Registry No. 1650---13
NATIONAL RECOVERY ADMINISTRATION
PROPOSED CODE OF FAIR COMPETITION
AND PICTORIAL PHOTOGRAPHERS
AS SUBMITTED ON AUGUST 30, 1933
i... r tDO OUR PART
The Code for the
Commercial, Illustrative, and Pictorial Photographers Industry
in its present form merely reflects the proposal of the above-mentioned
industry. and none of the provisions contained therein are
to be regarded as having received the approval of
the National Recovery Administration
as applUin! to this industry
GOVERNMENT PRINTING OFFICE
WABRINGTON : 1933
E or sale by the Superintendent of Documents, Washington, D.C. - Price 5 cents
COMMERCIAL AND ILLUSTRATIVE PHOTOGRAPHERS OF
BRIEF TO ACCOMPANY COMMERCIAL, ILLUSTR`AT`IVE, AND
PICTORIAL PHOTOGRAPHERS' CODE, NATIONAL, IND)US-
TRIAL RECOVERY ACT
Upon presentation of the final approved draft of the Code of Fair
Competition for the Commercial, Illustrative, and Pictorial Photo-
graphic I[ndustry of thze UCnit~ed States there wil also be presented to
the Federal Administrator of the National Industrial RecoveryT Act,
a brief covering the following sections:
I--DEFINITION OF THIE COMlMERCIAQL, ILLUSTRATIVE, AND PICTORIAL
This industry, as covered by the Code, shall be understood to in-
clude all commnercial, illustrative, and pictorIal studios, concerns, and
individuals manufac turingr and selling photographs and/or prints to
others, and shall also include all such private studios and all such
departments operated by State and mIunicipal authorities, and those
studios, concerns, or departments that are subsidiaries of other groups,
partnerships, and corporations.
There will bet covered in this section a brief statistical picture of
the industry covering the number of employees, the approximate total
of sales, and such other data as will serve to show the size of the in-
dustryT and its important position in American Industrial life.
In thiis section there will. be a brief summnary of present conditions
in the industry, stressing unemployment, idle studios, substandards
of wages, and destructive competitive conditions.
IV--PURPO~SE OF THIS CODF .. i
This section w~ill explain in detail how all the conditions in the pre-
vious sections will be directly influenced and improved by this Code;
how the application of the Code wil make possible a higher standard
of photography for advertising ancd thereby increase conlsumption of
the country's manufactured products.
V--PLaN or ORGANIZATION
That the various Comlmercial, Illustrative, and Pict.orial hotog-
raphers' Associations already functioning throughout the United
States shall be utilized for the purpose of effectuating the objectives
of the National Industrial Recovery Act within this industry and
that the Commrercial and Illustrative Photographers of America As-
sociation be designated as the Na~tional Association to coordinate the
9148--33 r 1
efforts of the various Commercial, Illustrative, and Pictoria~l Photog-
rapher~s' Associations, the Industry, and the Governmient in achieving
the objectives of the Act. The autonomy of t~he present. Associa tions,
or of newr Associations is guaranteed.
That for t~he purpose of administering a Code of Fair Competition
for the industry according to the particular interests of the several
sections of the country, certain zones be established.
That a National Executive Committee of ____members, com-
posed of representatives from each of the administrative zones, be
appointed for the purpose of administering the Code of Fair Com-
pe ti tion .
Thnat each zone be entitled to one member of the said National
That t.he Nat~ional Executive Committee shall appoint. from within
its mlembership or from without, a ~Lcommittee of three to be known
as. a National Conztrol Commit~tee, whose power and authority shall
be deleg~t~ed by the Nat.ional Executive Committee in order that the
National Control Comnmit~tee shall serve as the contact committee
wsith t~he Fedieral A~dminist~rator.
Ai Zone Executive Commnit~tee shall be formed within each zone for
the purpose of administering the a affairs of the zone under the guidance
of the National Executive Commlittee and the Federal Administrator.
Its members shall be bonded to secrecy to prevent, divrulgaing informa-
tion secured under Art~icle VI[, Clause N.
That by agreement of the local Associa~tions effec ted, each zone may
be subdivided ~terrIitorially or by trade divisions in order to w.orki out
the most p~ract~ical method for administering the Code of Fair Com-
petition within the zone.
PERCENTAGEA. OF INDUSTRY SUPPORTING THE CODE
This section shall cont.alin a full statement of t~he trade organizations
which have given their approval to the Code, their total membership
in concerns by sales volume, by number of employees, and by geo-
graphical divisions, and any other facts and data which are necessary
to convince. the F~ederal Administrator that this Code has the support
of a -very substantial majority of the industry.
