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December 18th, 2014

Time Inc. UK Issues Rights-Grabbing Contract

Time Inc.’s UK division has riled editorial photographers by issuing a new contract requiring freelancers to hand over “all rights” to any assignment images for about 60 specialty publications. The contract takes effect January 1, 2015, but there may be wiggle room for negotiation, at least for some photographers who take the initiative to push back.

“It’s an outrageous rights grab,” says photographer David Hoffman, spokesperson for Editorial Photographers UK (EPUK). “It’s just bullying.”

The contract applies to a wide array of Time Inc UK titles, including fashion, lifestyle, entertainment, and shelter magazines, as well as  niche magazines for marine, wine, gardening, fishing, sport, and technology enthusiasts. The contract does not apply to assignments for TIME, the weekly news magazine.

“The new agreements better reflect our needs as a multi-platform business,” Time Inc. UK’s director of corporate communications Karen Myers told PDN via e-mail. “Contributors need to bear in mind that commercial realities dictate that we will be using the content that we purchase in many different ways to reflect the changing media landscape, both now and in the future.”

Myers acknowledges that some photographers “will not want to assign and/or waive their rights and there is no obligation for them to do so – if they do not wish to do so, they may object and negotiate different terms with us in the usual way.”

Hoffman explains, “If an editor really wants your particular work, or is sympathetic to you, they may be able to do individual deals.”

But photographers who aren’t able to negotiate to keep their copyrights will be deprived of the right to re-license assignment images,  which could ultimately hurt Time Inc., Hoffman says. “The best photographers won’t work for them under those terms,” and those photographers who do accept the terms won’t have much incentive to do their best work, he explains.

December 18th, 2014

Police Intimidation Watch: Photographer Wins $1.1 Million for Malicious Prosecution

A New York woman who was arrested and jailed for four days after photographing an Air National Guard base from a public thoroughfare was awarded $1.1 million in compensatory damages by a federal jury last week.

Nancy Genovese sued the town of Southampton, New York, the Suffolk County sheriff’s department and several individual officers in 2010, alleging violations of her constitutional rights, assault, battery, false arrest, use of unreasonable and excessive force, and malicious prosecution.

In a trial that concluded December 11, jurors concluded that Suffolk County sheriff’s deputy Robert Carlock had maliciously prosecuted Genovese. But Genovese failed to prove that Carlock had initiated criminal proceedings because of her political associations. Therefore, the jury found that Carlock was not liable for violating Genovese’s First Amendment right of free speech.

Although jurors reached agreement on the $1.1 million award for compensatory damages, they were unable to reach a unanimous decision on punitive damages, so deliberations are continuing.

According to court papers, Genovese was driving home in July, 2009 past the Gabreski Airport Air National Guard base in Suffolk County (Long Island) when she stopped her car to photograph a helicopter on display in front of the base. Genovese made the photograph from inside her car, intending to post the photo on a “Support Our Troops” website.

As she was preparing to drive away, a Southampton, New York police officer approached her and asked what she was doing. Genovese explained what she was photographing, tried to show the officer the images on her camera’s LCD, and then ended up giving the officer her camera card to protect her camera, which the officer was treating roughly, according to Genovese’s lawsuit.

At that point, the Southampton police officer ordered Genovese to remain where she was, and called the county sheriff’s department to report Genovese’s presence outside the base, “falsely and wrongly informing” the sheriff’s department that Genovese “posed a terrorist threat,” she said in her claim.

Authorities from the FBI, Homeland Security, the ANG base, and the local police and sheriff’s department rushed to the scene. Genovese was questioned on the roadside for “five or six hours.” She alleged that her car was searched without her consent, and because she had just come from a local shooting range, authorities found an AR 15 rifle, as well as a shotgun and ammunition, in her car. Southampton police seized the guns, which were legally registered, according to court papers.

According to the suit, Suffolk sheriff’s deputy Carlock said to Genovese, “You’re a right winger, aren’t you?” He and another unidentified officer proceeded to taunt Genovese, repeatedly referring to her as a “right winger” and “tea bagger” and allegedly threatening to arrest her for terrorism “to make an example of her to other ‘tea baggers.’”

