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July 21st, 2015

Taylor Swift Changes Photo Contract in Response to Online Outrage. Will the Foo Follow?

Jana Beamer | Flickr

Jana Beamer | Flickr

Evidently Taylor Swift doesn’t want there to be any bad blood between her 1989 World Tour and photographers. After an outpouring of internet outrage over her tour’s restrictive photo contract, Swift’s team has apparently relented.

Writing for Poytner, Benjamin Mullin notes that Swift’s team has removed elements that photographers had found objectionable:

According to a source who has seen the revised contract, Swift’s representatives are no longer empowered to forcibly remove images from the cameras of photojournalists. In addition, a stricture preventing photojournalists from using images taken at Swift’s concerts more than once has been loosened, allowing for some negotiation. And Swift’s representatives have agreed to credit photojournalists when the artist uses their photos.

Mashable has gotten a hold of the new contract and republished it here.

The changes were spurred by UK concert photographer Jason Sheldon and later by Mickey Osterreicher, general counsel for the National  Press Photographer’s Association, who has been speaking out against Swift’s contract since Sheldon’s open letter to Swift went viral.

Swift is not the only high-profile musician under fire for restrictive contracts.

The Washington City Paper refused to send a photographer to the Foo Fighters’s concert after writing that the Foo’s contract “sucked.” Instead, they commissioned a cartoonist to draw the band during the show. A Quebec paper, Le Soleil, followed suit.

Related: One Simple Way to Kill Restrictive Concert Photography Contracts

July 9th, 2015

How to Kill Restrictive Concert Photography Contracts

Gabbo T | Flickr

Gabbo T | Flickr

It’s boom times for concert photographers who want to complain about the terms of their contract. Jason Seldon’s public letter to Taylor Swift drew huge interest from traditional media companies, followed by the public calling out of the Foo Fighters by the Washington City Paper.

But, like a lot of online griping, the spilling of rage pixels rarely results in change.

Writing in his blog, the Norwegian photographer Jarle Moe argues that concert photographers wouldn’t be on the receiving end of unfair or overly restrictive contracts if they stopped thinking of themselves as concert photographers:

“If more, if not all, concert photographers identified as journalists and with the ethics that follow in their work, photo contracts would be a thing of the past. Signing a photo contract should be unacceptable, not because it’s disrespecting you as an artist, but because it’s a violation of the ethics you follow as a journalist.

So stop thinking about yourself primarily as an artist. You are a [photo]journalist. You may create art, but it’s more to it than that. You are a part of the freepress. Encourage new photographers to identify as journalists. Make the journalism be as natural to our profession as the artistry, and heed to the obligations that come with that label.”

Sound naive? According to Moe, Norwegian concert photographers banded together under a similar ethos:

“The Norwegian press as a whole, has made a joint statement to never sign any contracts put forward by artists or their management pushed forward by concert photographers, as can be read here. In Norway, most concert photographers are, in essence, photojournalists and identify more or less as such. And because of that, we are part of the press. We are not 100 concert photographers, but 7000 journalists.

Together we have a powerful voice. We generally do not meet any photo contracts, and the few we do, never gets signed. And because of that, contracts get fewer and fewer. With the press associations and unions behind us, we actually have a powerful voice against such demands, and the contracts get dropped (though, it has to be said that the local promoters have done tremendous work as well in that regard, but without all of the press acting like a collective, they would have no incentive to waiver the contracts). The aforementioned Foo Fighters contract? Guess what: that was not presented to the photographers in Norway. I can’t even remember the last time I “had” to sign a contract. That’s what having some integrity gets you.”

Sounds like an interesting strategy, but is it workable in a market as large and competitive as the U.S.?

July 6th, 2015

Not Just Tay Tay: Foo Fighters Called Out by Washington City Paper Over Contract Terms

A photo posted by Foo Fighters (@foofighters) on

Taylor Swift isn’t the only big-time musician to be called out for a restrictive photo contract. On July 2, the Washington City Paper took the Foo Fighters to task over a contract that they said “sucks.”

