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April 3rd, 2015

Photographer Openly Ridicules Band’s Request For Free Images

Portrait photographer Pat Pope, who has worked with many top musicians during his 20-year career, has published a snarky open letter to alternative rock band Garbage criticizing their attempt to gain free use of his images for their book.

Among Pope’s pointed questions: “Do you think ‘content providers,’ whatever the hell that means, deserve to be paid for their work, or is that a special category for musicians?”

Garbage was formed in 1993 and has sold more than 17 million records worldwide. (more…)

March 18th, 2015

Nike Seeks Dismissal of Photog Rentmeester’s Copyright Claim over “Air Jordan” Logo

© Jacobus "Co" Rentmeester

Co Rentmeester sued Nike in January for unauthorized use of this 1984 image to create the “Jumpman” logo used for decades to promote Nike’s Jordan brand.  © Jacobus “Co” Rentmeester

The Nike shoe company has asked a federal court to dismiss photographer Co Rentmeester’s copyright claim over the iconic logo used on Jordan brand sneakers and clothing, on the grounds that the Nike logo is substantially different from Rentmeester’s photo of former basketball star Michael Jordan.

Rentmeester says the company illegally created its so-called “Jumpman” logo from a photograph Rentmeester shot in 1984. Nike, which has used the logo for more than 25 years, called Rentmeester’s claim “baseless.” The company is accusing Rentmeester of trying to claim a monopoly on images of Jordan’s trademark slam-dunk move. And Nike argues that its iconic logo copied none of the “protectable” elements of the Rentmeester photograph–ie, camera angle, lighting, background and other elements of expression that are protected by US Copyright law.

The alleged "Nike copy" of Rentmeester's 1984 image.

The alleged “Nike copy” of Rentmeester’s 1984 image.

Rentmeester filed his copyright infringement claim in January in US district court in Portland, Oregon. He alleged that Nike had based its “Jumpman” logo on an image made by the company that illegally copied Rentmeester’s 1984 photo. Rentmeester had made his image for Life magazine. His image, the Nike “copy” image and the Nike logo all depict Jordan in a move for which he was famous: sailing through the air on his way to slam dunking a basketball.

Nike had temporarily licensed the Rentmeester image in 1984. Rentmeester alleges that Nike copied the image while it was in the company’s possession. He also says Nike paid him $15,000 in 1985, after he complained Nike was infringing his photograph by plastering the “Jumpman” logo all over billboards and posters promoting Air Jordan sneakers. The payment allowed for use of the image for two years in North American markets only, according to Rentmeester’s claim, but Nike has continued to use it ever since. (more…)

December 23rd, 2014

PDNPulse: Top Stories of 2014

As another fascinating year in the world of professional photography comes to a close, we look back on the stories that drew the most interest from PDNPulse readers this year.

From manipulated news photos, to photographers arrested for doing their jobs, to collaborative efforts between photographers and an interview with one of photography’s most influential star makers, these stories capture some of the highs and lows of the photography business today.

1: George Steinmetz Wonders: Was It Worth Getting Arrested for National Geographic Cover Story Photos

2: 2014 Winter Olympics Op-Ed: Everything You’ve Read About Problems for Photographers in Sochi is True

3: PDN Video: Lens Blog’s James Estrin’s Career Tips for Photojournalists

4: Photographers Share Intimate Images of Loved Ones for Curated Photo Website

5: AP Severs Ties With Photographer Narciso Contreras Over Photoshopped Image
5a: Photographer Fired by AP Says Decision Was Fair, But Process Wasn’t

6: How Much Do Editorial Clients Pay? “Wiki” Gives Names and Fees

7: If that Kim Kardashian Photo Looks Familiar…

8: Calumet Photographic to Liquidate, Closes U.S. Stores

9: Photographer Creates Free iPhone App for His Signature Style

10: Wal-mart Sues Photographer’s Widow Claiming Copyright for Decades of Portraits of Walton Family

