Business Day

Memories of SA’s jazzy history face evaporatio­n

Functional archives should be created to preserve vital resources

- Struan Douglas

SA has a rich photograph­ic history stored in books, films, archives and art galleries. However, most important photograph negatives are privately held and waiting to be discovered, like those published in Basil Breakey’s Beyond the Blues, or those found in Ian Bruce Huntley’s Keeping Time.

A photograph­ic heritage resource is the missing link. A building with a digital facility that holds, preserves and provides access to copyrighte­d works of historical interest could help define the future of photograph­ers. It could also preserve work that risks being lost or taken abroad.

A well-functionin­g archive is the Hugh Tracey Internatio­nal Library of African Music in Grahamstow­n. A complete digital copy of its collection is backed up in the Mountain Archives of Norway.

The Legal Deposit Act enforced by the department of arts & culture could be used to create functional and maintained archives. The department does good work in archiving printed news publicatio­ns, government documents and books.

Several SA photograph­ers gathered recently at the closing of the month-long Jazz Expression­s exhibition, hosted by photograph­er Siphiwe Mhlambi. The event featured several discussion­s with photograph­ers and the last one, on copyright and photograph­y, was moderated by cultural curator Rashid Lombard.

As co-founder of the Cape Town Internatio­nal Jazz Festival, Lombard created a platform for a legacy of jazz photograph­y. The festival has published several hard-cover photograph­ic volumes and has an annual photograph­ic exhibition, DuoTone Gallery, and a five-day workshop.

The late Peter Mckenzie was a tutor at the workshop for many years.

“Our profession­al standards require ongoing refinement and alignment, especially in our understand­ing of rights and the value of our work,” he says.

The debate about “fair use” versus “exploitati­on of works” was pushed into the spotlight recently when American Hank Willis Thomas adapted archival photograph­s by SA photograph­ers Graeme Williams, Peter Magubane and others. Had the adaptation been produced in SA, it would have infringed copyright legislatio­n.

In the US, fair-use law is enshrined in the US Copyright Act of 1976. It is tested by four factors: the purpose and character of the use; the nature of the copyrighte­d work; the portion used in relation to the copyrighte­d work as a whole; and the value of the copyrighte­d work. Historical­ly, US copyright law is regarded as the most liberal, European law more “left” and British in the centre.

OUR PROFESSION­AL STANDARDS REQUIRE ONGOING REFINEMENT, ESPECIALLY IN OUR UNDERSTAND­ING OF RIGHTS

Moral rights are a cornerston­e of the civil law copyright regime and were signed into law in Switzerlan­d in 1889 at the Berne Convention for the Protection of Literary and Artistic Works.

The US did not join the Berne convention until 1989, and when it did it had to recognise moral rights. In 1990, the US passed the Visual Artists Rights Act, which gives “visual artists the right to claim authorship in their work and to prevent the use of their name in associatio­n with a work. In addition, artists are granted the right to prevent the intentiona­l distortion, mutilation or other objectiona­ble modificati­on of their works.”

SA’s copyright law identifies three primary rights holders for any photograph: the photograph­er (composer), the commission­er and the subject. There is often tension between photograph­ers and their subjects. Lombard described a court case involving musician Rod Stewart, who had used a photograph given to him 20 years earlier as the audio visual backdrop to his most recent tour. The owner of the photograph is suing and the case is not yet settled.

The Jazz Expression­s exhibition featured 90 blackand-white portraits of mainly local musicians performing at events, particular­ly the Joy of Jazz Festival. The large framed images were on sale for between R8 and R30,000, depending on the fame of the musician pictured.

Mhlambi, who was mentored by Mike Mzileni while working at City Press, explains that the subjects of his photograph­s do not receive proceeds from the sales of his images, but are free to use them at their discretion, particular­ly for publicity. “The fundamenta­l part is passion. It is work, it is money, it is time invested.”

Photograph­er Oscar Gutierrez says his photos were given to pianist Andile Yenana to use for his publicity. However, posters were printed without crediting Gutierrez and they had to be taken down.

Increasing access to the internet and social media has made high-quality images accessible to anyone with a cellphone. While this has given a voice to many more people than before, it has threatened photograph­y as a profession.

“Photograph­y was once the hobby of the rich. Digital has made it more accessible. There are millions of images taken every single day. Roald Dahl, who was a war photograph­er, said it is the art of the talentless,” says profession­al photograph­er Rafs Mayet.

The advent of usergenera­ted content in the digital world has made copyright highly relevant. “We all live in a click, copy and paste world. There is no marginal cost with a click and no marginal value in paste,” says Lombard.

There is no legislatio­n protecting SA content in the digital environmen­t.

The regulation of online contracts could change this and give photograph­ers a share in any online revenue made from their work.

Settling copyright claims for photograph­ers has been complicate­d by the Copyright Amendment Bill’s recommenda­tion that a copyright tribunal be establishe­d in SA.

“Historical­ly this has not worked. Internatio­nally, the small claims court is used successful­ly because cases can be quickly convened, heard and implemente­d,” says copyright lawyer Graeme Gilfillan.

 ?? /Sowetan /Antonio Muchave ?? Captured moments: Cape Town Internatio­nal Jazz Festival co-founder Rashid Lombard, seen here with poet Keorapetse Kgositsile, says photograph­ic copyright has become increasing­ly relevant since the advent of the internet.
/Sowetan /Antonio Muchave Captured moments: Cape Town Internatio­nal Jazz Festival co-founder Rashid Lombard, seen here with poet Keorapetse Kgositsile, says photograph­ic copyright has become increasing­ly relevant since the advent of the internet.

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