations covering performers -- but in Asia and Africa this was not the case.(2)
FIM also observed that in Latin American, Asian and African countries musicians were experiencing higher levels of unemployment (30 per cent among Mexican musicians(3)), particularly because of greater use of pre-recorded music, karaoke, and so on, and more generally because of the new technologies for using and distributing music around the world. Some had had to give up trying to seek employment in music altogether, while others needed to have other jobs to make ends meet (80 per cent in the case of Uruguayan performers, 70 per cent of Indian musicians, and 90 per cent of performers from Cameroon, Niger and the Philippines(4)); thus the profession of musical performer had been devalued in the public eye. FIM argued that remuneration of the intellectual property rights of performers could form the basis for financial compensation and a source for financing social protection. In this regard, they found it surprising that the management of performers' copyright interests appeared more or less inoperative in Latin America, while the commercial markets were huge for those using recorded music -- radio, television, music cassette and CD sales, and so on. FIM considered that in Africa, Asia and Latin America, a higher level of protection of performers' rights -- particularly on the basis of the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty (see Chapter 8) -- as well as the establishment of efficient structures to collect royalties and make payments to performers, would reduce musicians' dependence on other employment and would provide support to social protection. They stressed the necessity for a clear policy to promote live performance, throughout the three regions.(5)
Freelance journalists tend to be heavy users of new technology, and many of them see the Internet as promising good potential for future employment. Most have chosen self-employment in order to replace a job they previously held, or for lifestyle reasons, and few are in a position to employ others -- but many collaborate with others at least occasionally. Some are earning well, while others are in a very insecure financial position. "Varied, broken and changing career histories are the norm for media freelance workers, ... [and they have] histories of redundancy and considerable dependence on single client organizations including former employers."(6)
The International Federation of Journalists (IFJ) organized a worldwide survey on the social and professional conditions of freelance journalists, using a questionnaire sent to more than 130 associations and unions of journalists in 98 countries.(7) The survey identified journalists as writers, reporters, editors, photographers, layout artists, sub-editors, graphic artists and cartoonists and others involved in the creative process of gathering, production and dissemination of information. The sectors covered were the press, broadcasting, agencies, electronic publishing and multimedia sectors. Freelance journalists were self-employed, contract workers or pigistes (paid at "space" rates).
The initial findings of the survey revealed that journalism was an expanding profession with new employment opportunities, particularly in the field of new information services in Europe and North America. But many of the new positions were fixed-term contracts or work for hire arrangements being performed by freelance journalists. In all but a few countries (Bulgaria, El Salvador, Togo and most of Asia), freelance journalism was growing.
The IFJ found that the freelance sector was continuing to grow as a proportion of the total journalistic community. Of the estimated total of 225,000 journalists working in the 28 countries of Europe covering countries from which replies were received, some 70,000, almost a third of the total, were working in a freelance capacity. In Africa, Latin America, Asia and the Pacific, 20 to 40 per cent of journalists were freelance. Employment restructuring in industrialized countries was well advanced, and freelance journalists were able to join trade unions (except -- among the countries surveyed -- in Bulgaria, the Czech Republic and Georgia; Gambia, Niger and Togo; and perhaps also in Japan and the Republic of Korea). In most countries they could receive official accreditation (exceptions include Bosnia and Herzegovina, Bulgaria, Gambia, India, Japan, the Republic of Korea, Peru and Togo), although in some former communist countries and elsewhere (Bosnia and Herzegovina, Bulgaria, Gambia, Georgia, Indonesia, Nicaragua, Peru, Togo and Uganda) the legal status of freelances remained unclear.
According to the IFJ, freelances were among the most technically equipped journalists, and increasingly expected to possess technical skills and use new information technologies extensively (but the picture in Africa and India suggested a much lower level of technological capability).
The role of labour law and fiscal regulation weighed heavily upon some freelances. In many countries taxation arrangements seemed difficult and social benefits made available to fully employed staff were not available to freelance journalists.
The IFJ further observed that the growth of freelance working had provided a challenge to trade unions within the media sector both in terms of maintaining social conditions and quality of journalism. Many trade unions stated that the changing structure of employment in journalism and the consequent increase in freelance journalism was having a negative impact on media quality. There was almost unanimous agreement that this process undermined social conditions at work.
Technology and freelance journalists' legal rights
If technology has largely had a positive influence on the way reporters and editors do their jobs, legal rights may have suffered, particularly for freelancers. The issue of electronic rights has caused considerable strife between freelance writers and publishers in recent years. The debate began with the advent of electronic databases made up of content from newspapers and magazines. Publishers, in general, see these databases as a way of earning extra revenue from people who want to search for articles on specific subjects, people or organizations. Customers usually pay for each search and/or each article retrieved. Most publishers did not, however, consider that the writers of the material retrieved should share the extra revenues.
This issue has little or no impact on full-time employees. They receive salaries, and are not accustomed to earning extra money depending on how their work is used. In legal terms, staff writers are clearly creating works for hire, and the publisher's right to incorporate them in electronic databases has not been disputed. The situation is much murkier, though, for freelancers. They have traditionally sold first serial rights, meaning the work remains the writer's property; the publisher acquires only the right to be the first to publish it. After that, publishers have no more right to the material, and freelancers can do with it as they please. Some contracts vary this by specifying that the original publisher may reprint material subject to an agreed fee, but the principle that freelancers do not sell all rights is well entrenched.
When electronic databases arrived, the question arose whether taking an article that had appeared in a newspaper and including it in a database of articles published in that newspaper constituted a second publication, or simply putting the original into a different form. Publishers argued, somewhat convincingly, that on-line databases were like microfilm -- freelancers have not traditionally received extra money when their work appeared in microfilmed facsimiles of publications. Freelancers, on the other hand, argued that while a microfilm was simply a facsimile of the original, an electronic database was sufficiently different that it constituted republication, and the writer was therefore entitled to additional payment.(8)
In the United States, the defining legal case in this area is Tasini et al. v. The New York Times et al. In 1993, freelance writer Jonathan Tasini, then president of the National Writers' Union, and several other union members, brought suit against The New York Times, electronic database producers and others. The complaints revolved around the fact that articles written by the journalists for several publications had been added to electronic databases without permission from the writers or additional payments to them.(9) In 1997, the court ruled for the publishers, but rejected the publishing companies' argument that the purchase of first publication rights automatically included other media such as electronic databases. However, it interpreted the databases as a "revision" of the original print version of the publications, and thus an acceptable use of the purchased material. The plaintiffs appealed the case.(10) The judgement was based on the decision that placing the content of a periodical in an electronic database did not amount to republishing it, thus failing to say anything about compensation for material published through websites or other electronic media, whether published first in print or not.
In a similar case in Canada, freelance writer Heather Robertson launched a lawsuit in 1999 against Thomson Corp. over work that had appeared in The Globe and Mail and was subsequently reproduced in Info Globe, an electronic database. The case became a class action including all writers whose work for Canadian print media had been reproduced through computer databases since Info Globe was launched in 1979, seeking $100 million (Canadian) in damages.(11) In a Dutch case similar to Tasini, the decision favoured the writers, but has been appealed.(12)
In 1996, British and European freelances had already begun to voice their opposition to the increasing pressure from publishers for all-rights contracts. With the growing proliferation of media channels, publishers sought to ensure they would not be liable for secondary payments as articles were republished ("repurposed") again and again electronically. In the United Kingdom, the issue came to a head when, at the end of 1994, business and consumer publisher VNU sent letters to all its freelance contributors demanding all rights in their future work, for no additional money. In Europe, the situation was not quite so difficult because European law, which recognizes inalienable "authors' rights", means that writers retain more control and ownership of their work than in the United Kingdom, which recognizes "copyrights", giving ownership according to the contract. Nevertheless, European publishers also sought to gain full rights, so as to avoid having to negotiate with authors over future use. One reason given was the need to be on an equal footing with British and American publishers to compete in the global media market.
To meet this perceived threat, the National Union of Journalists (NUJ) in the United Kingdom and the European Federation of Journalists both pushed for greater legal protection for authors' rights, and for the setting up of collecting societies to manage this. The EU-funded Imprimatur project (1996-98) studied the possible workings of such a system, resulting in a pilot scheme being set up, known as ByLine -- an on-line syndication service, set up to conduct electronic copyright management and trading. It gave journalists and content-providers a platform to syndicate their work on a worldwide scale, while retaining control in intellectual property rights and consequently in fee payments. The scheme is now over and the Authors' Licensing and Collecting Society (ALCS), London, which was responsible for establishing it following its involvement in the Imprimatur project, is considering how to take it forward.
The most significant gain made over rights in the United Kingdom came in March 1999, when The Guardian agreed (after negotiations with the NUJ) to allow freelances to retain copyright and established suitable remuneration for original and syndication uses of their work. However, most publishers continue to seek full rights for their contributors' work, at least where they can. When dealing with well-known writers, it is more difficult for publishers to demand full rights, but lesser-known ones often lose out.
The problems for freelances are twofold: control and income. Freelances are concerned about losing what little control they have over how their work is used and in which contexts. Once articles are published on the Web they are virtually available to all; this makes it harder to syndicate them further because traditional geographic and market boundaries do not operate on-line. Freelances could perhaps sell their work to on-line publishers who could find new ways of using it, on a transactional basis for rights management. Syndication payments on the basis of "click-through" rates could be possible.
Exactly how much are electronic rights worth? The operators of some electronic databases charge quite substantial fees for their use. Compare these to the low cover prices of newspapers, and the higher but still relatively low prices of magazines, and it appears that electronic rights might be quite valuable. On the other hand, newspapers and magazines derive most of their revenue from advertising, so cover prices are misleading. Some database operators are quite successful, but electronic publishing in general has not yet proved highly profitable. However, the electronic medium has possibilities not found in traditional media. On-line, it is possible to know exactly how many people consult each individual item. Thus a writer could be compensated based on the number of readers of the work, allowing writers for the first time to be rewarded for delivering what their audiences want and need.
On-line publishing is a very new field. Many on-line publishers are also new, operating on shoestring budgets. Some -- though by no means all -- pay freelancers poorly. Larger media organizations involved in on-line publishing, meanwhile, rely heavily on material already prepared for print publication, often not paying extra to use the material on-line. The danger is that a precedent is being set -- that on-line journalism is not worth as much as the traditional print and broadcast varieties.
An interesting attempt to get around the lack of cash afflicting some fledgling on-line publishers is to offer writers the same incentive that lures entrepreneurs themselves: the promise of future wealth when the project becomes a success and reaps huge rewards on the stock market. For instance, the on-line magazine Salon offered stock options to some of its highest profile contributors -- the editors will not disclose their names -- as a form of payment for their work.(13)
Perhaps the most disturbing aspect of this debate, though, is not the question of electronic rights themselves but the fact that some publishers have sought to defuse the problem by announcing that they are buying all rights. If this becomes more common, the freelancer -- who might at best expect a small additional payment for having an article included in a database -- may end up losing rights to subsequent reprints that could be more lucrative and were not previously at issue. Not surprisingly, many freelancers are resisting demands that they relinquish all rights.(14)
Freelancers who believe new electronic media have a future may well think it wise to work for them in order to get in on the ground floor, even if the pay is not as good as in some of the more established media. A major concern for journalists is to ensure that the perceived value of their work is not eroded, without shutting themselves off from an emerging market.
In the same way as anyone else, journalists (whether staff or freelance) are concerned about job security, income and working conditions. At the same time, though, like all professionals and quasi-professionals, they should be concerned with their ability to do their jobs well and serve the function they are expected to in society. Does new technology threaten or reinforce this, and does "disintermediation" (see Chapter 2) threaten or strengthen them?
More than one commentator has observed that traditional institutions will not, in the future, be able to control the "new media" as they have the existing media. Large publishing and broadcasting companies will have no monopoly on distributing news. People will decide what they want to know and seek it out on-line. Freedom of the press will no longer be limited to those who own one, because everyone, potentially, will be a publisher and a journalist.(15)
The traditional media have for many years maintained a well-defined line between editorial content and advertising. There have been allegations that advertising has influenced news -- and this happens in some media outlets -- but the principles of separation are widely accepted and there is an identifiable line between advertising and supposedly objective editorial content. On-line media, often under the direction of people whose background is not in journalism, sometimes blur that line in ways that should concern journalists.(16)
For instance, the ease of creating links among Web pages raises possibilities that are both intriguing from a business perspective and worrying from a conflict of interest standpoint. Consider a newspaper's book reviews page adapted to the Web, at the end of which is a link to an on-line booksellers' website. If readers were impressed by the review, they could immediately buy the book -- but if the referring site received a commission from the bookseller, a conflict of interests could arise.