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

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

13: AP Photographer Anja Niedringhaus Killed in Afghanistan

14: Cowboy Lifestyle Photographer David Stoecklein Dies, 65

15: Photojournalist Camille Lapage, 26, “Murdered” in Central African Republic

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 2nd, 2014

“How Come This Stuff Isn’t Animated?” The Story of Mr. GIF

Pop star Miley Cyrus and the rapper 2 Chainz backstage at Jeremy Scott's S/S 2015 show at New York fashion week. © Mr. GIF

Pop star Miley Cyrus and the rapper 2 Chainz backstage at Jeremy Scott’s S/S 2015 show at New York fashion week. © Mr. GIF for Milk Made

Mr. GIF wants to animate the Internet. The creative duo has made photographing and illustrating GIFs—the 27-year-old bitmap image format that supports crude animation—their calling card. They’re the team that Marc Ecko, Evian and Transamerica tap when they need to quickly make strong, easily shareable moving images for whatever they’re selling. In just a few short years, they evolved from a pair of daydreaming MTV plebes to shooting Miley Cyrus and 2Chainz backstage at fashion week. To them, still images that move were obviously taylor-made for the Internet and its thousands of screens. But can you really make a career of making GIFs?

The duo, Jimmy Repeat and Mark Portillo, are college buddies. They studied advertising design together at the Fashion Institute of Technology. Their studies were almost irrelevant—Portillo didn’t even finish—but the renowned art and design school is where the two would meet. Less than seven years later, they would quit their jobs to make GIFs—the full-time for clients like and others. Even an insurance company.

Having gone their separate ways after school, Repeat and Portillo reconnected under the umbrella of Viacom, at MTV’s “Geek” vertical, which covers cartoons, comics and videogames. Doing research for work, they devoured the same comics, but were struck by the format’s limitations.

Maria Sharapova for Evian at the U.S. Open © Mr. GIF

Maria Sharapova for Evian at the U.S. Open © Mr. GIF

“We were like, ‘How come this stuff isn’t animated yet?’” Portillo remembers. “We read Akira and we were like, “If this background was giving me seizures, it would be so much better.’”

So they dreamed up a GIF comic over smoke breaks outside Viacom’s Times Square HQ, and quickly learned why animation was so expensive (it’s a lot of work!). They abandoned the book idea, throwing the frames they’d finished up on Tumblr. But they were having fun. Illustrations gave way to photos, and a thought: “How is the GIF better than the JPEG?”

“We saw the potential,” Repeat says. “Everywhere you look, there’s a screen.”

As relative neophytes—Repeat especially—they were intrigued by the technology of photography. They experimented with odd cameras well-suited to the medium; at first, digital models like the Fujifilm FinePix Real3D W3, but they would later become obsessed with the aesthetics of analog. Toy cameras like Lomography’s Pop 9 (a nine-lens camera that makes nine exposures at once) and ActionSampler (four lenses, four consecutive frames), even 3D film cameras like the Nimslo 3D. The multi-exposure cameras helped streamline their workflow—helpful, as they had to develop and scan each frame to animate their GIFs. They found creative ways to merge digital and analog, using a DSLR to make time-lapse clips of instant film as it developed. They have a lot of cameras.

Marc Ecko, founder of Eckō Enterprises, Mr. GIF’s first big client. © Mr. GIF

They spent their nights and weekends making GIFs and posting them to Tumblr for free. It wasn’t long before Mark Ecko came calling (tweeting, actually) with their first paid gig, animating his upcoming TEDx presentation. They powered through it in three days. “I think we made 200-300 GIFs in one night,” Portillo says. “It was intense.”

“That was the beginning of the end for our day jobs,” Repeat says. “Like, ‘Oh, this is what a good client’s like?” Ecko dug the work, and they started to get more gigs. They GIF’d the U.S. Open for Evian, and fashion week for Tumblr. By 2013, they had quit MTV, and would soon score a huge project: a year-long Tumblr promoting the San Francisco-based insurance company Transamerica’s “Transform Tomorrow” campaign.