They wrote:

If we signed it, we would have agreed to: the band approving the photos which run in the City Paper; only running the photos once and with only one article; and all copyrights would transfer to the band. Then, here’s the fun part, the band would have “the right to exploit all or a part of the Photos in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all configurations” without any approval or payment or consideration for the photographer.

That is exploitation of photographers, pure and simple.

The paper’s editors say they protested the terms, only to be told by the Foo Fighters’ management that they were standard and that they “protect the band” — which is more or less the same response from the Taylor Swift camp after her contract came under fire.

Will publicly airing and criticizing the terms of a contract force a change? It’s too soon to tell, but we’re just one more story away from a bona-fide trend.

June 23rd, 2015

Court Rejects Rentmeester’s Infringement Claim Over Nike “Jumpman” Logo

© Jacobus "Co" Rentmeester

Rentmeester’s 1984 photograph of Michael Jordan for Life magazine. © Jacobus “Co” Rentmeester

A federal court in Portland, Oregon has dismissed photographer Jacobus “Co” Rentmeester’s copyright infringement claim against Nike for the same reason so many “copycat” infringement claims fail: Copyright law doesn’t protect ideas, only the expression of those ideas. And Nike’s expression was not “substantially similar” to Rentmeester’s, the court ruled.

“Mr. Rentmeester has failed to show that he can satisfy the requisite objective test for copyright infringement,” US District Judge Michael W. Mosman wrote in his decision last week to dismiss the case. Rentmeester has filed papers announcing his intent to appeal the decision to the US Court of Appeals for the Ninth Circuit. (more…)

June 22nd, 2015

Photographer Calls Out Taylor Swift for Apple Hypocrisy [Updated]

Taylor Swift is rapidly making a name for herself as the scourge of streaming music services, first lambasting Spotify and now, Apple Music, for giving musicians short financial shrift. In an open letter to Apple, Swift complains that the company won’t be paying musicians during a user’s three month free trial period with the service, calling it “shocking, disappointing, and completely unlike this historically progressive and generous company.”

But Swift’s ride atop the high horse may not last very long, and not simply because Apple appears to have done an abrupt about-face on the issue.

Photographer Jason Seldon read the fine print in the contract provided by Firefly Entertainment, Inc. (Swift’s management company) to freelance concert photographers and deemed it “a complete rights grab.”

Specifically, Seldon objected to two clauses:

Screen Shot 2015-06-22 at 9.05.26 AM

 

Writes Seldon:

How are you any different to Apple?  If you don’t like being exploited, that’s great..  make a huge statement about it, and you’ll have my support.  But how about making sure you’re not guilty of the very same tactic before you have a pop at someone else?

Photographers need to earn a living as well. Like Apple, you can afford to pay for photographs so please stop forcing us to hand them over to you while you prevent us from publishing them more than once, ever.

Seldon wasn’t the only photographer to cry foul.

 

Update: The BBC got a hold of Swift’s management, who defended their policy thusly:

“The standard photography agreement has been misrepresented in that it clearly states that any photographer shooting The 1989 World Tour has the opportunity for further use of said photographs with management’s approval.

“Another distinct misrepresentation is the claim that the copyright of the photographs will be with anyone other than the photographer – this agreement does not transfer copyright away from the photographer.

“Every artist has the right to, and should, protect the use of their name and likeness.”

April 22nd, 2015

PDN Video: How to Take Your Career to the Next Level

At a turning point early in his career, veteran celebrity photographer Brian Smith had a brazen (and slightly cringe-worthy) encounter with John Huston, the famous movie director. He got away with it–just barely. At the time, Smith was a staff photographer on assignment for the Orange County Register. He was trying to take his career to the next level, and the shoot with Huston was an object lesson in how to do that, as he explains in this video. (Smith is a Pulitzer Prize-winning photographer and author of Secrets of Great Portrait Photography.)

Related:
PDN Video: Photographer Brian Smith on How to Get a Striking Celebrity Portrait

PDN Video: Gregory Heisler on How to Relate to Portrait Subjects

PDN Video Pick: Miller Mobley’s Tips for Landing Clients

How Top Photographers Shoot Great Portraits

April 20th, 2015

PDN Video: Photographer Brian Smith on How to Get a Striking Celebrity Portrait


Nothing is more important on a celebrity shoot than engaging your subject, says photographer Brian Smith. “The lighting, the locations, and the props all matter, but if you’re not actually making a connection with the subject, the pictures really fall flat.” Smith, the author of Secrets of Great Portrait Photography and other books, has been photographing celebrities, athletes and executives for more than 30 years. In this video, he explains one of his best strategies for connecting with a celebrity on set.

