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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

October 6th, 2014

Nature Photographer Quits Business, Blaming Copyright Piracy

Photographers have complained plenty about online copyright infringement, but so far, the problem hasn’t driven many to quit the profession, or discontinue posting images online.

Nature photographer Alex Wild says he’s had enough, though. In an essay titled “Bugging out: How rampant online piracy squashed one insect photographer,” Wild says infringement of his work has contributed to his decision to quit photography for a position “less prone to the frustrations of a floundering copyright system.”

Wild asserts in the essay, recently published on arstechnica.com, that “For practical purposes, the Internet has become a copyright-free zone.”

He goes on to provide a long list of unauthorized commercial uses of his work, and describe the futility of his efforts to stop it.  “I send, on average, five takedown notices to Web hosts every day, devoting ten hours per week to infringements. Particularly egregious commercial infringers get invoices,” he says. “Copyright infringement drains my productivity to the point where I create hundreds fewer images each year.” Just ignoring the infringements is a bad option, and so is suing them, for several reasons he explains.  For one, his business competes with “uncredited copies of my own work.” As he explains, “Who wants to pay for an image that is already everywhere?”

Wild concludes by calling for copyright reform that provides “reassurances that the mere act of participating online won’t force [artists] to choose between bankruptcy and chasing infringers through the rabbit hole of ineffective copyright enforcement.” Which is just the kind of reform that photographers’ trade groups have been chasing for years through the rabbit hole of Washington politics.

October 1st, 2014

To Attract Business, Food Photography Duo Builds Dream Kitchen for Food Stylists

BurkleHagen's dual kitchen. ©Andrew Burkle and David Hagen

BurkleHagen’s dual kitchen. ©Andrew Burkle and David Hagen

When food photographers Andrew Burkle and David Hagen formed a partnership last year and began planning their 6,000 square-foot studio space in Cleveland, they asked food stylists for ideas and input about how to build the kitchens. Burkle, whom we recently interviewed about his transition from assistant to professional photographer, explained that when food clients are planning ad campaigns, they often hire food stylists first, and then ask those stylists for recommendations for photographers. “We want to make the stylists happy,” Burkle says. “If they’re happy, they can be the best sales force in the world.”

We followed up to ask Burkle: What did stylists request? And what did you incorporate in your studio design based on their input? Here’s an edited version of Burkle’s email response:

We only shoot food, so we wanted our kitchen to be the focal point [of our studio]. We wanted to present it like a lit theater stage as soon as you enter the studio. We wanted it to look great, work great, and be comfortable and efficient for all stylists. While planning the kitchen we interviewed [about a dozen stylists] on the phone or in person. We just asked, “What is your ideal work kitchen?” and “What works well, and what makes your job difficult?”

[They requested] a lot of counter space, a bright, very well lit work area, large sinks (multiple if possible), enough floor space to be able to move around with multiple people in the kitchen, two refrigerators and two freezers, and lots of pantry and cabinet space. Other small things were more electrical outlets to plug in small appliances, close proximity to the sets, and a separate prep area hidden from clients.

[The work space] is basically two kitchens. Each side has its own 4’ x 10’ island, double oven, 5 burner cooktop and hood, dishwasher, large farm sink, and pull down (retractable) extension outlets from the ceiling. The [tops of the] two kitchen islands  are made of restored bowling lane [flooring]. Both islands are on casters [so the space arrangement is flexible]. We designed the islands for stylists’ legs to fit underneath, while optimizing storage space for pots, pans and utensils in custom-made cabinets and drawers. I guess many stylist work at studios where the work stations don’t  have leg room [so] they have to side-saddle the table and it creates an awkward work position.

The floor of the kitchen is different from the polished concrete of the rest of the studio. We put a high density foam down and then covered it with wood paneling to give it a ballet floor feel. Food stylists are on their feet the whole day, so the floor is easy on their feet and back.