The pair convinced Transamerica to send them across the country making GIFs of America’s cities. They flew drones over rooftop gardens in Detroit, Mt. Rushmore in South Dakota and, of course, San Francisco and the iconic Transamerica building. They booked a room at a luxury hotel with the perfect view for a 24-hour time-lapse of the skyline. Transamerica was skeptical of the format—until they saw the popularity of the first clip they posted. Now, when you go to www.transformtomorrow.com, their fancy hotel view of San Francisco graces the background, the current time of day reflected by the time of day in the 24-hour time-lapse they made.

A time-lapse GIF of the San Francisco skyline, that Mr. GIF made for Transamerica, prominently featuring their iconic headquarters. © Mr. GIF

A time-lapse GIF of the San Francisco skyline, that Mr. GIF made for Transamerica, prominently featuring their iconic headquarters. © Mr. GIF

Now certified pros, they’re still almost instinctively inventive with their resources. When a client that was supposed to fly them out and put them up in Austin, TX, to shoot a SXSW panel told them that they had to pay their own way, they got their drive down to Texas sponsored. Their friends at Tumblr would connect them with Transamerica, but it was the GIFs they shot on the trip to Austin that would help them land the gig. When a job for St. Ives took them to Hawaii, they stayed an extra week and shot Honolulu for Transamerica. Since they like to shoot film (which is expensive to buy and process), rather than go to a professional processing house, they trained the local CVS employees how to prep and cut their negatives, adding a healthy tip for their trouble.

One thing they learned early on is that new work leads to new work. They needed to show clients they could make the work, so before they had paid work to show, they just did it for free, and for fun. The fun shows up in the work, and it works.

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)

August 4th, 2014

In Image Library for American Airlines, Erik Almås Discovers His Other Style

It’s a challenge for photographers to evolve creatively and keep up with the changing tastes and expectations of the market, while maintaining their brand identity. But photographer Erik Almås happened upon a new style while shooting for American Airlines, and he’s now using it to reposition himself.

Over the past 18 months, he has shot a number of assignments for the airline’s print campaigns and corporate image library, photographing everything from interiors to runway and in-flight beauty shots of jets. The shoots included two days with a Boeing 777-200. It was a big deal for the airline to take the plane out of service, Almås says, so he took advantage of it. “I had the camera going whenever I had the chance,” he tells PDN through his rep, Bennie de Grasse at Vaughan Hannigan.

An image for American Airlines' branding campaign. ©Erik Almås

An image for American Airlines branding campaign. ©Erik Almås

The images he produced for AA campaigns are tightly controlled, and reflect the hyper-real style for which he’s known. But while he was re-visiting his AA archive in search of images for his portfolio, he discovered that he had two separate bodies of work: the “studied” work used for the AA branding, and “more random shots” that amounted to unintentional personal work. The latter are quiet, contemplative images that Almås recently described in his blog as “the moment between the moment[s]” that comprise an “alternative narrative” to the campaign images. They were “somewhat unexpected for my style of image making,” he wrote.

He’s been posting those images on his Instagram feed every time he boards a flight to an assignment, which is frequently–he traveled 270 days last year. “Instead of posting the classic pictures of clouds out of the plane window with the wing in the corner on social media I would go through the American Airlines images and post some of those instead,” he tells PDN.

©Erik Almås

©Erik Almås

The process of reviewing his files with Instagram in mind “has brought a great awareness to how I edit,” he says. And Almås and his agent are now capitalizing on his more personal style.

The interest among advertisers in an “amateur” (i.e. “snapshot”) style “is accelerating due to the advancing of smartphone and camera technology,” de Grasse explains in an e-mail. “People are beginning to get used to this look and feel,  which creates a growing need for more images for more platforms.”

Almås adds that clients now expect photographers to shoot motion, behind the scenes images, and social media content–in addition to images for print campaigns. “If I can [let clients know] that I can give them all of this as a content provider I’m in a good place for the changes we already see happening,” he says.

©Erik Almås

©Erik Almås

©Erik Almås

©Erik Almås

April 22nd, 2014

Video Pick: In Bed With Chanel

Laurel Pantin in Chanel from Ann Street Studio on Vimeo.

