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March 31st, 2014

Spanish Journalists Freed After 194 Days in Captivity in Syria

Spanish photojournalist Ricardo Garcia-Vilanova and reporter Javier Espinosa were freed by their Syrian captors Saturday night, 194 days after they were kidnapped while attempting to cover the Syrian civil war for the Spanish daily El Mundo, according to reports by NPPA and other news outlets.

Espinosa is a staff reporter for the Spanish daily El Mundo. Garcia-Vilanova, a freelancer, was on assignment with Espinosa when they were abducted by an Al-Qaeda affiliates at a checkpoint, shortly after crossing into Syria from Turkey last September 16.

Both men were reportedly in good health when they were released to Turkish authorities, and have since been re-united with their families in Spain.

According to the Committee to Protect Journalists, Syria ranks as the world’s most dangerous place for journalists, who “are targeted, kidnapped by all sides in the conflict.”

Related:
Spanish Photographer and Reporter Abducted by Al-Qaeda Affiliate in Syria
Freelance Photographer Killed in Syria

March 28th, 2014

Court Reminds Michael Kenna: Copyright Protects Expression, Not Ideas

A ruling in a copyright infringement case involving photographer Michael Kenna has affirmed the principle that copyright does not protect ideas (or choice of subject matter). It protects only the expression of an idea.

That’s true under copyright law in the US, as well as in Korea, where a gallery representing Kenna sued Korea Air on Kenna’s behalf, according to a report in The Korea Times. The claim was that a photograph of South Korea’s Seok Island that appeared in ads around 2010 for Korea Air copied an image that Kenna shot of that island in 2007.

The Korea Times says that in rejecting the copyright claim, the court said: “When the subject is identical, it is the matter of preference of a photographer in deciding when, where and how to shoot. They are just two different ideas which can’t be protected by copyright law.”

The newspaper noted that the Korea Air photo was in color, while Kenna’s image was in black and white. Regarding the similarities in composition in both photos, a photographer quoted in the Korean Times article notes that there are few vantage points from which the islands can be photographed.

Related:
Infringement Claim Fails Because Law Protects Expression, Not Ideas
In Court, Copycats Prove Elusive (subscription required)

March 27th, 2014

PDN’s 30 Photographers Provide Career Tips to Aspiring Photographers

pdn30-2014-sva-blog2
A panel featuring three of this year’s PDN’s 30 photographers discussed strategies for building a successful career and offered a wealth of useful tips to an audience of students and industry professionals at the School of Visual Arts theater in New York last evening.

The PDN’s 30 photographers, Bobby Doherty (still life), Billy Kidd (fashion), and Bryan Derballa (editorial/lifestyle), discussed how they found their visual styles, how they use social media to get noticed, build networks and land jobs, and the importance of learning and practicing good business skills. Photographer Tony Gale, a Sony Artisan of Imagery who has taught photography, and photo editor Emily Shornick of The Cut at New York magazine, also provided insights on navigating the industry. The evening was sponsored by Sony, Offset, Canson Paper and ASMP.

Describing how they launched their careers, Doherty, Kidd and Derballa all said they developed their visual styles by shooting whatever interested them a lot–even obsessively.

“It’s important to be making the kind of photos you would want to get paid to do, before you get paid to do it,” Doherty said.

Bobby Doherty's early makeshift studio.

Bobby Doherty’s early makeshift studio.

A 2011 graduate of SVA, he started by experimenting with conceptual still life work in his apartment at night. “I didn’t have any money. I had two flashes, and [bar] stools” and broom handles that served as stands (shown at right). Doherty says he was focusing on “how to accomplish an idea with as little as possible, technically.”

Kidd says when he moved from Arizona to New York, he did test shoots with models four, five, or six times a week–”whatever I could do,” he says. “I experimented with light, to find out who I was.”

Shornick emphasized the importance of developing a distinctive personal style. When it comes to hiring a photographer, she said, “”I don’t want to be surprised. I want to pre-visualize” what a photographer will deliver.

One of the biggest challenges for photographers is getting noticed. All the photographers on the panel said they take as much pleasure in sharing their work as they do in shooting it, and they use social media–particularly Tumblr–to build audiences.