Behind the back wall of the kitchen, hidden from the view of clients, is a pantry, and a prep room. The hidden pantry is a precaution in case we are shooting for one client, but we are also stocked with a competitor’s product (it happens). The “contraband” will be out of sight. The prep area has a desk, and stylists often use it as an office.  If they need to take a call or send an email, they can [do so] and not have to be seen by clients.

The kitchen has been a big hit. After every shoot we try to ask what is working well, and if there is anything that we can fix to make it better.  We ask if there are any appliances, dishware, or utensils that they wished they could have had. We want to keep improving.

So far, food stylist really like working here.  We really want to do everything we can to keep it that way.

Related:
From Assistant to Pro: Andrew Burkle, Food Photographer
Studio Tour: Jody Dole’s Dream Studio (for PDN subscribers)

October 1st, 2014

Is the Fair Use Defense Just for Rich and Famous Appropriation Artists?

Richard Prince earned millions appropriating and manipulating Patrick Cariou's "Yes, Rasta" images. Prince's fame as an artist arguably enabled him to get away with it.

Richard Prince earned millions appropriating and manipulating Patrick Cariou’s “Yes, Rasta” images. His fame as an artist arguably enabled him to get away with it on fair use grounds.

Fair Use may be turning into a legal refuge primarily for “rich and fabulous” artists, according to a recent University of Chicago Law Review article by two Stanford scholars. They reached that conclusion by analyzing Patrick Cariou v. Richard Prince and other copyright disputes between artists over the past decade.

“This shift in fair use has predominantly protected big name defendants who appropriate from small name artists,” Andrew Gilden, one of the authors, told American Public Media’s Marketplace program on Monday.

The Marketplace report, by Sabri Ben-Achour, went on to say that in visual art copyright cases over the past decade, the wealthier artist has usually prevailed. “They’ve won defending against claims they copied someone else’s work, and they’ve won pursuing others for copying their work,” Ben-Achour reported.

Gilden and his co-author, Timothy Greene, argue in their law review article that wealthy artists prevail in part because of the high cost of defending an infringement claim on fair use grounds–something many work-a-day artists can’t afford. But wealthy artists also prevail, Gilden and Greene argue, because there is a cultural presumption that works are “transformative” when they appropriate material from unknown artists, then sell for high prices to an exclusive market. (Whether a disputed work “transforms” the original work is a primary test for a finding of fair use.)

Cariou v. Prince, for instance, was a dispute over a series of paintings and collages by Prince that appropriated images from Cariou’s book Yes, Rasta without permission. Most of Prince’s works eventually sold, fetching a total of  $10.4 million. Prince successfully fended off Cariou’s copyright infringement claim on fair use grounds, testifying in the process that Cariou’s work was just raw material for his own work.

But the argument for transformation doesn’t work in the other direction, i.e., when unknown artists appropriate from better-known artists and then argue that they’ve created a transformative work. That’s because works by famous artists just don’t seem like raw material to juries, judges or average citizens.

The illustrative case Gilden and Greene analyze in their article is Salinger v. Colting. J. D. Salinger sued Fredrik Colting, a little-known author, over Colting’s novel called 60 Years Later: Coming Through the Rye. Colting borrowed story lines and characters from Salinger’s Catcher in the Rye,  pretty much doing what Prince did when he appropriated Cariou’s work, Gilden and Greene suggest. But unlike Prince, Colting lost his case. (Both cases were finally adjudicated in the US Court of Appeals for the Second Circuit, which is in New York.)

As Gilden and Greene put it in their article, “Cariou makes fair use fairer for some, but there’s a real risk its virtues won’t be available to all.”

Related:
Richard Prince Did Not Infringe Patrick Cariou’s Photos, Appeals Court Says
S
upreme Court Declines to Hear Patrick Cariou’s Copyright Claim Against Richard Prince
Richard Prince Settles with Photographer Patrick Cariou

September 24th, 2014

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

Marcus Smith: How to Get Hired by the Clients You Want from PDNOnline on Vimeo.