It’s not easy to create an engaging video, let alone a brief, engaging video. Jamie Back and Kevin Burg of Ann Street Studio recently did just that with this 15-second flick featuring Lucky Magazine market editor Laurel Pantin in a big white bed wearing colorful fashions from Chanel’s Spring/Summer 2014 collection. The video is part of a collaboration between Ann Street Studio and Chanel. The brand reached out to Beck and Burg, who are best-known for their creation of Cinemagraphs, as part of their marketing for their new collection, Burg told PDN via email.

The concept for the video “came together organically,” Burg says, evolving from the still-image shoot they did with Pantin. “On set we were thinking about motion, and I had the idea that she could change outfits after every time she pulled the covers over herself. And then we had fun with it. Jamie would be at her feet pulling [the covers] off her, like a parent waking their kid up when they want to sleep in.” The idea to show a new outfit for each day of the week, Burg says, “came together in the editing process, and it became this kind of ‘waking up for school’ idea… in luxury fashion.”

The images and video were featured on the Ann Street Studio site and social media channels. The video was created with Instagram in mind, hence the 15-second length. Brands often ask Ann Street Studio to create editorial-style work and release it via their channels, Burg says. “Sometimes brand work is for [the client] and sometimes it’s exclusively published by us.”

Related: Building a Better GIF

April 3rd, 2014

In Fight Over Anti-Gay Ad, Misappropriation Claims Are Dismissed

©Kristina Hill

©Kristina Hill

A federal court in Colorado has ruled that the unauthorized use of a gay couple’s engagement photo in a political attack ad was protected by the First Amendment. But the judge in the case rejected a request by defendants to throw out the photographer’s copyright infringement claims on fair use grounds.

Photographer Kristina Hill and her wedding photography clients, Brian Edwards and Thomas Privitere, sued conservative advocacy group Public Advocate of the United States (PAUS) in 2012 for unauthorized use of an engagement photo of Edwards and Privitere in political attack ads.

The ads, showing an image by Hill of Edwards and Privitere kissing each other, were part of a PAUS campaign to defeat two Colorado lawmakers who supported same-sex marriage.

Hill sued for copyright infringement because PAUS used the photo without her permission. Edwards and Priviter claimed misappropriation of their likeness for commercial purposes, in violation of their privacy and Colorado’s right-of-publicity laws.

gay-attack-adBut the court has thrown out the couple’s misappropriation claims on the grounds that the political ads were “primarily non-commercial,” and that they “reasonably relate to a legitimate matter of public concern”–same-sex marriage. Therefore, free speech rights of the First Amendment barred the couple’s misappropriation claim, federal judge Wiley Y. Daniel wrote in the decision.

However, Judge Daniel rejected a motion by PAUS to dismiss Hill’s copyright infringement on fair use grounds, ruling that the ads didn’t pass the standard four-pronged test for fair use.

The first factor, relating to the character and purpose of the unauthorized use,  went against the defendants for two reasons. Language of the copyright law protecting unauthorized use for educational purposes “suggests that the educational purposes contemplated by the statute’s drafters relates to schooling, not mailers circulated during an election,” the judge wrote.

Furthermore, he explained in his decision, “while the defendants placed the lifted portion [of the image] in a different background and placed a caption on the mailer, such actions cannot be characterized as ‘highly
transformative.’”

Other prongs of the fair use test also went against the defendants. For instance, the image is a creative work, not merely informational, which mitigated against a fair use finding, Judge Daniel said. And he rejected the defendants’ argument that they used only used a small part of Hill’s image, countering that they used the qualitatively most significant part, which shows the subjects kissing.

“I find that the plaintiffs have stated a plausible copyright infringement claim under the Copyright Act,” the judge concluded.

The ruling allows Hill to proceed with her copyright infringement claims, and was not a final decision on those claims.

A trial date has been set for January 26, 2015.

Related:
Anti-Gay Group Sued for Unauthorized Use of Photo in Attack Ads

Anti-Gay Group Pleads Fair Use, Free Speech in Infringement Case

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)