On-line media are also indirectly affecting news coverage in the more established media. Many journalists are concerned that the ability of individuals to post material on the Internet, often with little or no fact-checking, will increase the pressure on newspapers and broadcasters to rush stories out, increasing the likelihood of errors and perhaps the proportion of "news" that is more titillating than useful.(17)
Why should journalists be concerned about developments like this? They do not mean fewer jobs or lower pay; however, they may foreshadow a loss of independence and objectivity, further erosion of public trust, and ultimately a loss of self-respect. It will be up to journalists, over the next few years, not to resist change but to try to ensure that the possibilities new technologies present for better journalism are realized, while the dangers are avoided.
Graphical and publishing workers
Technological and organizational changes, together with a changed business environment, have also created the conditions for reassessing employment conditions. Some categories of workers in publishing and the graphical industry have been particularly affected by this process. An interesting study of the British book publishing industry(18) examined the process of restructuring, which had resulted in concentration, internationalization, development of new products and cost saving. Associated with the concentration of ownership, there had been a shift away from literary or cultural goals towards business goals, and these in turn had led to new labour-use strategies. The authors showed that publishing houses had increasingly externalized jobs that had low task interdependency, used relatively inexpensive equipment and were cerebral rather than manual in nature. Proofreaders and editors had been externalized and were now likely to be self-employed -- they worked as home-based teleworkers. These self-employed teleworkers were to be regarded as casualized workers, rather than as the ideal-typical self-employed who owned their business and had a high degree of self-direction and autonomy in the process of work. There were several indicators of their casualized status: heavy dependence on one client for over half their work, making them vulnerable to changes in demand; low hourly pay (£10 per hour), below the minimum freelance rate the National Union of Journalists had set (£11.50), which did not include paid holidays, sick leave or retirement; and the isolation of working at home, with little or no face-to-face interaction with publishers or colleagues.(19) Only a small minority (estimated at 10 per cent of some 800 or so members of the British Society of Freelance Editors and Proofreaders) had voluntarily chosen self-employment; most had entered self-employment as a result of industry mergers, relocations and redundancies.(20) These indicators illustrate that such workers may belong to job categories that are expected to grow, but that their employment position is severely affected by the restructuring of the industry.
To balance this overview, it should be added that employment conditions in the graphical industry are still mostly regulated through collective agreements. On the European continent these are usually sectoral agreements, while in the United Kingdom major sectors such as national and regional newspaper publishing have refused to negotiate national agreements since the 1970s or 1980s.(21)
Flexibility in its various forms has influenced working conditions in many ways. Functional flexibility through job rotation and teamwork has tended to enhance the quality of work. Core workers in secure employment have generally benefited from functional flexibility while peripheral workers have suffered because of numerical flexibility through agency work and various forms of flexiwork. Flexibility and just-in-time production, in combination with computer work, are a source of specific problems in occupational health and safety, particularly in the form of stress at work.
5. Impact of information technologies
on safety and health
Many improvements have been made to working conditions in these industries, but there are also some negative aspects. For instance, the ability of workers, employers and governments to adapt health and safety measures to technical progress is difficult because of the speed of change; and working time considerations are difficult to respect in time-sensitive fields like journalism and publishing, especially during rapid growth with tight labour markets in some areas.
With rapid global economic integration and the mobility of multinationals, old and new occupational hazards frequently exist side by side in industrialized and developing countries. The need for continual updating of safety and health information applies to workers, managers and occupational health professionals. The single largest technological innovation affecting media and entertainment workers has been the advent of computers. Ergonomic evaluation and intervention to prevent musculoskeletal and vision problems among visual display unit (VDU) users were unheard of in the 1970s; 30 years later, VDU hazards have become a major occupational safety and health concern. Similarly, indoor air quality problems ("sick building syndrome" for example) and psychosocial factors have become important issues. All parties investigating such health problems need training to understand the complex interactions among environment, individuals and organizations in these settings, bearing in mind that women constitute an increasing proportion of the media and entertainment workforce in both industrialized and developing countries.(1)
Improvements brought about by
information technologies
In this sector the information technologies (especially digitalization, electronic imaging and computers) have -- in conjunction with substitutions with potentially less hazardous materials and new industrial hygiene control strategies -- helped to bring about much cleaner, quieter processes that are less hazard-prone than the older technologies which involved exposure to toxic substances, noise, heat, poorly guarded machinery, and so on (see table 5.1 for an indication of those problems). There are health and safety issues associated with the new technologies, such as repetitive strain injury, stress and impairment of vision, but the evidence is less tangible than for earlier risks. The communication technologies have often helped to spread better practices rapidly around the world, publicizing safer ways of working or how to prevent accidents. Many previously important issues (e.g. solvents in the printing industry) are history now, due to material substitution or other risk management strategies. Nevertheless, new hazards will arise, necessitating continued safety, health and environmental monitoring as part of an overall effective risk management strategy.(2)
Table 5.1. Cohort studies of printing trade mortality risks (Italy, Sweden, United Kingdom and United States, circa 1950-85)
|
| ||||||||||||
|
Population |
Number of workers |
Mortality risks* (95 per cent C.I.) | ||||||||||
|
Follow-up period |
Country |
All causes |
All cancers |
Lung cancer | ||||||||
|
| ||||||||||||
|
Newspaper pressmen |
1 361 |
(1949-65) -- 1978 |
United States |
1.0 (0.8-1.0) |
1.0 (0.8-1.2) |
1.5 (0.9-2.3) | ||||||
|
Newspaper pressmen |
700 |
(1940-55) -- 1975 |
Italy |
1.1 (0.9-1.2) |
1.2 (0.9-1.6) |
1.5 (0.8-2.5) | ||||||
|
Typographers |
1 309 |
1961-84 |
United States |
0.7 (0.7-0.8) |
0.8 (0.7-1.0) |
0.9 (0.6-1.2) | ||||||
|
Printers (NGA) |
4 702 |
(1943-63) -- 1983 |
United Kingdom |
0.8 (0.7-0.8) |
0.7 (0.6-0.8) |
0.6 (0.5-0.7) | ||||||
|
Printers (NATSOPA) |
4 530 |
(1943-63) -- 1983 |
United Kingdom |
0.9 (0.9-1.9) |
1.0 (0.9-1.1) |
0.9 (0.8-1.1) | ||||||
|
Rotogravure |
1 020 |
(1925-85) -- 1986 |
Sweden |
1.0 (0.9-1.2) |
1.4 (1.0-1.9) |
1.4 (0.7-2.5) | ||||||
|
Paperbound printers |
2 050 |
(1957-88) -- 1988 |
United States |
1.0 (0.9-1.2) |
0.6 (0.3-0.9) |
0.5 (0.2-1.2) | ||||||
|
* Standardized Mortality Ratio (SMR) = number of observed deaths divided by number of expected deaths, adjusted for age effects over the time periods in question. An SMR of 1 indicates no difference between observed and expected. Note: 95 per cent confidence intervals are provided for the SMRs. NGA = National Graphical Association, United Kingdom; NATSOPA = National Society of Operative Printers, Graphical and Media Personnel, United Kingdom.
| ||||||||||||
|
| ||||||||||||
Information work is generally safe and healthy, but publishing and printing show a mixed score. The handling of heavy materials (webs, plates, and so on) has been reduced and healthier environments can be created through eliminating preliminary stages of the printing process (e.g. the elimination of photographic chemicals by computer-to-plate and computer-to-press systems). Where improvements have been achieved, these may be attributed partly to ICTs, and partly to health and safety regulations by the State and collective agreements.(3)
This professional category in media and entertainment works on magazines, books, posters, packaging, film, video, exhibition design and, most recently, digital forms such as computer screen design, multimedia presentations, video games and web pages. The hazards of graphic design are very different now compared to a few years ago, when some designers were still producing traditional mechanicals for offset printing. Now, virtually all page layout and graphic design is produced in digital format before being printed on paper: some is created exclusively for a final digital form -- a disk, CD-ROM or web page. Digitally created artwork is stored on computer memory or disks, and then transmitted to the client for production or final presentation. Computers are also used in art for a variety of other purposes, including painting, displaying scanned photographic images and a variety of animated and other special effects for films, games and television. Ergonomic computer workstations, elimination of glare and frequent work breaks enable graphic designers and computer artists to work more safely than most other artistic professions. Generally the digital revolution has greatly reduced the health hazards associated with the profession.(4)
Graphic designers, computer artists and musicians, journalists and those involved in typesetting and layout should be aware of the potential hazards of prolonged work at a computer. Unfortunately, the technology is still too new to know them all. The hazards identified from working for extended periods at a VDU include eyestrain, headaches, backaches, stiff necks, sore hands and wrists, dizziness, nausea, irritability and stress, typically due to repetitive tasks and uncomfortably arranged components (and reports of skin rashes and dermatitis). Most complaints are minor, but disabling injuries such as chronic tendinitis or carpal tunnel syndrome are possible. While the health effects of VDU use have been studied for 20 years or more, there are no proven links between long-term use of VDUs and health problems. VDUs emit comparatively low-level radiation but there are no hard data to support any permanent adverse health effects.(5) Work with computers often involves long periods manipulating the keyboard or mouse, designing or fine-tuning the product. Computer users must take breaks away from the screen. Short, frequent breaks are more effective than long and infrequent ones.
Workstation design solutions that are worker-centred and ensure correct posture and visual comfort are essential. Computer workstation components should be easy to adjust for the tasks and people involved. Eyestrain may be prevented by taking periodic visual breaks, preventing glare and reflection and by placing the top of the monitor at eye level. Vision problems may also be avoided if the monitor has a refresh rate of 70 Hz, to reduce image flicker.
Workers in media and entertainment face hazards similar to those found in more conventional industries. The same types of precautions can be used, although costs may be prohibitive for some engineering controls. In these instances, emphasis should be on substitution of safer materials and processes. Table 5.2 lists standard types of precautions associated with the various hazards found in the arts and entertainment industries.
Table 5.2. Precautions associated with hazards in the arts and entertainment industries
|
| ||
|
Hazards |
Precautions | |
|
| ||
|
Chemical hazards |
||
|
General |
Training in hazards and precautions
| |
|
Airborne contaminants (vapours, gases, spray mists, fogs, dusts, fumes, smoke) |
Enclosure
| |
|
Liquids |
Cover containers
| |
|
Powders |
Purchasing in liquid or paste form
| |
|
Solids |
Gloves | |
|
Physical hazards |
||
|
Noise |
Quieter machinery
| |
|
Ultraviolet radiation |
Enclosure
| |
|
Infrared radiation |
Skin protection and infrared goggles | |
|
Lasers |
Using lowest power laser possible
| |
|
Heat |
Acclimatization
| |
|
Cold |
Warm clothing
| |
|
Electrical hazards |
Adequate wiring
| |
|
Ergonomic hazards |
Ergonomic tools, instruments, etc. of proper size
| |
|
Safety hazards |
||
|
Machinery |
Machine guards
| |
|
Flying particles (e.g. grinders) |
Enclosure
| |
|
Slips and falls |
Clean and dry walking and working surfaces
| |
|
Falling objects |
Safety hats
| |
|
Fire hazards |
Proper exit routes
| |
|
Biological hazards |
||
|
Moulds |
Humidity control
| |
|
Bacteria, viruses |
Vaccination where appropriate
| |
|
Source: ILO: Encyclopaedia of Occupational Health and Safety (1998, Geneva), Vol. 3, p. 96.3 -- table 96.1. | ||
|
| ||
Performers and other entertainment industry workers
Actors, musicians, dancers, singers and other performers, as well as costume, make-up, scene-shifting and other workers, are subject to occupational injuries and illnesses,(6) some relating to the ICTs. They can include accidents, fire hazards, repetitive strain injuries (RSI), skin irritation, allergies, respiratory irritation, stage fright and stress. Many types of injuries are specific to particular groups of performers, and even minor physical problems can often affect a performer's peak performance capabilities, sometimes ending in time and jobs lost. In recent years, the prevention, diagnosis and treatment of injuries to performers have led to the new field of performing arts medicine,(7) which has grown from case reports and prevalence studies in the late 1980s to sophisticated projects using advanced technology in the late 1990s. New treatments, more responsive to the artists' specific needs, have developed and the emphasis has shifted to prevention and education,(8) with greater opportunities for sharing and disseminating ideas through the Internet.
Musicians
Professional musicians rely on the skilled use of their muscles, nerves and bones. Playing an instrument requires finely controlled repetitive motions and often involves working in unnatural postures for extended periods of practice and performance. These demands on the body can result in health problems, while adverse working conditions, such as excessive sound exposure levels, prolonged periods of performance without rest, and inadequate preparation for new and difficult repertoire or instruments may affect the health of musicians of all ages and levels of ability. Accurate diagnosis and early treatment can prevent problems that may interfere with, interrupt or end careers.