When photographer (and sports fan) Marcus Smith stopped assisting to go out on his own, he wanted to shoot for Nike and other national athletic brands. But he was an unknown photographer with almost no sports photography in his portfolio. So he took some wise advice that his mother gave him about how to succeed in business, started a personal project, and soon had assignments from Nike and its subsidiary Jordan Brand. Busy with advertising assignments ever since, Smith explains how he got the attention of the clients he wanted.

Related:
Personal Work That Lands Assignments: Marcus Smith (for PDN subscribers)

September 12th, 2014

Friday Fun: David Yellen Shoots on Location with a Snapping Turtle and Uninvited Alligator

10_COVERThis month’s PDN cover features Ernie Brown Jr., aka The Turtleman, posing in a swamp with a large, irritated snapping turtle on his knee. For photographer David Yellen, the shoot–to promote Animal Planet’s Call of the Wildman–was more harrowing than it looks.

It took place last February on the edge of a swampy pond in northern Florida. Location scouts had certified the pond as alligator-free. But Turtleman announced upon arrival that there was an alligator about. “We called bullshit on him, but he said, ‘See those air bubbles over there? They’re going to start moving.’ And five minutes later we saw the alligator’s eyeballs,” Yellen recounts. Animal wranglers took up their guard with alligator nooses. Turtleman, who specializes in ridding people’s backyards of unwanted reptiles, started diving for the gator. “He was saying, ‘I’m going to get this guy,”” Yellen says. “Luckily, he didn’t. It was a nine- or ten-foot alligator.”

With the alligator lurking around, Yellen struggled to get just the right picture of Turtleman holding the 80-pound snapping turtle. “I kept getting closer, wider, and lower,” Yellen says. “I was really pushing it.” Yellen, who had never worked with a snapping turtle before, didn’t know that large snapping turtles can extend their necks 12 inches or more. Behind him, the animal wranglers, the producer, and eventually Turtleman’s manager issued increasingly urgent warnings for Yellen to “watch out.” He was also looking through a wide angle lens, so he was getting closer to the turtle than he realized. “I thought they were being paranoid,” he says of the worried crew.

Finally the turtle got Yellen’s attention by taking a lunge toward the camera, and missing by not much. The resounding snap of its jaws unnerved Yellen, but he pressed on. “I was like, I don’t care, I’m going to get this. I just didn’t feel like I was getting it. I felt like it needed to be more intense, and I needed to try harder. So I got lower and closer.” He got so low that pond water finally flooded into his waders. “It was disgusting,” he says. With his camera—a Hasselblad H2 with a Phase One back—within half an inch of the pond’s surface, he finally got the image he was after. “It’s not an intense stare-down” with the camera, he says. “[Turtleman] is not totally connecting with me. He’s just out there in the wild, and it kind of feels like that.”

September 8th, 2014

Robert Frerck on How to Track Down Copyright Infringements in Textbooks

After publishing our story about the dozens of lawsuits filed against textbook publishers for reproductions of photos that far exceed the limits of usage licenses, we heard from travel photographer Robert Frerck. He won a summary judgment in August on his copyright infringement claim against Pearson Education, and a settlement last May from McGraw-Hill on a separate infringement claim.

“It seems that once a publisher used your image with a valid license, you were fair game for any additional products that they might fancy to produce,” he told PDN via e-mail. In the following excerpt of our exchange with Frerck, he touches on the risk of suing clients, then shares his advice and strategies for tracking down infringements by textbook publishers.

PDN: Was it difficult to bring suit against a client?
Robert Frerck: I had been doing substantial business with all of these publishers for decades, so it was a very difficult decision. I was aware that if I proceeded with this action I might be be putting an end to several profitable client relationships. However I was also very disturbed that these companies had not been truthful in their actions with me. Over [many] years I had met many of their picture editors personally and we had developed a relationship based on trust and I considered many of them to be personal friends. So I felt betrayed when I learned that these companies were knowingly cheating me as a standard business practice. I think that in the end that was the deciding factor in persuading me to pursue legal action.

