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October 23rd, 2013

PDN Video Pick: Gregory Heisler’s Tips on Lighting Portraits

Photographer Gregory Heisler’s new book, 50 Portraits, is a tutorial in the art and craft of portraiture, as well as a retrospective of Heisler’s career. An excerpt of the book appears in this month’s issue of PDN, and Heisler sat down for a video interview about his techniques, his approach to subjects, and his thoughts on working with clients. In this clip, he talks about the pitfalls of lighting subjects using formulaic lighting set-ups, and explains how he customizes the lighting for every shoot to create a mood that the subject or situation calls for.

Heisler will hold a seminar called The Evocative Portrait at Photo Plus Expo this Friday, October 25, from 8:45 to 11:45 a.m.

Lighting Tips from Portrait Master Gregory Heisler from PDNOnline on Vimeo.

Related:
Gregory Heisler Shares the Techniques That Go Into His Portraiture
PDN Video: Gregory Heisler on His New Book and Best Portraits
How Top Photographers Shoot Great Portraits

October 22nd, 2013

PDN Video: Gregory Heisler on His New Book and Best Portraits

Master portrait photographer Gregory Heisler has just released a book that is both a retrospective of his work, and a guidebook on the art and craft of portraiture. Heisler says it is the kind of book he always wanted to buy as an up-and-coming photographer. “What I wanted to know about was sort of the creative process, what went into each picture. Not how you took it, particularly, but why you made the decisions you made.”

In an excerpt of the book published this month in PDN, Heisler describes how he photographed Hugh Grant, Muhammed Ali and other subjects. He also sat down for a video interview to talk about his work and career. In this clip, he explains how he thought through an assignment to photograph former New York mayor Rudy Giuliani for the TIME Person of the Year cover in 2001. Later this week, we will post clips of Heisler discussing his lighting technique, how to connect with subjects, and how clients choose photographers.

Heisler will hold a seminar called The Evocative Portrait at Photo Plus Expo this Friday, October 25, from 8:45 to 11:45 a.m.

Creative Tips from Portrait Photographer Gregory Heisler from PDNOnline on Vimeo.

Related:Gregory Heisler Shares the Techniques That Go Into His Portraiture

October 9th, 2013

Sports Illustrated Swimsuit Issue a Key to Walter Iooss’s Access to Top Athletes

iooss coverWhen you’re trying to get access to top professional athletes, there’s no calling card like a steady gig shooting swimsuit models for Sports Illustrated.

Walter Iooss Jr, whom we interviewed in our October issue about his close professional relationship with basketball legend Michael Jordan, has been photographing sports and athletes for 50 years, and photographing the models for the Sports Illustrated Swimsuit issue for about 40 years.

“You have to ingratiate yourself [with athletes],” Iooss told us. “I’ve done it for so long, so my reputation helps me. They [star athletes] already think you can do something, so you’re not wasting their time.

Then he adds, “The swimsuit issue is obviously a big help with all these horny athletes. They love that. It’s remarkable how I could walk into a clubhouse and photograph anyone, as long as I give them a phone number of someone (in the SI Swimsuit issue).”

Not that he ever does that. “I’m not going to give it to them. They have their people contact the [model's] people.”

But he shakes his head with wonder. “They think I can pimp for them. Some days I feel like a 69-year-old pimp. It’s disgraceful that they need me to find a woman.”

See more about Iooss and his work with Michael Jordan at PDNOnline.

September 11th, 2013

Video Pick: Chris Buck And Jimmy Fallon Get Surprise on Shoot for Variety

When we interviewed Chris Buck last year about his book Presence, which features a series of images in which a famous person is present in the frame of a picture but is invisible to the viewer, Buck told us that one of the secrets to his ability to deliver interesting editorial images is his lack of awe while working with celebs. “I’m definitely not precious about famous people,” Buck told PDN. “I’m making pictures for my clients and for the audience, and not for the subject.”