Studies suggest that around 60 per cent of musicians will face career-threatening injuries during their working life. Clinical studies have examined the prevalence of muscle-tendon disorders, peripheral nerve entrapment syndromes and motor control problems, revealing several common diagnoses of overuse syndromes, including strain of the muscles and connective tissue controlling the bending and extending motions in the wrist and fingers. These syndromes result from the repetitive forceful movement of the muscle-tendon units. Other common diagnoses relate to pain in body parts involved in prolonged strain from awkward and imbalanced postures while playing musical instruments. Playing keyboard and computer instruments requires assuming a similar posture to that of typing, putting pressure on the branches of the nerves in the wrist and forearm, the shoulders, arm and neck. Occupational cramp or muscle spasms are common among such musicians, sometimes requiring long periods of neuromuscular retraining to correct movement patterns. The forward and downward orientation of the head to look at the keys and hands, and repetitive upward movement to read the music, may cause pain in the nerves and muscles of the neck and back. The shoulders are often rounded, combined with a forward head posture and shallow breathing pattern. Thoracic outlet syndrome can develop from chronic compression of the nerves and blood vessels that pass between the muscles in the neck, shoulder and ribcage. In addition, the tendency to bend the wrists and curl the fingers while keeping the hand/finger joints flat places excessive strain on the wrist and finger muscles in the forearm. Repeated use of the thumb in a position under the hand strains the thumb muscles. Prolonged co-contraction of the muscles that turn and move the arms can lead to nerve entrapment syndromes.(9)
Actors
For actors, causes of stress include fierce competition for scarce jobs, pressure of performing shows frequently, working at night, touring shows, filming deadlines, frequent retakes, and so on. They are subjected to psychological pressures caused by having to adopt and maintain character roles, including having to express certain emotions upon demand, and have to put up with tactics sometimes used by directors to obtain a given reaction from an actor. As a result, there are high rates of alcoholism and suicide among actors. The solution to many causes of stress involves improved working and living conditions, especially when touring and on location. Personal measures such as therapy and relaxation techniques can also help. Other hazards to actors, especially on location, include environmental conditions and special effects. In theatres, scenes with dirt, gravel, artificial snow, and so on can create eye and respiratory irritation problems when hazardous materials are used, or when materials are swept up and reused, resulting in possible biological contamination. Another hazard is the growing phenomenon of stalking of well-known actors, actresses and celebrities, with threats or violence. The use of child actors in theatre, broadcasting and film production can lead to exploitation unless procedures are enforced to ensure that they do not work long hours or in hazardous situations, and that they receive adequate education. There is concern about the psychological effects on children participating in scenes involving simulated violence. Child labour laws in many countries do not adequately protect child actors.(10)
When used in television and film production these simulate real events that would otherwise be too dangerous, impractical or expensive, including fogs, smoke, fire, pyrotechnics, firearms, snow, rain, wind, computer-generated effects and miniature or scaled-down sets. Many of these have significant hazards -- and can involve the use of lasers, toxic chemicals such as mercury, flying objects or people with rigging and electric hazards associated with water effects. Appropriate precautions need to be taken.
Action sequences (stunts) involving a greater than normal risk to performers or others on the set have, with increasing demands for realism, become very common, including high falls, fights, helicopter scenes, car chases, fires and explosions. About half the fatalities occurring during filming are stunt-related, often also involving special effects. It is debatable whether the risks associated with the work of stunt performers are more or less dangerous than before; stunts may now have to be cheaper and more spectacular, in order to discourage directors from using technological special effects to do the same job. Stunts can endanger not only the stunt performer but often the camera crew and other performers.(11)
Journalists
Journalism is a dangerous profession -- between 1990 and 1997 more than 500 journalists and media workers were killed, many the victims of gangsters, paramilitary groups and terrorists. Each year, hundreds of reporters and writers are injured, both physically and psychologically, by war and social conflict.(12) In remote locations, roving camera and audio crews cover news and special events for networks and local stations. Crews carry to the site everything needed for the broadcast, including camera, sound recorder, lights, tripod and electrical cords. Since the advent of lightweight cameras equipped with sound recorders, a single person may be assigned to operate the equipment. The hazards can include trips, slips and falls and musculoskeletal stress. Violence in riots and wars can lead to injuries and fatalities. Bad weather, crowds, environmental disasters and rough terrain increase the potential for serious injuries and illnesses among the crew. The danger can be reduced through assessing the location for potential for violence and securing safe operating locations. Personal protective equipment, for example bulletproof vests and helmets, may be needed. Adequate staffing, material-handling equipment and safe lifting practices can reduce musculoskeletal problems.(13)
The tendency to try to manipulate or control information is becoming more evident as the speed and range of communication increases. Consequently, journalists and their visible helpers -- camera and technical staff, for instance -- pose a threat to any group that wants to avoid public scrutiny. This can lead to specific and targeted attacks on journalists and media organizations. "Censorship by violence" is exacerbated by vigorous commercial competition in the media industry and by unregulated patterns of employment, leading to greater pressure on journalists to provide ever more dramatic and sensationalist images and reporting. Many media people are taking greater risks than before, but few media organizations provide training in how to deal with situations of violence and conflict, so that staff might make coherent and sensible "risk assessment" judgements; freelancers and casual staff are very unlikely to receive any training at all. More freelance staff are employed than ever before, and many are hired from the region where the reported action is taking place -- sometimes without any life or health insurance. If they get hurt, they are not entitled to compensation.
Because they often work in very unpredictable circumstances, some journalists will always be at risk, but much more can be done by media organizations and representatives of media workers and journalists to provide protection for media personnel and to minimize risk. In particular there is a need for:
Journalists must take responsibility to exercise the highest standards of personal safety and minimize risks to themselves and their colleagues, maintaining the highest professional standards and conduct, and should not compromise the ethics of journalism in any aspect of gathering, producing or disseminating news and information.
Governments must ensure that journalists and media organizations are provided with the maximum security and protection from violence. The key is to reduce the risk. There are no absolute guarantees of safety, but governments, journalists and media organizations need to avoid creating the conditions which make it easier to commit violence against the media. No single story, no matter how dramatic, is worth a life.(14)
Journalists also face hazards relating directly to new technologies. In addition to problems associated with VDUs (see above), mention should also be made of increased pressure and stress, and risks associated with the use of mobile phones, which are now clearly an essential tool of the journalistic profession, especially those who are on the move. They can obviously be very useful for calling help and preventing violence to workers, but there are also worries about possible adverse health effects, mainly relating to the low-level microwave radiation that mobile phones emit and receive. While there is no conclusive evidence of cancer risk, there are concerns in this regard, and possible links to asthma, memory loss, headaches, fatigue and high blood pressure, among others. There is an obvious connection between the mobile phone and the stress journalists feel at being "on call" all the time, even when away from fixed phones. For all these reasons, many trade unions now provide advice to workers using mobile phones -- minimizing their use, avoiding using them while driving or in confined spaces, establishing procedures and arrangements for being "on call" that help reduce stress, and so on.(15)
New hazards and health risks related to technology
An important issue in relation to the new technologies, which can be considered a new health and safety hazard or risk, is stress -- or more specifically "technostress". The above comments in relation to journalists apply to many other workers in these industries, but rarely to the same degree. The British Health and Safety Executive advises employers:
Ill health resulting from stress caused at work has to be treated the same as ill health due to other, physical causes present in the workplace. This means that employers do have a legal duty to take reasonable care to ensure that health is not placed at risk through excessive and sustained levels of stress arising from the way work is organized, the way people deal with each other at their work or from the day-to-day demands placed on their workforce. Employers should bear stress in mind when assessing possible health hazards in their workplaces, keeping an eye out for developing problems and being prepared to act if harm to health seems likely.(16)
The massive introduction of computers in office, pre-press and editorial work has created a relatively new cause of sickness and disability, repetitive strain injuries (RSI). Of all VDU workers in the Netherlands, a quarter are estimated to suffer from RSI problems.(17) Pickshaus has argued that digital technology accelerates the shift in stress and strain patterns to psychomental and psychosocial factors.(18) This is a well-known phenomenon in publishing and broadcasting, where VDU work was introduced at an early stage. Stress is also an increasing problem in the graphical industry. In cross-sectoral research on work pressure in the Netherlands, workers in the graphical industry scored highest, with almost two-thirds of them saying that they had to cope with high pressure of work due to deadlines and tight schedules.(19) Although pressure of work cannot be equated with stress, the unions in the graphical industry found these research findings sufficiently alarming to put the issue of stress on the bargaining agenda.
This group of workers face all the hazards found in conventional office environments, with several specific concerns.
Air quality. If natural ventilation in the home work environment is inadequate to remove pollutants (e.g. natural gas or carbon monoxide from inefficient heating systems; vapours and gases from office machines; passive exposure to chemicals, gases or dusts; exposure to pollution from other activities if housed in a multi-use building; and so on), additional ventilation may be necessary.
Fire hazards. Home electrical wiring is rarely designed for the needs of the electrical equipment typically used in telework -- printers, copiers and other office machines. And installing equipment without assessing the wiring limits could create a fire hazard. Local building codes may prohibit adjustments to accommodate increased equipment needs. Teleworkers may live in multi-unit buildings with inadequate evacuation plans, blocked ways to fire exits or locked exit doors.
Ergonomics hazards. Home environments often rely on the employee's personal furnishings to perform required tasks. Workstations at home may not allow for adjustments necessary for computer-intensive work. A shortage of space may result in excessive bending, awkward postures, excessive reaching and other risk factors for cumulative trauma disorders. Working in cold or unevenly heated environments can also pose problems.
Lighting. Inadequate lighting may result in awkward postures, eye strain and visual disturbances. Task lighting may be necessary. Wall and furniture surfaces should be neutral with a non-glare finish.
Occupational stress. Full-time employment in the home deprives teleworkers of the interpersonal and professional benefits of continuous interaction with colleagues. Isolation can prevent the worker from engaging in professional development activities, taking advantage of opportunities and contributing ideas to the organization. Some may depend on human contact and suffer personally and professionally without it. The lack of administrative support services for employees who require clerical assistance is an additional burden. Employers should try to incorporate teleworkers into staff meetings and other group activities, either in person or electronically (teleconferencing) according to physical and geographical possibilities.
Family responsibilities. Employees with children, disabled family members or ageing parents may see many advantages of working at home, but attending to the needs of dependants can affect the concentration required for work. This can negatively affect workers unable to fulfil domestic and employer expectations. Telework is not a substitute for child or elder care. People vary greatly in their capacity to balance work and other responsibilities at home; some require support services to prevent excessive occupational stress and loss in productivity. No one should have to accept a telework arrangement against his or her will.
Injury and illness compensation. Occupational illnesses often occur over long periods from cumulative exposure, and prevention depends on rapid identification of risk factors, fixing the problem using a variety of methods and medical management of the worker when the first signs of illness appear. So far, employer responsibility for teleworker accidents and injuries has been debated on a case-by-case basis. Most national occupational health and safety standards do not include formal policies on telework. The impact of the trend towards telework should be carefully evaluated and addressed through international standard setting. When telework arrangements shift the employee's status to that of an independent contractor, many responsibilities also move to the employee, and the employer may no longer feel obliged to provide a healthy and safe workplace, access to preventive and curative medical care for the worker and family members, social security, disability insurance and compensation for injuries. This trend eliminates worker benefits and protections won over decades of negotiation.
Protection for the teleworker. Contracts between teleworkers and employers must cover the overall work environment, safety and health standards, training and equipment. Employers should inspect the home workspace (at agreed times) to ensure worker safety and identify and correct any risk factors. The inspection should evaluate indoor air, ergonomics, hazards, lighting, chemical exposure and other concerns. A clear policy must be established about providing office supplies for the work. Liability issues must be clearly defined regarding employer (and worker) assets lost or damaged due to fire, natural disaster or theft. Employees must be exempt from financial liability unless found negligent. Telework arrangements should be evaluated on a regular basis in order to identify workers who discover that working at home is not a good arrangement for them. The advantages of telework are extensive, and beneficial telework arrangements should be encouraged for specific tasks and for mature workers who gain by working at home. Telework has enabled disabled workers to achieve greater independence and seek professional opportunities not previously offered or available. In return, employers are able to retain valuable workers. However, telework arrangements must ensure employee benefits and occupational health and safety protection.(20)
Technology to address safety and health issues
Among many organizations around the world, in the United Kingdom the BBC has developed Internet pages specifically on the subject of health and safety at work, covering general statements of policy with regard to responsibilities, organization and arrangements, and specific information on equipment, areas of work and hazards affecting broadcasting staff;(21) the Health and Safety Executive has a useful website and has published many books, codes and other materials; and BECTU, the United Kingdom's union for broadcasting, has a health and safety home page giving information about health and safety courses, links to other websites concerning health and safety, risk assessments, working hours and working time regulations.
