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June 23rd, 2014

Photographer Wins $2,501 for Infringement in Anti-Gay Attack Ad Case

 

©Kristina Hill

©Kristina Hill

Photographer Kristina Hill has won a $2,501 judgment for copyright infringement against Public Advocate of the United States, ending a federal case in Colorado over unauthorized political attack ads. The judgment was entered June 4 in the US District Court in Denver.

Hill and her wedding photography clients, Brian Edwards and Thomas Privitere, sued Public Advocate of the United States in 2012 for unauthorized use of an engagement photo of Edwards and Privitere in political mailers produced in 2011 to defeat two Colorado lawmakers who supported same-sex marriage.

The mailers show images of Edwards and Privitere kissing each other. They were created from an engagement photo of the couple that the defendants found online and used without permission.

Kristina-Hill-Attack-AdHill alleged copyright infringement for unauthorized use of her photograph. Edwards and Priviter claimed misappropriation of their likeness for commercial purposes, in violation of their privacy and state right-of-publicity laws.

The court dismissed the couple’s misappropriation claim in March on the grounds that the ads were primarily non-commercial, and because they related to a matter of public concern. Therefore, free speech rights under the First Amendment shielded the defendants from the couple’s claim, the court said.

But the judge rejected Public Advocate’s motion to dismiss Hill’s copyright infringement claims on fair use grounds, because the ads didn’t pass the legal tests for fair use.

According to court papers, Public Advocate finally agreed to accept a declaration from the court that it had infringed Hill’s copyright, “without any finding or admission that such infringement was ‘willful’” under federal copyright statutes.

Public Advocate agreed to pay Hill $2,501 to cover costs related to her claim. The judgment agreement notes that Hill was not entitled to attorneys’ fees because she didn’t register her copyright in the disputed image before the infringement.

For the same reason, she was not entitled to statutory damages, but was limited to actual damages, which tend to be much lower than statutory damages.

Hill was not immediately available for comment.

Related:
In Fight Over Anti-Gay Ad, Misappropriation Claims Are Dismissed
Richard Prince Settles with Photographer Patrick Cariou

 

June 18th, 2014

Suffolk County Pays $200K to Settle News Photographer’s Unlawful Arrest Claim

Frame grab from Philip Datz's recording of an enoucnter with a police officer that led to his arrest. The officer shown here repeatedly ordered Datz to "go away." When Datz questioned the order, the officer said, "There's nothing you can hold over my head."

Frame grab from Philip Datz’s recording of an encounter with a police officer that led to his arrest. The officer shown here repeatedly ordered Datz to “go away.” When Datz questioned the order, the officer said, “There’s nothing you can hold over my head.”

Suffolk County, New York  has agreed to pay freelance news videographer Philip Datz $200,000 to settle civil rights claims stemming from Datz’s unlawful arrest for recoding county police activity on a public street in 2011. In addition, the Suffolk County Police Department (SCPD) will institute an ongoing training program for its officers to safeguard “the constitutional right of the public and press to observe, photograph and record police activity in locations open to the public,” according to the settlement terms.

The settlement agreement was approved by the Suffolk Count legislature yesterday.

“This settlement is a victory for the First Amendment and for the public good,” Datz said in a prepared statement posted by NPPA, which helped Datz make his Civil Rights claim. “When police arrest journalists just for doing their job, it creates a chilling effect that jeopardizes everyone’s ability to stay informed about important news in their community.”

Datz, a freelancer, provides footage for local TV news broadcasts. He was shooting the scene of an arrest of a criminal suspect in Bohemia, New York on July 29, 2011 when a county police sergeant approached him and repeatedly ordered him to “go away.” Datz asked where he should stand to continue taping, but the police sergeant said “no place” and threatened to jail Datz if he didn’t leave the scene.

Datz moved down the street and continued recording, and was promptly arrested. Police confiscated his camera and videotape. According to his lawsuit, Datz suffered a shoulder injury during his arrest, and was handcuffed to a police station desk for two hours before police charged him with “obstructing governmental administration.”

Datz recorded the moments leading up to his arrest, during which a police officer confronted him and told him he was prohibited from filming the scene, even from a distance. The officer repeatedly told Datz to “go away” repeatedly. Datz moved a block away, and when he resumed recording, the officer sped up to him in a patrol car and placed him under arrest.