In this behind-the-scenes video of Buck photographing Jimmy Fallon for Variety we get to see Buck in action, convincing the late night host to work pretty hard for the camera. Check it out, and make sure you watch until the end. Turns out Buck isn’t the only one who is unfazed in the presence of a celebrity.

Related: Hide and Seek: Chris Buck’s Conceptual Celebrity Portraits

July 26th, 2013

French Editor and Photographer Charged Over Topless Kate Middleton Photos

The editor of French Closer magazine and an unidentified photographer have been charged with violation of French privacy laws for their alleged role in the publication last September of topless pictures of Kate Middleton, the Duchess of Cambridge (and now new mother of baby Prince George).

Last spring, Closer’s publisher and photographer Valerie Suau were charged in the case.

The Telegraph reports that Closer’s editor, Laurence Pieau, was charged earlier this month for her role in the publication of the photos, which show Middleton, the Duchess of Cambridge, sunbathing topless while on vacation in France last September. Authorities did not announce the charges until yesterday. Pieau has defended her decision to publish the photos in various interviews, saying “I did my job as a journalist,” according to the report.

A third unnamed photographer may soon be charged as well, The Telegraph says.

Suau and Ernesto Mauri, the publisher of Closer, were charged in the case under France’s strict privacy laws last April. Suau has admitted taking images of the Duchess sunbathing topless, but Suau says the pictures she took were “all decent.”

Suau is suspected of having helped other photographers take topless pictures of the Duchess, according to The Telegraph report.

Kate Middleton and her husband, Prince William, have pressed authorities to charge Closer with “grotesque breach of privacy” and have gained public sympathy and support for their efforts, in part because of bitter memories of the death of William’s mother, Princess Diana. She died in a car crash in Paris in 1997. The driver of the car was intoxicated, but many people have blamed the princess’s death on the paparazzi, who were in pursuit of the car to get photos of Diana and her boyfriend when the crash occurred.

Related stories:
French Photog Could Go to Jail Over Topless Pictures
French Court Orders Magazine to Hand Over Topless Photos of Kate Middleton

 

June 10th, 2013

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

Photographer Miller Mobley: How to Build Relationships with Clients from PDNOnline on Vimeo.

Miller Mobley built a successful business as an editorial and commercial photographer in his native Alabama, then gave it up to start all over again in New York City. In this video produced by PDN, he discusses how he landed jobs in both places, and the importance of showing new work to potential clients every time he approaches them. To learn more about how Mobley launched and then re-launched his career, see our story, “Miller Mobley’s Transition,” at PDNonline.com.

April 29th, 2013

French Photog Could Go to Jail Over Topless Pictures

A French magazine could be shut down and a photographer sent to jail over the publication last year of photographs of Britain’s Prince William and his wife, Kate Middleton, sunbathing while on vacation in France. The magazine, called Closer, published topless images of Middleton that were allegedly shot by photographer Valerie Suau.

French authorities are investigating the publication of the photos, which may have been a violation of French law. If charged and convicted of violating the royal couple’s privacy, Suau faces up to one year in jail and a fine up to 45,000 euros (about $60,000). Closer could be shuttered for as long as five years.

Prosecutors are also investigating Suau’s employer, a French newspaper called La Provence, which published some of the sunbathing images, although none showed Middleton topless.

The royal couple had been sunbathing on private property when Suau allegedly photographed them. The publishers of Closer have said in their defense that the images were shot from a public road.

After the images appeared in France, authorities there ordered Closer not to publish any more of them. But the images appeared in other European publications.

The suppression of the images in France and ensuing investigations reflect that country’s strict privacy laws, which bar the publication of photographs of individuals without their permission–even if the photographs are shot in a public place.

The royal family has invoked the death of Prince William’s mother–Princess Diana–to stir outrage over the sunbathing photos. The photos, according to an official statement from the royal family, are “reminiscent of the worst excesses of the press and paparazzi during the life of Diana, Princess of Wales.”