Related:
PDN Video: Gregory Heisler on How to Relate to Portrait Subjects (Even If You Are Shy and Bumbling)
PDN Video: Brian Smith on How to Take Your Career to the Next Level
How Top Photographers Shoot Great Portraits

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

December 11th, 2014

Actor Says Paparazzi Are to Blame if They Get Punched

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

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

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

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

October 28th, 2014

PhotoPlus Expo 2014: On the Upbeat – A Conversation with Ben Folds

140312_tour_portraitMany PhotoPlus Expo goers will know Ben Folds from his day job as a multi-platinum selling singer/songwriter, touring solo artist and leader of the eponymous Ben Folds Five. What you may not know is that Folds is an avid photographer, enamored of his darkroom and a devotee of both film and digital techniques.

PDN’s Technology Editor Greg Scoblete interviewed Folds about his photography ahead of his PhotoPlus Expo keynote on Saturday, November 1. What follows is an edited transcript.

You’ve said that you became an “obsessive freak” about photography when your kids were born. That’s probably true of a lot of parents, at least in the infant stages, but yours turned into a more enduring passion. Why?


Ben Folds: I wasn’t happy with the glut of ‘evidence’ photographs.  I wanted something enduring and archival that could be framed or touched for years. In order to do that I needed to learn to print well, and I needed to make decisions about what spoke of their childhood… In the process, I became obsessive about the materials—the film, the cameras, the tools.

I know you keep a fully packed schedule between recording and touring. When and how do you work in photography? Is it a part of your daily life?


Ben Folds: It’s like a break. I can work without working. I find it relaxing to go through my shots on a plane or in a hotel. I’m always surprised how ‘productive’ I remain about photography.

A more prosaic question: what do you typically shoot with? What’s your photographic process look like?

Ben Folds: These days I shoot three ways: color with my Sony digital camera, which I generally convert to black and white; black-and-white digital with my Monochrom and black-and-white film with my old Rolleiflex.

I can develop my film in the bathroom, or more often with my schedule, I send it to a lab [where] I’ve had good results for a couple years. I just stay on the lightly ‘overexposed’ side and have them ‘pull’ the film and I get a good grey printable negative generally. The negatives I really like, I have scanned. I may soon invest in a crazy good scanner, but boy that is an investment. I don’t have a darkroom at the moment—it’s all in storage. I miss my darkroom.

On your photography website you write that archival prints that would last generations are a more eloquent representation of your children’s youth “than digital folders full of snapshots.” Beyond the longevity, what do you find compelling about prints? 


Ben Folds: They are real. Life is real. We do live online a lot, but we’re still creatures of the Earth. Printing and prints means something you can hold—and there’s limited space and time so you have to make a decision. You can’t be in two places at once and while you can keep a million files on a hard drive, they’re not really there until they’re printed.

There’s seems to be a similarity in the way the business models of photography and music have been impacted by the Internet and digital technology. What was once scarce is now plentiful and what was once a high barrier to entry is considerably lower. Are you optimistic about the ability of future artists — be they photographers or musicians — to earn a living? 

Ben Folds: I think we can earn a living.  I don’t think we can expect to be rich at it.

You’ve written that you photograph things on the upbeat rather than the downbeat. What do you mean by that? 

Ben Folds: The downbeat is where we all land. It’s predictable. It’s not that I don’t shoot the predictable, I just find that I’m drawn to the photos that were shot between the moments—between the poses, and between the subjects, somehow.

I’m no master of that, but I can feel it when I see it and I try to be spontaneous enough to hit the shutter before I even know why. That [approach], somehow, was easier with film. I know that’s weird, but something about knowing there are a limited number of exposures on a roll made me feel more dangerous.

Anyway, at the end of the day, it’s just about telling a story—you can make that more interesting in the way you tell it, when you tell it and how you frame it.