6. Information technologies and training
Workers in the knowledge-based and entertainment industries will prepare the ground for the economy of the next millennium, but who among them will have access to training to equip them for the new challenges? What will be the most suitable skills and how can firms find them in the workforce? How can training programmes meet the future requirements of employers and potential employees? Will they adapt rapidly enough to the changing technologies and needs?
Tripartite cooperation in this area is of prime importance to prevent serious skill shortages. Enterprise-based training may be limited by two factors. First, the employment structures of firms in these industries rely on a shrinking core workforce and a growing number of atypical or contingent workers employed temporarily or part time; employers tend not to provide training to freelance, short-term or part-time staff. Second, small firms are often at the forefront of dynamic employment growth, and few are able to offer training or to release staff from ongoing work. These employers (and many larger firms experiencing rapid growth) depend greatly on the skills that their employees already have, whether through formal education, previous experience or training at their own initiative. Thus it is likely that much of the future burden and expense of training may ultimately fall on individual workers, whether for initial preparation, ongoing training, or adapting to new opportunities or professional orientations.(1) It is very important that the social partners work together to design training programmes to fit the needs of workers in these rapidly evolving industries.
Training programmes to meet the future requirements of employers and potential employees in the information communication technologies must (where appropriate and relevant) be open to all staff in the media and entertainment industries, irrespective of age, gender, contractual status or other considerations. Women, part-time and temporary staff, teleworkers and workers older than 45 have tended to be offered fewer training opportunities. However, all of these groups have to be adaptable to change, and may in fact have greater commitment and motivation when they are able to share involvement in the training and change process. The aim should be to promote a multiskilled and versatile workforce, willing to undertake "lifelong training", which is in the interests of workers and employers, and can improve the world of work in general in the longer term.
New skills requirements for media
and entertainment workers
Specific new skills required include Internet research, new applications for page layout and design, multimedia and new media skills, coordination between different media projects, operation of remotely controlled equipment, e-commerce applications, and so on. Innovative courses are being developed in many countries all the time, attempting to match the rapidly evolving requirements of the industry.(2)
As seen in Chapter 5, many media organizations provide little or no training for journalists, camera operators, photographers and others in how to deal with working in countries at war or in contexts of violence. Such training is essential, because media workers need to be able to assess the dangers clearly and make judgements about fast-moving reporting situations, to acquire a basic knowledge of first aid, and to obtain advice from media veterans on how to report from dangerous scenes. The most vulnerable groups of media workers -- freelance journalists and casual staff -- are the ones least likely to receive training, even when it is available. However, their numbers are growing, especially in areas of conflict. In addition, media organizations must reverse recent trends that undermine the social and professional conditions in which journalists work. There should be increased investment in professional training and journalistic ethics to emphasize the importance of investigative journalism to the good health of democratic society.(3)
The International Federation of Musicians (FIM) noted that at the ILO's 1997 Symposium on Multimedia Convergence attention had been drawn to the gulf separating the information-rich from the information-poor. It had been proposed, among other things, to endorse national policies to reduce disparities between rich and poor countries in terms of information technology resources by helping developing countries enhance the potential of their human resources to respond to the needs of the new media. FIM felt that this proposal was particularly relevant to musicians, whether in recording studios, in multimedia production or in Internet or other digital dissemination of music, as these new modes of distribution of music were relatively cheap to develop, and could perhaps give developing countries the opportunity to develop an export industry that they could control. FIM therefore recommended that a training programme for musicians be developed, focusing on digital technologies for recording and distribution of music via the Internet.(4)
Training initiatives by governments,
industry and trade unions
When the printing industry shifted from letterpress to lithography, the move was eased by a good level of training from the training boards, colleges and others, some of which was provided, supported or sponsored by printing machine manufacturers that had a vested interest in keeping a potential customer base. For this new transition in technology, equipment manufacturers are teaming up with groups such as the British Printing Industries Federation. However, industry training colleges are working with much reduced resources, and an attitude is commonplace which suggests that "training is not essential".(5)
Employment and training programmes in the United States are in the process of being reformed as a result of the passage of the Workforce Investment Act, 1998, and may eventually be more effective in providing American media and entertainment workers, among others, with the information technology skills needed to meet the continued demand. These reforms include the "street-level" integration of separate programmes through One-Stop Career, the shifting of resources from low-income workers to dislocated workers, and increased consumer choice through Individual Training Accounts. However, these reforms do not increase the level of resources devoted to these programmes, which is generally far less than the demand for such resources and is constantly under attack in the budget process.(6)
One instance of training assistance to developing countries in this field is INGRIN (International Graphic Specialists in the Netherlands), which has been in operation for ten years, carrying out activities ranging from "train the trainer" programmes to setting up vocational training institutes and implementing business-linking and technical assistance programmes in the graphical industries in 16 countries in Asia, Africa and the Americas, in cooperation with organizations including the European Graphical Federation and INTERGRAF (International Confederation for Printing and Allied Industries).(7) Similar initiatives have been organized by training boards in various countries.
Another example is the European Union's MEDIA II Programme (1996-2000) which, as a part of its general effort to strengthen the competitiveness of the European audiovisual industry, offers support measures in training. European Council Decision 95/564/CE, dated 22 December 1995, implemented a training programme for professionals in the audiovisual sector, with a budget of 45 million euros over five years, designed to encourage pan-European training initiatives to permit workers to increase their competence and competitiveness on the international market. It is based on close cooperation and exchange of know-how between various training partners: cinema and television schools, universities, specialized training centres, production and distribution companies and others. The Commission selected 36 training activities in June 1998, as against 32 in 1997. Sixteen projects focused on economic, financial and commercial management, 11 on new technologies and nine on script-writing techniques. Most of these initiatives were already supported by the MEDIA Programme in 1997, but five were new. In December 1998, a new call for proposals was launched to select training initiatives for 1999-2000, which will receive a subsidy covering up to 50 per cent of the cost, with a maximum of 200,000 euros per year for initial training, and 300,000 euros for continuous vocational training.
There are also hundreds of examples of interactive training packages, distance learning by Internet and television, and so on for the media and entertainment industries. For example, IG Medien in Germany has developed training courses in conjunction with printing industry employers in areas such as a three-year course in advertising and media artwork production. The Media Union Information Society and Education Network (MUSENET) has prepared an "Information society training module for workers in the media sector".(8) Training packages downloadable from the Internet include an on-line introduction to electronic publishing from Women in Publishing Training in the United Kingdom, while the website of the Graphical, Paper Media Union (GPMU) is offering its members training in desktop publishing software.
7. Information technologies and
copyright piracy
The term piracy is generally used to describe the deliberate infringement of copyright of performers, writers, composers, record producers, broadcasters and other rights-holders on a commercial scale. It is a phenomenon which adversely affects both employers and employees. Piracy takes advantage of the creativity and success of artists and the investments of the recording companies and film-makers, among others.
Extent and nature of piracy, loss of income
to industry and workers
Copyright piracy is a growing, international, criminal business which continues to escalate as a threat to the future of the US$40 billion global music recording industry, and to the film and publishing industries. Pirate sales of recorded music are estimated in billions of United States dollars, with one in every three units produced globally being a pirate copy.(1) The music, film and broadcasting industries invest billions of dollars every year in developing new artists. Only effective copyright protection and strong enforcement against pirates can sustain that investment. Piracy costs governments around the world millions of dollars every year in terms of lost tax revenues, and has a negative impact on employment and income in the media and entertainment industries in general.
A recent example for the film industry was that two-and-a-half months before coming to cinemas in Germany in 1999, the new Star Wars film The Phantom Menace was being offered for sale over the Internet. Investigations by the police revealed that someone in the United States -- where the movie was already running -- had filmed the movie in a cinema with a video camera, made a computer file out of it and was selling it via the Internet.(2) Three days after the film's release in the United States, pirate video compact discs were available in Hong Kong (China), Malaysia, Singapore and Thailand. These copies were of poor quality, shot using a video camera that recorded not only the on-screen actions of Anakin Skywalker and others but also the movements of filmgoers' heads and the sounds of the audience eating and drinking. However, given that video compact discs take only three seconds to be copied, as against the full running time needed to record a film onto a video cassette, it is clear that the video pirates are also reaping the benefits of ICTs in their business. Efforts on behalf of the seven major Hollywood studios to track down video pirates responsible for an estimated $550 million in loss of earnings have been stepped up, and had some success in terms of seizing pirated discs and arresting those responsible; but this success remains ludricrously small compared with the industrial scale of the pirate industry.(3) Video piracy is becoming more organized and sophisticated worldwide, using a variety of methods of production and distribution channels. Indeed, the Motion Picture Association of America (MPAA) estimated that it costs the American motion picture companies US$2.5 billion a year in lost revenues,(4) but it did not provide an indication of the employment impact.
Music piracy is big business. The International Federation of the Phonographic Industry (IFPI) estimated that the music industry loses over US$5 billion dollars each year through Internet piracy (downloading of music) and the sale of illegal copies of CDs and cassettes. Pirate CD sales totalled 400 million units in 1998, while music cassettes represented 1.6 billion units.(5) Pirate recordings outnumbered legitimate music sales in 20 countries.(6)
The level of music piracy in North America is low, which is due to a large extent to an aggressive litigation strategy against pirate producers; in Western Europe, Italy and Greece maintain their position as having the highest piracy rates. Finland is also experiencing more piracy than in previous years, with many pirate CDs coming onto the market via Estonia. In Eastern Europe, the Russian Federation, Ukraine and the rest of the CIS stand out both for their extremely high levels of domestic piracy and for their production of illegal CDs, which are exported to the rest of Europe and elsewhere.(7)
In Asia, music piracy is high. Hong Kong (China), China, Malaysia and Pakistan have piracy levels of over 60 per cent. The exception in Asia is Japan, where piracy levels are low. In Latin America, piracy has been high. In Brazil it is starting to have a serious impact on the CD market, with CD piracy rising dramatically by 200 per cent to some 30 million units. In Mexico and Argentina high piracy rates seriously hinder any chance of the market reaching its true potential. Piracy in Australia has been increasing following the change in parallel importation legislation, with pirate CDs entering the market from Asia. On the other hand, piracy in New Zealand is very low. Piracy across the Middle East stands at over 20 per cent -- the exception being the United Arab Emirates, where sustained anti-piracy activity has brought levels down to less than 10 per cent. Israel is now a major cause for concern for the industry, with a domestic piracy level of 60 per cent. In Africa, the piracy level is over 25 per cent across the region, and as high as 77 per cent and 96 per cent in Kenya and Nigeria, respectively.(8)
Book publishing piracy is also big business, but not to the same extent as video, music and software piracy. It is becoming more sophisticated but, unlike the other illegal piracy industries, it has been operating for several decades. In July 1999, three major American publishing houses filed a lawsuit against defendants in Thailand alleged to have reproduced and sold popular textbooks in Thailand's Intellectual Property and International Trade Court.(9)
Means to combat piracy: Legislation,
taxation, protection codes, cooperation
between workers and employers
In response to piracy, the five biggest music companies (EMI, Sony, Universal, Bertelsmann, Warner) are liaising with IBM and other computer and software enterprises to launch a United States digital distribution trial this year. The so-called Madison project will enable consumers to buy albums and singles in the form of digital signals in MP3 format sent to their personal computers over the Internet. There are also talks to develop a piracy-proof digital sales system. Digital music signals have to be encrypted to prevent unauthorized copies being made. The problem of piracy not only affects music, but also texts (on newspaper, magazine and book publishers' sites) and images. Every work covered by copyright and made available on the Internet can be the object of piracy.