After hours of questioning, federal authorities concluded that Genovese wasn’t a security threat. After they left the scene, however, an unidentified sheriff’s deputy handcuffed Genovese, and transported her to jail, where Carlock allegedly told her that although authorities “had nothing to charge her with,” they would “find something in order to teach all right wingers and tea baggers a lesson.”

She was charged later that night with “terrorism,” and arraigned the next day on criminal trespass charges. Bail was set at $50,000 because of sheriff’s “inflammatory accusations” that she was a terrorist and a flight risk, she alleges in her lawsuit.

Genovese spent four days in the county jail, until she was finally able to raise the money for her bail. While in jail, she alleges, deputies continued to taunt her, subject her to sleep deprivation, deny her medical care for a leg injury that became infected, and instigate alarmist media coverage by releasing to reporters false information about Genovese and the circumstances of her arrest.

The criminal trespass charges against Genovese were dismissed in November, 2009. She filed suit on July 29, 2010.

In her lawsuit, she alleged violation of her First Amendment right of free speech, as well as violations of her Fourth and Fourteenth Amendments rights of freedom from unreasonable search and seizure. She also claimed she was subject to fear and terror, humiliation, degradation, physical pain and emotional distress.

In 2013, a federal judge dismissed Genovese’s claims against the town of Southampton and its police officers. The judge ruled that the Southampton police officer who originally stopped Genovese had probable cause to do so; that the officer didn’t use excessive force; and that Southampton police seized a gun in her car “under a lawful exception to the warrant requirement of the Fourth Amendment” because it was in plain view insider her car. Therefore, the court said, Southampton police did not violate her constitutional rights.

The judge also dismissed false arrest claims against Suffolk County sheriffs, on the grounds that they acted on the “probable cause” determination of Southampton police. But the court declined to dismiss Genovese’s malicious prosecution claims against Carlock and the sheriff’s department, clearing the way for the trial, which began December 8 and lasted for three days.

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December 11th, 2014

Actor Says Paparazzi Are to Blame if They Get Punched

Photographers’ injury lawsuits against pugilistic celebrities and their bodyguards are too commonplace to count as news these days, but a report about the case of photographer Sheng Li v. actor Sam Worthington caught our eye because of the actor’s defense. Call it the serves-you-right defense.

According to a Radaronline.com report, paparazzo Li is suing the star of Avatar and his girlfriend, Lara Bingle, for $10 million in damages. Li alleges they caused him a shoulder and wrist injury during a scuffle on a New York City sidewalk, presumably after Li tried to photograph the couple without their consent.

Worthington’s defense, according to Radar, is that getting attacked by celebrity subjects is an occupational hazard for the paparazzi. Li “knew the hazards,” he argues. Therefore, he’s responsible for his own injuries.

Worthington is partly right: getting attacked by celebrities is a well-reported risk of paparazzi work. But assault, even against annoying people, is still illegal. And unless that changes, getting sued for outrageous sums of money will probably remain an occupational hazard for celebrities, or at least hot-headed ones.

December 9th, 2014

Obituary: LIFE Photographer Ralph Morse, 97

Photographer Ralph Morse, who covered war, sports, science, celebrities, theater, and other assignments during his long career as a staff photographer for LIFE and TIME magazines, died December 7 at his home in Florida. He was 97.

Morse’s death was reported yesterday by TIME magazine, which said on its website that “no photographer in the history of LIFE magazine had a more varied, thrilling and productive career.” Morse became LIFE’s youngest World War II correspondent when he joined the magazine in 1941 at the age of 24.

He covered the Battle of Guadalcanal in 1942, and later on, the liberation of Paris in 1944 and the surrender of Germany at Reims in 1945. After the war, Morse covered a wide range of assignments for LIFE, beginning with Broadway and the London theater, and eventually sports, science and technology, and other subjects.

Besides the major events of World War II, Morse was witness to other historic moments of the 20th century. TIME describes his iconic shot of Jackie Robinson “one of the greatest baseball photographs ever made.” Morse also photographed Babe Ruth’s farewell at Yankee Stadium, Einstein’s funeral, the Ali-Liston fight, and other events.

