The San Diego Pro Chapter of the Society of Professional Journalists wants to thank Assemblymember Lorena Gonzalez for her willingness to listen to our concerns, and those of other freelance journalists, regarding AB 5.
We cannot predict exactly how employers, or the courts, will interpret AB 5 after it goes into effect next year, and many of our members remain concerned over what this bill will mean for them. The final version allows a hiring entity to accept up to 35 submissions per year from a particular freelance contributor. If the hiring entity would like additional content, it must classify the contributor as an employee. Assemblymember Gonzalez agreed to raise this cap from 25, and amended the bill to clarify what constitutes a “submission.”
A submission is: “one or more items or forms of content by a freelance journalist, editor or cartoonist that: (I) pertains to a specific event or topic; (II) is provided for in a contract that defines the scope of the work; (III) is accepted by the publication or company and published or posted for sale.” The bill also states: “Items of content produced on a recurring basis related to a general topic shall be considered separate submissions.”
For freelance still photographers and photojournalists, a submission is: “one or more items or forms of content … that: (I) pertains to a specific event or specific subject; (II) is provided for in a contract that defines the scope of the work; and (III) is accepted by and licensed to the publication or stock photography company and published or posted. Nothing in this section shall prevent a photographer or artist from displaying their work product for sale.”
These are improvements from the bill’s original language, brought about through the work of a coalition of 20 trade organizations that included SD-SPJ. We remain hopeful that as AB 5 is implemented, freelance journalists and photographers will continue to be able to earn a living in California and news organizations will value their work with fair treatment and compensation.