PDN: What has the process been like for you? Have you ever questioned whether it was worth the headache?
RF:  It has been very frustrating at times. However, it has also been rewarding to see that this information has come out and that my position has been vindicated. The bottom line is that it has been well worth the effort, from both a “securing justice” and a financial perspective.

PDN Are there any particular lessons you’ve learned from your experience pursuing these claims? Any advice you’d give other photographers who might be considering in a similar position?
RF: Fortunately, I still had almost two decades of past invoices and these were coupled with their respective purchase orders and related communications. Most importantly the language of these invoices very clearly stated: what reproduction rights I was licensing and what I was not licensing. So this was sufficient to make a case. However I then decided to expand my data collection in a somewhat different way from other photographers in similar cases. Rather than simply looking at past invoices and making those invoices the substance of my claims, I decided to purchase almost all of the textbooks that were indicated by my invoice record[s].

By actually having the textbooks in my hands, I discovered many things that were not revealed simply by looking at the invoices. For example there were numerous uses of my images that were not mentioned on the purchase orders and consequently never invoiced or licensed. Where only one use was indicated on the purchase order, I might find a second or third use of an image in the actual text (for example, a second use in the table of contents). I also found images that were indicated for use as a 1/4 page on the purchase order but in the text were used as a double page chapter opener, a mistake with a huge impact on the bottom line.

Another interesting thing I discovered – and for this I bless Google and the internet and companies like Amazon: I would find the title of the text that was listed on my purchase order/invoice but then I would also find that there was an “International Edition” of that same title; or a “Spanish Language Edition” or a newer “expanded edition” or a “CD or internet website use” that I had never licensed. Many of my claims against publishers are for uses in products that were never licensed in the first place. It seems that once a publisher used your image with a valid license, you were fair game for any additional products that they might fancy to produce. Unless you were actively spending countless hours researching these titles on the internet you would never have been aware that this was occurring. I guess that is what the publishers were counting on.

In the final analysis, pursuing this type of litigation is not for everyone; first it helps to have reliable records and a lot of patience and perseverance. However, in a way it is like the unraveling of a good mystery and you are trying to discover all of the wrinkles in the plot. You must also be prepared to put up with a lot of BS from the defense lawyers, but my lawyers have been great in countering them. And most importantly, remember that the truth will be found out in the end.

Related:
Has a Textbook Publisher Trampled Your Copyrights? There’s a Solution for That.

September 5th, 2014

Photographers Settle Copyright Suit Against Google. But On What Terms?

A copyright infringement lawsuit against Google that began with a bang in 2010 and plenty of bluster by trade groups about protecting the rights of their members has finally ended with a whimper.

The American Society of Media Photographers (ASMP), National Press Photographers Association (NPPA), Advertising Photographers of America (APA), Professional Photographers of America (PPA) and several other trade groups representing photographers and visual artists have announced a settlement of their class action lawsuit over the Google Books program on (mostly) undisclosed terms.

“The parties are pleased to have reached a settlement that benefits everyone and includes funding for the PLUS Coalition, a non-profit organization dedicated to helping rights holders and users communicate clearly and efficiently about rights in works. Further terms of the agreement are confidential,” NPPA announced today on its web site.

The lawsuit, almost identical to a separate lawsuit filed against Google by the Authors Guild, was a reaction to Google’s Books Search program. Under that program, Google has been working with several libraries to scan books and periodicals and make the content available through its search engine results. The plaintiffs sued in 2010 to stop Google from copying, scanning or displaying copyrighted photos and other visuals in printed publications without permission.

Under the terms of the settlement, NPPA says, Google admits no liability. And with no mention by plaintiffs about how a revenue stream from the Google Books program will be shared with visual artists going forward, it seems unlikely that today’s settlement included any concessions from Google to pay license fees for images scanned as part of its program.

Last November, a federal court dismissed the Authors Guild lawsuit on fair use grounds. That decision likely weakened the hand of ASMP and other photo industry plaintiffs in their claim against Google.

