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August 19th, 2014

Getty Images Photographer Arrested While Covering Ferguson Protests

Getty Images photographer Scott Olson was arrested yesterday while on assignment in Ferguson, Missouri, where protests and clashes with police continue after the police shooting of a African-American teenager more than a week ago. Oslon has since been released, according to a Yahoo News report.

Getty confirmed his arrest in a statement today from Pancho Bernasconi, VP, News at the agency. “We strongly object to [Olson's] arrest and are committed to ensuring he is able to resume his important work of capturing some of the most iconic images of this news story,” Bernasconi said in the statement.

The protests started in response to the shooting death of Michael Brown, Jr., an unarmed African American teenager, by a white police officer. Police have cracked down hard on the protesters, drawing strong criticism for violation of the protesters’ civil rights, and attracting intense national media coverage.

Olson has been covering the story for several days. A gallery of his images from Ferguson, along with a photograph of police placing him under arrest, has been posted by The Guardian.

According to the Yahoo News report, Olson was one of several journalists among 31 people who were arrested yesterday. At least two other journalists–Wesley Lowery of the Washington Post and Ryan Reilly of Huffington Post–were detained previously. Bot were later released. Lowrey had been recording police with a video camera shortly before his arrest.

August 14th, 2014

Philly Paper Swaps Ferguson Riot Photo: Did It Do the Right Thing?

Reading a Philadelphia Magazine report about the decision by editors at the Philadelphia Daily News to change a cover photo in response to some outrage on social media left us wondering:  Did photo editors at the Philadelphia Daily News change their minds because they thought they’d made a mistake? Or did they change their minds to avoid controversy and public outcry?

philly DN covers_555

The Philadelphia Daily News cover in question (above, left) featured a photo from Ferguson, Missouri that showed a protestor about to hurl a burning Molotov cocktail gas canister at police. Protests began in Ferguson over the weekend, after police shot and killed an unarmed black teenager, Michael Brown. The protests began peacefully, and have remained mostly peaceful, but some violence and looting have erupted, and police have been widely criticized for their iron-fisted and highly militarized response to all protestors.

Against that backdrop, the Daily News published a cover photo of a protestor with the Molotov cocktail burning canister over the headline, “Hell Breaks Loose.” The photo drew immediate and harsh criticism on Twitter: Readers said the image could be taken to suggest that the (mostly white) police response was justified because the (mostly black) protestors were being so violent. In response the Daily News put out another edition of the paper with a different photo.

The second cover photo shows a distraught-looking female protestor, holding up a sign demanding answers from police about the shooting of Michael Brown. Police in riot gear can be seen lined up behind the protestor. The Daily News did not change the headline.

And that leads to some larger questions about photo editing in the social media age: Should editors show deference to the instant opinions on Twittering readers, on the theory that input from the public leads to more informed picture choices? Or does deference to the instant opinions on social media undermine photo editors by encouraging readers to constantly demand changes and retractions on coverage of controversial or sensitive topics?

Philadelphia Magazine published Tweets from Daily News readers, followed by a Tweet from a Daily News senior writer who wrote, “Based on reader reaction we’re changing our front page image — so we actually do listen.” That was followed by a Tweet from Daily News assistant city editor David Lee Preston that said: “Big takeaway from tonight should be that a bunch of pros with hearts & souls inhabit this newsroom.”

But it remains unclear why the Daily News changed the cover photo: Did they think they’d made a mistake? Or were they simply bowing to pressure from some angry readers?

Regardless of their motives, we throw open the floor to PDN readers: Did the Daily News make a mistake publishing the Molotov cocktail-throwing protestor? Should the paper have changed the cover photo? Should photo editors let social media reaction influence their decisions, and if so, to what extent?

Note: Earlier version of this story described the burning object in the protester’s hand as a “Molotov cocktail.” Readers noted it was a burning gas canister. We changed it.  In this case, we listened to readers on social media, too.

August 14th, 2014

Judge Upholds $1.2 Million Verdict in Morel v. AFP Copyright Case

A federal judge has upheld a $1.2 million jury award in favor of photographer Daniel Morel, after determining that there was sufficient evidence presented at the trial last year to support the verdict.

Morel won $1.2 million in damages after a federal jury determined that Getty and AFP willfully violated his copyrights by uploading eight of his exclusive news images of the 2010 Haiti earthquake, and distributing them without his permission. The award also included an additional $20,000 damages for violations of the Digital Millennium Copyright Act.

