Registry No. 1650-13 

NATIONAL RECOVERY ADMINISTRA'l'lON 

PROPOSED CODE OF FAIR COMPETITION 

FOR THE 

COMMERCIAL, ILLUSTRATIVE 

AND PICTORIAL PHOTOGRAPHERS 

INDUSTRY 

AS SUBMITTED ON AUGUST 30, 1933 

WE DO OUR PART 

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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 applying to this industry 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

For sale by the Superintendent of Documents, Washington, D.C. - - - - • - - - Price 5 cents 

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SUBMITTED BY 

. COMMERCIAL AND ILLUSTRATIVE PHOTOGRAPHERS OF 

AMERICA 

(II) 

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BRIEF TO ACCOMPANY COMMERCIAL, ILLUSTRATIVE, AND 

PICTORIAL PHOTOGRAPHERS' CODE, NATIONAL INDUSTRIAL RECOVERY ACT 

Upon presentation of the final approved draft of the Code of Fair 

Competition for the Commercial, Illustrative, and Pictorial Photographic Industry of the United States there will also be presented to 

the Federal Administrator of the National Industrial Recovery Act, 

a brief covering the following sections: 

I-DEFINITION OF THE COMMERCIAL, ILLUSTRATIVE, AND PICTORIAL 

PHOTOGRAPHIC INDUSTRY 

This industry, as covered by the Code, shall be understood to include all commercial, illustrative, and pictorial studios, concerns, and 

individuals manufacturing and selling photographs and/or prints to 

others, and shall also include all such private studios and all such 

departments operated by State and municipal authorities, and those 

studios, concerns, or departments that are subsidiaries of other groups, 

partnerships, and corporations. 

II--STATISTICAL SURVEY 

There will be 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 industry and its important position in American Industrial life. 

III-PRESENT CONDITIONS 

In this section there will be a brief summary of present conditions 

in the industry, stressing unemployment, idle studios, substandards 

of wages, and destructive competitive conditions. 

IV-PURPOSE OF THIS CODE 

This section will explain in detail how all the conditions in the previous sections will be directly influenced and improved by this Code; 

how the application of the Code will make possible a higher standard 

of photography for advertising and thereby increase consumption of 

the country's manufactured products. 

V-PLAN OF ORGANIZATION 

That the various Commercial, Illustrative, and Pictorial hotographers' 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 Commercial and Illustrative Photographers of America Association be designated as the National Association to coordinate the 

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efforts of the various Commercial, Illustrative, and Pictorial Photographers' Associations, the Industry, and the Government in achieving 

the objectives of the Act. The autonon1y of the present Associations, 

or of new Associations is guaranteed. 

Tha t for the 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 Na tional Executive Committee of ______ members, composed of representatives from each of the administrative zones, be 

appointed for the purpose of administering the Code of Fair Competition. 

Tha t each zone be entitled to one men1ber of the said National 

Executive Committee. 

That the National Executive Committee shall appoint from within 

its nrnmbership or from without, a committee of three to be known 

as a National Control Committee, whose power and authority shall 

be delegated by the National Executive Committee in order that the 

National Control Committee shall serve as the contact committee 

with the Federal Administrator. 

A Zone Executive Committee ·shall be formed within each zone for 

the purpose of administering the affairs of the zone under the guidance 

of the National Executive Committee and the Federal Administrator. 

Its men1bers shall be bonded to secrecy to prevent divulging information secured under Article VI, Clause N. 

That by agreement of the local Associations effected, each zone may 

be subdivided territorially or by trade divisions in order to work out 

the most practical method for administering the Code of Fair Competition within the zone. 

VI-PERCENTAGE OF INDUSTRY SUPPORTING THE CODE 

This section shall contain a full statenrnnt of the trade organizations 

which have given their approval to the Code, their total n1embership 

in concerns by sales volume, by number of employees, and by geographical divisions, and any other facts and data which are necessary 

to convince the Federal Administrator that this Code has the support 

of a very substantial majority of the industry. 

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TENTATIVE CODE OF FAIR COMPETITION FOR THE 

COMMERCIAL, ILLUSTRATIVE, AND PICTORIAL PHOTOGRAPHIC INDUSTRY 

ARTI CLE I-PURPOSE 

It is the declared purpose of the commercial, illustrative, and pictorial photographic indu try, in adopting this Code, to increase em- ployment, establish fair and adequate minimum wages and n1aximum 

hours of labor, eliminat competitive pr ctices destructiYe of the interests of the public, employee , and einployers, increase the consumption of industrial and agriculturn.l products through the increase of 

purchasing power, and in other ·ways restore and maintain the highe t 

practical degree of public welfare. 