According to TIME, Morse was the first civilian to fly on a Strategic Air Command B-47 Stratojet, a nuclear bomber developed during the Cold War. He was also the first to shoot color photographs of the caves of Lascaux. He also covered NASA’s Mercury space flight program.

He remained a staff photographer for LIFE magazine until it folded in 1972, then joined TIME magazine. He retired in 1988, and told John Leongard, author of LIFE Photographers: What They Saw, that he sold all his cameras and and stopped taking photographs to avoid “everybody and his brother” asking him to photograph their weddings.

December 8th, 2014

How Photographer Stephen Crowley Works Around White House Photo Ops

A little Washington drama: Bill Clinton keeps Barack Obama waiting at a White House photo op. ©Stephen Crowley/The New York Times

A little political drama: Bill Clinton keeps Barack Obama waiting at a White House photo op in September. ©Stephen Crowley/The New York Times

New York Times photographer Stephen Crowley, an astute, keen-eyed observer of Washington politics, explains in an interview appearing in this month’s edition of PDN how he built his career working around obstacles to access. “They have their stage,” he says of politicians and their handlers. “I’m content to walk behind the cavalcade and observe.”

His series of images (above) of a September 19 meeting between President Barack Obama and ever-popular former President Bill Clinton is a case in point. Clinton was invited to the White House to celebrate the anniversary of AmeriCorps, a volunteer program his administration launched in 1994. It was supposed to be a feel-good photo op for Obama, whose ratings are low. But the mutual dislike between Obama and Clinton is no secret, and it wasn’t far from Crowley’s mind. He picks up the story from there:

“[They were] walking back to the oval office, right along a rope line. I was on a high ladder, missing that picture. Obama was working the rope line, then he walked off, and thought Clinton was with him. But Clinton was slowly working the rope line, making the President of the United States wait for him. And Obama was standing off by himself. He puts on his jacket, walks [back toward the rope line], and he’s still waiting for Clinton. That’s a gem of a moment. I made a whole sequence [out of it].”

Crowley notes there’s an element of street photography in his approach. “I had a lot of experience in Florida”–at the Palm Beach Post, where he started his career–”doing street photography. You went out and looked for features. I came up here [to Washington] and translated that, and it’s been an effective way of telling the story, pulling away from the press conferences.”

For more about Crowley, his approach to covering politics, and his alternative take on the controversy over diminished access by photographers to the Oval Office, see our interview in this month’s PDN.

December 4th, 2014

PDN Video Pick: A Spotlight on Underage Victims of the Illegal Sex Trade

(click “Play All” option for a two-minute trailer for the web version; click “Theatrical Version” to launch a 2:45 introduction to that version.)

Seattle photographer Tim Matsui and MediaStorm have just released The Long Night, a documentary film about teenage victims of illegal sex trade in King County, Washington. Matsui has focused on stories about sexual violence and human trafficking for more than a decade, and his new film is part of his multi-pronged project called “Leaving the Life.”

“I see the film as a broad audience outreach tool; it builds awareness,” he says, with hopes that it also serves as a catalyst for community dialogue.  His ultimate goal, he says, is to facilitate “a shift in cultural and institutional norms.”

He explains, “Some of the solutions lie in harm reduction, criminal justice reform, and police training,” to treat underage prostitutes as victims rather than criminals. “Others [solutions] are more generational: Are we teaching our daughters to be strong and self confident? Are we showing our sons how to respect and value women?”

Support for The Long Night included a $25,000 Women’s Initiative Fund grant awarded to Matsui by the Alexia Foundation in 2012. The Alexia foundation also provided post-production funding to MediaStorm.

The film is available in two versions: a 70-minute “theatrical release,” and a web version that’s presented in a series of short chapters. “We felt that breaking it down into components makes it a little more usable” to viewers who often can’t or won’t sit through an hour-long video online, says MediaStorm principal Brian Storm.