Datz posted the video on YouTube afterwards, and prosecutors ended up dismissing the charges against him in August, 2011. Datz then sued, claiming his arrest was unlawful and that police had violated his First and Fourth Amendment rights.

Under the terms of the settlement, Suffolk County and the SCPD admitted no wrongdoing.

Related:
Police Intimidation Watch: Photog Sues a Long Island Police Department

NH Town to Pay $57K to Settle First Amendment Claim in Traffic Stop Video Case

PDN Video: A Photographer’s Guide to the First Amendment and Dealing with Police Intimidation

June 17th, 2014

NH Town Pays $57K to Settle First Amendment Claim in Traffic Stop Video Case

The town of Weare, New Hampshire, has paid $57,000 to settle a federal lawsuit filed by a citizen who was arrested in 2010 after attempting to videotape a traffic stop, according to a report by the New Hampshire Union Leader.

The settlement came after a federal appeals court in Boston affirmed the constitutional rights of citizens to record police during traffic stops, subject to some “reasonable” restrictions.

Plaintiff Carla Gericke claimed in her lawsuit that her First Amendment rights were violated because police charged her with federal wiretapping violations in retaliation for recording them during the traffic stop.

Gericke was in her car, following a friend who was driving another car, when Weare police pulled her friend over in a late-night traffic stop on March 24, 2010. From a nearby parking lot, Gericke waited for her friend–and told the officer who had pulled her friend over that she was going to videotape the encounter. She pointed her camera, but unbeknownst to the police officer, it failed to record.

The officer ordered Gericke to return to her car, and she complied. When another officer arrived at the scene, he asked Gericke where her camera was, but she refused to tell him. She also refused his request to produce her license and registration. She was arrested and charged with disobeying a police officer, and with “unlawful interception of oral communications”–the wiretapping violation.

After prosecutors declined to press those charges against Gericke, she sued Weare police for violation of her First Amendment rights. Police asked the court to dismiss her claim on the grounds of qualified immunity, arguing there was no clearly established right to film a traffic stop.

The lower court declined to dismiss the case, ruling that because the facts of the the case were in dispute, a jury–and not the court–had to decide whether police were entitled to qualified immunity.

Qualified immunity provides government officials “with breathing room to make reasonable but mistaken judgments,” according to court papers.

When the trial court declined to dismiss the case, police appealed.

The appeals court said police would be entitled to summary judgment if Gericke had not been exercising her First Amendment rights at the time of her arrest OR if a reasonable police officer could have concluded that she was not exercising those rights.

In determining that Gericke was exercising her First Amendment rights, The appeals court cited its own 2011 ruling in the case of Simon Glik v. Cunniffee, holding that “the Constitution protects the right of individuals to videotape police officers performing their duties in public.”

“Those First Amendment principles apply equally to the filming of a traffic stop and the filming of an arrest in a public park,” the court said.

Glik had been filming police officers making an arrest in a public park in Boston when he was arrested. He won a $170,000 settlement from the City of Boston in 2012 for violation of his Civil Rights.

In considering whether a reasonable police officer could have concluded that Gericke was not exercising her First Amendment rights, the appeals court noted that “Reasonable restrictions on the exercise of the right to film may be imposed when the circumstances justify them.”

Because traffic stops can be particularly dangerous to police, restrictions might be justified in some instances.  “Reasonable orders to maintain safety and control, which have incidental effects on an individual’s exercise of the First Amendment right to record, may be permissible,” the court said.

But according to Gericke’s version of events, the court found, “no such restriction was imposed or in place” because police hadn’t ordered her to leave the scene, or told her to stop recording.

“Thus, under Gericke’s version of the facts, any reasonable officer would have understood that charging Gericke with illegal wiretapping for attempted filming that had not been limited by any order or law violated her First Amendment right to film,” the appeals court said. (The court accepted Gericke’s version of the facts only for the purposes of deciding whether the case should be dismissed without a trial).

Moreover, the appeals court said, “A jury could supportably find that the officers violated her First Amendment right by filing the wiretapping charge against her because of her attempted filming of [the officer] during the traffic stop.”