Kidd said he posted images from his test shoots on a Tumblr blog. “That’s how my rep found me–from my Tumblr page,” he says. On his Tumblr page, he says, he posts “everything I shoot, and want to show people.”

“Be liberal and fun with your Tumblr,” advised Derballa. Years ago he started Lovebryan, a blog that features not only his work, but that of several other photographers whose work he likes. Derballa also noted that he uses Tumblr “to follow trends” by looking at what other photographers are shooting.

Panelists also discussed the importance of personal connections and face-to-face networking. Doherty says working as an assistant eventually led to a job with Lucas Michael, who shoots for New York Magazine. That led to a meeting with Director of Photography Jody Quon, and a couple of weeks later, Doherty had his first assignment from the magazine.

Kidd says he got access to models for test shoots through a friend who worked for modeling agencies. Derballa got his first assignment from The Wall Street Journal after a chance meeting with former photo editor Matthew Craig while Derballa was talking about a self-funded assignment at a bar with another photographer.

The discussion also turned to business practices, particularly the importance of good communication skills, dependability, and presenting a professional appearance in your emails and invoices.

Here are some tips the panelists offered:

On networking:

Connect with everyone you can while still in school, including teachers, fellow photography students, and students in other departments.

Attend industry events and meet everyone you can, without thinking: Who can I talk to who can give me work?

If you’re shy, and feel uncomfortable schmoozing at events, force yourself to go with a goal of meeting just one person. Those connections multiply, Gale said. “Then you’re the person who everyone wants to meet because you can introduce them to other people.”

On assisting:

Be an assistant. By assisting, Gale explained, you connect to people and resources, “and you learn so many things it’s not possible to learn in school” about technique and business.

To get assisting jobs, a good attitude is more important than technical know-how, Gale said. “What I need is someone who is going to be paying attention, and not be upset that I said ‘everybody is going to need coffee’ or ‘sorry, but you have to stand out in rain and watch the gear.’”

When you send e-mails asking about work as an assistant, personalize them, Gale advised. “Don’t send an e-mail addressed to 30 other photographers.” And don’t talk about what a great photographer you are, he said. “I don’t care.”

On approaching photo editors:

“Email with a link. That makes it easy to bookmark you,” Shornick said. Mailers just get thrown in a drawer and forgotten. Email “every now and then” about a recent assignment or new personal work, she added. “Quarterly is a good approach.”

No cold calls. “I’m really busy, I just don’t have time,” Shornick said.

Don’t show up unannounced. “That’s really inappropriate.”

Make sure your web site loads fast, and is free of bells and whistles. “I hate Flash websites. I just want to see your work,” said Shornick, who has discovered photographers at portfolio reviews and through Flickr.

Provide multiple contacts and Indicate your physical location. “If I can’t figure out where you live I’m never going to hire you,” Shornick said.

On providing good service to clients:

Be dependable. “The most important thing is [meeting] deadlines,” Shornick said.

Be responsive. “I always pick up [phone calls]. It’s probably someone who wants to hire you, or wants to know why the photos aren’t there,” Derballa said.
“Yeah, pick up the phone,” Shornick said, or she’ll just call another photographer.

Related article:

PDN’s 30 2014: New and Emerging Photographers to Watch

9 Tips for Getting Hired (and Re-Hired) as a Photographer’s Assistant

March 26th, 2014

Tlumacki, Proctor Win Photojournalist of the Year Honors at BOP

John Tlumacki of The Boston Globe has won Photojournalist of the Year (Large Markets) at the 2013 Best of Photojournalism competition, while Sean Proctor of Michigan’s Midland Daily News has won Photojournalist of the Year (Small Markets).

The National Press Photographers’ Association, which sponsors the competition, announced the complete results on March 24.

Tlumacki won largely on the strength of his coverage of the Boston Marathon bombings in April, 2013. He was at the scene when the bombs exploded. “While others ran away,” NPPA said, “Tlumacki ran toward the scene.”

He spent months documenting the recovery of victims he photographed at the scene.