ARTICLE II-DEFI IITIO~ 

Commercial, illustrati,Te, and pictorial photography, as defined by 

this Code, shall be understood to comprise the production and sale to 

others of photographic reproductions and/or prints in one or more 

colors of properties, real or per onal, commodities, goods, chattels, 

legal and other documents, official and private records, scenes, -views, 

interiors, exteriors, groups of persons; animate and/or inanimate subjects, living models and persons for reproduction and/or a.ny commercial u e; the production of all photographs used in newspaper, 

magazine, or direct mail adverti ing or publicity; photographs for 

advertising displays, sales campaigns, catalogs, booklets, and any or 

all other advertising and publicity; educRtional and projected photography for visual purposes; scientific and technical photographs; 

copies and enlargements; and any and all photographic work that 

n1ay be required or used in trade and commerce and/or the process of 

manufacturing, exclusj,e of 1notion 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 III-Mr IMUM WAGES A D 1AXIMUM HouRs 

On and after the effective date of this Code the minimum wages 

that shall be paid all mechanical employees, including proprietors, 

supervisors, and foremen doing mechanical work in the commercial, 

illustrative, and pictorial photographic industry, shall be as follows: 

Unskilled labor, exclusive of learners and beginners, 37}~ cents per 

hour. 

A. The regular hours of employment shall not exceed forty (40) 

hours per week, except in case of necessity, arising from an emergency 

or from the character of the work, or· from the inability to obtain 

competent labor, permission may be granted by the Zone Executive 

Committee to modify these hours, provided that the Zone Executive 

Committee will make certain that no employee will work more than 

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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 

Committee that such employees may severally exceed the abovementioned hours by not more than 72 hours in any six months. 

It is understood that employees and/or owners engaged in executive 

or supervisory capacity are exempt from limitations of Article III. 

Clause A. 

B. As required by Section 7 (a) of Title 1 of the National Industrial 

Recovery Act, the following provisions are accepted and adopted as 

conditions of this Code. 

1. That employees shall have the right to organize and 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 selforganization, or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. 

2. That no employee and no one seeking employment shall be required as .a condition of employment to join any company union or 

to refrain from joining, organizing, or assisting a. labor organization 

of his own choosing. 

3. That employers shall comply with the 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 

impair in any particular the constitutional rights of the employee 

and employer to bargain individually or collectively as may be mutually satisfactory to them; nor does it impair the joint right of 

employer and employee 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 affiliation or nonaffiliation with any organization. 

C. No person, firm, or corporation engaged in this industry shall 

employ any person of less than sixteen years of age. 

ARTICLE IV-REGISTRATION 

A. To enable this industry, which is composed of many small concerns, to carry out the provisions of this code it is essential that each 

concern be registered, and the commercial, illustrative, and pictorialphotographic industry urgently requests the Federal Administrator 

to require the registration of the entire industry. 

B. The National Executive Committee shall register each commercial, illustrative, and pictorial photographer in the United States 

through the Zone Executive Committee and issue certificate of registration. 

C. Certificates of registration shall be numbered serially and the 

Zone Executive Committee shall keep a record of the name and address of the person, firm, or corporation, together with the number of 

each certificate, and shall forward this information promptly to the 

N ationarExecutive Committee. 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, 
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the Zone Executive Committee shall immediately take possession of 

such certificate and return it to the National Executive Committee. 

D. EYery man operating a camera outside of a studio shall be 

required to carry an identification card bearing his name and the 

name and registration number of the firm or individual by whom he 

is employed. Such card must be shown on request. 

E. No restrictions shall be placed upon registration except: 

1. That each applicant shall signify his acceptance of the conditions 

set forth in this Code by affixing his signature thereto. 

2. And that the services of each applicant be available to the public 

during regular business hours. 

F. A registration fee shall be charged to cover the cost of clerical 

work and the policing of the industry. 

G. The fact and spirit of the Code shall be enforced by the Zone 

Executive Committee and offenders punished by fine which shall be 

sufficiently large to make it unprofitable for the offender to violate 

any stipulation of this Code. In case of repeated offense, certificate 

of registration may be revoked. Hearings of charges of violation 

shall be held before a judiciary committee. Thus shall the Code be 

enforced within the zone to avoid necessity of appeal to Federal law 

under the Act. 

ARTICLE V-STABILIZATION OF CosTs 

On and 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 accounting systen1s and records acceptable to the Zone Executive 

Committee and subject to the inspection of an authorized representative of the Zone Executive Committee. 

B. For a period of six months and pending the establishment of 

individual costs, each Zone Executive Committee shall be empowered 

and directed to establish costs for the various products and services 

sold to others, said costs to be based upon what the committee shall 

find to be approximate actual cost within that zone of any subdivisions 

thereof. 