Although police still had the option to appeal to the US Supreme Court or argue their case for qualified immunity before a jury, the town of Weare decided to settle the case. It was settled without any admission of wrongdoing on the part of police, according to the New Hampshire Union Leader.

Related:
Police Intimidation Watch: Boston to Pay $170,000 for Wrongful Arrest of Videographer
PDN Video: A Photographer’s Guide to the First Amendment and Dealing with Police Intimidation

June 9th, 2014

Obituary: Roger Mayne, Documentarian of London’s Post-War Working Class

"Southam Street, 1956" © Roger Mayne/Courtesy Quaritch

“Southam Street, 1956″ © Roger Mayne/Courtesy Quaritch

Roger Mayne, whose images of working class neighborhoods in London in the late 1950s established his reputation as an important post-war British photographer, died June 7th at the age of 85, according to a statement from Gitterman Gallery. The cause of death was a heart attack, the gallery says.

Mayne began photographing working class youth and neighborhoods of West London in 1956, two years after moving to the city to become a photographer. “For Mayne, even the empty streets and dilapidated buildings had ‘a kind of decaying splendor,’” says Gitterman. Mayne spent five years on the project, and his work captured the spirit of an era before London’s run-down neighborhoods were razed and modernized, destroying many of the working class communities in the process.

He was particularly interested in the lively youth culture–”teddy boys, jiving girl, and kids playing in the streets,” according to his Gitterman. “By 1959 Mayne’s images were so indicative of this period that Vogue used them to illustrate teenage styles.”

His work was recognized early by various photographic societies and institutions. In 1956, he had solo exhibitions at the George Eastman House in Rochester, and at the Institute of Contemporary Arts in London. During the late 1950s, his work appeared in a number of group shows. The Museum of Modern Art in New York and the Art Institute of Chicago also acquired prints of his work.

Mayne went on to a successful career as a freelance photographer, working for various magazines and newspapers. A solo exhibition at The Victoria and Albert Museum in 1986 renewed interest in his work, according to Gitterman. His work has since appeared in several exhibitions, including shows at the Tate Britain in 2004 and 2007. He had a solo last year in Bath, England at Victoria Gallery.

Mayne is survived by his wife, Ann Jellicoe, as well as by a daughter, a son, and their families.

June 6th, 2014

PDN Video Pick: Making Beautiful, Dramatic Video Portraits

At several Washington, DC schools, kids are interacting with infants as part of an innovative anti-bullying program, and Washington Post multimedia producer Brad Horn recently visited Maury Elementary school to shoot a story about it. Instead of approaching it as “a standard news story” with bright TV lighting and talking head administrators, Horn combined intimate interviews of kids talking about their own experiences with bullying and rich, out-of-the-ordinary video portraits.

Horn, whose work and advice we featured in our article “Create Smooth Video Tracking Shots on the Fly (And On a Budget),” talked to PDN about some of the lighting and tracking techniques he used to create the Maury School video.

PDN: How did you do the tracking shots?
BH: I used a [Kessler] Pocket Jib.

PDN: Did you operate it yourself?
BH: As a one-man band, I did. But they’re big and heavy. You have to be really strong and kind of crazy to do this by yourself. It took all my strength to move the jib around the school once I got it set up.  I had to carry everything up three flights of stairs. Then there was set-up time, and I had no idea how to use it. I was having to watch YouTube videos right there in the classroom to figure it out.

PDN: You’d never used a jib? Why did you suddenly decide to use it for this job?
BH: I like to spice things up. I love portraiture. if I want to marry portraiture and video portraiture–video portraits can be kind of static. After a while, you want to try something new. A lot of people use sliders, but they’re getting to be cliche–maybe not cliche, but they’re so common. I wanted to try something a little different, something cutting edge, and get people to notice.

PDN: What tips do you have for making good video portraits?
BH: You want to get far away with a long lens, to shorten depth of field and blow out the background. Also, pull the subject away from the background. Lighting is key, though. A lot of people are trained to do TV-style lighting: three lights, with even light across the face. It makes people too brightly lit, and it’s not cinematic, so I like to do Rembrandt-style lighting.