Proctor, meanwhile, is relatively new to photojournalism, having graduated from Central Michigan University in 2011. He held internships before joining the Midland Daily News just over a year ago, according to NPPA.

In other categories, Patrick Smith won Sports Photojournalist of the Year for the second year in a row. Last month, Smith was named 2014 POYi Sports Photographer of the Year by the Pictures of the Year International Competition.

Jim Gehrz of the Minneapolis Star Tribune won the Cliff Edom “New America” Award for a story about the oil boom in North Dakota and its impact on traditional life there.

Rick Loomis of the Los Angeles Times won the Returning Veterans Coming Home award.

NPPA has posted a complete list of winners on its web site. (Scroll way down.)

Judges for BOP’s still photography competition were photojournalists Cheryl Diaz Meyer and Bill Luster; Kenneth Irby of The Poynter Institute, and NPPA president Mark Dolan. The judging took place at Ohio University’s School of Visual Communication.

March 26th, 2014

How Should Clients React to Sexual Coercion Allegations Against Terry Richardson?

Now that another model has come forward with allegations of sexual misconduct against photographer Terry Richardson, his clients face a difficult question: What ethical obligations, if any, do they have to take a stand?

Over the past several years, reports have periodically flared up that Richardson has manipulated some models to engage with him in unwanted sexual contact during photo shoots at his studio. The models have described the incidents as casting couch situations that occurred when they were students or aspiring models, not established models working on set for ad campaigns or editorial shoots.

The allegations surfaced again in recent weeks after former model Charlotte Waters published a graphic account of a shoot with Richardson that spiraled out of her control. “I was completely a sex puppet,” she recounted anonymously in a post on a Reddit thread. The post has since been removed, but after her story was widely circulated, Waters identified herself as the author.

She has spoken to New York City police, according to Styleite.com, but she reportedly never said “no” to Richardson’s advances, and she isn’t pressing any charges.

In the hot seat of bad publicity once again, Richardson issued an angry denial to all the allegations in a letter to the Huffington Post, calling them “hate filled, libelous tales.” In the letter, he painted himself as the victim of a “witch hunt.”

Richardson says in the letter, “I collaborated with consenting adult women who were fully aware of the nature of the work.” Overlooking the disparity in power between himself and the models, he adds, “I have never used an offer of work or a threat of rebuke to coerce someone into something that they did not want to do.” (more…)

March 20th, 2014

Former Hallmark Institute Owner Pleads Guilty of Fraud, Tax Evasion

George J. Rosa III, the former owner of the Hallmark Institute of Photography, the photography school in Turners Falls, Massachusetts, pled guilty March 11 to charges of bank fraud and tax evasion, according to a report by Springfield, Massachusetts, TV station WWLP.

Rosa stood accused of diverting $2.6 million in school funds for his own personal use, and then covering up the theft by recording the outlays as business expenses on the school’s books. Tax fraud charges arose from tax returns that Rosa filed on the basis of the false financial records.

Federal prosecutors said Rosa used the stolen money to build a house for himself, gamble, and buy “clothing, footwear and accessories,” according to the WWLP report.

Sentencing is scheduled for May 29. Rosa could be sentenced to up to 30 years in prison for bank fraud, and five years for tax fraud. He also faces restitution fines.

Last month, former Hallmark Institute vice president Gregory Olchowski was sentenced to 6 months in federal prison for tax evasion, according to news site MassLive.com. Olchowski was charged with hiding from the IRS $200,000 in money transfers from the “former president” of Hallmark Institute to cover Olchowski’s personal expenses. Although that former president isn’t named in court papers, Olchowski worked at Hallmark when Rosa was president of the school.

Rosa’s financial and legal troubles began several years ago when he borrowed money to fund projects at Hallmark Institute from People’s United Bank  (PUB) in Springfield, Massachusetts. The bank, which was Hallmark’s largest creditor, ended up taking control of the school in 2009 when Rosa began defaulting on the loans. PUB then sold Hallmark Institute to Premier Education Group in Philadelphia.