TENTATIVE CODE OF FAIR COMPETITION FOR THE
COWMMEIRCI[AL, I;ILLUSTRATIVE, AND PICTORIAL- PHOTO-
It is the declared purpose of the comm~er~cial, illustrative, and pic-
torial photographic inldustry, in adopting this Code, to increisel e~m-
ployment, establish fair and adequate minimum wages and maximum
hours of labor, eliminate com~npetit~ivet prneltices destructive of the in-
terests of the pubic, employees, anld employers, increase the conlsumlp-
tion of industrial and agricufllrturl products t~hr~ough thze increase of
purchasing power, and in other ways rest~ore~ and malintain the highest
practical degree of public welfare.
Commercial, illustrative, and pictorial photogrlAphy, as defined by
this Code, shall be understood to comlprise~ the production and, sale to
others of photographic~ reproductions an71d/or prints in one? or more
colors of properties, real or personal, comlmodit~ies, goods, ch~attels,
legal a~nd other documents, official and private records, scenes, views,
interiors, exteriors, groups of persons; animate. and/or inanima~te sub-
.jects, living models and persons for reproduction and/or any comm-
merciall use; th2e production of all photographs used in1 newspapejr,
magazine, or direct mlail advertising or publicity; photogr~aphs for
advertising displays, sales campaigns, catalogs, booklets, and any or
all other advertisingo and pubhlicity; eduentiona~l and projected pho-
togr~aphy for visual purposes; scientific~ and technical photographs;
copies and enlargements; and any and all photogorap)hic work that
may be reqiuiredl or ulsed' in trade atnd commerce and/or thce process of
manufacturing, exclusiv-e of motion pictures.
Also included in this industry is the production of photographs
given directly or indirectly in consideration of other business, good
will, or other gain.
ARTICLE II1-A/NIMUTJM 'SCAGES AND RfAXIMUM HEounS
..On and after the effective date of this Code the minimum wages
that shall be paid all mechanical employees,- including proprietors,
supervisors, and foreen. doing mechanical work ini the, commercial,
ilh~ist~rat~ive, and pictorial photographic industry, shall be as followss:
Unskilled labor, exclusive of learners and beginners, 37%~ cents per
A. The regular hours of employment shall not exceed forty (40)
hours per week, ex-cept.in case of necessity, arising from an. emergency
or from the character of the wrork, or from the inability to obtain
competent labor, permission may be granted by the Z7one Executive
Committee to modify these hours, provided that the Zone Executive
Committee w\ill make certain that no employee will work more than
1,040 hours in any six months, except that in special contingency or
contingencies of unusual demand on the services of specially qualified
employees, permission may be granted through the Zone Executive
Commiittee that such employees may severally exceed the above-
mentioned hours by not more than 72 hours in any six months.
It is understood that. employees and/or owners engaged i~n executive
or supervisory capacity are exempt from limitations of Article III.
BE. As------------------- required by Sect~ion 7i (a) of Title 1 of the National Industria~l
Recovery AcXXXX______~~~~t. he following provisions are accepted and adopted as
conditions of this Code.
1. That employees shall have the right to organize a~nd bargain
collectively through representatives of their own choosing, and shall
be free from interference, restraint, or coercion of employers of labor,
or their agents, in the designation of such representatives or in self-
organizat~ion, or in other concerted activities for the purpose of col-
lective bargaining or other mlutual aid or protection.
2. That no employee and no one seeking employment. shall be re-
quired as a. condition of employment, to join any company union or
to re rain from jollung, organizing, or assisting a labor orga.mization
of his own choosing.
3. Thzat employers shall complyrrrrrrrrrrrrrrrrr wit~h t~he maximum hours of labor,
minimum ratio of pay, and other conditions of employment, approved
and prescribed by the President.
4. It is clearly understood that, the foregoing paragraphs do not
imp air tin any particular t~he constitutional rigaht.s of the employee
ademployer to bargain individually or collectively as me.y be mu-
tually satisfactory to them; nor does it impair the joint right of
emlployer and emnployee to operate an open shop.
5. Nothing in this Code is to prevent the selection, retention, and
advancement of employees on the basis of their individual merit,
without regard to their affliat~ion or nonaffiliat~ion with any organiza-
C. Nio person, firm, or corporation engaged in this industry shall
employ any person of less than sixteen years of age.
A. To enable this industry, which is composed of many small con-
cerns, to carry out, the provisions of this code it is essential that each
concern be registered, and the commercial, illustrative, and pictorial-
phot~ographic industry urgently requests the Federal Administrator
t~o require the registration of the entire industry.
