Freelancing and the UFC
Freelancing is not a job. Anyone who has successfully navigated the freelancing field understands that (cliches be damned) it’s a lifestyle. If you choose to pursue a career in freelancing, then you have to accept a life of pick-up-and-run, of peaks-and-valleys and treating every client with the utmost respect and integrity no matter who they are.
And you have to accept how business is done.
Or do you?
Being as this is a “photo” blog, it’s assumed I’m speaking of being a freelance photographer. In reality, I’m speaking of being a freelancer in ANY business. And fighters in the Ultimate Fighting Championship are beginning to experience a bit of the business that freelance photographers have been dealing with for years now. They are freelance fighters, no doubt. For those of you who aren’t UFC fans (despite having trained for many years now in a variety of arts, I am not a fan) you might have missed the story on SI.com yesterday, the UFC has provided a contract to their fighters whereby the fighter relinquishes in perputuity the ability to license their likeness. Now, go back and replace UFC with the name of any right’s grabbing publication and then replace photographer where fighter is and see if it’s not the same exact situation photographer’s have been dealing with.
The UFC’s approach, according to the SI.com report, was to approach one of the top fighters with a licensing contract stipulating that the fighter relinquish the rights to his likeness to the UFC forever. The UFC, it goes to reason, can use the likeness of the fighter in any way (video games, branding, merchandising, advertising etc, etc) without having to get a license from the fighter. And, of course, the fighter can no longer negotiate for himself a fee for another company to use his likeness. Sound familiar?
So the fighter said “no” and the UFC promptly terminated the relationship. And not just the relationship with the fighter, but the relationship with the academy where the fighter trained was also terminated. So the UFC said, in so many words, sign it or you’ll never work with us again. Sound familiar?
I’ve faced this situation as a photographer many times. I always try to find a compromise suitable to my client and myself. However, I have not signed a contract, and will not sign a contract, relinquishing my rights to my photographs. By doing so I would relinquish my right to negotiate fair fees to use my photographs. Why would I ever want to do that? A good percentage of my income is derived from licensing commissions. Yes, I’ve lost clients due to my opposition to unfair contracts.
One day later, SI.com reports that the fighter has indeed decided to sign the contract.
That’s too bad. If enough of the best talent stands up to this type of business bullying and refuses to sign, then the UFC is going to end up with a stable of mediocre talent. Other leagues, perhaps like Affliction, could step up with more fair contracts and draw the best talent into their league, thus forcing UFC to make better offers to compete.
Can anyone imagine a pro athlete in the NBA, NFL, MLB, PGA, NHL or any other pro league signing a contract whereby they lose the ability to negotiate how their image is used? There’s not a chance………
It’s ironic that the fighters won’t fight for their rights, huh?
November 21, 2008 at 10:05 pm
I had no idea the UFC could be so unfair and akward about those rights. If all the big names got togehter and refused to fight untill a deal was settled im sure that rule would change the same day. Im almost certain that fighters will revolt eventually, ounce the sport becomes more popular and mainstream and the fighters are offered advertisements deals for their likeness. I know the UFC tries to takes care of their fighters the best they can, but thats rediculous. Either way its good to know.
November 22, 2008 at 12:40 pm
I believe the main reason why UFC is able to do this, and other sports assoc. aren’t is because of 2 things, Union Representation and Agents with a vested interest in the individual athlete.
The Unions for athletes in the 3 major sports have played a major role in the contract negotiation process and the sports themselves. Major problem you have with athletes like the fighter class, their marketable age is vastly smaller than other sports markets and makes them in a more difficult position.
Nice article though. Suprising how business practices are so comparable. Maybe, if someone figures out one, they can use their means to help others.
November 22, 2008 at 12:58 pm
As a bit of a follow up, here’s a few things worth noting.
First, the underlying reason for any publication or organization to demand licensing rights in exchange for work is simple: They know well that the licensing rights generates substantial income. That is why I insist on retention of those rights and that is why the publications or organizations insist on owning those rights. Let me make sure it’s clear that are plenty of publications who do not work this way.
Secondly, have no doubt that the UFC is completely mainstream and profitable in a way that has surpassed all pay per view boxing matches. Much has been written about the popularity of MMA and particularly the UFC. Sports Illustrated did a cover story, CBS took a fight league into prime time and Showtime is involved. (CBS and their EliteXC went out of business recently). The natural offshoot of such popularity is merchandising. UFC has action figures, licensing agreements with apparel lines, training gear, sports drinks etc, etc.
If the UFC was not wildly popular, there would be no demand for the fighters to sign away their rights to licensing their image. The same can be said about the multitude of top notch, popular magazines and newspapers who demand that their photographers sign away their licensing rights to the images produced. It’s the “bottom line” factor. Money is at stake and the organizations want it. All the freelance fighter/photographer has to do is sign it away.
No thanks………………