Enforcing copyright over digital content is a frustrating task because of the ease with which material can be distributed over the Internet and manipulated to hide its origins. Digital watermarks try to overcome the problem by adding hidden information to digital images, video clips, texts or music. The issue could soon affect the digital TV industry as well.(10) The development of electronic watermarks for digital movies or videos has received a boost from the Galaxy initiative, which aims to combine the approaches of Hitachi, IBM, NEC, Pioneer and Sony.(11)
The recent escalation of Internet piracy, most commonly using the MP3 format, is one of the biggest and fastest-growing problems facing the international music industry.(12) Indeed, it has been facilitated by search engines that permit scanning of the Internet for new MP3 files, some of which are illegal copies. It is estimated that there are around half a million illegal music files on the Internet, to say nothing of personal sites on which people's favourite music tracks have been posted without authorization. However the enthusiasm with which consumers now download unauthorized songs from pirate web sites has also illustrated the commercial potential of digital music distribution, if it can be organized in a secure manner. In a dual strategy to develop legitimate on-line commerce, the recording industry is working with technology companies to develop standards of copyright security for a legitimate on-line music market. Thus, in December 1998 an initiative was launched -- the Secure Digital Music Initiative (SDMI) -- involving all the companies with a prospective interest in the digital music market. It aims to create a framework in which record companies can sell copyrighted music over the Internet or other high-speed telecommunication systems, without fear of piracy. The first stage of SDMI's work is to agree on guidelines for the development of legitimate portable recording devices, which will probably go on sale before the end of 1999. Initially these devices will be used to record songs from compact discs and then, once a legitimate digital music market is under way, to download them from authorized websites. In August 1999, the music industry announced significant action against piracy from September 1999 onwards, when the industry was scheduled to start using new technology to trace down and erase all the 500,000 currently existing illegal songs on the Net.(13)
The President and CEO of the Association of American Publishers observed that: "It's clear that effective copyright management systems are the key to generating and delivering publishable content in the print, electronic and multimedia formats demanded by the changing market-place."(14) With regard to e-books -- digital editions of books downloaded to a personal computer and then loaded into an e-book reader, a new development in 1999 -- the Association of American Publishers has tested the copyright security claims (unauthorized use, eavesdropping, piracy) of some such electronic systems which provide copyright encryption. To carry out this test, it used a digital security firm involved in efforts to create a secure copyright standard for the music industry, which assessed one e-book system as being a "closed, tamper-evident, proprietary hardware device that does not permit arbitrary data to be exchanged with the outside world".(15)
The proceeds from intellectual property rights often go to groups or companies, but not to individuals (performers, writers). For example, payments collected by the music royalties management authorities in Japan amount to around 4.7 billion yen, but FIM notes that little of this money goes to performers. The situation appears to be considerably more favourable for musicians in Argentina and Colombia, but in most other countries there is much scope for enhancing this potential source of income for performers.(16)
8. International labour standards and
international activities concerning the
media and entertainment industries
Recent ILO standard-setting activities of interest for the media and entertainment industries, particularly teleworkers and those in atypical employment, concern fee-charging employment agencies, contract labour, and a Declaration on Fundamental Principles and Rights at Work.
With the adoption in 1997 of an international Convention and Recommendation on private employment agencies (Nos. 181 and 188, respectively) -- designed to allow the operation of private employment agencies, increase the efficiency of labour markets and protect jobseekers using their services -- performers and media workers employed through private employment agencies can benefit from increased protection. The Convention is a revision of the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), adopted when nearly all employment agencies were public entities. The new standard sets general parameters for the efficient operation of private employment agencies, allowing them wider scope for cooperation with public employment services, thus increasing the efficiency of the labour market and providing positive benefits for jobseekers. It underlines the role of representative employers' and workers' organizations in all labour market policies covered by the Convention, taking account of workers' interests by ensuring that agencies operate in line with ethical codes, and giving national authorities the flexibility needed to deal with private agencies in the context of their own realities and concerns.
Significantly, the Convention lists general principles and guidance that protect both workers and jobseekers against poor terms and conditions of employment, providing a framework for sound industrial relations in a rapidly globalizing economy. It calls on member States to ensure that private employment agencies "treat workers without discrimination on the basis of race, colour, sex, religion, political opinion, national extraction, social origin, or any other form of discrimination covered by national law and practice, such as age or disability". It applies to all private employment agencies, all categories of workers except seafarers, and all branches of economic activity. However, after consulting the most representative organizations of employers and workers concerned, a member State may prohibit private employment agencies from operating in respect of certain categories of workers or branches of economic activity, in the provision of one or more services related to jobseeking and offers. The Convention also provides that private employment agencies cannot charge directly or indirectly, in whole or in part, any fees or costs to workers. However, in the interest of the workers concerned, exceptions may be authorized for certain categories of workers, and specified types of services provided by such agencies. Information on such exceptions and the reasons must be provided to the ILO. Ratifying member States are required to ensure adequate protection for workers employed by private employment agencies in relation to: freedom of association; collective bargaining; minimum wages; working time and other working conditions; statutory social security; access to training; occupational safety and health; compensation for occupational accidents or diseases; compensation in case of insolvency and protection of workers' claims; maternity protection and benefits, and parental protection and benefits.
Of particular interest for performers, journalists and others is the ongoing examination by the ILO of possible international labour standards on "contract labour". Many media and entertainment workers are employed on short-term contracts or are subcontracted. Their lack of continuity in employment combined with their often so-called "independent" employment status can mean they are locked out of social security schemes and have limited access to benefits such as paid holidays, maternity protection, and safety and health protection.
In June 1998, the International Labour Conference undertook its second discussion on the development of possible new standards to regulate the use of contract labour. A report before it noted that increased competition, globalization, new technologies and restructuring had dramatically affected relationships between employers and workers. Traditional, long-term, formal employment was increasingly giving way to the use of contract workers, with a parallel growth in new approaches to the rights of workers as well as social and safety factors. Employers were using contract labour to increase productivity, reduce fixed costs and gain flexibility. Workers were concerned that contract labour risked limiting access to such benefits as pension and sick pay, and noted that contract workers were especially prone to occupational accidents and diseases.
It was proposed that a new international standard would focus on ensuring adequate protection for contract workers, probably outlining measures aimed at: preventing accidents and injury to contract workers; providing protection in relation to meeting financial obligations towards them; ensuring that rights or obligations under labour and social security laws are not denied or avoided when contract labour is used; and promoting equality of treatment between contract workers and workers with recognized employment relationships.
There was general agreement that contract labour was a growing phenomenon. Many workers lacked adequate protection as a result of their ambiguous legal situation, which was growing in size and diversity with the development of new technologies and new forms of work organization and production, coupled with steeper competition, globalization of the economy and the current employment crisis. The Conference delegates noted that these workers should be the subject of international labour standards and that all workers, regardless of employment status, should receive the same protection with regard to the right to organize and bargain collectively, freedom from discrimination, and minimum age.
However, delegates struggled with the definition of "contract labour" and the scope of the proposed instrument; while the instrument would be applicable to all contract workers, workers with recognized contracts of employment with user enterprises or employees of private employment agencies made available to user enterprises for contract labour would be excluded. Because of conceptual problems and difficulties in agreeing upon a definition, efforts to establish a new Convention failed to generate sufficient consensus. Delegates therefore referred the matter back to the ILO Governing Body for further consideration, and adopted a resolution inviting the Governing Body to place these issues on the agenda of the International Labour Conference by 2002, with a view to the possible adoption of standards. To continue the work on contract labour commenced by the Conference, a meeting of experts (involving academics and legal practitioners who would examine which workers were in need of protection, appropriate ways to protect them, and how such workers would be defined) to carry out preparatory work for future Conference discussion, research studies and informal meetings in Africa, Asia, Central and Eastern Europe and Latin America and an international meeting of experts were planned.
Delegates to the International Labour Conference adopted a solemn Declaration on Fundamental Principles and Rights at Work and its Follow-up in 1998, committing the Organization's 174 member States to respect the principles and rights inherent in core labour standards and promote their universal application in good faith, relating to: freedom of association and the effective recognition of the right to collective bargaining; the elimination of all forms of forced or compulsory labour; the effective abolition of child labour; and the elimination of discrimination in respect of employment and occupation.
Unlike Conventions, which bind only ratifying Members, the Declaration applies to all States that have accepted the ILO Constitution, whether or not they have ratified the fundamental Conventions. It also serves as a point of reference for the entire global community -- for employers' and workers' organizations, lawmakers, NGOs, global companies and other international organizations. It mandates the ILO to encourage other international organizations with which it has established relations to help create a climate for economic and social development that respects fundamental principles and rights at work. The annual reports required of governments that have not yet ratified one or more of the fundamental Conventions will provide a new source of information on member States' needs in relation to realizing these fundamental principles and rights. A global report, which will cover one of the four categories of fundamental principles and rights in turn, will assess the overall trends and the effectiveness of the ILO's technical support and establish the basis for the Governing Body to determine technical cooperation priorities and future plans of action to assist all member States in their efforts to promote these fundamental principles and rights. An Employer observed that the Declaration is "an extremely valuable step in the right direction ... reconfirm[ing] the core principles of the Conventions without limiting or qualifying them ... The Declaration will become increasingly important because it states very valuable general principles without overly prescriptive limitations".(1)
In 1999 a new ILO InFocus Programme on Promoting the Declaration was launched and will include: media and educational campaigns; research into how each of the rights relates to economic growth, employment creation, poverty reduction and gender equity; policy advice on job creation and social protection underpinned by respect for fundamental principles and rights; legal support to strengthen the capacity of lawmakers and labour administrations; and widening involvement of employers' organizations, trade unions and other civil society groups and regional and international organizations.
Protecting workers against occupational illness and injury, and ensuring a safe and healthy working environment, are subjects embodied in nearly 60 international labour standards -- the highest number in any single field. They guide national policy and action toward a safe and healthy working environment, protecting the well-being and dignity of the worker, including proper supervision of safety procedures concerning hazardous usage of machinery and equipment. These standards include: the Occupational Safety and Health Convention, 1981 (No. 155), and its accompanying Recommendation No. 164; the Occupational Health Services Convention, 1985 (No. 161), and its accompanying Recommendation No. 171; and the Prevention of Major Industrial Accidents Convention, 1993 (No. 174), and its accompanying Recommendation No. 181. They also provide protection against particular agents (white lead, radiation, benzene, asbestos, chemicals), occupational cancer, handling of machinery, and specified risks in the working environment.
Two recent Conventions also address working time and working conditions. The first, the Part-Time Work Convention, 1994 (No. 175), requires ratifying States to take measures to ensure that part-time workers receive the same protection as that accorded to comparable full-time workers in respect of freedom of association, occupational safety and health, and discrimination in employment. It further stipulates that a pro rata approach be taken with respect to part-time workers' basic wage and calls for measures to be taken to ensure that part-time workers receive conditions equivalent to comparable full-time workers in the fields of maternity protection, termination of employment, paid annual leave and public holidays, and sick leave. The Convention is supplemented by Recommendation No. 182. The second, the Home Work Convention, 1996 (No. 177), requires that ratifying States adopt, implement and periodically review a national policy on home work aimed at improving the situation of homeworkers. The national policy shall promote, as far as possible, equality of treatment between homeworkers and other wage-earners. The Convention is supplemented by Recommendation No. 184.
International protection of performances, broadcasters
and performers: The Rome Convention
It is against this backdrop of standard-setting activities and as a member of the Rome Convention Secretariat that the ILO has been involved in improving and ensuring adequate protection for performers, journalists and others in the context of rapidly evolving technologies, multimedia convergence and the globalization of media and entertainment. Since the adoption in 1996 of the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty (WPPT), the ILO has closely followed, as an observer, the developments regarding the possible adoption of a WIPO instrument concerning the protection of audiovisual performances, as well as recent proposals on protecting the rights of broadcasting organizations.
The ILO noted with interest the findings of the study requested by the sixteenth ordinary session of the Intergovernmental Committee of the Rome Convention held in Paris in 1997, on the relationship of, and comparison between, the Rome Convention, the WPPT and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS); and also the proposals regarding possible areas of revision of the Rome Convention in order to update it, close continuing gaps in coverage, bring it into line with other instruments developed since its adoption, and especially to ensure that a fair balance is struck between the interests of various rights holders. Information on this study and the discussion at the seventeenth ordinary session of the Intergovernmental Committee meeting was provided to the 276th Session (November 1999) of the ILO Governing Body.
From the late 1920s, international discussions took place on neighbouring rights, or rights of performers, producers of phonograms and broadcasters which were said to be akin to, or "neighbouring" on, copyright. These discussions ultimately led to the adoption in 1961 of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (known as the Rome Convention), adopted in Rome by a Diplomatic Conference of governments on 26 October 1961, which the ILO, together with UNESCO and WIPO, administers. The Convention addresses the issue of protection of neighbouring rights, which arises when a contribution is made to an original work (for which considerable copyright protection exists) through performances, recording and broadcasting, thus creating other protected works (audio recordings, including records, tapes and CDs). It is important to note that, in only covering phonograms and not film or television production, the Convention restricts the definition of recordings to the aural fixation of sounds (i.e. excluding images). The interconnection between the three rights owners to be protected (i.e. performers, phonogram producers and broadcasters) and the necessity to create an equilibrium between the three led to the creation of a separate Convention dealing with the rights of the three owners in one instrument. This is unique in international Conventions in the intellectual property field.
