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January 22nd, 2014

Grammys to Honor Rock Photographer Jim Marshall

Legendary rock and roll photographer Jim Marshall, who shot iconic images of Johnny Cash, Jimi Hendrix, Janis Joplin, the Beatles, the Rolling Stones and many other musicians, will be honored posthumously this weekend at a special Grammy Awards ceremony.

Marshall, who died in 2010 at the age of 74, will be given a Trustees Award at the Recording Academy’s Special Merit Awards ceremony on January 25. The academy’s 56th annual Grammy Awards ceremony, honoring musicians for the best recordings of the past year, will take place on January 26.

In addition to honoring Marshall, the Recording Academy will give lifetime achievement awards at the January 25 ceremony to the Beatles, the Isley Brothers, Kris Kristofersson and Kraftwerk.

Mashall began his career in the 1950s photographing musicians and beat poets in his native San Francisco. In the early 1960s he began shooting for record labels in New York, but soon returned to California to photograph musicians at clubs, festivals, and stadium concerts as a freelance photographer.

“He brooked no denial as he waded right in with his little Leica clicking quietly and constantly. His eye was amazing as he caught the essence of each scene before him,” folk musician and photographer Henry Diltz wrote in a tribute to Marshall last week on the Grammy Awards web site.

Marshall’s most recognizable photographs include Jimi Hendrix setting fire to one of his guitars at the Monterey International Pop Festival (1967); Janis Joplin reclining backstage at a Winterland Ballroom concert with a bottle of Southern Comfort in her hand (1968); and Johnny Cash giving the finger to Marshall’s camera at San Quentin State Prison (1969).

Related:
Rock and Roll Photographer Jim Marshall Has Died, Age 74
End Frame: Pamela Littky on Jim Marshall (requires PDN subscription)
Jim Marshall’s Estate Sues Fashion Designer for Copyright Infringement
Jim Marshall’s Estate Sues “Mr. Brainwash” and Google for Copyright Infringement

January 14th, 2014

Post-9/11 War Business Project Wins $20K Aftermath Project Grant for 2014

© Luca Locatelli

© Luca Locatelli

Italian photographer Luca Locatelli has won the $20,000 Aftermath Project Grant for his project “United Colours of War,” which looks at the increase in business connected to war following 9/11.

The Aftermath Project also recognized several finalists, whose work will be included in War is Only Half the Story, the annual Aftermath Project publication: Philippe Dudouit for his project on rebel movements in the Sahel region of Africa; Olga Ingurazova for her work on Abkhazia; Diana Markosian for her project on young Muslim girls raised in post-war Chechnya; and Javad M. Parsa for his work about Iranian refugees living around the world.

The Aftermath Project is a non-profit organization founded by photographer and filmmaker Sara Terry that supports documentary photography that tells post-conflict stories. The Foundation to Promote Open Society provides funding for the Aftermath Project Grant.

Judges for this year’s grant were: MaryAnne Golon, Director of Photography, The Washington Post; Elizabeth Krist, Senior Photo Editor, National Geographic; Muriel Hasbun, Professor and Chair of Photography, Corcoran College of Art+Design; Elizabeth Rappaport, photographer, board member The Aftermath Project; Sara Terry, photographer, founder and artistic director, The Aftermath Project.

Related: What It Takes To Win An Aftermath Project Grant
Anatomy of a Successful Grant Application

January 13th, 2014

Getty, AFP Appeal $1.2 Million Jury Verdict in Daniel Morel Case

Getty Images and Agence France-Presse (AFP) have asked a federal district court to undo the $1.2 million jury verdict against them for willful infringement of photographer Daniel Morel’s copyrights, calling the verdict “a miscarriage of justice.”

In a brief they submitted to the US District Court in Manhattan last week, the agencies argued that “no reasonable jury could conclude either AFP or Getty acted willfully as defined under applicable law, based on the evidence in the record.”

They asked the court to vacate the decision in one of three ways: declare that AFP and Getty are liable for “regular” rather than “willful” infringement, thereby forcing a reduction of the damages awarded; give the agencies a chance to re-argue their case before a different jury; or simply cut Morel’s award for copyright infringement from $1.2 million to $200,000 and call it a day.