C. At the expiration of six months the National Executive Committee 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 Executive Con1mittee shall file with the National 

Executive Committee, who in turn shall file a copy thereof with the 

Federal Administrator, its plan of stabilization of costs. 

ARTICLE VI-TRADE AND PRACTICE RULES 

A. Certified Reports.-Each commercial, illustrative, and pictorial 

photographic studio shall furnish duly certified reports in substance 

as follows and upon such form as the National Executive Committee 

may require:-Returns at the discretion of the National Executive 

Committee, or of the Zone Executive Committee, showing actual 

hours of work of all mechanical employees, including proprietors, 

supervisors, foremen, and others doing mechanical work and actual 
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weekly rates of pay and total wages. Failure to furnish such reports 

shall constitute a violation of this Code. 

C. Registration.-Engaging in the business of commercial, illustrative, 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 Numbers.-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. Wage and working conditions, provided they do not conflict with 

this Code, shall be determined locally or by each zone orgamzation 

so as to establish proper uniform standards in each competitive district and violations of any of the wage and working conditions as so 

determined, shall constitute a violation of this Code. 

F. Secret Rebates.-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. Fraudulent and Deceptive Practices.-Misleading or deceiving 

customers with respect to the quantity, quality, grade, or substance 

of stock or other elements entering into the completed work shall 

constitute a violation of this Code. 

H. Defamation of Competitors.-The defamation of competitors by 

falsely imputing to them dishonorable conduct, inability to perform 

contracts, questionable credit standing, or by other false statements 

or representations, or by false disparagement of the grade or quality 

of their product with the purpose of 1nisleading or deceiving purchaser 

or of injuriously affecting the business of such competitors shall 

constitute a violation of this Code. 

I. Breach of Contract.-Any attempt to avoid contractural obligations or maliciously inducing or attempting to induce the breach of 

existing contracts between competitors and their customers by any 

false or deceptive means whatsoever, or interfering with or obstructing the performance of any such contractural duties or services by 

any such means, with the purpose of unduly hampering, injuring, or 

embarassing competitors in their business shall constitute a violation 

of this Code. 

J. Commercial Bribery.-Directly or indirectly to give or permit to 

be given or offer to give money or anything of value to agents, employees, or representatives of customers or prospective customers or 

to agents, employees, or representatives of competitors' customers or 

prospective customers, or principals, as an inducement to influence 

their employees or principals ·t~ purchase or contract to purchase 

photographic or other commodities from. the maker of such gift or 

offer, or to influence such employees or principals to refrain from 

dealing or contracting to deal with competitors shall constitute a 

violation of this Code. 
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K. Competitors' Employees.-Maliciously enticing away the employee of competitor with the purpose and effect of unduly hampering, injuring, or embarassing competitors in their business shall 

constitute a violation of this Code. 

L. Pirating.-Pirating photographs, ideas, designs, sketches, dummies, photographic prints or copy of any product that has been submitted to a prospective customer by a competitor shall constitute a 

violation of this Code. 

M. False Records.-Wilfully maintaining an inaccurate, improper, 

or false method of determining cost shall constitute a violation of 

this Code. 

J. Specifications and Prices .-,Vben an unsuccessful bidder feels 

that the succe ful bidder has quoted an unfair price, he may demand 

that the successful bidder shall how 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 Zone Committee or its representative shall have 

authority to obtain from other bidders all information they shall have 

concerning the work, and their negotiations concerning ame. All 

quotations and contracts mu t be confirmed in writing and a copy 

kept on file for at lea tone year. Failure to furnish such information 

shall constitute a violation of this Code. 

0. Discounts.-The allowance of any discount except the customary 

two per cent cash discount on accounts paid on or before the agreed 

day of n1onth following date of invoice shall constitute a violation of 

this Code. 

P. Special Prices.-The offering of special prices or privileges not 

offered to all customers and prospective customers under like conditions shall constitute a violation of this Code. 

Q. Free Photographs.-Giving or offering to give free photographs 

and/or prints to secure other business of any kind or in consideration 

of credit line shall constitute a violation of this Code. 

R. Fraudulent Adz1ertising.-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 when it is evident because of marking or other reason 

that they are such constitutes a violation of this Code. 

T. Copying Photographs .-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 constitute a violation of this Code. 

GE ERAL PROVISIONS 

A. Such of the provisions of this Code as are not required to be 

included therein by the National Industrial 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 the expiration 
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of the Act. It is ·contemplated 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 National Industrial 

Recovery 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 same as if they had been separately presented for approval 

and approved by the President. 

COMMERCIAL AND ILLUSTRATIVE 

PHOTOGRAPHERS' CODE COMMITTEE, 

300 Marquette Building, Detroit, Michigan. 

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