August 6th, 2014

That Monkey Selfie: Who Owns The Copyright to It?

Wikimedia Commons and photographer David Slater appear to be headed for court over who owns the rights to a selfie shot by a macaque monkey that grabbed Slater’s camera. The photo went viral last week.

The Telegraph now reports that Wikimedia, a collection of 22 million public domain images, has refused Slater’s demand to remove the photo from its web site. Slater is preparing to sue, the newspaper says.

Wikimedia’s legal defense, effectively outlined in the caption it reportedly posted with the photo, is that the author of a photo owns copyright, not the camera owner;  that only people can own copyright, and monkeys aren’t people; therefore, the photo in question is ineligible for copyright by anyone, so it’s in the public domain.

This is the kind of copyright case we were never expecting to see. But now we’re wondering: if corporations have the rights of persons, why not monkeys? Are there any armchair attorneys out there who want to make a copyright argument on the monkey’s behalf?

August 5th, 2014

Photogs Marcus Bleasdale, Steve Ringman Win Environmental Journalism Awards

The Society of Environmental Journalists announced their 2014 awards for reporting on the environment yesterday. Seattle Times staffer Steve Ringman and VII’s Marcus Bleasdale were among the honorees.

Ringman was recognized for his work with writer Craig Allen Welch on “Sea Change: The Pacific’s Perilous Turn,” the Seattle Times‘ multi-part investigation of ocean acidification and its impacts on the Pacific Ocean. (PDN spoke with Ringman and the Seattle Times about the creation of the “Sea Change” for our December 2013 issue. Read that feature here.) Ringman and Welch received the Kevin Carmody Award for Outstanding In-depth Reporting for a large market publication, the top award given by SEJ.

Bleasdale received the award for Outstanding Environmental Photojournalism for “The Price of Precious,” his story on conflict mineral mining in Congo, which was published by National Geographic. (PDN featured Bleasdale’s long-term project on conflict minerals in our December 2013 issue. Read that story here.)

Second place in the Environmental Photojournalism category went to J. Carl Ganter, Matt Black and Brian Lehmann for their photographs examining the effects of water scarcity, published in Circle of Blue. Jenny E. Ross received a third place mention for her photo essay on polar bears, published by Natural History magazine.

The awards will be given out during a ceremony at the SEJ’s annual conference, which takes place in New Orleans in early September.

Related: MSNBC.com: A Place for Serious Photo Stories (Subscribers only)

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

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 29th, 2014

On Board with Duggal—PDN attends The Summer Duggal Gatsby Party

Photo District News and Rangefinder representatives. Photo © Morgana Skelton

Photo District News and Rangefinder representatives. Photo © Morgana Skelton

As a media partner, PDN was present at The Summer Gatsby Party thrown by Duggal Visual Solutions on June 26, along with staff from our sister publication Rangefinder. Clients, partners and friends of the Duggal brand were treated to four hours aboard a yacht circling New York City. The Great Gatsby-themed soiree asked attendees to arrive in all-white attire to set the mood for the evening event, which included live music, a catered dinner, an open bar, a photo booth and stunning views of the Manhattan skyline, all aboard the Cornucopia Majesty Yacht. Read the rest of this entry »

July 28th, 2014

Photographing Police Is Legal in Texas, Too, Judge Rules in First Amendment Case

A federal court judge in Texas has rejected an argument that the right to photograph or videotape police officers “is not recognized as a constitutional right,” clearing the way for a citizen’s civil rights claim against the City of Austin, its police chief, and various Austin police officers.

“The First Amendment protects the right to videotape police officers in the performance of their official duties, subject to reasonable time, place and manner restrictions,” U.S. Magistrate Judge Mark Lane wrote in the decision handed down last week.

The judge also rejected an argument by the defendants that they should be immune from prosecution in the case because the right to photograph police officers performing their duties was not clearly established when they arrested the plaintiff on three separate occasions.

“A robust consensus of circuit courts of appeals that have addressed this issue have concluded that the First Amendment encompasses a right to record public officials as they perform their official duties,” the judge wrote, citing several right-to-record decisions favorable to plaintiffs from around the country.