Both versions are available free-of-charge through December 7. The theatrical release is available on Matsui’s website; the web version is at MediaStorm.  After December 7, MediaStorm will charge a fee for the theatrical version, which will be available only on MediaStorm’s Vimeo feed. The fee, to be determined, will help defray production costs, Storm says. The web version will continue to be available for free on MediaStorm’s website.

Related:
Anatomy of a Successful Grant Application: Tim Matsui on the Women’s Initiative Grant (for PDN subscribers)

November 24th, 2014

UK Orphan Works Law Takes Effect: Similar US Law Is Increasingly Unlikely

A controversial “orphan works” law, making it legal under certain conditions to use photos and other creative works belonging to copyright owners who cannot be located, took effect took effect October 29 in the United Kingdom. Efforts to enact a similar law in the US continue to languish.

Orphan works laws reduce the legal risk for publishers, film makers, museums, libraries, universities, and private citizens who want to use copyrighted works, but cannot locate the copyright owners of those works.  The laws are intended to make the works available for public benefit, provided users conduct a “diligent search” for the owners before using the works. But photographers, artists, and their trade groups have resisted the laws, fearing they will end up protecting infringers who don’t search diligently for copyright owners. Some opponents fear that orphan works laws may even give infringers incentive to turn traceable works into orphan works by stripping away credits and other metadata.

But so far, the new UK law is causing little worry. “I don’t think it’s going to be a problem for photographers,” says David Hoffman of Editorial Photographers UK (EPUK).

The American Society of Media Photographers (ASMP) and other US photo trade groups that issued dire warnings two years ago that the UK law would bring about “a firestorm of international litigation” are mostly quiet now.  “I think the law they’ve come out with [in the UK] is pretty reasonable,” says Eugene Mopsik, the outgoing executive director of the ASMP. (more…)

November 17th, 2014

With $10,000 Grant, Photographer Orchestrates Panoramic of Mile-Long Street

Tryon Street, Charlotte, NC: Charlotte Ballet Building, November 1, 2015. ©Jeff Cravotta

One of 138 images taken along Tryon St. in Charlotte, NC for a 100-foot long panorama. ©Jeff Cravotta

Photographer Sean Busher was looking for a project to herald the return of The Light Factory—a non-profit gallery and photo education center in Charlotte, North Carolina–when he hit upon an audacious idea: Recruit dozens of volunteers to create two panoramic images of both sides of Charlotte’s historic main drag. With months of preparation and a $10,000 grant, Busher pulled it off November 1. A two-sided, 100-foot exhibition of both panoramas is now pending at the Mint Museum of Art, the city’s main art museum.

Established in 1972, The Light Factory is a gathering place for photographers that hosts exhibits and offers classes. It closed in 2013 because of financial problems, but a group of local volunteers launched a Kickstarter campaign and managed to re-open it this summer at a new location.

Busher, a Light Factory board member, wanted to commemorate the re-opening and bring some publicity to the gallery. His idea was to photograph a single, vibrant moment on a mile-long stretch of Tryon Street in Charlotte. He dubbed the project “Moment Mile, the Ultimate Panorama.”

“I loved the concept, but I figured it would never happen,” he says.

Photographers line up November 1 to photograph Tryon Street simultaneously on signal. ©Rodney Nichols

Photographers line up November 1 to photograph Tryon Street simultaneously on cue. ©Rodney Nichols

But the more he explored the idea, the more excited he got about making it work. He needed funding, so he called the Charlotte-based Knight Foundation, which supports innovative journalism, media and art projects. Knight Foundation program director Susan Patterson surprised Busher by saying she had already heard of his project and wanted to help.

Knight Foundation provided a $10,000 grant, which Busher will use for marketing, and to cover the cost of printing and mounting the panoramic images. He also used some of the money to cover the costs of parking and a pizza party for the volunteers who showed up to help with the shoot.

Based on some shoot tests, Busher determined that he needed approximately 150 volunteer photographers spaced 36 feet apart to get the best panoramic, a measurement that provided some overlap to guarantee one continuous picture. He put out a call for volunteers, requiring them each to bring their own DSLR with a 50 mm lens.