Getty and AFP had appealed the $1.2 million award on the grounds that there was not enough evidence presented at the trial to establish willful copyright infringement. They had asked the court to vacate the jury’s finding of willful infringement, reduce the award to Morel, or grant a new trial.

A federal judge rejected the appeal.

“There was evidence from which the jury could have concluded that the defendant’s infringement (and particularly AFP’s) was not just willful but reflected a gross disregard for the rights of copyright holders,” US District Court Judge Alison Nathan wrote in a decision handed down yesterday. She added, “In light of all the consideration that the jury was entitled to consider, [reduction] of the $1.2 million statutory damages award is not required.

“The evidence was plainly sufficient for the jury to conclude that AFP’s infringement was willful under either an actual knowledge or reckless disregard theory,” Nathan said. She said the evidence for willfulness on Getty’s part was “somewhat thin” in comparison to the evidence against AFP. But she went on to say that the evidence of Getty’s willfulness “was sufficient to support the jury’s verdict.”

Morel had uploaded his images to Twitter, offering to license them to news outlets. The images were stolen and re-distributed by another Twitter account holder. Judge Nathan cited evidence presented at trial that Vincent Amalvy, AFP’s  Director of Photography for the Americas,  knew or should have known that the images were actually Morel’s, and that AFP didn’t have permission to distribute them.

The evidence against Getty for willful infringement was that it left Morel’s images on its web site under a false credit for more than two weeks after AFP sent a “kill notice” telling Getty to remove the images.

The award was the maximum amount of statutory damages possible under the law.

AFP and Getty had asked the court to reduce the $1.2 million award on the grounds that it was based on a “speculative” figure of actual damages amounting to $275,000 in lost sales. Judge Nathan said that on the basis of actual downloads (1,000 or more) of the image and sale prices, the actual damage estimate was reasonable. But she went on to say that juries aren’t required in any case to base statutory awards on actual damage estimates.

She also rejected arguments that the $1.2 million statutory award was “instinsically excessive.” Noting that courts defer to the prerogative of juries to set damage awards and rarely set them aside unless they “shock the judicial conscience and constitute of denial of justice,” Nathan said AFP’s actions in particular could be seen as “gross disregard for the rights of copyright holders” and let the jury award stand.

At the same time, Nathan upheld a $10,000 jury award against AFP for Digital Millennium Copyright Act (DMCA) violations, while vacating a $10,000 award for DMCA violations against Getty.

The DMCA makes it unlawful to intentionally remove or alter copyright management information, or to knowingly provide or distribute false copyright management information with intent to conceal infringement.

Evidence presented at trial showed that Vincent Amalvy, the AFP Director of Photography, knew that Morel’s images were falsely credited to another Twitter user, but  distributed the pictures with the false credit anyway, Judge Nathan wrote in her decision.

Getty violated the DMCA by continuing to distribute the images under a false credit, after receiving notice from AFP to remove the images, the judge said. But Getty was not liable under a DMCA provision for distributing the images with knowledge before the fact that the image credits had been illegally altered.

Related Articles:

Morel v. AFP Copyright Verdict: Defense Strategy to Devalue Photos and Vilify Photographer Backfires

Jury Awards Daniel Morel $1.2 Million in Damages from AFP, Getty Images

August 13th, 2014

AP Photographer Injured in Gaza Explosion that Killed Videojournalist, Translator

The Associated Press (AP) reports that video journalist Simone Camilli and translator Ali Shehda Abu Afash were killed this morning when an ordinance exploded in Gaza in the town of Beit Labiya. Hatem Moussa, an AP photographer was “badly injured” in the blast. AP spokesperson Paul Colford says, “Hatem is being treated for his injuries.”

The unexploded ordinance was believed to have been dropped during recent airstrikes by Israel in Gaza. Gaza police engineers were trying to deactivate the explosive when it blew up. Three police engineers were killed in the explosion, along with the journalists.

For more details, including information on the careers of Simone Camilli and Ali Shehda Abu Afash, see AP’s story.

Related articles
Photographer Killed in Israeli Airstrike in Gaza

August 12th, 2014

Photographer Reported Missing in Eastern Ukraine

© Rossiya Segodnya/images by Andrei Stenin

© Rossiya Segodnya/images by Andrei Stenin

Andrei Stenin, a photojournalist for the Russian state agency Rossiya Segodnya (also called RIA Novosti) has been missing since August 5, when he last reported to his agency while covering the conflict between pro-Russian separatists and military forces supporting the Ukraine government near the cities of Donetsk and Sloviansk in eastern Ukraine. According to Committee to Protect Journalists (CPJ) and other news organizations Rossiya Segodnya has reported, citing an anonymous source, that  Stenin is being held by the Ukrainian security service (SBU). SBU denies the allegation.

