House of Lords Communications and Digital Select Committee inquiry “A creative future”
We are delighted to be contributing to the Communications and Digital Committee inquiry into the future of the UK’s creative industries, and are happy to answer any further questions.
About the AOP
The Association of Photographers (AOP) exists to protect, promote and inspire, championing and campaigning tirelessly on issues of copyright, best practice, and quality. Our 3500 members include photographers, photographic assistants, students, affiliated colleges, affiliated businesses, photography agents, and those working in support services for the creative industries.
The AOP membership has always been formed of some of the most influential, trailblazing photographers in the history of the art form. Past and present members include the likes of Terrance Donovan, Rankin, Tim Flach, Nadav Kander, Tessa Traeger, David Bailey, Julia Fullerton-Batten and
Jillian Edelstein. For over 50 years, members’ work has appeared in global advertising campaigns, books, newspapers, magazines, exhibitions and cultural events the world over. Our renowned AOP Photography Awards, held its 37th Awards only recently, gaining coverage across a wide range of publications, showcasing the very best in professional photography.
The AOP has always recognised the many pressures photographers face, particularly in their professional practice, and in 1994 published the first edition of Beyond the Lens – a ‘gold standard’ guide to rights, ethics, and business practice in professional photography (now in its 4th edition).
Today, whilst our photographer members explore the new realms of image technology at their disposal, the Association continues its mission to promote and protect the rights of individuals, which includes working closely with Government departments such as the Intellectual Property Office, APPGs, a wide range of visual arts and creative industry representative organisations, such as the British Copyright Council and Creators Rights Alliance, amongst others, and importantly providing support to the next generation of photographers and image-makers through our close relationship with a number of universities.
Questions
1. Which areas of the creative industries face the greatest potential for disruption and change in the next 5–10 years, and what impact could this have?
Since the invention of photography, which was seen as a scientific discovery, those who have chosen a career as a professional photographer for both still and moving images, have always looked towards technological advancements to improve the delivery of their craft. The move from analogue to digital and the use of software tools has revolutionised how photographers present the world through their eyes. These days our photographers are exploring ways to shoot commissioned work using immersive technology like Virtual Reality (VR) and Augmented Reality (AR), as well as expanding the use of drones, AI-assisted tools for reworking images, and more recently exploring and understanding how to assign NFTs in the digital world. These inevitably require investing in new skills, equipment and software to be at the cutting edge. In addition, photographers are increasingly no longer just producing stills photographs but are now producing short-form films or videos.
With the onset of the new AI strategy presented by the Government, which has the opportunity to include photographers and image-makers in the drive to push forward with innovative and creative progression, we find that our hands are being tied with a parallel proposal by Government to introduce new legislation for Text and Data Mining to expand the scope for commercial use. Without doubt this has the greatest potential for disruption by removing copyright as a safeguard for creators and rights holders that utilise this 'right to copy' to both protect their creative investment and provide an economically rewarding career path. For professional photographers the opportunity to diversify in how they license the images they create is essential to the longevity of their careers.
We believe introducing this ‘exception’ to copyright will undermine the image industry and investment in human endeavour and we are already seeing the manifestations of AI-generated content utilising images without recompensing creator rightsholders and without changing the current copyright framework.
It is fair to say copyright is the lifeblood of protecting any creative work, and for creators to exploit their own creations they need to be able to license, from this they can reinvest. Investment in studio settings, the latest equipment and software, along with assistants and production teams, and importantly skilling up, is vital to delivering on commissioned briefs for advertising, corporate, editorial clients and public bodies, and with that the opportunity to extend licensing the images they create. Taking away any licensing opportunity for text and data mining is cutting off the potential to be part of the UK's AI strategy, causing an economic disruption to a symbiotic relationship the UK has always had between creativity and technology.
a) What changes are expected in the way creative/cultural content is produced; the way audiences are engaged (for example through digital or immersive experiences); and the way business models operate?
Creators are unique in the way they interpret the world around them; photographers have always had a strong propensity to visualise this and excel at it. Our own history of photography has seen some of the most extraordinarily produced images, and our photographers constantly push the boundaries with how subjects can be photographed which continue to inspire and create awe. They also diversify in the images they produce for both still and moving images and the type of products they are used for. A photographer can undertake a multitude of different skills - from production to art directing to AI-assisted creations.
Currently, our unique eye is a human one we understand and enjoy, we are immersed in imagery all around us. Changes in the way images are produced are already being tested with the emergence of AI-generated images, and this is likely to increase - however the effect on how we, as an audience, view images needs to be considered - will we value or trust them as much if they are not photographed by people, how do we protect whether a photograph is real or fake? It is vital that we consider creative human endeavour and provide resources to up-skill, either as part of the initial education pathway or revisiting via adult education routes. The UK has demonstrated how well, we as a nation, create incredible creative works, hence contributing 6% to the UK economy, and we need to continue to invest in our creative human output through creative university courses and arts funding in general.