At the time the Rome Convention was adopted, many countries only had legislation granting rights to one or two of the beneficiaries. The Rome Convention provided for rights for all three: performers, producers of phonograms and broadcasters. Because it was a pioneer Convention, many countries had to legislate to create the minimum rights provided for before they could ratify. The progress of the Convention, as measured by ratifications, was therefore slower than was the case with other Conventions. To date, 61 States have ratified the Convention, around half of which did so in the 1990s. The Convention has had an important influence, and other countries have legislated to grant rights or additional rights to one or more of the three beneficiaries of the Convention, many for the first time.
Under the Rome Convention, performers (actors, singers, musicians, dancers and others who perform literary or artistic works) are protected against certain acts to which they have not consented, such as: the broadcasting and communication to the public of their live performance; the fixation of their live performance; the reproduction of such a fixation if the original was made without their consent or if the reproduction was made for purposes different from those for which they gave their consent. In point of fact, performers may only prevent the original recording in the first instance. Some European and Latin American countries have chosen to provide broader rights to performers in their audiovisual fixations, but they are a minority of the Rome Convention contracting parties.
Producers of phonograms enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms. Phonograms are defined in the Rome Convention as meaning any exclusively aural fixation of sounds of a performance or of other sounds. When a phonogram published for commercial purposes gives rise to secondary uses (such as broadcasting or communication to the public in any form), a single equitable remuneration must be paid by the user to the performers, or to the producers of phonograms, or to both; contracting States are free, however, not to apply this rule or to limit its application.
Broadcasting organizations enjoy the right to authorize or prohibit certain acts, namely: the rebroadcasting of their broadcasts; the fixation of their broadcasts; the reproduction of such fixations; and the communication to the public of their television broadcasts if such communication is made in places accessible to the public against payment of an entrance fee.
In addition to a number of exceptions, the Rome Convention provides that, once a performer has consented to the incorporation of his or her performance in a visual or audiovisual fixation, the provisions on performers' rights have no further application. Protection must last at least until the end of a period of 20 years computed from the end of the year in which: (a) the fixation was made, for phonograms and for performances incorporated therein; (b) the performance took place, for performances not incorporated in phonograms; (c) the broadcast took place, for broadcasts. (However, national laws increasingly provide for a 50-year term of protection, at least for phonograms and for performances.)
Activities of other international
organizations in this field
The main organizations addressing intellectual property and cultural issues related to the media and entertainment industries are UNESCO, WIPO and WTO (the World Trade Organization). The OECD and the European Union are also involved in issues of information technology, particularly electronic commerce and audiovisual policy development, which are both relevant to the media and entertainment industries.
WIPO's activity in the field of intellectual property rights since the Rome Convention has led to the adoption of a number of related instruments: the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms (1971); the Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite (1974); the Agreement between WIPO and WTO on Trade-Related Aspects of Intellectual Property Rights (TRIPS, 1995) and the WIPO Performances and Phonograms Treaty (WPPT, 1996). This latter Treaty provides for improved protection for performers, producers of phonograms and broadcasters; however, an area of major concern is that its general application to audiovisual performances is excluded. The protection of the rights of performers and other rights holders in relation to audiovisual performances is of utmost importance in today's entertainment industry with digitalization creating unlimited possibilities for copying, reproducing, recreating, reuse, etc. of the works of performers. WIPO is currently working on the development of an international instrument concerning audiovisual performances. One of the most controversial issues to resolve is a proposal that the Protocol provide for a presumption of automatic transfer of performers' rights when their performances are recorded or "fixed" in audiovisual productions.
The WTO's Agreement, which came into effect on 1 January 1995, covers copyright and related rights (rights of performers, producers of sound recordings and broadcasting organizations); trademarks including service marks; geographical indications including appellations of origin; industrial designs; patents including the protection of new plant varieties; the layout designs of integrated circuits; and undisclosed information including trade secrets and test data. Its general goals include the reduction of distortions and impediments to international trade and promotion of effective and adequate protection of intellectual property rights. It also sets out to ensure that measures to enforce intellectual property rights do not themselves become barriers to legitimate trade. It covers standards, enforcement and dispute settlement, setting out minimum standards of protection to be provided by each Member. As in the main pre-existing intellectual property Conventions,(2) the basic obligation on member countries is to accord the treatment in regard to the protection of intellectual property provided for under the Agreement to the persons of other Members, referred to as "nationals" but including persons, natural or legal, who have a close attachment to other Members without necessarily being nationals.
The Agreement also provides for inclusion of the fundamental rules on national and most-favoured-nation treatment of foreign nationals, common to all categories of intellectual property covered by the Agreement. While the national treatment clause forbids discrimination between a Member's own nationals and the nationals of other Members, the most-favoured-nation treatment clause forbids discrimination between the nationals of other Members. Under the dispute settlement procedures, there have been few cases since the TRIPS came into force. The first was in early 1996 when the United States claimed that Japan's copyright regime for the protection of intellectual property in sound recordings was inconsistent with provisions of the TRIPS Agreement. The European Communities also requested consultations stating it had a substantial trade interest in terms of, inter alia, the relevant parts of the repertoire of the popular music of The Beatles, The Rolling Stones, Rod Stewart and James Last, as well as the classical music repertoire of Karl Böhm, Herbert von Karajan, Leonard Bernstein, Sir Georg Solti and the Vienna and Berlin Philharmonic Orchestras. From their knowledge and observation of the Japanese market, European industry calculations of unauthorized copies of European recordings exceeded 100 million ecus in value. In 1996, Japan amended its Copyright Act to grant protection to past performances performed in a WTO Member and existing sound recordings first fixed in a WTO Member or fixed by a national of a WTO Member for a term of at least 50 years. Under this legislation, the term of protection should extend to those existing sound recordings that had not already enjoyed a full term of protection in the country of origin or in which protection was sought. Based on this, Japan and the United States agreed to terminate consultations and the latter withdrew the case.
Audiovisual services covered by the General Agreement on Trade in Services (GATS) are excluded from the disciplines of national treatment and market access. A new round of WTO consultations on GATS 2000 was due to begin in January 2000, but appeared to be running behind schedule by December 1999. The TRIPS Agreement is to be reviewed and possibly amended.
UNESCO encourages governments to adopt measures which promote creativity and increase the production of national literary, scientific, musical and artistic works, with a view to reducing dependence on foreign sources. A first step is to help them to prepare legislation and appropriate enactment policies, and encourage them to adhere to various international Conventions on the protection of copyright and neighbouring rights. The Conventions and Recommendations administered by UNESCO in this field are: the Universal Copyright Convention (Geneva, 1952, revised in Paris in 1971); the Recommendation on the Legal Protection of Translators and Translations and the Practical Means to Improve the Status of Translators (adopted in 1976); the Recommendation concerning the Status of the Artist, (adopted in 1980); and the Recommendation on the Safeguarding of Traditional Culture and Folklore (adopted in 1989). The Recommendation on the Status of the Artist calls on member States to support artists, to promote employment opportunities for them and to seek means of extending to artists the legal protection concerning conditions of work and employment defined by the standards of the ILO.
The OECD has recently developed initiatives and discussions on specific topics directly relevant to the audiovisual sector, such as multilateral rules on investment, invisible transactions and electronic commerce. OECD members launched a reflection on electronic commerce, the highlight of which was the Ottawa Ministerial Conference in October 1998, bringing together ministers of OECD member governments, observers from non-member countries, the heads of major international organizations, industry leaders, and representatives of consumer, labour and social interests for the purpose of furthering their plans to promote the global development of electronic commerce.
The OECD administers instruments related to international investment, invisible transactions and movement of capital, such as the legally binding codes of liberalization, or guidelines for multinational enterprises. The absence of consensus around the Multilateral Agreement on Investment (MAI) in 1998 has postponed the elaboration in the OECD of multilateral rules on foreign direct investment.
The European Union is considering an amended proposal for a directive on copyright and of related rights in the information society, presented by the European Commission on 21 May 1999, to establish a level playing field for copyright protection in the new environment, particularly the reproduction right, the communication to the public right, the distribution right, and legal protection of anti-copying and rights management systems, while safeguarding a fair balance between all the rights and interests involved. The proposed directive would continue to require Member States to provide network operators with an exception from the reproduction right for certain technical acts of reproduction (such as certain "cache" copies arising during transmission over the Internet) and recognize that Member States may provide rights holders with fair compensation for private copying by analogue as well as digital means, in accordance with their legal traditions and practices. It would adjust and complement the existing EU framework on copyright and related rights to respond to the new challenges of technology and the information society, to the benefit of both rights holders and users. In particular, it would stimulate creativity and innovation by ensuring that music, films and all materials protected by copyright enjoyed adequate protection throughout the Single Market, while facilitating cross-border trade in copyright-protected goods and services, particularly ICT products and services (both on-line and on physical carriers such as CDs). It would contribute towards harmonious development of the information society at the world level by meeting the main requirements of TRIPS and WPPT.
ILO action in the media and entertainment sector
The major event in recent years for the ILO was the 1997 Symposium on Multimedia Convergence, which encouraged a very stimulating debate. The Office has also provided financial and technical support to performers' and journalists' organizations. An ILO-funded study by the International Federation of Musicians (1998, cited in Chapter 4) on Asia, Africa and the Americas underlined the fact that, apart from Japan and a few countries in Latin America, the majority of musicians in these regions lived in very precarious conditions. Because the employment status of musicians was frequently "independent", they were often not covered by social security schemes. The study noted the increase in unemployment of musicians. While commercial activity in musical recordings and distribution was increasing in these regions, collecting societies remained very underdeveloped. Owing to the precarious nature of musicians' contracts, trade union organizing had been limited, and the study identified the need to provide assistance to improve the protection of musicians in developing countries. In addition to the study, training was conducted on trade union organizing and collective bargaining for musicians in Latin America and Africa in 1998-99. Similar training is planned for the Asia-Pacific region.
The Office supported a study by the International Federation of Actors (cited in Chapters 2, 3 and 4), which examined the internationalization and financing of audiovisual production, the organization of actors, contracting practices, collective bargaining and work permits and immigration processes in audiovisual production. The study noted that the increasing mobility of production, as well as the capital funding for international productions, was making it increasingly challenging for actors' unions to be able to organize and enforce collective agreements. In order to benefit from the expansion of audiovisual production worldwide, performers' unions needed to develop individually and collectively. This could be achieved through technical assistance to support the development of union education; designing a series of internationally recognized model contracts for use on international productions; exploring internationally agreed minimum standards for the employment of performers; and promoting adherence to collective agreements by producers and the promulgation of these provisions through international coproduction treaties and government subsidy schemes. In 1999, the Office contributed to an International Conference on Live Performance in Lisbon, examining employment, safety and health, multinational production and unionization issues in theatre, opera and dance.
The Office also supported the preparation of a world survey on the employment and working conditions of freelance journalists, conducted during 1998-99 by the International Federation of Journalists, which covered collective agreements and the role of unions in assisting and organizing freelance journalists (see Chapter 4).
9. Social dialogue in the media
and entertainment industries
How can an increasingly fragmented and precarious labour force, with a much weaker identity than before, find ways to organize effectively? How will employers work together to ensure that productivity, pay and working conditions are maintained or improved, and good training and levels of skills ensured, while enhancing their enterprises' performance, in a globalized and highly competitive environment?
The information revolution has shaken the foundations of the economic structure of the media and entertainment industries, shattered many assumptions and given rise to new hopes and expectations. The survival mechanisms developed in past decades, such as relatively stable employment relations, collective agreements, worker representation, employer-provided job training, and jointly funded social security schemes (in certain countries or sectors of these industries) have been weakened by a combination of factors including globalization, casualization, and multimedia convergence. Thus new forms of social dialogue -- sometimes across frontiers and often using these technologies -- will be useful in searching for socially acceptable solutions to work-related problems.
Collective bargaining cannot keep pace with technological and other developments in the industry and society at large. The workforce is much more fragmented than in the past; companies are contracting out some of what used to be integral parts of their business; and new forms of social dialogue and interaction are needed. Indeed, there is great scope for social dialogue in these industries, as the pace of structural and technological change accelerates. Some enterprises have vertical integration of the whole production chain, and employers are now often foreign, multiple media multinational conglomerates without much background in each specific sector. Traditional industrial relations systems based around collective bargaining in specific industrial divisions have become weaker in many countries. Until recently the complex labour relations structures of these industries often made it difficult for workers' organizations to communicate across sectors, occupational groups and boundaries. They operated in relative isolation from each other, although evidence suggests that multimedia convergence and other factors have encouraged wider-based cross-sectoral dialogue.(1) Progress has been made in bringing trade unions and federations from different professional and sectoral backgrounds closer at various levels in the context of multimedia convergence,(2) and these groupings help to improve the prospects for fruitful dialogue -- for example at the level of the European Union. Computer-assisted meetings for teleworking trade unionists are a new way of organizing, but on-line "enterprise-level" bargaining has yet to happen.