One of Brad Horn's video portrait set-ups at Maury Elementary school.

One of Brad Horn’s video portrait set-ups at Maury Elementary school. Photo by Carolyne Albert-Garvey

 

PDN: How do you achieve that?
BH: I use a Lowel Rifa-Lite eX88, which is pretty big. It’s a softbox. Then I have an egg crate that goes over [the] top of it [to control light spill]. I just use one light, and light subjects from the side, so there’s a  dramatic fall-off of light across the subject’s face. One side is noticeably darker.

PDN: The light and color have a rich, dark quality throughout the video in general. How did you get that?
BH: Mostly with the softbox. What took me probably too long to realize was not to mix daylight and tungsten. The tungsten lights are very warm. The trick is to use daylight-balanced bulbs. Then I mess around a lot with saturation: desaturating the dark colors, and saturating the light colors. I also increase the contrast. I’ll mess around with color balance as well. A lot of people tend to warm things up, but sometimes I make things cooler. So [the look] is the interplay of a lot of things.

PDN: Were there any other challenges to making this video that aren’t obvious from watching it?
BH: There was a whole sausage factory aspect to it. Bringing the Pocket Jib into the classroom, bringing a boy into a bathroom to film him. I had to explain a lot–that boy was bullied in the bathroom. The setting was important– but they’re still like, “You’re a grown man, bringing a kid into a bathroom.” When you have a strong vision, you’re going to get raised eyebrows. You just have to fight through it, and get to the heart of the story–in this case, the pain of being a kid.

Related article:
Frames Per Second: Create Smooth Video and Tracking Shots on the Fly (and On a Budget)

June 3rd, 2014

Photo Agencies Test Consumer Market with Prints–and T-shirts

One of seven images offered for sale in "Seven x 7 x VII-Print Flash Sale" this week. Photo © Ashley Gilbertson.

One of seven images offered for sale in “Seven x 7 x VII-Print Flash Sale” this week. Photo © Ashley Gilbertson.

In a week-long “flash sale” intended to raise cash for operations and test new ways of engaging with audiences, VII is offering signed 8×10″ prints for $100. Meanwhile, Magnum has announced a 67-hour flash sale of its own, offering signed 6×6″ prints for $100 starting on June 17. In addition, Magnum has struck a deal with Photo.Clothing to emblazon works by various Magnum photographers on t-shirts.

The ventures reflect a new reality for the venerable photo agencies, which have until now steered clear of mass consumer markets to protect their elite brands, and the high value of their members’ work. But their traditional markets and existing streams of revenue may no longer be enough, forcing them to test consumer markets.

“We had a pretty animated discussion about this at the [VII general meeting] in Paris, [and] some questioned whether their prints would lose value if they were to be involved,”  says VII Photo member Ashley Gilbertson.

“Many of us don’t believe that we live in a world that demands we choose to be squarely in the museum / collector side or selling to the public at a far more affordable cost. We can do both, and have been diligent in this sale and will be in the future to protect the higher end print market with edition prints and such.”

For one week only, VII Photo is offering signed prints by six photographers for $100 each. The photographers participating in the sale are Gilbertson, Antonin Kratochvil, Gary Knight, Ed Kashi, Christopher Morris, Anastasia Taylor-Lind, and John Stanmeyer. The sale began May 30 and ends June 6.

Gilbertson says all proceeds from the sale will go to support the business operation of VII, which were recently “slimmed down to give us a chance to grow in different ways.”

The sale lasts only a week because the agency doesn’t have the staff resources to sustain it on an ongoing basis. “Additionally, I think it’s more interesting as something that pops up and then disappears - the prints are an open edition, but there is an inherent value in the photographs only being offered for a short window,” Gilbertson says.

The agency is planning to do two more sales, each featuring the work of different photographers, “to eventually include everyone at the agency,” Gilbertson adds.

Gilbertson says selling images directly to the public expands the audience for VII photographers’ work. “Why should our work live in major collections alone? It shouldn’t. These images have just as much power on the wall, or even on the ‘fridge, in the home of a citizen. Communication is our game, and this is the right move that supports that goal.”