Rossiya Segodnya has launched a publicity campaign to lobby for his release. Dmitry Kiselev, the head of the agency, told the press that Stenin’s work has been “purely humanitarian in nature.”

Stenin’s photos are being displayed at the Rossiya Segodnya headquarters in Moscow, and the agency has posted a gallery of photos he’s taken in Ukraine since January.

The images Stenin last filed with his agency showed armed combat between separatist militia and Ukrainian government forces, and the capture of Ukrainian soldiers in Shakhtyorsk, outside Donetsk.

August 8th, 2014

Shark Peak: When Anti-Cliché Photos Turn Out To Be Clichés

Tristan-McConnell-FBMogadishu is to sharks carried on shoulders as Havana is to vintage sedans: No photographer who goes to that location can resist photographing the same photogenic subjects.

Tristan McConnell (@t_mcconnell), a Nairobi-based foreign correspondent for GlobalPost, Monocle and the London Times, posted a comment on his Facebook page the other day that pointed out the difficulty, in today’s image-saturated world, of finding a photo subject that hasn’t already been widely seen. He posted the comment, along with examples he’s collected, in an album titled “Mogadishu Fish on the Head Photographic Meme.”

McConnell, who has worked with many photographers and–when tight budgets require it– also shoots photos for his own stories, suggests that perhaps all these similar shots were the result of photographers struggling to avoid a different cliché: The African-capital-as-disaster cliché.

McConnell writes: “The image has to say ‘decades of conflict/failed state’ but in an oblique way, so you head to seaside Hamar Weyne, the old, war-damaged colonial neighborhood.”

He continues, “And then you see it. The perfect shot: A fisherman strides towards you with the catch of the day, a fish so big it’s draped across his head and shoulders. Behind him is the wreckage of the city. It’s perfect!

“You press the shutter. Done. Trouble is every other photographer has done it, too.”

Among the dozen examples McConnell shows are Feisal Omar’s photo which won 1st prize in the 2011 World Press Photo competition’s Daily Life/singles category,

© Feisal Omar

© Feisal Omar

and Michelle Shephard’s 2011 photo published in the Toronto Star:

© Michelle Shephard/Toronto Star

© Michelle Shephard/Toronto Star

He could also have included this photo by an AFP/Getty photographer, published last year in the Daily Mail .

© AFP/Getty Images

© AFP/Getty Images

Or Jan Grarup’s famous image, published as part of a story in the German newspaper Süddeutsche Zeitung Magazin (as well as in PDN.)

© Jan Grarup

© Jan Grarup

This put us in mind of a familiar dilemma: Is it better for  photographers to ignore other photographers’ work — to insure they’re never imitating anyone, and remain happily unaware that the what they’ve just photographed has been photographed before? Or, as many clients suggest, should they try to see as much work as they can, either to avoid duplicating what’s been done, or to know the standards they need to meet if they want to find a new view of a subject that others have already discovered?

July 31st, 2014

Photographer Killed in Israeli Airstrike in Gaza (Update)

Rami Rayan, a photographer with the Palestine Network for Press and Media, was killed July 30 in an air strike by the Israeli Defense Forces in the Shuja’iya neighborhood of Gaza, Reporters Without Borders reports.

Rayan’s network manager told Committee to Protect Journalists (CPJ) that the photographer was covering civilians shopping during what they thought was a four-hour “humanitarian window” ceasefire declared by Israel, but the Israeli military had noted it would not protect Shuja’iya and certain other areas of the city.

According to news reports, the air strike killed at least 16 people and wounded more than 200 others. At the time of the attack, Rayan was wearing a flak jacket and helmet marked “press” according to Reporters without Borders.

Rayan is the third * media worker killed since Israel began its military offensive in Gaza on July 8. Khalid Hamad, a cameraman for The Continue was killed July 20 during shelling in Shuja’iya. Hamdi Shihab, a driver for the Media 24 news agency, was killed July 9 when shells struck his vehicle which was marked “TV.”

(*Update: On July 31, Committee to Protect Journalists reported that Sameh al-Aryan , a camera operator for the al-Aqsa TV channel, run by Hamas, was killed in the same air strike in which Rayan died.)

“Israel is showing little evidence to back its claim that it tries to avoid civilian casualties, including those of journalists, in its assault on Gaza,” Sherif Mansour, Middle East and North Africa Program Coordinator for CPJ, said in a statement.