Social dialogue can cover not only the protection of workers but also contribute towards: fostering enterprise development and competitiveness; meeting the skills requirements of the media and entertainment industries; ensuring cultural diversity; combating copyright piracy; upholding legal obligations on safety and health, social security, equality of opportunity, remuneration of copyright holders; and facilitating the exchange of information between the social partners (and civil society). Indeed, the Internet and e-mail offer increased scope for communication and organization across sectors and internationally. A case in point is the Graphical, Paper Media Union (GPMU) in the United Kingdom which has organized a growing number of people working on the Internet, either at home or in small enterprises, via e-mail; their website is visited by workers from around the world.(3) Multimedia convergence and the increasingly international nature of these industries suggest that new forms of social dialogue need to be developed, and the ILO could have a useful role to play in bringing these groups together to discuss their problems and work towards acceptable solutions at the regional and global levels.
Social dialogue is beginning to develop in the media and entertainment industries in the European Union, on three levels. First, European works councils set up on the basis of a European Commission Directive bring together representatives of employees and management of any firm which employs 1,000 or more workers in an EU country and over 100 in another; these give workers a right to information and consultation and provide an opportunity to organize internationally. However, in the media and entertainment sector there are few examples of such councils so far: Radio Television Luxembourg has one and Canal Plus is organizing another. More such councils exist in the graphical sector. For example, the Canadian-based multinational Quebecor, now the biggest printer in the world following its recent takeover of the American company World Color, has agreed to set up a European works council in advance of the incorporation of the European Works Council Directive into British law. Quebecor proposed that the Special Negotiating Body consist of full-time trade union officials representing workers in each country in which it has production sites -- Finland, France, Portugal, Sweden, the United Kingdom and possibly Germany, with a representative from the European Graphical Federation. The first meeting of the Special Negotiating Body was due to be held in November 1999.(4)
Secondly, at the sectoral level there is a mechanism for international social dialogue, with meetings financed by the European Commission. Such talks generally cover questions of training and employment security rather than pay. Social dialogue committee meetings have taken place between the European Broadcasting Union (for the employers) and EURO-MEI (for the workers), on the future of public broadcasting; and for the theatre sector with the Performing Arts Employers Associations League Europe (PEARLE) (for the employers) and the European Entertainment Alliance (for the workers) in 1999. The Social Dialogue Committee in the Sector of Performing Arts agreed in September 1999 to make the promotion of the performing arts their main issue within the framework of social dialogue, addressing ways to increase audiences and employment, examining good practices and rules promoting live performance, focusing on the free circulation of performers in Europe, agreeing on a common lobbying strategy, and developing a network of national committees to support live performance. Other such committees are being planned for film and television production and for publicity/advertising.(5) In the graphical sector, social dialogue at the European level was at a standstill according to the European Graphical Federation -- the employers had apparently abstained from jointly requesting the creation of a European Committee for Social Dialogue, but there were increasing calls for a European dimension to be incorporated into national collective agreements in the sector. However, on a more positive note, the European Graphical Federation is involved in three projects with the employers' organization INTERGRAF (International Confederation for Printing and Allied Trades): a study on the competitiveness of the European printing industry; a proposal to create a common on-line platform on the Internet to provide a wide range of data on the graphical and media sectors; and research on qualifications and job profiles in the printing and information technology industries.(6)
Thirdly, there is social dialogue at the highest level, between the European Trade Union Confederation and the employers, but this is rarely likely to impinge on a sector with relatively few employees and very specific problems.
In developing countries, it is vital -- in the context of massive technological changes at the international level, economic adversity and rapid cultural change -- for governments, employers' and workers' organizations to enhance social dialogue in order to promote sound systems of labour relations that create an equitable way of sharing the benefits and sacrifices of change. In many countries, however, the democratic institutions and structures necessary for this have been fragile or non-existent.(7)
As the employment patterns of performers and journalists move away from relatively secure and permanent employment to freelance, self-employed or informal sector work, workers can no longer depend on legislative provisions on social security, even in countries where social security has good coverage. Trade unions must endeavour to promote social dialogue with employers and government to ensure adequate industry-wide coverage.
For many years, trade unions generally concentrated their efforts on defending workers' interests in terms of pay and conditions, but an increasing number of them have added occupational interests -- for instance, quality of work, training and career policies -- to the agenda.(8) As regards job losses in the graphical industry, the traditional approach that concentrated on pay and conditions would have involved unions' bargaining over severance pay and the prevention of compulsory redundancies, for example the more innovative approach, which concentrates on occupational interests, also includes bargaining over retraining for new jobs and modifying the curriculum of printing colleges to prepare students more broadly for jobs in the media industries. Given the decline of employment in the traditional graphical industry and the rise in the electronic media, the traditional approach cannot give much promise of employment in the information and entertainment industries to graphical workers losing their jobs, while the second can offer hope and prospects by retraining which supplements or replaces graphical workers' traditional qualifications.
Some graphical unions were quick to recognize the potentially disruptive effects of ICTs, perhaps prepared for this by previous experiences with the introduction of photocomposition in the 1970s and automatic page make-up in the 1980s. Some tended more towards the traditional approach, while others attempted more innovative strategies.
Two American unions, the Communications Workers of America and the Newspaper Guild, were among the first to explain what the "information superhighway" was, and what it meant for people.(9) The unions paid much attention to the threat of a widening gap between the information "haves" and "have-nots". Attention to workers' interests was restricted to pay and conditions. The unions argued that writers and other media workers must be compensated for the multiple use of their work and protested against the growth of non-union firms which paid lower hourly wages and no pensions, and undercut permanent employment by contract labour, daily hires and agency-recruited temporary workers.
Meanwhile, German unions -- Deutsche Postgewerkschaft and IG Medien -- launched a series of joint conferences and publications about multimedia and their impact on employment.(10) They dealt with the same issues, but also examined workers' occupational interests. For instance, IG Medien proposed a joint strategy for employers' and workers' organizations in the printing and publishing industry which advocated: strengthening workers' participation -- participative development of new technologies; proactive multimedia training policies, including training of pre-press workers, requalification of pre-press workers made redundant, and restructuring the system of vocational training; collective regulation of the employment conditions of teleworkers; counselling and monitoring of multimedia activities, and pilot projects by labour studies researchers; and intensifying the dialogue between the parties to collective agreements on industry policies.(11) These points drew their inspiration both from the traditional union function of protecting the workers with the weakest position in the labour market (in this case, teleworkers) and from proactive orientation on training for multimedia. The issue of training has been elaborated by the union in job profiles, and in the content and structure for a curriculum for multimedia designers.
Union efforts to offer new opportunities to workers who could be victims of rapid change in the graphical industry also depend on the willingness of employers and employers' organizations. However, although employers' organizations in the printing and publishing industries are losing members and becoming less representative, they often remain institutionally geared to their traditional industry and are not very interested in engaging in broader media industry platforms, while collective organization is fragmented or completely lacking in the new media business. Lack of interest in negotiating industry-wide arrangements to cope with the effects of ICTs and convergence could harm the industry, because issues such as skills and competences are shared interests.(12) In this respect governments could and should do more than merely subsidize research, training and development. Recognition that obtaining positive effects from ICTs depends on institutional adaptations should persuade governments to take more effective action to bring unions and employers' organizations together to discuss and undertake joint action programmes. A joint approach is essential if the information society is to combine technological and social innovation and achieve a balance of economic performance, decent work and social justice.
10. Summary
The global trends in ICTs, as described in this report, indicate that the information society is truly upon us. More and more media and entertainment material is flowing into homes, workplaces and schools, at ever greater speeds, using a wider variety of means. Rapidly expanding computing capability will enable us to use that material in ways only dreamed about before. As the next generation of television screens, integrated with computers, brings us virtually unlimited choice of digital quality pictures and sound, new markets for films and television programmes and extra Internet services will continue to open. Fresh content will be created for new formats, with innovative approaches to storytelling. Meanwhile, Internet and other technologies will continue to develop, and there is still a future for printed books, newspapers and other paper products.
Information technologies have accompanied globalization, privatization, multimedia convergence, restructuring and mergers and acquisitions in transforming media and entertainment to a very great extent in industrialized countries; the development has been less marked in developing countries. ICTs have offered new employment, often of a different nature and quality than previous jobs, particularly for people providing creative content, and created new products, new forms of work and new occupations, while increasing productivity and technical quality. At the same time, these processes have cut jobs, displaced workers and replaced older skills and technologies. The situation in developing countries often differs substantially from that in industrialized ones, and has greater potential for change in the future. Care should therefore be taken to analyse the realities at the national level on a case-by-case basis. The impact of the technologies in these industries seems -- if anything -- to have improved women's chances in some fields, but information on this is too anecdotal to draw clear conclusions, while older workers appear to have been the group most affected by job losses.
All these changes are part of the process of economic development at the national and international levels, and cannot be reversed by nostalgia for a "golden age"; they should be welcomed or accepted so long as there are sufficient checks and balances to ensure that the fruits of growth in media and entertainment are shared fairly, and that the rights, responsibilities and interests of governments and employers' and workers' organizations are fulfilled. These changes are examined in Chapters 2 to 4, by sector or by occupational group. Most governments have endeavoured to promote the ICTs, while keeping a watchful eye on the content of the Internet, on competition rules, and on the question of mergers and acquisitions of major players in these industries.
The effect of the ICTs on film and broadcasting processes and content, as well as on the employment of broadcast performers and media and entertainment workers, has generally been beneficial in terms of technical quality and the quantity of consumer choice; however, experience has been more mixed as regards content, quality and origin of the material on offer. The government's role in broadcasting has become increasingly distant, while in film it has moved towards attracting foreign film-makers and promoting the interests of the national film industry.
The impact of the technologies on live performance, with regard to performers' employment and incomes, is very apparent for musicians affected by, among other things, the development of electronic keyboards and computer musical equipment that can reproduce the sound of a small band or large orchestra; but there have also been benefits from increased publicity and wider diffusion of recorded performances that can generate demand for future live events, and new opportunities in multimedia and other new media work. Governments appear to be less active in promoting live performances than in the past, though new initiatives to create employment for performers hold some promise.
For performers, technological developments can represent enormous opportunities. Their recorded work will be available across the globe simultaneously. Developers of the next generation of entertainment, educational and information materials will use performers to bring their creations to life. Performers can share in the tremendous economic potential of digital media, but it is also a threat. In the world of perfect copies and easy duplication, their work must be protected. Some performers may be replaced by computer-generated competitors, who will not need contracts or payment. While these developments remain fluid, all those involved in the process -- individual performers, unions, employers, producers, developers, distributors and exhibitors -- must prepare for this future. If they do, the opportunities will outweigh the threats -- but if they do not, there may be a significant negative impact on them and on society.
For newspaper and magazine journalists, the technologies have had a profound effect on ways of working, especially for freelancers, and access to the Internet has become essential for many. There has been very substantial growth in new media journalism and telework for writers, editors, artists and graphic designers, but some work now performed by journalists might previously have been done by typists, compositors and others.
In publishing and the graphical industry, technological changes have been profound and many traditional crafts have been displaced, particularly in industrialized countries. A major challenge for printing workers is to adapt themselves to new equipment, unaccustomed ways of working and sometimes moving away from print into new media.
ICTs have in some ways facilitated copyright piracy, with attendant loss of benefits to the industry and income to workers; but they also provide new means to combat it through digital watermarking, Internet-based copyright-tracking systems and the like -- which can supplement efforts in other areas, such as legislation, taxation, protection codes and cooperation between writers, artists, performers and employers.
The impact of technologies on contractual arrangements, status and labour-management relations in media and entertainment are discussed in Chapter 4 in relation to performers -- actors, musicians, dancers in film, broadcasting and live theatre, covering aspects such as legal protection, collective bargaining, monitoring the use of material and securing payments -- as well as freelance journalists, graphical and publishing workers and other media and entertainment workers. Information technologies have brought about substantial improvements in safety and health (see Chapter 5), but have also raised new problems, such as technostress, computer-related hazards and risks, and factors related to telework.
Training in information technologies is crucial for the future of these highly competitive industries. Equitable training and employment opportunities for men and women must be promoted, regardless of age or contractual status, where possible, and must be appropriate and adequately funded. Technological developments have determined new skills requirements for media and entertainment workers, and there have been many new training initiatives by governments, industry employers' and workers' organizations to equip them for the twenty-first century (see Chapter 6).
Many international labour standards are relevant to the sector, including those on freedom of association, collective bargaining, home work, employment agencies, discrimination (employment and occupation), and safety and health, and the Declaration on Fundamental Principles and Rights at Work. The adoption of possible standards on contract labour could be of special importance to freelance journalists and performers. Chapter 8 also considers international protection of performances, broadcasters and performers and activities of international organizations in information technologies and media and entertainment. Standards on trade and intellectual property have had a major impact on the evolution of these industries since the TRIPS agreement, with reinforced legislation and renewed vigour in combating piracy and protectionism.