For its part, Magnum has announced a special offer of signed 6×6″ prints of a selection of photos to be announced in the days prior to the start of the sale on June 17. The agency, which did not respond to PDN’s repeated requests via phone and email for an interview, says the 67-hour sale is intended to commemorate its 67th anniversary.

Magnum has also struck a deal with start-up company Photo.Clothing to provide images by several photographers for reproduction on t-shirts. The t-shirts offered for sale so far through Photo.Clothing’s Kickstarter page feature images by Martin Parr, Chris Steele-Perkins, Bruce Gilden, Richard Kalvar and David Alan Harvey, according to the UK-based magazine Creative Review.

So far, seven backers have contributed about $400 toward Photo.Clothing’s Kickstarter goal of $20,000.

June 3rd, 2014

PDN Video Pick: A Year-Long Documentary Project for Stella Artois

Dustin Cohen’s “Made in Brooklyn” project is a character-driven video series about Brooklyn artisans, and after it went viral last year, Cohen started landing assignments. One was a year-long project for beer brand Stella Artois that is just coming to fruition in the form of a 26-minute documentary called “The Chalice Symphony.” It is about the design and construction of four one-of a kind instruments that use Stella Artois chalices to make musical sounds in different ways. At the center of the story is artist/engineer Andy Cavatorta, the instrument builder, and rock band Cold War Kids, which composed a symphony for performance on Cavatorta’s beer chalice creations.

The full video will be released during the next few weeks, but in the meantime, Cohen and Stella Artois have released a series of short, stand-alone excerpts, including the one shown here.

Cohen told us about the project in a brief interview:

PDN: What was the assignment from Stella Artois and the ad agency?
Dustin Cohen: It was to document Andy Cavatorta and his team building four instruments. It’s a process video, but character driven, from inception to completion of the instruments.

PDN: Did you storyboard it in any way at the outset?
DC: It’s documentary in nature, but knowing we had many months of filming in front of us, we had a brief outline of points we wanted to hit–the process of Andy making these instruments, the problem solving, working with his team, the band composing the song–but we didn’t draw out storyboard per se.

PDN: Did you expect it to take a year?
DC: It took longer to complete them than we had planned. There were a lot of elements that had to come together, and it went at its own pace.

PDN: Was your approach to shooting any different from the Made in Brooklyn videos?
DC: Visually speaking, it’s not different. But the scope of this was huge, so there were many more people involved–art directors and creative directors from the agency, and people at Stella Artois.

PDN: That sounds like a lot of bosses. Was that a problem?
DC: I wouldn’t call it a problem. For Made in Brooklyn, I had only myself to answer to. But when you sign up for a project like this, and money is on line, the opinions of other people matter, and some are people with a lot of weight. There were times when it was harder than others, but I’m super proud of the documentary we made.

PDN: What kind of crew did you have? Were you the DP as well as the director?
DC: It depended on the day, but most days, the crew was four or five people: two cameras, a sound person and a DIT (data tech/producer). I directed all the videos, and I grabbed a camera and shot a good amount of it. On a few days, the crew was triple that, when we needed beauty shots or had really important interviews where we needed lighting. We had three cameras, an art department, and grips.

PDN: What advice would you give someone else about to take on a big project like this?
DC: Surround yourself with people that care–production company and crew. There are so many things that change, and you’re going to want to put in so many more things than the budget allows. Having a project we were pumped on made the extra days and hours totally worth it. You’re going to work a lot harder and longer than you think. Be ready, be excited, and surround yourself with other people who are willing to do the same.

Related:
Personal Work That Lands Assignments: Dustin Cohen’s Made in Brooklyn Project (for PDN subscribers)

May 21st, 2014

Advice From the Trenches for Graduating Photography Students

Classes in photography can be a leg up to landing a job as an assistant or getting started in the photography business, but real-world experience often teaches practical lessons not taught in photo schools. What are the important lessons photographers didn’t learn in school, that photographers found themselves scrambling to make up after college?  We recently rounded up some advice for recent graduates (published on PDNOnline). We also asked photographers David Brandon Geeting, Cody Cloud and Andrew Burkle for their perspectives.