A jury awarded Morel $1.2 million on November 22 after it determined that AFP and Getty Images willfully infringed his copyright by uploading eight of his exclusive news images of the 2010 Haiti earthquake, and distributing them without his permission. The award also included damages for violations of the Digital Millennium Copyright Act.

The award was the maximum amount of statutory damages possible under the law in the case, given that the jury found that both agencies infringed with willful intent.

In asking the court to overturn the verdict, Getty and AFP noted the the jury award was “60 times the maximum actual damages [Morel] could have recovered based upon [AFP's] after-the-fact willingness to pay him $20,000.” They also said the award was 4,700 times the day rate that professional photographers are paid on a freelance basis.

AFP had initially distributed Morel’s images under the name of Lisandro Suero, who had stolen them from Morel’s Twitter feed. Both AFP and Getty argued in court that their distribution of Morel’s images was not willful, but instead the result of honest mistakes that they tried to correct.

After learning that the images were Morel’s, AFP offered to pay him $20,000. He rejected the offer.

Morel’s attorney got a key AFP employee to admit in court that in his hurry to upload images of the earthquake, he had not followed company guidelines for obtaining news images from online sources.

The infringement “was obviously willful on AFP’s part because they didn’t check on the author of the photographs. The whole mess stemmed from that,” a juror told PDN after the verdict was handed down.

That same juror explained that the jury consider Getty’s infringement willful because e-mail evidence showed some Getty employees knew almost immediately that the images were Morel’s. Still, the agency continued to distribute them with credit to Suero for more than two weeks after the earthquake.

In their motion to reduce the award, Getty and AFP argued that the evidence does not show willful infringement. The agencies also argued that they did not violate the Digital Millennium Copyright Act, contrary to the  jury’s findings.

The agencies have an uphill battle to vacate or reduce the verdict because judges are often reluctant to overturn jury verdicts.

But the agencies have incentive to try because there’s more at stake than a $1.2 million judgment for one photographer: If the Morel verdict stands, it could encourage other photographers to play legal hardball with news agencies that rush to distribute breaking news images without permission, while hoping to negotiate fees with copyright holders after the fact.

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

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

January 13th, 2014

Danny Lyon Criticizes Media; Says How He Would Edit National Geographic Magazine

Photojournalist Danny Lyon delivered a sharp critique of the media, explained the main goal of his career, and reminisced about his work on the civil rights movement, motorcycle gangs and Texas prisoners at a rare public appearance last week.

Lyon was the headliner at the 2014 National Geographic Photography Seminar, a day-long event held January 9 before a standing-room-only crowd at the National Geographic offices in Washington, DC.

“I took it for granted that all the magazines lied, and since I chose the media as my field I was determined to create an American media that was truthful,” Lyon said during his talk.

He also imagined himself as editor of National Geographic, and suggested story ideas that would probably rile the magazine’s audience (read on for details).

In addition to Lyon, photographers Tyler Hicks, Wayne Lawrence, David Maisel, Newsha Tavakolian, and Vince Musi lectured about their careers and past projects. Media artist Hasan Elahi also gave a talk about his surveillance project.

Following is an edited transcript of Lyon’s talk.

(more…)

December 27th, 2013

What Did Reuters Pay a Teenager to Cover the Syrian Conflict?

Molhem Barakat, the 18-year-old Reuters stringer who was killed in Syria on December 20, had told another photographer that Reuters paid him $100 a day for uploading a set of 10 pictures, according to a report on Global Voices.

Barakat also told the photographer, Prague-based photojournalist Stanislav Krupar, that Reuters paid him a bonus of $50 to $100 if his photos were published by The New York Times or the newspaper’s Lens Blog.

Reuters avoided answering questions from a BBC reporter about whether or not Reuters checked to see if Barakat was a minor before paying him for his work in a war zone, or if the agency provided him with a flak jacket, helmet or any hostile environment training.

The Global Voices article also offers information Barakat gave to another reporter about why he had to remain in Aleppo. Barakat was the twenty-third journalist killed this year in Syria, according to Committee to Protect Journalists.

Related Articles
Freelance Photographer Killed in Syria

Freelance Photog’s Tale of Abduction by Syrian Rebels Serves as Warning

December 23rd, 2013

Freelance Photographer Killed in Syria

Molhem Barakat ©Reuters

Molhem Barakat ©Reuters

A Syrian freelance photographer was killed in Aleppo December 20 while covering a battle between rebels and government forces for control of a hospital, according to a report from Reuters.

