March 19th, 2014

The Pros and Cons of Converting Your Photography Workflow to Apple’s New Mac Pro

(The following post was written by photographer Jeff Cable who recently purchased Apple’s much talked about new Mac Pro computer and reconfigured his photography workflow from the previous model. The story originally appeared on Cable’s blog in a slightly different form. You can follow Cable on his Facebook page.)

By Jeff Cable

After years of waiting to see if Apple was ever going to come out with a new Mac Pro, earlier this year Apple announced the new model for 2013. And then, after way too many months of waiting, my new Mac Pro has finally arrived!

Wow – what a difference in size between the old Mac Pro and the new one! The old Mac Pro was really large and built up some serious heat. During the summer it was painful to work on the machine as it did double duty as a computer and a heater in my office. This new computer is tiny in comparison and seems to run cool all the time.

Mac_Comparisons_back_sm
With that said, the size of the new Mac Pro is relative, in that there is only room for the one SSD and does not have space for any additional hard drives.

When I saw the announcement of the new computer, with no expansion options for internal drives, I was a bit put off. Storage is VERY important to me and I use a lot of drive space. Apple’s philosophy is to use external drives connected through Thunderbolt. This is supposed to be a very fast solution, but also adds more devices on my desk.

Read the rest of this entry »

March 19th, 2014

Richard Prince Settles with Photographer Patrick Cariou

One of Patrick Cariou's photographs, altered by Richard Prince

A fair use alteration of one of Patrick Cariou’s photographs, by Richard Prince.

Artist Richard Prince has paid an undisclosed sum of money to photographer Patrick Cariou to tie up the loose ends of their five-year copyright battle, The New York Times has reported.

Prince previously won an appeals court decision in 2013 dismissing most of Cariou’s copyright infringement claims. Cariou had alleged infringement of 30 images from his book Yes, Rasta that Prince had appropriated for a series of paintings. Most of the paintings sold through Prince’s gallery, fetching more than $10 million dollars.

The US Court of Appeals for the Second Circuit, located in New York City, ruled that 25 of Prince’s works qualified as fair use of Cariou’s photographs because Prince transformed them with “an entirely different esthetic.”

But the appeals court declined to rule on Prince’s fair use defense for the remaining five works, and sent the case back to a lower court for further consideration of Cariou’s claims surrounding those five works.

The settlement resolves Cariou’s claims related to those five works.

The lower court had originally ruled in Cariou’s favor on all of his claims, because Prince wasn’t commenting on Cariou’s photographs or otherwise referencing their original meaning in his paintings; he was simply using Cariou’s photographs as raw material.

The appeals court’s decision favoring Prince remains controversial. While many in the art community have applauded the decision, many photographers contend that it unfairly expanded the boundaries of fair use, and made their images more vulnerable to appropriation as raw material by other artists.

Related:
Supreme Court Declines to Hear Patrick Cariou’s Claim Against Richard Prince
Richard Prince Did Not Infringe Patrick Cariou’s Photos, Appeals Court Says
In Cariou v. Prince, An Appeal to Clarify a Crucial Fair Use Boundary
Appropriation Artist Richard Prince Liable for Infringement, Court Rules

March 17th, 2014

Photographers Could Get Royalties on Auction Sales Under Proposed Federal Bill

Few things are as frustrating to photographers as selling a print for a few thousand dollars–or less–then watching collectors reap huge profits by re-selling those same prints at auction years later for tens of thousands of dollars–or even more.

Two US Senators and a US Congressional representative have introduced a bill to cut visual artists in on that action with a 5 percent royalty on the price of visual works re-sold at auction. If it becomes law, the bill would apply only to works sold by auction houses–not by private individuals or dealers–and only when the auction price of a work exceeds $5,000, according to a report on the Art Law blog of Frankfurt, Kurnit, Klein & Selz (FKK&S), a New York law firm.

The auction royalty would be capped in 2014 at $35,000 for each sale. The cap would be subject to an inflation adjustment every year after that, according to the FKK&S report.  Auction houses would be obligated to collect the so-called auction royalty, and subject to civil claims from artists if they fail to collect and pay the royalty.

The bill, called the American Royalties Too Act (ART Act), was introduced last month in the Senate by Tammy Baldwin (D-WI) and Ed Markey (D-MA), and in the House by Congressman Jerrold Nadler (D-NY).

“American artists are being treated unfairly,” said Nadler in a prepared statement. “The benefits derived from the appreciation in the price of a visual artists’ work typically accrues to collectors, auction houses, and galleries, not to the artist.”

He noted that visual artists in 70 other countries are compensated when their works are re-sold at auction.

Unable to collect royalties from the re-sale of existing prints that have increased significantly in value, US photographers sometimes respond by issuing new limited editions of their prints–in different sizes or using different printing processes from earlier editions.

That practice angers collectors. For instance, William Eggleston created limited-edition digital inkjet pigment prints of some of his most iconic images, and earned $5.9 million by selling them at a Christie’s auction in March, 2012. He was promptly sued by financier Jonathan Sobel, a long-time collector of Eggleston’s vintage dye-transfer prints. Sobel alleged that the new prints devalued Sobel’s dye transfer prints and amounted to a breach of contract on Eggleston’s part.