Creative courses provide essential funding needed for other types of courses delivered by universities, such as the sciences - there is far more of a symbiotic relationship between arts and science which the Government should recognise and champion. Speaking with tutors from some of the photography graduation shows we attended this year demonstrated the desire for more support to provide new technology skills to those on higher education courses.
For the image industry, business models work on a chain of rights, starting with the creator (photographer) who grants rights to commissioners, who in turn may grant rights to third parties, and so on, until the end product reaches an audience. This is an extremely effective way of ensuring everyone in the chain receives remuneration and can reinvest in new skills and technologies.
Investment is included in every stage, with rights granted accordingly and remuneration provided for reinvestment.
2. What skills will be required to meet these emerging opportunities and challenges?
With an increasing demand for VR, AR and drone footage, there is an increasing need to provide creative courses with additional modules that include these new immersive technologies. We have the baseline structure with the range of image-led courses (e.g., BA Hon and MA Hons in Photography) already provided by universities across the UK, which are in high demand, it is clear that we need to see further investment in providing new creative technology modules added to these courses - in addition, we also need government to have a better understanding of the connection between new tech and creative educational courses.
3. What actions are needed from the Government and local authorities to ensure there is an appropriate talent pipeline equipped with these skills?
We would advocate mapping out clear pathways that show the connection between creative educational courses and where these lead to advancements in technology. There has been too much emphasis on STEM subjects alone for the past decade and there is a golden opportunity to recognise that it is the combination of creativity and the sciences (which includes technology) that the UK out- rivals many other countries. Home-grown creative industries like photography and film need to be recognised not merely for entertainment but for innovation and growth. Mapping out pathways that support higher education options from secondary education into professional careers would be a start, alongside supporting those seeking to up-skill in immersive technologies.
a) How can this be sufficiently flexible to take account of the pace of change in the sector?
The universities we have contact with seem very adaptive and quickly able to accommodate their course to suit the demands, with many higher-ed courses working on a 3-year course, meaning they can introduce new modules and equipment (if funded or supported) relativity quickly. In addition, connecting universities with trade organisations and technology hardware and software companies can provide pathways into professional practice.
4. What actions are needed from industry to support the talent pipeline development?
Fundamentally it is about providing a wider range of networking opportunities that includes those for the photography sector - all too often support is provided to the film industry (who produced long-form works), and not to the photography sector (who are increasingly producing short-form works).
a) What actions are needed from organisations in the creative industries to prepare for and accommodate the requirements of the future workforce?
As a trade association it is our responsibility to be prepared to support the requirements of the future workforce, currently we do this through collaboration with universities. However, it is only one side of the equation, as we need to work with new tech companies, we need better provisions to connect with the tech sector that provides hardware and software for the creative industries, particularly as it is often difficult to source UK-based entities. There also needs to be consideration on the part of investors to provide investment that retains creators' independence and copyright ownership in order to futureproof interest in creative career paths.
5. What role do innovation and research & development play in addressing the challenges facing the creative industries?
Arguably a significant role, as a lot of focus has been towards other sectors, without recognising the huge contribution the creative industries provide to the UK economy.
a) What actions are needed from the Government, funding bodies and sector organisations to support innovation, and research & development?
Again, arguably the Government and funding bodies could be doing far more than the current situation provides. A new strategic approach to understanding the connection between both technological innovation and creative innovation is crucial to continuing the success story of the UK's creative sector and we would recommend this as a good starting point. As suggested in previous responses above, better networking, supporting universities that are already providing creative- subject courses, and connecting trade organisations, like ourselves, with tech companies and investors to work together to assist with up-skilling our pool of creative talent.
6. How effective are the Government’s existing strategies at supporting the creative industries to meet the challenges and opportunities ahead?
The Creative Industries Sector Deal (2018,) was a good starting point, however we saw little of the deal filter down to the photography sector, despite the fact that our sector is engaging with new immersive technologies to meet increasing demands, and it seems to have petered out.
7. What lessons can the UK’s creative industries learn from other countries, and other sectors?
It's firstly important to state that the UK is a net exporter of creative content, in comparison to other countries in the world - we have a cohort of photographers who work internationally, with some exhibiting simultaneously in various parts of the world or working on global brands.
There is often a comparison made with the US approach to funding, where investment in both new technology and creativity go hand in hand. We also see support in countries like France and Germany that recognise the strong relationship with tech and creative enterprise - where both investment in development and audience markets are prevalent, although they do not produce as much creative content as the UK nor attract as much global interest in what they produce. The barriers we face here tend to be on the perception of the creative industries and our contribution to the economy and how we utilise technology to produce cutting edge creative works - there needs to be far greater emphasis and understanding that we have a large and extraordinarily talented creative workforce that needs to be supported and invested in, as well as retaining our gold standard copyright framework to protect our creative investment.
2 September 2022
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