The plaintiff in the Texas case, Antonio Buehler, was first arrested on January 1, 2012, when he photographed two Austin police officers engaged in a traffic stop in a parking lot. Buehler was refueling his truck nearby when he heard one of the officers yelling, then saw a passenger of the stopped vehicle being “yanked violently” out of the car and thrown to the ground.

Buehler started taking pictures from a distance, and asked the officers why they were abusing the passenger, according to court papers. One of the officers approached Buehler and arrested him for “resisting arrest, search or transportation” after accusing Buehler of spitting on him, according to court documents.

Buehler filed a complaint with the police, but he alleges that no action was taken. He ended up forming an organization called Peaceful Streets Project to help inform people about their rights “and hold law enforcement accountable.” The organization now routinely video records police officers to prevent and document police brutality, according to court papers.

Buehler was subsequently arrested for recording the arrest of a man in downtown Austin on August 26, 2012. He was arrested a third time about a month later, also for video recording police performing their duties. Both times he was charged with Interference with Public Duties.

In response, Buehler sued for violation of his First and Fourteenth Amendment rights. He also alleged false arrest, excessive force, unlawful search and seizure, and malicious prosecution.

In addition to refusing the city’s motion to throw out Buehler’s federal civil rights claims, Judge Lane sustained his claim for false arrest; his claim that the city and its police chief failed to establish a policy, train, and supervise city police officers about the rights of individuals to record police; and his various state law claims.

But the judge dismissed parts of Buehler’s lawsuit, including claims for malicious prosecution and excessive force, because Buehler’s allegations didn’t meet the legal standards required to sustain those claims.

The ruling was not a final decision on the merits of Buehler’s claims. Instead, it cleared the way for Buehler to continue pursuing the surviving claims.

Related:
PDN Video: A Photographer’s Guide to the First Amendment and Dealing with Police Intimidation

First Amendment Advocate Sues NYPD, NYC Over Right to Record Police Activity
Baltimore to Pay $250K for Videos Deleted by Police: A Vindication for Photographers’ Rights
Police Intimidation Watch: Boston to Pay $170K for Wrongful Arrest of Videographer
NH Town to pay $75K to Settle First Amendment Claim in Traffic Stop Video Case

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

July 23rd, 2014

Court Refuses to Hear Challenge to FAA’s Drone Cease-and-Desist Orders

A Federal appeals court in Washington, DC, has dismissed a lawsuit against the Federal Aviation Administration (FAA) by a search-and-rescue group in Texas that uses drones in its work, but both sides in the case are declaring victory.

Texas EquuSearch had tried to overturn an email from the FAA ordering the group to stop operating unmanned aerial vehicles (UAVs), commonly called drones, in its search-and-rescue operations, the AP reports.

The three-judge panel said it could not review the case because the warning notice the FAA sent to did not represent the agency’s final policy on drone use, “nor did it give rise to any legal consequences.” The FAA is expected to finalize its policy on piloting drones for non-recreational use next year. The policy could affect photographers who  use drones to carry cameras on assignment.

The court’s ruling fails to clarify what authority the FAA has currently to regulate the use of drones.  In March, a federal administrative court judge overturned a $10,000 fine the FAA had imposed on photographer Raphael Pirker for using a drone to shoot a video for the University of Virginia, because the FAA still has no regulations on the books regarding the use of drones.

Brendan Schulman, the lawyer for Texas EquuSearch, told the site Motherboard that the appeals court ruling last week  “achieves the desired result of clarifying that Texas EquuSearch is not legally required to halt these humanitarian operations.” Texas EquuSearch has resumed piloting drones, AP reports.

In a statement, the FAA said, “The court’s decision in favor of the FAA regarding the Texas EquuSearch matter has no bearing on the FAA’s authority to regulate” unmanned aircraft vehicles. The FAA also said it reviews the use of drones “that are not for hobby or recreation on a case-by-case basis.”

Related Article
Commercial Drones are Legal, Federal Court Says

http://pdnpulse.pdnonline.com/2014/03/commercial-drones-are-legal-federal-court-says.html