July 29th, 2014

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

Editorial clients are reluctant to publicize information about rates for photo assignments. But photographers need to know who pays what, in order to figure out which clients are worth shooting for, and to help them negotiate assignment fees.

A Tumblr site called Who Pays Photographers? helps bridge the information gap with a wiki-inspired spreadsheet listing fees paid by numerous publications, both online and in print. The site also provides information about whether the client pays expenses, how long they take to pay, and what photographers like and dislike about the client. All the information is uploaded anonymously by photographers who have shot assignments for the clients.

But users, beware. The spreadsheet, which lists clients more or less in alphabetical order, is disorganized, and a challenge to scroll through (and it can’t be downloaded). The client list is long but not exhaustive, updates are infrequent, and some of the reports are several years old. Moreover, the information provided is unverified.

Still, Who Pays Photographers? can be a useful starting point. Photographer Anastasia Pottinger says she came across it when she was trying to figure out what to charge photo blogs to publish her portraits of centenarians, after the project went viral.

“[The site] gave me a better idea of what to expect.  I had read a few blog posts out there where people were getting $150 per image and maybe that’s true when it’s just one image, but I was not sure what to charge for a whole set of images,” she says. For online publication rights to ten of her images, she says she negotiated a $375 fee from Huffington Post, after Huffington Post asked (as it usually does) to publish the images for free.

The anonymous owner of Who Pays Photographers? said in an email that he (or she?) is a working editorial photographer, with limited time to maintain, improve or promote the site. (The Who Pays Photographers? Twitter feed and archive were last updated in February.) “I welcome input and any help in running” the site, the owner says.  See our earlier Q&A with the owner for more information.

July 24th, 2014

AP Photographer’s Killer Given Death Sentence in Kabul

Anja Niedringhaus in 2005. ©Associated Press/Peter Dejong

Anja Niedringhaus in 2005. ©Associated Press/Peter Dejong

The Afghan police officer charged with killing Associated Press photographer Anja Niedringhaus and wounding veteran AP correspondent Kathy Gannon last April has been sentenced to death by a panel of judges in Kabul, the Associated Press has reported.

Niedringhaus and Gannon were traveling under the protection of Afghan forces with a convoy of election workers  near the border of Pakistan when the police officer approached them, yelled “Allahu Akbar” — God is Great — and opened fire on them with an AK-47 rifle.

The officer, identified in press reports as Naqibullah, was sentenced Tuesday. His defense attorney argued that he was “not a normal person,” according to the AP report, but judges dismissed that defense when Naqibullah was able to state his correct name, age and the day’s date. Under Afghan law, the verdict is subject to at least two stages of appeals.

Related:
AP Photographer Anja Niedringhaus Killed in Afghanistan

July 23rd, 2014

Tim Matsui Wins $25K Fledgling Fund Grant for Sex Trafficking Project

From "Leaving the Life:" Lisa in her robe. ©Tim Matsui

From “Leaving the Life:” Lisa in her robe. ©Tim Matsui

Photographer Tim Matsui, who has focused on stories about sexual violence and human trafficking for the past decade, has won a $25,000 Fledgling Fund grant for his project called “Leaving the Life.” Matsui will use the grant to engage audiences and spur dialogue about sex trafficking of minors in the US. He plans to produce several videos, each about 15 minutes in length, tailored for different audiences.  For instance, one of the videos will examine prostitution among minors from the perspective of law enforcement, which traditionally treats minors in the sex trade as criminals rather than victims. Another short video will present the issue from the perspective of young sex workers.

“Fledgling is supporting the initial creation of this campaign which include several live screenings of the [short videos] and a basic web platform which, in the future, will be built out,” Matusi explains.

Fledgling Fund administrators did not respond to a request for comment.

Matsui won an Alexia Foundation Women’s Initiative Grant in 2012 to document new approaches by officials in Seattle to addressing the problem of the sex trafficking of minors. He will use footage he’s already shot for that project to produce the short videos for “Leaving the Life.” Separately, he has produced a longer documentary in conjunction with MediaStorm called “The Long Night.”

The Fledgling Fund, established in 2005, provides filmmakers with grants to “move audiences to action” with outreach and audience engagement initiatives. The fund has provided nearly $12 million to support 333 projects to date.

Related:
Anatomy of a Successful Grant Application: Tim Matsui on the Women’s Initiative Grant (for PDN subscribers)
Frames Per Second: A Corporate Story, Told by a Journalist