But ASMP and the other plaintiffs launched their lawsuit with high expectations.

ASMP said in 2010 that the goal of the suit was to make sure photographers are “fairly and reasonably compensated” when their works are distributed through Google search results.

When NPPA joined the lawsuit in 2013, NPPA’s then-president said in a prepared statement: “I feel it is the NPPA’s responsibility to protect that principle of ownership, and not allow companies like Google to infringe upon our rights uncontested.”

Advertising Photographers of America also joined the lawsuit in 2013. “Holding Google Books responsible for their flagrant copyright infringement is something APA has been working on and we’re pleased to continue this fight in conjunction with the other plaintiffs,” the APA president said at the time.

Meanwhile, the Authors Guild is in the process of appealing its copyright claim against Google to the US Court of Appeals for the Second Circuit in New York. NPPA said in its announcement today, “This settlement does not affect Google’s current litigation with the Authors Guild or otherwise address the underlying questions in that suit.”

Related:
Judge Dismisses Authors Guild’s Lawsuit Against Google
ASMP, Other Trade Groups Sue Google (for PDN subscribers)

September 3rd, 2014

Mary F. Calvert Wins $25,000 Women’s Initiative Grant

From "Missing in Action: Homeless Female Veterans." © Mary F. Calvert

From “Missing in Action: Homeless Female Veterans” © Mary F. Calvert

Photographer Mary F. Calvert has won the Alexia Foundation’s 2014 Women’s Initiative Grant to fund her project called “Missing in Action: Homeless Female Veterans,” the foundation announced this morning. Calvert was a finalist for the $25,000 grant last year, when it was initiated by the Alexia Foundation to support photojournalism projects about issues affecting women.

The Alexia Foundation says Calvert explained in her grant proposal that female veterans are the fastest growing segment of the US homeless population, and are four times more likely than civilian women to become homeless because of health issues, and psychological and economic stress. Those issues are often exacerbated by the strains of parenthood. But the Department of Veteran’s affairs is ill-equipped to address the needs of female veterans, according to critics.

“Mary Calvert’s project on homeless female veterans in Los Angeles qualifies as the poster story for our mission statement,” Alexia Foundation co-founder Aphrodite Tsairis said on the foundation’s blog. “The stark emotion evoked in her images promises to deliver the raw naked truth about a neglected segment in the military.”

Calvert’s work will focus on homeless female veterans in the Los Angeles area. She will explore the efforts of the Department of Veterans Affairs and other organizations to provide services, as well as “put a human face on this neglected crisis” by allowing women to tell their stories in their own voices, according to the Alexia Foundation.

As a condition of the grant, Calvert is expected to submit a project portfolio of at least 60 images by March 1, 2015. The Alexia Foundation expects to assist her in creating a multimedia production of the finished work, according to communications director Eileen Mignoni.

Mignoni says the Alexia Foundation received 400 applications for the Women’s Initiative Grant this year. The foundation’s nine-member Photojournalism Advisory Council selected the winner. The advisory council members include Jim Dooley, Brian Storm, Ed Kashi, Ami Vitale, Pim Van Hemmen, Huang Wen, Whitney Johnson, Aidan Sullivan and Lacy Austin.

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

Tim Matsui Wins Alexia Foundation Women’s Initiative Grant

August 22nd, 2014

PDN Video: Gerd Ludwig on Why He’s Risked His Life at Chernobyl

In 1993, photographer Gerd Ludwig began documenting the consequences of the 1986 Chernobyl nuclear disaster while on assignment for National Geographic. “I got involved accidentally [while] covering a story about pollution in the [former] Soviet Union,” he says. “I was struck by the post-apocalyptic feel of the whole zone.” He ended up returning nine times over 20 years to tell the story of a human and environmental catastrophe that continues to reverberate, and he recently published The Long Shadow of Chernobyl, a 252-page tri-lingual book about the disaster. In this video, Ludwig describes the challenge and drama of photographing inside the destroyed nuclear reactor, and what drove him to take great personal risk to tell the story.