Sobel eventually lost the legal fight, although he had the sympathy of dealers and gallerists who worry that photographers could harm their reputations and the market for photographic prints if they anger collectors by issuing new editions.

The ART Act, if it becomes law, could help reduce incentive to issue new editions by giving photographers another way to profit from the dramatic rise in the value of their work.

But success of the bill is by no means assured.

Nadler introduced a similar bill in 2011 that died in committee. The US Copyright Office, which was opposed at the time to instituting resale royalties for visual artists, has since changed its position on the matter, according to the FKK&S report. But collectors and auction houses are certain to object to paying royalties to artists. And the ART Act seeks to change a long-entrenched principle of copyright law called the First Sale doctrine, which  allows buyers of copyrighted works to do with them as they please, with no obligation to the artists who made them.

Related:
Collector Sues Eggleston Over New Prints of Limited Edition Works

Q&A: Art Collector Jonathan Sobel Explains His Beef with William Eggleston

What Does Limited Edition Really Mean? (subscription required)

March 13th, 2014

Chloe Dewe Mathews Named 2014 Gardner Fellow By Harvard’s Peabody Museum

From Chloe Dewe Mathews's series "Caspian." © Chloe Dewe Mathews

From Chloe Dewe Mathews’s series “Caspian.” © Chloe Dewe Mathews

British photographer Chloe Dewe Mathews was named the 2014 Robert Gardner Photography Fellow by Harvard’s Peabody Museum of Archaeology & Ethnology, the museum announced earlier this week. The documentary photography fellowship provides a stipend of $50,000 to a photographer to work anywhere in the world on a book project about “the human condition.”

During her fellowship, Mathews, who is represented by Panos Pictures, will continue her series on the Caspian region, which she began in 2010 and which included her look at an Azerbaijani city, Naftalan, famous for petroleum-based therapeutic treatments. Mathews has returned several times to the region, with trips to Russia and a burning gas crater in Darvaza, Turkmenistan.

The fellowship was established by Robert Gardner, a documentary filmmaker and author, who studied at Harvard University, and was the director of the Film Study Center there from 1957–1997.

The fellowship is judged by a committee of four, whose identities were not disclosed by the museum. The museum seeks nominations from experts around the world.

Past fellowship winners include Guy Tillim (2007), Dayanita Signh (2008), Alessandra Sanguinetti (2009), Stephen Dupont (2010), Miki Kratsman (2011) and Yto Barrada (2013).

Related: Israeli Photographer Wins $50k Robert Gardner Fellowship for 2011
PDN’s 30 2012

March 13th, 2014

Calumet Photographic to Liquidate, Closes US Stores

calumet-FBCalumet Photographic, the 75-year-old camera supply and rental company, has filed for Chapter 7 bankruptcy, the Chicago Tribune reports.

This morning, Calumet announced on its Facebook page that it had closed all its stores in the US, though its stores in Europe remain in business.  Calls to Calumet stores in New York, Chicago and Los Angeles were not returned, and the company’s website is down.

Calumet’s bankruptcy filing lists 585 creditors, including photo manufacturers such as Canon, Fuji, Manfrotto, Phase One, Hasselblad, Cambo, Mac Group and many others.

PDN will continue to follow this story.

March 12th, 2014

Model Release Lawsuit Survives Getty’s Challenge

A New York state judge has cleared the way for a lawsuit by a model who is accusing Getty Images of commercial use of her likeness without a model release.

State supreme court judge Ancil C. Singh rejected last week a request from Getty to throw out model Avril Nolan’s claim on First Amendment and other grounds.

Nolan sued Getty last September after her picture appeared in a public service ad promoting services for HIV-positive people. The ad, published in a free daily called AM NY, showed a picture of Nolan with the headline “I am positive (+) and I have rights.”

The ad was placed by the New York State Division of Human Rights, which licensed the image of Nolan from Getty. The photograph was shot by Getty contributor Jena Cumbo, according to court documents.

Nolan alleges that she didn’t sign a model release for the image, so Getty was in violation of New York’s right of publicity law not only for licensing the image for use in the HIV ad, but also for displaying the image on its web site.

New York state law prohibits use of a person’s likeness for advertising or trade purposes without written consent, i.e., a model release.

Getty countered in its motion for dismissal that displaying the images on its web site for licensing to third parties does not constitute advertising or trade use under the state’s right of publicity law. The agency also claimed a First Amendment right to display images for license to third parties. And it argued that Nolan should sue the State of New York, not Getty, since it was the state that used the image for advertising purposes, allegedly without consent.

But the judge concluded that Getty’s defenses are questions for a jury to decide.

The ruling was against Getty’s motion to dismiss the lawsuit, and not a ruling on the merits of Nolan’s claims.

March 10th, 2014

Commercial Drones Are Legal, Federal Court Says

A federal administrative court judge has determined that drones–aka unmanned aerial vehicles, or UAVs–can be used for commercial purposes because the Federal Aviation Administration has no regulations on the books that prohibit such uses.