Princess Diana  died in a car crash in Paris in 1997. Several paparazzi and news photographers on motorcycles were chasing the car she was riding in when it crashed. Although the driver of the car was later found to have been drunk, and manslaughter charges against the photographers were dropped after an investigation, many people still blame them for the princess’s death.

Three of the photographers were eventually found guilty of violating France’s privacy laws because they photographed Princess Diana and her companion, Dodi Al Fayed, inside the car after the accident. Those photographers were ordered to pay a symbolic fine of one euro each.

March 7th, 2013

David LaChapelle Sued for $3 Million by Gallerist

A Montana gallerist has sued David LaChapelle for $3 million dollars, alleging the photographer attacked him in his Manhattan apartment on March 9, 2012.

The suit, filed yesterday by James Parmenter in Manhattan Supreme Court, alleges that in the middle of the night, LaChapelle threw Permanter around his apartment, choked him “nearly to the point of unconsciousness,” then threw him out into the street. He is suing LaChapelle for assault, battery and intentional infliction of emotional distress. He is seeking a minimum of $1 million for each cause of action.

A digital copy of Parmenter’s lawsuit is available here.

Parmenter is the director of Bigfork Collaborations in Bigfork, Montana. According to an article in a local newspaper, the gallery space was funded by Fred Torres, a gallerist and LaChapelle’s former manager. In December 2012, LaChapelle filed a lawsuit against Torres, claiming that Torres owed him more than $2.8 million from the sales of of LaChapelle’s works and from a personal loan.

In the suit filed yesterday, Permanter claims that he is still experiencing physical and emotional difficulties as a result of the assault.

March 4th, 2013

Photog Prevails in Copyright Case Over ‘Mr. Brainwash’

©Dennis Morris

©Dennis Morris

Photographer Dennis Morris has won his lawsuit against the appropriation artist known as Mr. Brainwash for unauthorized use of a decades-old image (shown at right) of deceased punk rocker Sid Vicious.

A federal district court judge in Los Angeles recently granted Morris’s motion for summary judgment on the issue of copyright infringement. At the same time, the judge rejected a motion by defendant Thierry Guetta–aka Mr. Brainwash–for summary judgment on the grounds of fair use.

“To permit one artist the right to use without consequence the original creative and copyright work of another artist simply because that artist wished to create an alternate work would eviscerate any protection by the Copyright Act,” the judge wrote in his ruling, citing another ruling against Guetta from 2011 in a similar case.

The ruling for Morris added to a growing body of case law against appropriation artists who use the works of other artists as nothing more than raw material for their own works. The message from federal courts is that appropriation artists cannot claim fair use unless they parody the original work, or in some other way critique or comment upon them directly.

Morris had sued Guetta for infringement over unauthorized use of a 1977 photograph of Sid Vicious. The original image shows the punk rocker tilting his head and winking at the camera. Guetta, who is know for appropriating images of celebrities and modifying them, created seven image based on the Morris photograph. Some featured higher black and white contrast, some have less contrast, and some include added elements such as splashes of brightly colored paint, according to the court ruling.

There was no dispute that Guetta had copied Morris’s photographs, District Judge John A. Kronstadt wrote in his ruling. The issue before the court was whether Guetta’s uses of the image met the legal standard for fair use.

Courts apply a four-pronged test to weigh a fair use defense. Judges consider the purpose and character of the unauthorized use; the nature of the copyright work; the amount and substantiality of the portion of the original work that is used; and the market effect of the unauthorized work(s) on the original.

In this case, the first three factors weighed in Morris’s favor. The fourth (market effect) was inconclusive.

Most importantly, in considering the first factor, the court concluded that Guetta’s uses of the Morris photograph were not sufficiently transformative. In other words, they did not give the Morris photograph enough new expression, meaning or message, District Kronstadt explained in his ruling.