Prior to the shoot, Busher made 4×6 test shots from each designated position along the street, and asked the volunteers on the shoot day to use his test shots as guides for framing their images. He also instructed volunteers to shoot at 1/125 or faster to ensure sharp capture. He didn’t specify aperture or ISO, but advised everyone to give priority to depth of field, rather than low ISO.

Busher woke up to cold, rainy weather on November 1, the day of the shoot. “We thought we were going to have to cancel the whole thing,” he says. “But about two hours before the shoot, the sun came out and it was beautiful.”

Out of the 150 photographers who volunteered, 138 showed up. Busher had created a website with a countdown for the first picture, scheduled for 6:15 pm, which was just before sunset and around the time the street’s Saturday night bustle begins. The volunteers took their positions along a 15-block stretch of Tryon Street, and monitored the countdown to 6:15 on their smartphones. After the first picture, they all crossed the street to photograph the other side exactly five minutes later. Then they gathered at a pizza restaurant where Busher and his team downloaded everyone’s flash cards onto computers.

“When you get that many people together a lot can go wrong—camera batteries, compact flash drives. It kind of had me freaked out,” Busher says.

He used Photoshop to combine the individual images into a panoramic. Because Photoshop only allows about a 500,000 pixel-wide image, he had to break the document into two different parts. Originally, he planned to stitch the pictures together as one seamless image, but as he was laying it out, he decided to juxtapose the images without stitching them so viewers get a sense of each individual frame.

“To get 138 photographers together at the same time to do something unified like this shows real dedication and support,” Busher says. “This couldn’t have gone better. I’m happy and relieved and thrilled.”

No date has been set for an exhibition at the Mint Museum, but Busher hopes to show the panoramas there this fall. He’s also looking for a corporate buyer for the panoramas. If he succeeds, he says, the proceeds will go to support The Light Factory.

–by Sam Boykin

November 13th, 2014

Cowboy Lifestyle Photographer David Stoecklein Dies, 65

Idaho cowboy coverPhotographer David Stoecklein, who built a small publishing empire on his photographs of cowboys, horses, and western lifestyle and landscapes, died November 10 at the age of 65, according to a report in the Idaho Mountain Express. The newspaper gave no details about the cause of death.

Based in Ketchum, Idaho, Stoecklein began his career as an outdoor lifestyle photographer shooting advertising assignments for clients including Coca Cola, L.L. Bean, Reebok, Timberland and others. According to his website, his passion for the ranching heritage of the American West led him to focus on that subject, which led to assignments from Stetson-Roper USA, Wrangler, Agri Beef, Eddie Bauer, Chevrolet, Ford, Marlboro, and numerous others. He also contributed to numerous magazines including Western Horseman, Farm and Ranch Magazine, Cowboys and Indians, and Working Ranch magazine.

In addition to his assignment work, Stoecklein published at least 28 books, among them titles such as The Cowboy Boot, Dude Ranches of the American West, The Cowboy Horse, and The Idaho Cowboy. Along with the many books, he sold cards, calendars, posters, and prints through his website.  Stoecklein also ran frequent photo workshops at his ranch in Mackay, Idaho

He is survived by his wife, Mary, and three sons.

October 27th, 2014

PDN Video: Marcus Smith on How to Develop Your Brand Identity

Marcus Smith, Part 2: How to Develop Your Brand Identity from PDNOnline on Vimeo.

In a previous PDN Video, advertising photographer Marcus Smith explained how he used personal work to land his dream clients. After winning his first few commercial assignments, though, Smith decided he needed a stronger brand identity to maintain momentum. In this video, he explains how he figured out the right brand message for his business, communicated it to a designer, and got a professional-looking brand identity on a tight budget.

Smith will speak at Photo Plus Expo on a panel called “PDN’s 30: Strategies for Young Working Photographers” on Saturday, November 1 at the Javits Convention Center in New York City. Others speaking on the panel include Dina Litovsky, Greer Muldowney, Keren Sachs, and Tony Gale. For complete details about Photo Plus Expo seminars and events, see the Photo Plus Expo website.

Related:
PDN Video: Marcus Smith on How to Attract the Clients You Want