Premier Education Group kept Rosa on as president of the school until 2012. According to a report from Daily Hampshire Gazette, Ed Martin, the school’s current president, said in a statement on March 12 that Rosa “separated from the company in August of 2012 in light of personal and business issues” that occurred before Premier took over the school.

Rosa filed for personal bankruptcy protection, also in 2009. In early 2010, PUB sued Rosa to prevent the bankruptcy court from discharging Rosa’s $2.2 million debt to the bank. In its lawsuit, the bank alleged that Rosa kept two sets of books at Hallmark Institute to hide assets from the bank and divert money for his personal use.

The bankruptcy court eventually declared Rosa in default of the loans for failure to respond to the bank’s fraud claims against him. The bank’s claims also attracted the attention of federal prosecutors, who ended up filing the criminal charges.

Related:
$3.6 Million in Debt, Photo School President Faces Fraud Charges

Photo School President Fails to Answer Fraud Charges

Bankruptcy Won’t Protect School President from $2.4 Million Debt

The Art Institutes: Legitimate Photo Schools or Accessories to Fraud?

March 20th, 2014

Appeals Court Says Streamlined Photo Copyright Registration Procedures Are Legal

A federal appeals court has re-instated stock photo agency Alaska Stock’s copyright infringement claim against textbook publisher Houghton Mifflin, reversing  a lower court decision to dismiss the case on the grounds that the stock agency had registered its images improperly.

The decision means that Alaska Stock now gets the opportunity to try its copyright claims in court.

The case is a also victory for photographers and other copyright owners because it upholds a streamlined process for registering images in bulk as a collected work. Specifically, the court affirmed the authority of the US Copyright Office “to grant registration to individual stock photographs within a collection where the names of each of the photographers, and titles for each of the photographs, were not provided on the registration forms.”

“The livelihoods of photographers and stock agencies have long been founded on their compliance with the Register’s reasonable interpretation of the [copyright] statue,” the US Court of Appeals for the Ninth Circuit said in its decision. “Denying the fruits of reliance by citizens on a longstanding administrative practice reasonably construing a statute is unjust.”

The ruling came in the case of Alaska Stock v. Houghton Mifflin Harcourt, which began in 2009 when Alaska Stock sued the publisher for using Alaska Stock images well beyond the scope of the original usage license. In particular, the publisher “greatly exceeded” the print run limit of the license it had paid for.

Houghton Mifflin challenged the claim on the grounds that Alaska Stock had improperly registered the images in question. (Federal law requires valid registration of any copyrighted work that is the subject of a federal copyright claim.)

Alaska Stock had registered the images in bulk, as a catalogue, listing names of only three photographers, and describing the images in general, but not listing a title for each photograph.

The district court agreed with Houghton Mifflin that Alaska Stock’s registration was “defective” because the agency had not provided the names of each of the photographers and the titles of each of the photographs in its registration application, as required “unambiguously” by law, according to the district court decision.

But the appeals court overturned that decision because it conflicted with a long-standing practice by the Register of Copyrights, undercut the legal authority of the Register of Copyrights to establish procedures of copyright registration–and amounted to a misreading of copyright law by the district court.

The appeals court noted that for more than 30 years, owners of collected works–notably magazines and newspaper publishers–have been legally registering both the collected work and the individual underlying works with one application, without listing all the authors or titles of the individual works. To do otherwise would put an undue burden on applicants and the Register of Copyrights, the court noted

The one caveat to that practice is that applicants for registration must own copyright to the collected work and all the underlying works, the appeals court noted.

In its decision, the appeals court also validated a 1995 letter from the Register of Copyright to the Picture Agency Council of America (PACA) prescribing a method for registering large catalogues of images. “The Register agreed that a stock agency could register both a catalog of images and the individual photographs in the catalog in one application if the photographers temporarily transferred their copyright to the stock agency for the purposes of registration,” the appeals court said in its ruling.

Alaska Stock did exactly that, asking its photographers to transfer copyrights to the agency for the purpose of registering the images in bulk, and then filing a registration application for a CD catalogue of images. (The agency arranged to transfer copyrights back to the photographers after the registration was completed.)