Geeting, a Brooklyn-based editorial photographer, graduated from the School of Visual Arts in 2011, and worked as a photo assistant and did other jobs before going into business for himself in 2012. Burkle, a food photographer shooting advertising for national brands, graduated from Ohio University in 2009, and worked as a photo assistant in Chicago before opening a studio last year in Cleveland with photographer David Hagen. Cody Cloud shoots fashion in Los Angeles with his partner, Julia Galdo. He earned his MFA from San Francisco Art Institute in 2005.

Here’s what they told us about the things they wished they’d learned in school, and their advice for new graduates.

What skills do you wish you’d learned while you were in school–but didn’t– that would have helped you most when you got out?

David Brandon Geeting: I wish I would have taken more studio classes and learned more lighting techniques. I shoot a lot of work in the studio now, and everything I do is totally self-taught. When I was in school, I just walked around with a 35mm point-and-shoot camera and made C-prints of off-kilter moments and funny trash on the street. I had no plans of shooting commercially – I thought I would make a living as an artist. I thought I’d be having solo exhibitions and publishing weird books. That is still the goal, but in the meantime I am doing the best I can to survive with self-taught techniques that I could have learned before graduating.

Andrew Burkle: I really wish I had gotten more input on how to price myself and bid on jobs. The problem was that we learned invoicing but not bidding, [which] is a hard skill to teach and standardize. In the beginning I was probably under bidding and getting work, but vastly under valuing myself as well as inadvertently lowering the standard cost for other bidding photographers.  I think that is a common young photographers mistake though. It is an important step to start pricing yourself correctly.  Even if that means losing out on some work.  If you know your work has value, you have to stick to your price.

Cody Cloud: I wish we would have learned more technical lighting and more Photoshop. Where I went to school they didn’t emphasize the technical side, and coming out of school, my [Photoshop] skills weren’t up to par for jumping into the real world. I assisted a long time. That’s how I learned to light. Julia [Galdo] does the Photoshop so the partnership works out good.

What advice do you wish you had gotten (or heeded) before you graduated?

Geeting: The best piece of advice I got in school was from Joseph Maida, my junior seminar teacher. The thing he said that stuck with me was, “No surprise for the writer, no surprise for the reader,” which is actually a Robert Frost quote, but it applies so well to photography. I didn’t pay much attention to these words at that time – I was too busy being a self-righteous college kid – but they were always in the back of my mind. Today, I might have a pre-conceived idea before I start shooting, and even if that idea is illustrated exactly as I had imagined in my mind, there’s a good chance that it won’t be very interesting to look at. If you are not surprised by what you are shooting as you are shooting it, no one else will be. Being able to adapt is so important. Leaving room for change and happy accidents is something I have built my practice on.

Burkle: I learned this eventually on my own: Very few [people], if any, will appreciate you. You have to work hard, work often and keep your head up. You will most likely be poor for a while. However, once you’ve proven to people that you are hard working, persistent, talented and easy to work with, the world will start to take notice.  This process can take a few months or even a few years.  Unfortunately, your degree in photography is for your own peace of mind.  The photo world estimates your worth in real-world experience.

What professional advice do you have for students who are just graduating?

Geeting: GET A BLOG. And update it every day. Make something every day. If you really love what you’re doing, it shouldn’t be a chore. You don’t need to spend a bunch of money on a leather portfolio or promo cards or whatever people think will get them noticed. Just make the work. And then get up the next day and make it again. If you are putting in the work, good things will happen to you. That’s just how the world works – the energy you exert will come back to return the favor. I really believe that.

Burkle: Keep on top of your technology–cameras, capture software, photoshop, new equipment and techniques, archiving software, etc.–and shoot as much as possible for yourself.  The latter seems obvious, but I fell victim to this early after graduating. When you start working 60 hour weeks for someone else and you don’t have much access to studio time, shooting for yourself becomes a struggle  very quickly.  FInd the time.  Work on weekends.  No one will hire you for the portfolio you “want” to create.  Clients hire photographers, not assistant with potential.

Cloud: I would tell students to work on talking about their work. In every meeting, you have to pitch your ideas. Clients need to hear exactly what you’re going to do and the reason for it. You have to articulate it so they can get it. That’s going to help you get jobs.