Molhem Barakat had contributed “dozens of photographs” of the conflict to Reuters since last May, according to the report, which provided few other details about the photographer.

The fighting between rebels and government forces for control of Aleppo, Syria’s second largest city, has been intense in recent days. The government has launched air strikes on the city for the past week, according to news reports.

Twenty-two other journalists have died while covering the civil war in Syria during 2013, according to the Committee to Protect Journalists. More than 50 have been killed since the fighting there began in 2011.

December 13th, 2013

White House Press Secretary to Photographers: We Respect You, But We Don’t Need You

In an exchange yesterday with reporters over why press pool photographers were kept away from President Barack Obama on his trip to Nelson Mandela’s funeral last week, White House Press Secretary Jay Carney ducked, dodged–and said times have changed.

“This is part of a bigger transformation that’s happening out there that’s driven by the ability of everyone to post anything on the Internet free of charge so that you don’t have to buy that newspaper or subscribe to that wire service to see that photograph.”

In other words, the White House doesn’t need press photographers anymore, and neither does the public, now that the White House can distribute its own pictures of the president online.

The exchange began when a reporter asked why White House photographer Pete Souza was allowed on the speaker’s platform when President Obama spoke at  Mandela’s funeral, but press pool photographers were not allowed. Reporters also pressed Carney hard on why press pool photographers were not permitted to photograph the President and First Lady, along with former President George Bush and his wife, Laura Bush, on the flights to and from the funeral in South Africa.

The White House released its own photos, shot by Souza, from the flight.

Carney took the questions with a preamble of praise to photographers. “I have huge admiration for that service to the free flow of information and the unbelievable bravery that cameramen and photographers display, especially overseas in hard areas, in dangerous areas, like Afghanistan, like Syria and elsewhere,” he said.

He added later on after reporters kept pressing the issue, “From the President on down–and I mean that–there is absolute agreement that there’s no substitute for a free and independent press reporting on a presidency or the White House, on Congress, on the government. It’s essential. Essential. And that includes photography.”

The White House got as much access as it could for press pool photographers on the speaker’s platform at the funeral, Carney said. When pressed about the lack of access on the flight, which reporters pointed out was 20 hours each way, Carney said, “For a lot of those hours, the President, the former President, the First Lady and the former First Lady were asleep. So we probably weren’t going to bring in a still pool for that. Or they were having dinner or something like that. But look, I think I just made clear that I want to work on this issue.”

How committed he is to “work on this issue” is unclear. Reporters pressed repeatedly for details, and Carney offered none, other than to say his office has met with representatives of the White House Correspondents. And he added, “I can promise you that the outcome of that will not be complete satisfaction” because of inherent tensions between all administrations and the press over access.

Last month, Carney rejected a request from 38 news organization for a meeting to discuss their complaint about a lack of access for press pool photographers to the Oval Office. In doing so, he told them the public interest was served well enough by the stream of photos the White House was releasing on social media.

The media has dismissed those photos, by Souza and other White House photographers, as “visual press releases.” In an op-ed piece published in The New York Times yesterday, Associated Press Director of Photography Santiago Lyon labeled the White House handout photos as “propaganda.”

Related:
AP Photo Chief Appeals to Public About White House Access. Will It Help?
Media Protests White House Limits on Photographers

December 12th, 2013

AP Photo Chief Appeals to Public About White House Access. Will It Help?

Official White House Photo by Pete Souza, from memorial for Nelson Mandela. Handouts like these are "visual press releases," argues AP's Santiago Lyon.

Official White House Photo by Pete Souza, from memorial for Nelson Mandela. Handouts like these are visual press releases, argues AP’s Santiago Lyon.

The White House has waved off a complaint from media organizations about photographers’ lack of access to the Oval Office, and now Associated Press director of photography Santiago Lyon has taken the complaint to the op-ed pages of The New York Times.

The question is, will the AP’s protest stir the kind of public outrage that makes the White House relent?

Last month, 38 media organizations sent a joint letter of protest to the Obama administration, charging that it was denying them the right to photograph and videotape the President while he was performing official duties in his office. According to the letter, the administration is keeping photographers out by designating the president’s work meetings as private. But the White House has been posting its own photos of those meetings on social media.