In reviewing the registration requirements spelled out under copyright law, the appeals court said the law requires only that copyright owners provide a title of the collected work and a description (not titles) of the underlying works. Alaska Stock met that requirement, the appeals court said, by registering the images as a collected work called “Alaska Stock CD catalog 4,” and by identifying the underlying works as “CD catalog of stock photos” on its registration form.

The appeals court said the statue requires the name of the author of “the work”–ie, the collected work, not every author of the the individual works. The stock agency met the requirement by listing itself [Alaska Stock] as the author of the collective work, the appeals court said.

The appeals court noted that Houghton Mifflin’s arguments have prevailed in several district court decisions in other similar cases, “but we do not agree with them,” the appeals court added.

In those cases, the courts threw out copyright claims because the registrations were “defective,” i.e., they did not list all the image authors and image titles.

Three of those cases were filed in the Ninth Circuit. One case was settled; two others are under appeal, and will probably be re-instated because of the Alaska Stock decision. “Judges in the Ninth Circuit have to follow the ruling of the court of appeals” in that circuit, says Maurice Harmon, who represents the plaintiffs in all the cases, including the Alaska Stock case.

A fourth case is on appeal in New York, which is in the Second Circuit. Judges there are not bound by the Ninth Circuit decision in the Alaska Stock case. But Harmon believes judges in other circuits “will take it into consideration.

“We think that at the court of appeals level, we’re starting to get momentum for all of these cases,” he adds.

Harmon also says, “It galls me that these [textbook] publishers, who use compilation registrations [to protect their own works], would turn their backs on the very thing they rely on to win a technical victory to take the courthouse keys away from photographers.

“But they know that once a photographer gets in the door of the courthouse, the publishers are not going to get away with this copyright infringement.”

Related:
After Flouting Print Run Limits, Publisher Faces Dozens of Lawsuits

March 19th, 2014

Richard Prince Settles with Photographer Patrick Cariou

One of Patrick Cariou's photographs, altered by Richard Prince

A fair use alteration of one of Patrick Cariou’s photographs, by Richard Prince.

Artist Richard Prince has paid an undisclosed sum of money to photographer Patrick Cariou to tie up the loose ends of their five-year copyright battle, The New York Times has reported.

Prince previously won an appeals court decision in 2013 dismissing most of Cariou’s copyright infringement claims. Cariou had alleged infringement of 30 images from his book Yes, Rasta that Prince had appropriated for a series of paintings. Most of the paintings sold through Prince’s gallery, fetching more than $10 million dollars.

The US Court of Appeals for the Second Circuit, located in New York City, ruled that 25 of Prince’s works qualified as fair use of Cariou’s photographs because Prince transformed them with “an entirely different esthetic.”

But the appeals court declined to rule on Prince’s fair use defense for the remaining five works, and sent the case back to a lower court for further consideration of Cariou’s claims surrounding those five works.

The settlement resolves Cariou’s claims related to those five works.

The lower court had originally ruled in Cariou’s favor on all of his claims, because Prince wasn’t commenting on Cariou’s photographs or otherwise referencing their original meaning in his paintings; he was simply using Cariou’s photographs as raw material.

The appeals court’s decision favoring Prince remains controversial. While many in the art community have applauded the decision, many photographers contend that it unfairly expanded the boundaries of fair use, and made their images more vulnerable to appropriation as raw material by other artists.

Related:
Supreme Court Declines to Hear Patrick Cariou’s Claim Against Richard Prince
Richard Prince Did Not Infringe Patrick Cariou’s Photos, Appeals Court Says
In Cariou v. Prince, An Appeal to Clarify a Crucial Fair Use Boundary
Appropriation Artist Richard Prince Liable for Infringement, Court Rules

March 17th, 2014

Photographers Could Get Royalties on Auction Sales Under Proposed Federal Bill

Few things are as frustrating to photographers as selling a print for a few thousand dollars–or less–then watching collectors reap huge profits by re-selling those same prints at auction years later for tens of thousands of dollars–or even more.