Related stories:
So You’ve Just Graduated With a Photography Degree. Now What?
What I  Didn’t Learn in Art School: Life Lessons from 10 Photographers (for PDN subscribers)
Creative Pitches That Land Advertising Clients
The Money Issue: Estimating 2.0: Bidding on an All-Media Library Shoot (for PDN subscribers)

May 20th, 2014

Open Society, Smith Memorial Fund, Burn Magazine, Boulat Association Calling for Grant Applications

The W. Eugene Smith Memorial Fund,  Open Society Foundations, Association Pierre et Alexandra Boulat, and Burn Magazine are all soliciting applications for major photojournalism grants. Deadlines are fast approaching.

The W. Eugene Smith Memorial Fund has issued its last call for entries for its $30,000 Grant in Humanistic Photography. There is a $50 application fee, and the deadline for entries is May 31.

The grant is awarded annually to a photographer whose past work and proposed project follows the documentary tradition of legendary photojournalist W. Eugene Smith. Recent winners include Robin Hammond, Peter van Agtmael, and Krisanne Johnson.

The W. Eugene Smith Memorial fund is also calling for entries for the $5,000 Howard Chapnick Grant, which is awarded for education, research, or special projects undertaken in support of the field of photojournalism. Applications for that grant are due July 15, and there is no application fee. See smithfund.org for full details.

The Association Pierre et Alexandra Boulat, based in Paris, has put out a call for entries for the 8,000 euro (about $11,000) Pierre & Alexandra Boulat Grant for photojournalism. The grant is given “in order to allow the winner to produce a story that has never been told but that the photographer cannot find support for within the media,” the association says on its web site. Past winners include Arnau Bach, Maciek Nabrdalik, and Lizzie Saadin.

Applications are due by June 7. There is no application fee. See the association’s web site for an application and guidelines.

The Open Society Foundations Documentary Photography Project is soliciting proposals for its 2014 Audience Engagement Grant program. The grants, in varying amounts, are designed to help documentary photographers and photo-based artists use their work to affect change by engaging with NGO partners to reach targeted audiences. The deadline for applications is July 8, 2014.

For the first time, OSF is awarding Audience Engagement Grants for training workshops, to help applicants develop their projects, as well as grants for project implementation. See the OSF web site for additional details and application guidelines.

Burn Magazine has announced a call for entries for its $10,000 Emerging Photographer Fund grant. There is a $25 application fee, and the deadline for entries is July 31. The grant, initiated in 2008 by Burn magazine founder David Alan Harvey, is intended to support the continuation of the winners’ personal projects. Past winners have included Diana Markosian, Matt Lutton, and Davide Monteleone. More information is available on the Burn magazine web site.

Related:

Open Society Announces 2013 Audience Engagement Grant Winners
Anatomy of a Successful Grant Application: Joseph Rodriguez on the Audience Engagement Grant (PDN subscription required)
Robin Hammond Wins $30,000 W. Eugene Smith Fund Grant

May 20th, 2014

Wal-mart Sues Photographer’s Widow Claiming Copyright to Decades of Portraits of Walton Family

Wal-mart Stores Inc. and the Walton family, which owns the company, have filed suit to force the widow of an Arkansas portrait photographer to hand over all prints, negatives and proofs of Walton family members made between 1950 and 1994, Professional Photographers of America (PPA) and the Arkansas Times reports. The widow, who reportedly had refused an offer of $2,000 for the pictures, has counter-sued, claiming she owns the copyright.

The Walton family is claiming the photographs belong to them because Bob’s Studio of Photography in Fayetteville made the portraits under the Walton family’s “supervision.” The Walton family says in its lawsuit that the portrait studio stored the photographs as a courtesy, according to the PPA and Arkansas Times reports. More than 200 photographs are in dispute, the reports say.

David Huff and his father, Robert A. Huff, owned Bob’s Studio of Photography. Both are now deceased.

The defendant in the case is Helen B. M. Huff, widow of David Huff. She is countersuing on the grounds that she owns copyright to the photographs because her late husband and his father shot the photographs as private contractors, using their own equipment. She is seeking an injunction against the Walton family and Wal-mart to force them to stop using the photographs without her permission.

A court date is set for July 7.