In other words, the White House is doing an end run around the press corps. The aggrieved media organizations criticized the administration for its lack of transparency, and dismissed the White House photos as “visual press releases.” The news organizations asked for a meeting with White House Press Secretary Jay Carney to discuss removing the restrictions.

Through one of his deputies, Carney’s response boiled down to: We’re keeping the public plenty informed, so take a hike.

With Lyon’s Op-ed piece to the Times, AP is hoping to get a more sympathetic hearing in the court of public opinion.

Carney “missed the point entirely” with his dismissive response to the protest letter, Lyon writes. From there, he reiterates the point that White House photos are visual press releases, not journalism. The official photos “propagate an idealized portrayal of events on Pennsylvania Avenue,” he writes.

After arguing the merits of images by independent news photographers, Lyon concludes: “Until the White House revisits its draconian restrictions on photojournalists’ access to the president, information-savvy citizens, too, would be wise to treat those handout photos for what they are: propaganda.”

And he’s exactly right. But it’s hard to imagine a public clamor on AP’s behalf for two reasons. First, when it comes to Oval Office photo ops, citizens might have a hard time distinguishing between photos from the pool and White House handouts. Second, the public doesn’t hold the press in high esteem these days. To many non-journalists, Lyon’s complaint might only come across as whining.

What citizens are really interested in are images of the President’s unscripted moments, as Lyon suggests in his op-ed piece. He mentions some memorable photos of past presidents. Most happened outside the Oval Office: Nixon flashing a victory sign as he was boarding a helicopter after his resignation, Ronald Reagan waving from a hospital window after his cancer surgery, George W. Bush’s look of astonishment when he first heard of the 9/11 attacks.

What news organizations need to do, besides editorialize in The New York Times, is redouble their efforts to show the public what the White House will never release: fresh, unscripted, uncensored images of the President. The pictures from Nelson Mandela’s funeral of Obama’s handshake with Raul Castro and the selfie incident were certainly a good start.

December 10th, 2013

Spanish Photographer and Reporter Abducted by Al-Qaeda Affliliate in Syria

Freelance photographer Ricardo Garcia Vilanova and reporter Javier Espinosa of El Mundo were abducted in Syria on September 16, according to the Committee to Protect Journalists. The families of the journalists made the news of their capture public today. According to CPJ, they were abducted at gunpoint at a checkpoint near tal-Abyad in northern Syria and taken to a detention center run by the Islamic State of Iraq and Sham, an Al-Qaeda affiliate that has been operating in Syria amidst fighting between the Syrian Army and rebels opposed to the rule of President Bashar al-Assad.

Vilanova has been covering the conflict in Syria for over a year; his photos have been published by CNN Photos and Al Jazeera. At the time of their abduction, Vilanova and Espinosa were accompanied by four soldiers of the Free Syrian Army, a rebel group; the soldiers were released two weeks after they were captured alongside the journalists.

CPJ ranks Syria as the most dangerous country in the world for journalists. Since the uprising began, numerous journalists have been abducted or murdered.

Related stories
Freelance Photog’s Tale of Abduction by Syrian Rebels Serves as Warning

Photographer Remi Ochllk Killed in Homs, Syria

Injured Photographer Paul Conroy Smuggled Out of Syria

December 5th, 2013

The Pleasure—and Challenges—of Photographing Nelson Mandela

©Jillian Edelstein

Nelson Mandela in 1997. © Jillian Edelstein

Nelson Mandela, the legendary African National Congress leader and former South African president, was a symbol of hope, justice and human rights to people around the world. South African photographers who saw him up close over the years—both before his international fame and afterwards—recall a man who was every bit as charismatic, gracious, and good humored as his public image suggested. Despite all the access Mandela gave them—or perhaps because of it—photographers found it challenging to get a unique portrait of him.

“He was unendingly charming,” says South African photographer Louise Gubb, who covered Mandela as a freelance photographer, and shot several portraits of him for various publications in the 1990s.

Gubb recounts one of Mandela’s ceremonial walks around the presidential compound in Cape Town. Mandela was surrounded by a phalanx of photographers when a photojournalist working for a local Afrikaans newspaper suddenly fell backwards into a fish pond.

“And Mandela—he was so sweet—he went and tried to help him out” of the water, Gubb says. After that, whenever Mandela saw that photographer at official events, “He would say, ‘Now you all watch your step today. I don’t want you swimming in my fish pond again.’”