Two US Senators and a US Congressional representative have introduced a bill to cut visual artists in on that action with a 5 percent royalty on the price of visual works re-sold at auction. If it becomes law, the bill would apply only to works sold by auction houses–not by private individuals or dealers–and only when the auction price of a work exceeds $5,000, according to a report on the Art Law blog of Frankfurt, Kurnit, Klein & Selz (FKK&S), a New York law firm.

The auction royalty would be capped in 2014 at $35,000 for each sale. The cap would be subject to an inflation adjustment every year after that, according to the FKK&S report.  Auction houses would be obligated to collect the so-called auction royalty, and subject to civil claims from artists if they fail to collect and pay the royalty.

The bill, called the American Royalties Too Act (ART Act), was introduced last month in the Senate by Tammy Baldwin (D-WI) and Ed Markey (D-MA), and in the House by Congressman Jerrold Nadler (D-NY).

“American artists are being treated unfairly,” said Nadler in a prepared statement. “The benefits derived from the appreciation in the price of a visual artists’ work typically accrues to collectors, auction houses, and galleries, not to the artist.”

He noted that visual artists in 70 other countries are compensated when their works are re-sold at auction.

Unable to collect royalties from the re-sale of existing prints that have increased significantly in value, US photographers sometimes respond by issuing new limited editions of their prints–in different sizes or using different printing processes from earlier editions.

That practice angers collectors. For instance, William Eggleston created limited-edition digital inkjet pigment prints of some of his most iconic images, and earned $5.9 million by selling them at a Christie’s auction in March, 2012. He was promptly sued by financier Jonathan Sobel, a long-time collector of Eggleston’s vintage dye-transfer prints. Sobel alleged that the new prints devalued Sobel’s dye transfer prints and amounted to a breach of contract on Eggleston’s part.

Sobel eventually lost the legal fight, although he had the sympathy of dealers and gallerists who worry that photographers could harm their reputations and the market for photographic prints if they anger collectors by issuing new editions.

The ART Act, if it becomes law, could help reduce incentive to issue new editions by giving photographers another way to profit from the dramatic rise in the value of their work.

But success of the bill is by no means assured.

Nadler introduced a similar bill in 2011 that died in committee. The US Copyright Office, which was opposed at the time to instituting resale royalties for visual artists, has since changed its position on the matter, according to the FKK&S report. But collectors and auction houses are certain to object to paying royalties to artists. And the ART Act seeks to change a long-entrenched principle of copyright law called the First Sale doctrine, which  allows buyers of copyrighted works to do with them as they please, with no obligation to the artists who made them.

Related:
Collector Sues Eggleston Over New Prints of Limited Edition Works

Q&A: Art Collector Jonathan Sobel Explains His Beef with William Eggleston

What Does Limited Edition Really Mean? (subscription required)

March 12th, 2014

Model Release Lawsuit Survives Getty’s Challenge

A New York state judge has cleared the way for a lawsuit by a model who is accusing Getty Images of commercial use of her likeness without a model release.

State supreme court judge Ancil C. Singh rejected last week a request from Getty to throw out model Avril Nolan’s claim on First Amendment and other grounds.

Nolan sued Getty last September after her picture appeared in a public service ad promoting services for HIV-positive people. The ad, published in a free daily called AM NY, showed a picture of Nolan with the headline “I am positive (+) and I have rights.”

The ad was placed by the New York State Division of Human Rights, which licensed the image of Nolan from Getty. The photograph was shot by Getty contributor Jena Cumbo, according to court documents.

Nolan alleges that she didn’t sign a model release for the image, so Getty was in violation of New York’s right of publicity law not only for licensing the image for use in the HIV ad, but also for displaying the image on its web site.

New York state law prohibits use of a person’s likeness for advertising or trade purposes without written consent, i.e., a model release.

Getty countered in its motion for dismissal that displaying the images on its web site for licensing to third parties does not constitute advertising or trade use under the state’s right of publicity law. The agency also claimed a First Amendment right to display images for license to third parties. And it argued that Nolan should sue the State of New York, not Getty, since it was the state that used the image for advertising purposes, allegedly without consent.

But the judge concluded that Getty’s defenses are questions for a jury to decide.

The ruling was against Getty’s motion to dismiss the lawsuit, and not a ruling on the merits of Nolan’s claims.