“The [original] photograph is a picture of Sid Vicious making a distinct facial expression. [Guetta's] works are of Sid Vicious making that same expression. Most of defendant’s works add certain new elements, but the overall effect of each is not transformative; defendant’s work remain at their core pictures of Sid Vicious,” the judge wrote.

Guetta had argued that his works were intended to comment on the persona of Sid Vicious in particular, and on the nature of celebrity in general. But the judge didn’t buy it, saying Guetta was effectively arguing that any use of copyrighted material in appropriation art is fair use. “But this is the precise argument that the Cariou court rejected,” referring to a district court ruling in New York in the case of Patrick Cariou v. Richard Prince.

In that case, the court ruled that appropriation artist Richard Prince violated photographer Patrick Cariou’s copyright by using some of his photographs as raw material for his own works, without commenting upon the original works or otherwise transforming their meaning. An appeal of that ruling is pending.

For an appropriation to qualify as a fair use, Judge Kronstadt explained, “There must be some showing that a challenged work is a commentary on the copyrighted one, or that the person who created the challenged work had a justification for using the protected work as a means of making an artistic statement.”

Considering the second factor–the nature of the copyrighted work–Judge Kronstadt concluded that the Morris photograph was at least a marginally creative portrait, not just a “recitation” of a fact. That weighted “at least slightly against a finding of fair use,” the judge wrote.

Considering the third factor–the amount and substantiality of the portion of the original work that was used–Judge Kronstadt concluded the Guetta used most of Morris’s photograph, including the central copyrightable elements. That also weighed against a finding of fair use.

Finally, the court considered what effect the Guetta images had on the market for Morris’s image, and concluded that the market effect was subject to dispute. But Judge Kronstadt went on to say that the issue was immaterial “because a lack of harm [to Morris's market for his image] would not change the determination of an unjustified use under the first factor.”

That first factor, to recap, was a consideration of whether Guetta’s images transformed the meaning of Morris’s image.

Related:
Judge Rules for Photog in Copyright Over RUN DMC Photo
Appropriation Artist Richard Prince Liable for Infringement, Court Rules

 

February 27th, 2013

Quincy Jones Settles Copyright Claim with Photographer

©Michael D. Jones/Mike Jones Photography

©Michael D. Jones/Mike Jones Photography

Music producer Quincy Jones and photographer Michael Donald Jones (aka Mike Jones Photography) have settled their dispute over the photographer’s claim of copyright infringement. Terms of the settlement were not announced.

Mike Jones filed suit last year in a federal court in Los Angeles, alleging that Quincy Jones  provided a portrait without permission for use in ads, packaging and other materials to promote a line of audio headphones. The headphone manufacturer, and a book publisher that also used the photo, were named as co-defendants in the case.

Mike Jones claimed that an associate of Quincy Jones’s offered him $5,000 in 2010 for what amounted to a rights transfer of the disputed portrait. The photographer asked for $10,000, then got a counter offer of $6,500, which he allegedly refused.

The images began appearing without Mike Jones’s permission in ads and other promotions for the headphones, which were endorsed by Quincy Jones. Mike Jones filed a claim for infringement early last year against Quincy Jones, headphone manufacturer AKG Harman, and Hal Leonard, the music book publisher.

AKG Harman denied the photographer’s claims, saying that the disputed photograph was shot on a work-for-hire basis.

Mike Jones alleged in his lawsuit that the disputed portrait originated when he photographed Quincy Jones in 1995 in Hollywood at Qwest Records. Mike Jones then provided Quincy Jones with 8×10 prints of some of the photographs. At that time, he refused to sign away his rights to those session photographs, despite Qwest Records’ efforts to “strong-arm” him into transferring the rights, Mike Jones alleged in his claim.

Neither Mike Jones nor the attorneys for either side responded to requests for comment about the settlement.

Related:
Quincy Jones Co-Defendant Denies Copyright Infringement Charge
Photog Sues Quincy Jones for Infringement, Says He Was “Strong-Armed”