The last time Gubb saw Mandela, four or five years ago at a press conference, he greeted her, “Hello, Louise. I thought you would be on pension by now,” she recalls.

“He always told jokes. He would have been a good comedian,” says Jürgen Schadeberg, who first photographed Mandela in 1951 at an African National Congress meeting, and took his portrait in 1952 in his law office. Schadeberg and Mandela met many times in the coming years, when the photographer was freelancing for Drum, the groundbreaking magazine that covered black life in South Africa.  Says Schadeberg, “He was what we call in German a mensch.” Mandela always held the press in high regard for the role it played in freeing him, and moving South Africa beyond apartheid. He didn’t play favorites, and never seemed to tire of the media attention (or the long parade of politicians, activists, and celebrities who trekked to South Africa just for an audience with him).

South African-born photographer Jillian Edelstein photographed Mandela for The New York Times Magazine in 1997. Meeting him at Tuynhuys, South Africa’s presidential office in Cape Town, Edelstein says she was awestruck.

“I started smiling and I thought my face would crack. It was like meeting a saint,” she says. “It was something I’d never experienced before or since.”

“I suppose for me, he emerged from what had been the bastion of the government oppressors.”  Seeing the first freely elected president, she says, symbolized “the oppressor supplanted,” Edelstein continues.

Since Mandela’s release from prison in 1990 (he ascended to the presidency of South Africa four years later, in an historic election), photographers have shot thousands upon thousands of images of him at public events. He was almost always smiling, as if he was truly delighted to be there, and he was often seen interacting with children or the downtrodden, giving them his full attention.

“He [would] always break ranks to say hello to the person in the wheelchair, or some little child,” says Gubb, noting that Mandela particularly loved being around kids.  “So if you knew that, you could [anticipate] and get great pictures … If there were children there who were going to sing, he would go over there and dance, and sometimes sing back to them.”

Because Mandela was photographed so often, and because he had one predominant mood (bright and sunny), it was a challenge to photograph him in any truly distinctive way. Edelstein says that when she photographed Mandela in 1997, his automatic reaction was to make a “thumbs up” sign. Finally she caught a moment when he looked reflective and “somewhat poignant,” she says.

“I think that up until that time the only images I’d seen that were coming out were him dancing or thumbs up or smiling.”

A year after his release from prison, he took a retinue of press back to Robben Island, where he was incarcerated for years. There, Schadeberg took one of the most reproduced photos of Mandela, showing him gazing through the bars of his former cell.  Photographers were given access to Mandela in the cell one at a time, Gubb says. “He was like a piece of putty,” willing to do whatever he was asked to do.

But after he was elected president, media access was much more limited. Still, Mandela hated to say no to photographers who asked for time with him.  “He’d say, ‘I’ll have to talk to my chiefs,’” Gubb says. “He  would hide behind his [handlers] because he didn’t like to refuse.”

A few photographers had privileged access. The late Alfred Kumalo of the Johannesburg Star was a family friend, and had freer range around the presidential grounds than other photographers, according to Gubb. Peter Magubane was Mandela’s official photographer between 1990 and 1994, and followed Mandela everywhere. Magubane, who had shot for Drum magazine and later Time magazine, tells PDN he had been hired as Mandela’s official photographer “because [Mandela] knew my credentials, and knew I wouldn’t sell out.” But Magubane describes their relationships as “strictly business.” By most assessments, no single photographer had the defining take on Mandela’s life, public or private.

Says Gubb, “Photographers, writers, television—everyone was [treated equally]. He took them all in their stride, and nobody was excluded.”

One challenge for photographers was that they couldn’t use flash when photographing Mandela; the rule was strictly enforced by his bodyguards. The reason was because his eyes had been damaged by the bright, reflective light of the sun at the limestone quarry where he was forced to work while a prisoner on Robben Island.

For the past six years, Mandela was largely out of the public eye. Several years ago, he invited Schadenberg and his wife to his home for lunch. “He was sitting in his armchair in his slippers. He said, ‘I’m an old man who isn’t doing much, just sitting around. It’s so kind of you busy people to come see me,’” Schadenberg recounts, adding that Mandela was always saying that he wasn’t anybody special.  “It wasn’t to make an impression.  It was genuine.”