B. The National Executive Committee shall register each com-
mercial, illustrative, and pictorial photographer in the United Sta~tes
through the Zone Executive Comm~ittee and issue certificate of regis-
C. Certificates of registration shall be numbered serially and the
Zone Executive Committee shall keep a record of the name and ad-
dress of the person, firm, or corporation, together with the number of
each certificate, and shall forward this information promptly to the
N national' Execu tive Commit~tee. The certificate shall be the property
of the National Executive Committee, and in case a registered firm
retires from business, fails, consolidates, or has its certificate revoked,
the Zone Execuitive Comm~ittee shall immediately take possessidan of
such certificate and return it to the N~ational Executive Committee.
D. Every mian operating a camera outside of a studio shall be
required t~do carryr an identification card bear~ingv his name anrd thfe
name and registration number of the firm or indlividlual by whom he
is employed. Such card must be shown on request..
E. No restrictions shall be placed uponl registration except:
1. That. each applicant shall sigrnify his acceptance of the conditions
set forth in this Code by affixing his signature thereto.
2. And that the services of each. applicant, be ava~ilabhle to the public
during regular business hours.
F. A registration fee shall be charged to coverI th~e cost of clerical
work and the policing of the industry.
Gr. The fact. and spirit of the Code shall be enfor~ced b~y the Zlone
Executive Commit tee and offenders punished by fine which' shall be
sufeietlylarge to make it unprofitable for the offen~der to violate
any setiplation of this Code. In case of repeatedly offense, certificate
of registrar tion may be revok~ed. Hearings of charges of violation
shall be held before a judiciary c~ommit~tee. TPhus shall the Code be
enforced within the zone to avoid necessity of appeal to ]Federal lawc
under the Act.
ARTICLE V--STABILIZATION OF COSTS
On anld after the effective date of this Code the following practices
shall be adhered to in stabilizing costs.
A. All commercial, illustrative, and pictorial photographers in each
zone shall be required to install and maintain accurate cost and ac-
count~ing systems and records acceptable to the Zone Executiv~e
Committee and subject to the inspection of an authorized representa-
tive of the Zone Executive Committee.
B3. For a period of six months and pending the establishment of
individual costs, each Zone Execut~ive Committee shall be empowered
an~d directed to establish costs for the various products and services
sold to others, said costs to be based upon w~hat t~he committee shall
find to be approximate actual cost within that zone of ~any subdivisions
C. At the expiration of six months the National Executive Com-
mittee shall propose a plan for a national stabilization of costs, based
upon the costs, experience, etc., of the first six months' operation
under this Code.
D. The Zone Execut~ive Comlmittee shall file with the National
Executive Committee, who in turn shall file a copy thereof with the
Federal Aidministrator, its plan of stabilization of costs.
ARTICLE VI--TRADE AND PRACTICE RULES
A. Certi~fi~ed Reports.-Each commercial, illustrative, and pictorial
photographic studio shal~l furnish duly certified reports in substance.
as follows and upon such form as t~he National Executive. Commrritltee
may require:-R~eturns at the discretion of thie National Executive
Committee, or of the Zione Exuecutive Committee, showing actual
hours of w'ork of al mechranical employees, including proprietors,
suipervrisors, foremen, and others doing mechanical work and actual
weekly rates of pay and total wages. Failure to furnish such reports
shall constitute a violation of this Code.
C. Registsration .-Engfaging in the business of commercial, illus-
trative, and pictorial photography, as defined in this Code, without
first having registered or engaging in the business after a certificate
of registration has been revoked or retired, shall constitute a violation
of this Code.
D. Registration Number~s.--Failure to place, stamp, or otherwise
mark the registration number of the manufacturing photographer
upon each print or other photographic production sold to others shall
constitute a violation of this Code.
E. t'ae ad wrkig cndiion, provided they do not conflict with
this Code, shall be determined localyo yec oeognzto
so as to establish proper uniforms standards in each competitive dis-
trict andt violations of any of the wage and working conditions as so
determined, shall constitute a violation of this Code.
F. Secret Hebates.--The secret payment or allowance of rebates,
commissions, credits, or unearned discounts, whether in the form of
money or otherwise, or secretly extending to certain purchasers special
services or privileges not. extended to all purchasers under like terms
or conditions shall constitute a violation of this Code.
G. Friaudulenzl t and Decept ile Pra ct ices.-1\ lislea ding or deceiving
customers with respect to the quantity, quality, grade, or substance
of stock or other elements ent~eringa into the completed work shall
constitute a violation of this Code.