Traditional labour-management relations have problems coping with technology and other developments in media and entertainment, because the workforce is more fragmented than before, and enterprises are subcontracting work that used to be core business. Thus new forms of social dialogue and interaction are seen by the ILO as essential for developing these industries at all levels. They are also viewed as a means to address the impact of ICTs and issues relating to social protection and informal sector workers in media and entertainment, as well as a way to promote training as a central strategy to safeguard the interests of all stakeholders. There is great scope for such initiatives in this restructured, more globalized and technological environment, and the Internet and e-mail offer increased possibilities for communication and organization within and across sectors and countries. Examples of fruitful consultation, cooperation, and so on are given in Chapter 9. The report concludes with some ideas for future ILO activities in this field and suggested topics for discussion.
Suggestions for possible ILO action
Practical initiatives to:
(a) promote training courses in the use of technology in these industries, organized jointly by the social partners (and identify who should run them and how they should be funded), so that the reticence about or fear of such technology is diminished, while the needs of employers, workers and governments (for example, enhancing skills, productivity, competitiveness and employment) are prioritized;
(b) promote better safety and health practices, especially among teleworkers, through research, information and education initiatives using the Internet;
(c) encourage employers and workers in firms in these industries to engage in social dialogue, using the ILO as a forum at the national, regional and international levels; enhance participation in workers' and employers' organizations; and assist moves to enhance cooperation with organizations in related media and entertainment sectors, and in multimedia convergence sectors such as telecommunications and computer industries;
(d) continue collaboration with WIPO, WTO and employers' and workers' organizations to promote action to protect copyright, emphasizing the importance of this for employment and incomes; obtain statistics/and estimates; and undertake research on the employment implications of copyright piracy;
(e) undertake research on contractual arrangements, social security, statistical sources and indicators -- general patterns, impact, obstacles and opportunities that the new technologies have demonstrated at the national level -- and on child performers.
Suggested topics for discussion
(i) Latest developments in information technologies.
(ii) New occupations, new forms of work organization and skills training needs.
(iii) Combating piracy.
(iv) Employment status, contractual arrangements and social protection.
(v) Social dialogue, social responsibility and voluntary initiatives.
1. Miller and Sand, op. cit., p. 17.
2. International Federation of Musicians, op. cit., p. 5.
3. ibid., p. 144.
4. ibid., pp. 116-119.
5. ibid., pp. 5-6.
6. S. Baines: "Servicing the media: Freelancing, teleworking and 'enterprising' careers", in Technology, Work and Employment (Oxford, Blackwell), Vol. 14, No. 1, Mar. 1999, p. 29.
7. International Federation of Journalists (IFJ): Worldwide survey on the social and professional conditions of freelance journalists (Brussels, 1999), unpublished. The summary in the text is based on preliminary findings; replies had been received from 52 countries in mid-October 1999. Final results of the survey were to be completed at the end of November 1999.
8. H. Anderson: "Freelance rights online", in Editor & Publisher, 3 May 1997, p. 53.
9. D. Blankenhorn: "Writers sue over use of articles online", in Newsbytes, 17 Dec. 1993.
10. C. Oppenheim: "Tasini v. The New York Times: The implications", in Journal of Information Science, Vol. 24, No. 1, 1998, p. 49.
11. T. Down: "Suing Thomson: It's a classic David and Goliath story", in Media (Toronto), Winter 1999, p. 14.
112. Oppenheim, op. cit., p. 49.
13. F. Barringer and C. Kilgannon: "Websites offer a new lure for writers: Wealth on paper", in The New York Times (New York) 20 Sep. 1999, p. 1.
14. M.L. Stein: "Advice on freelance rights", in Editor & Publisher, 4 Oct. 1997, p. 24.
15. P. Boutie: "Will this kill that?", in Communication World, 1 Apr. 1996, p. 34.
16. N. Stein: "New media, old values", in Columbia Journalism Review, July/Aug. 1999, p. 11; and R. Goldsborough: "Online news", in Office Systems, June 1998, p. 11.
17. J. Swartz: "Net's role in scandals may alter news media", in The San Francisco Chronicle, 24 Sep. 1998, p. B1.
18. C. and J. Stanworth: "The self-employed without employees -- autonomous or atypical?", in Industrial Relations Journal, 1995, Vol. 26, No. 3, pp. 221-229.
19. ibid., pp. 221-229.
20. ibid., p. 222.
21. P. Smith and G. Morton: "A change of heart: Union exclusion in the provincial newspaper sector", in Work, Employment and Society, 1990, Vol. 4, No. 1, pp. 105-124; idem.: "New technology in the provincial newspaper sector: A comment", in British Journal of Industrial Relations, 1991, Vol. 29, No. 2, pp. 325-328; and M. Noon: "Strategy and circumstance: The success of the NUJ's new technology policy", in British Journal of Industrial Relations, 1991, Vol. 29, No. 2, pp. 259-276.
1. S. Hecker: " Introduction and overview" to Ch. 18 in ILO: Encyclopaedia of Occupational Safety and Health, op cit., Vol. 1, p. 18.1.
2. D. Richardson: "Printing, photography and reproduction industry: General profile", in ILO: Encyclopaedia of Occupational Safety and Health, op. cit., Vol. 3, p. 85.2.
3. D. Gregory et al.: "Industrial relations and protection of the environment: Research findings from a new policy field", in European Journal of Industrial Relations, 1999, Vol. 5, No. 2, pp. 139-162.
4. S. Knopp: "Graphic arts", in ILO: Encyclopaedia of Occupational Health and Safety, op. cit., Vol. 3, p. 96.21.
5. Based on W.E. Irwin: "New technology in art", in ILO: Encyclopaedia of Occupational Safety and Health, op. cit., Vol. 3, p. 96.14; and S. Knopp: "Graphic arts", ibid., p. 96.21.
6. See for example C.-W. Englund: "Theatre and opera", in ibid., pp. 96.28-30.
7. M. McCann: "Entertainment and the arts", in ibid., pp. 96.2-6.
8. S. Harman: "History of performing arts medicine", in ibid., p. 96.23.
9. J.P. Chong: "Musicians", in ibid., p. 96.23-24.
10. S.K. Richman: "Actors", in ibid., p. 96.27.
11. M. McCann: "Motion picture and television production", in ibid., pp. 96.32-33.
12. A. White: "Journalism", in ibid., pp. 96.35-36.
13. N. Clark: "Radio and television broadcasting", in ibid., p. 96.35.
14. A. White: "Journalism", in ibid., pp. 96.35-36.
15. Based on "Union advice on mobile phone safety", in Labour Research (London), Sep. 1999, p. 27.
16. Health and Safety Executive: Stress at work -- A guide for employers (Sudbury, Suffolk, United Kingdom, HSE Books, 1995).
17. Reported in the Annual Budget of the Government of the Netherlands, presented on 21 September 1999.
18. K. Pickshaus: "Health hazards in computer work and new organizational options: Experience in the media industry", in Labour Education, op. cit., No. 110-111, pp. 40-44.
19. FNV Magazine, 19 Nov. 1998.
20. J. Tessler: "Telework", in Encyclopaedia of Occupational Health and Safety, op. cit., Vol. 3, pp. 99.10-11.
21. Retrieved from website http://www.bbc-safety.co.uk, 25 August 1999.
1. ILO, Final report, op. cit., p. 9.
2. Some recent examples are described in Bundesministerium für Wirtschaft und Technologie: Karrierewege in der Multimedia-Wirtschaft: Qualifikationsanforderungen und Arbeitsmarktentwicklung in einer Zukunftsbranche, Berlin, BMWi Dokumentation, Nr. 464, Sep. 1999.
3. A. White: "Journalism", in Encyclopaedia of Occupational Health and Safety, op. cit., Vol. 3, p. 96.35.
4. International Federation of Musicians, op. cit., p. 7.
5. Ward, op. cit., p. 5.
6. Based on remarks by Robert Zachariasiewicz, Director of Public Affairs, United States Department of Labor, in written comments to the ILO dated 26 August 1999.
7. INGRIN Newsletter (Amsterdam), 1999/2000, and INGRIN Institute of Printing and Graphics News (Colombo, Sri Lanka), 1999.
8. Published by MUSENET in Brussels in 1998; it has been updated on website http://www.ifj.org/musenet/train.html, retrieved 22 October 1999.
1. International Federation of the Phonographic Industry (IFPI): Record Industry World Sales 1998 (London, 1999); IFPI: Music Piracy Report 1998 (London, 1999).
2. "Star Wars als Raubkopie im Netz", 6 June 1999, on website http:www.zdf.msnbc.de/news/
35076.asp, retrieved on 5 August 1999.
3. V. Brunschwig: "Le piratage cinématographique est devenu une affaire de grand banditisme [Video pirates becoming a big crime business]", in Le Monde (Paris), 25 Aug. 1999.
4. MPAA: "Anti-piracy", on website http://www.mpaa.org, retrieved 27 July 1999.
5. IFPI press release: Music industry sees global pirate CD traffic up 20 per cent (London, IFPI, 1999).
6. idem.
7. IFPI, Music Piracy Report, op. cit., p. 3.
8. idem.
9. Association of American Publishers: "US publishers file landmark piracy suit in Thailand", Press release issued 19 July 1999, on website http://www.publishers.org, retrieved 1 September 1999.
10. Financial Times (London), 15 Mar. 1999.
11. Financial Times (London), 16 Mar. 1999.
12. Financial Times (London), 3 May 1999.
13. Handelsblatt (Dusseldorf), 20 Aug. 1999.
14. "New AAP survey will look at systems for managing digital content", Press release from the Association of American Publishers, 21 July 1999.
15. C. Reid: "Not bad: AAP tests e-book copyright encryption", in Publishers Weekly, 5 July 1999, p. 5.
16. International Federation of Musicians, op. cit., p. 158.
1. P. O'Reilly, personal communication to the ILO, 25 Aug. 1999, updating "The implications of multimedia convergence on future skill requirements", in ILO: Final Report, op. cit.
2. The main pre-existing intellectual property Conventions of WIPO, UNESCO and the ILO include: the Paris Convention for the Protection of Industrial Property (Paris Convention); the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention); the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention); and the Treaty on Intellectual Property in respect of Integrated Circuits (IPIC Treaty).
1. ILO: Final Report, op. cit., p. 10.
2. As witnessed by the decision to create Union Network International (UNI) from the merger of the International Graphical Federation, Media and Entertainment International, Communications International and the International Federation of Commercial, Clerical, Professional and Technical Employees (FIET) in late 1999.
3. S. Grumiau: "Life-long learning", in Trade Union World (Brussels, ICFTU), No. 3, Mar. 1998, p. 24.
4. Described in European Graphical Federation: Euro Brief (Brussels), No. 2, 10-1999, pp. 2-4.
5. Background papers for the 3rd MEI Congress, Berlin, 7-8 October 1999, op. cit.
6. See European Graphical Federation, op. cit., pp. 2-4.
7. ILO press release: ILO High-Level Tripartite Regional Symposium on Social Dialogue, Geneva and Addis Ababa, 20 October 1999; and ILO: Decent work and protection for all in Africa, Report of the Director-General to the Ninth African Regional Meeting, Addis Ababa, 20-22 October 1999 (Geneva, 1999), p. 19.
8. P. Leisink: Is innovation a management prerogative? Changing employment relationships, innovative unions (Coventry, Warwick University, Industrial Relations Research Unit, 1993); and idem.: "The wavering innovation of trade union policy: The case of ecological and occupational issues", in P. Leisink, J. van Leemput, J. Vilrokx (eds.): The challenges to trade unions in Europe: Innovation or adaptation (Cheltenham, Edward Elgar, 1996).
9. The information superhighway: What it means for working families (Washington, DC, CWA/Newspaper Guild, 1995).
10. K. van Haaren and D. Hensche (eds.): Multimedia; Die schöne neue Welt auf dem Prüfstand (Hamburg, VSA-Verlag, 1995); and idem.: Arbeit im Multimedia-Zeitalter (Hamburg, VSA-Verlag, 1997).
11. F. Werneke: "Zwischen Bangen und Hoffen", in K. van Haaren and D. Hensche (eds.): Multimedia (Hamburg, VSA-Verlag, 1995), p. 77.
12. P. Leisink: "Convergence and flexibility in the media industries call for a new organizational logic of business and social actors", in The impact of information technologies on publishing and the graphical industry, Unpublished background paper prepared for the ILO, 1999, pp. 24-29.