H. Dec 1 rfamton~ of Comipetitor~s.-Tlhe defamna tion of compe titors by
falsely imputing: to theml dishonorable conduct, inability to perform
contracts, questionable credit standing, or by other false statements
or representations, or by false disparagement. of t~he grade or quality
of their product wit~h tihe purpose o-f miisleading or deceivigr purchaser
or of injuriously affecting the business of such competitors shall
constitute. a vTiola tio~n of this Code.
I. Brealch~ of Contrract.--Any attempt to avoid cont~ractural obliga-
it~ions r mlcio u rrl sl inducing or at tempting to induce t~he breach of
exstn cotat between competitors and their customers by any
fazlse or~r deceptive means whatsoever, or interfering with or obstruct-
ing the performance of any sulch contractural duties or services by
any such m~eans, with the purpose of unduly hampering, injuring, or
embarrassing competitors in their business shall constitute a violation
of this Code.
J. CommIer~cial BErpibery.-Direc tly or indirec tly to give or permit to
be given or offer to give money- or anythiing of value to agents, em-
ployees, or representatives of customers or prospective customers or
to agents, employees, or representatives of competitors' customers or
prospective customers, or principals, as an mdc-ucemnent to influence
their employveesor principals -to, purchase or contract to purchase
photogaraphic or other commodities fr~om the ma.ker of such gift or
offer, or t~o influence such employees or principals to refrain from
dealing or contracting to deal with competitors shall constitute a
violation of this Code.
Kt. Comnpetitors' Emnployees. --\faliciously enticing away the em-
ployees of competitors with t~he purpose and etfect of unduly hamper-
ing, injuring, or emnbarassing competitors in their business shall
constitute a. violation of this Code.
L. P~irati~ng.-Pirlt~ing~ photographs, ideas, designs, sketches, dum-
mies, photographic prints or copy of any product t~hat has been sub-
mitted t.o a. prospective customer by a competitor shall constitute a
violation of th2is Code.
MI. False Recordcs.-W~l fully maRin t aininlg an inaccu rate, improper,
or false method of dletermiining cost shall conzstitutet a violation of
N. Specifcationis anzd Prices.- Wh"~len an unsuccessfful bidder feels
that the successful bidder has quoted an uunfir price, he may demannd
that the successful bidder shall show the specifications, costs, and
prices of the order to the Zone Committee or its representative, who
shall determine whether any infraction of the Code has been com-
mitted. The Zlone Commnittee or its representative shall have
authority to obtain from. other bidders all information they shall have
concerning the wocrk, and their negotiations concerning same. All
~quotationsj and contracts must be confirmed in writing and a copy
kept onz file for at least one year. FEailure to furnish such inJformationr
shall const~itut~e a violation of this Code.
O. D~iscountii s.--Thet allowance of any discount except the customanry
two per cent cash discount onl accounts paid on or before the agreed
day of month following date of invoice shall constitute a violation of
P. Special Prices.-The offering of special prices or privileges not
offered to all customers and prospective customers under like condi-
tions shall constitute a violation oif this Code.
Q.Free Photographs.-G-riving or offering to give free photographs
an/r prints to secure other business of any kind or in considerationl
of credit line shall constitute a violation of this Code.
Rt. F~a udutlent A~dvertising.~- To publish or otherwise use misleading
advertising of any nature shall constitute a violation of this Code.
S. Copying Proofs.--To copy proof or proofs made, by any other
photographer whenr it is evident because of markig or other reason
that they are such constitutes a violation of this Code.
T. Copyilng Photogmnraps.Copying the original photographs of
another photographer in the same, zone without reasonable assurance
that such originals have been fully :paid for and released* shall conr-
stitute a violation of this Code.
A. Such of the provisions of this Code as are not required to be
included therein by the National Industral Recovery Act may, with
the approval of the. President, be modified or eliminated if it appears
that the public needs are not being served thereby and as changes in
circumstances or experience may indicate. They shall remain in
effect unless and until so modified or eliminated or until fthe expira tion
of the Act. It is-contemlplated that from time to time supplementary
provisions to this Code or additional codes will be submitted for the
approval of the President to prevent unfair competition in price and
other unfair and destructive competitive practices and to effectuate
the other purposes and policies of Title 1 of the Nat~ional Industrial
RecoveryF Act and which shall not conflict with the provisions hereof.
B. If any provision of this code is declared invalid or unenforceable,
the remaining provisions shall nevertheless continue in full force and
effect the samle as if they had been separately presented for approval
and approved by the President.
COMMnERCIAL AND ILLUSTRATIVE
PHOTOGRAPHERS' CODE COMMITTEE,
800 M~arqurette Building, Detroit, Miichigan.
UNIVERSITY OF FLORIDA
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3 1262 08728 5895