Vice.com reported that the judge made the ruling last week in a case involving a photographer who had appealed a $10,000 fine for using a drone to shoot a video commercial, allegedly in violation of FAA rules.

The FAA immediately appealed, explaining in a statement that it “is concerned that this decision could impact the safe operation of the national airspace system and the safety of people and property on the ground.”

The FAA had fined photographer Raphael Pirker for unauthorized commercial use of a drone in 2011, after Pirker had used a remotely-controlled aircraft to produce a video commercial for the University of Virginia. Pirker had piloted the aircraft in the vicinity of the university, located in Charlottesville, Virginia.

Pirker, owner of UAV video production company Team Black Sheep, won his appeal of the fine on the grounds that a drone is in the same class of aircraft as model airplanes, which the FAA has never regulated. (The FAA has asked model airplane operators to fly the planes under 400 feet, and to stay away from airports, but those rules are strictly voluntary.)

The administrative court ruling means that photographers can use drones for commercial purposes, at least for now. But with the FAA opposed to unregulated use of drone aircraft in the US, it’s a safe bet that the agency will try to impose new administrative rules–or seek legislation–to restrict the use of drones in the near future.

Related:
Hartford Police Sued for Stopping Camera Drone, Chasing Photog Away

March 7th, 2014

Eddie Adams Workshop, Smith Grant, Other Grants Accepting Applications

Earlier this week The Eddie Adams Workshop began accepting applications for its tuition-free, four-day photojournalism workshop in upstate New York. The Eddie Adams Workshop brings together top photography professionals and 100 students each year, and its alumni include many of the top photojournalists working today. Applications for the 2014 Workshop will be accepted through May 31. Students are selected based on the merit of their portfolios.

The W. Eugene Smith Memorial Fund is accepting applications through May 31 for the 2014 W. Eugene Smith Grant in Humanistic Photography, which carries an award of $30,000. In addition, the jury will also give out an additional $5,000 in fellowships. There is a $50 fee to apply.

The nonprofit arts advocacy organization Crusade for Art is accepting proposals for its first-ever Engagement Grant, a $10,000 award given to a photographer or group of photographers who submit “the most innovative plan for increasing their audience and collector base.” There is a $20 fee to apply.

The Photographic Museum of Humanity, a digital photography museum, is awarding a grant of $4,000 for photographers. Applications are due March 12, and judges include Alec Soth and Diana Markosian. There is no fee to apply.

Related: Anatomy of a Successful Grant Application: Joseph Rodriguez on the Audience Engagement Grant (PDN subscription required)
Anatomy of a Successful Grant Application: Minnesota’s Artist Initiative Grants (PDN subscription required)
Anatomy of a Successful Grant Application: Jon Lowenstein’s Guggenheim Fellowship (PDN subscription required)

March 6th, 2014

Getty’s Craig Peters on Why Free Images Are Good for Photographers, And for the Photo Industry

Following the announcement by Getty Images that the agency would be allowing non-commercial uses of its images free of charge, we interviewed Craig Peters, Senior Vice President of Business Development, Marketing at Content Images at Getty, to try and find out what the agency hopes to gain from this extraordinary decision.

As we reported today on PDNOnline,  Getty has released a new embed tool to make it easy for non-commercial users to share images from Getty on websites, blogs and social media channels. The new tool enables Getty to collect data on those users and and push ads through the embed viewer. We asked Peters how ad revenue will be shared, what this new business model means for the perceived value of images, and whether Getty is changing its position on enforcing copyrights on images.

(We used the image above for free, using Getty’s Embed tool)

PDN: Getty has various collections, from different sources. What images are excluded from this free usage initiative?
Craig Peters: It’s hard to give you a specific answer. The vast majority of images are in, [unless] we have restrictions from the photographer or copyright owner.

PDN: Are news and celebrity images available as soon as Getty uploads them?
CP: They’re made available as soon as they’re uploaded.

PDN: Why is Getty giving up on the idea of charging everyone–even small non-commercial users– for use of images? Read the rest of this entry »

March 6th, 2014

PDN Video Pick: Making an Award-Winning Story of One Woman’s Resilience

Sensei from ora on Vimeo.

Ora DeKornfeld, a communications major at the University of North Carolina at Chapel Hill, won first prize for her video “Sensei” in the Multimedia Feature category of the 2014 Pictures of the Year International competition. Brilliantly shot and edited, DeKornfeld’s video tells the powerful story of a rape victim’s survival, resilience and determination. DeKornfeld explains how she won her subject’s trust, found a way to portray events in the past through evocative imagery, and produced a tight, dramatic narrative.

PDN: What was this project was for? How did it get started?
Ora DeKornfeld: That project was made as a final documentary piece for a journalism class. The assignment was to make a vérité documentary. It was a challenge for us to [record] something actually happening, instead of fully relying on B-roll over interview audio. My professor [Chad Stevens] assigned the project knowing that was unrealistic, so this project deviated greatly from that initial assignment, but that’s how it started.

PDN: How did you find this subject, and how get her to open up?
OD: I went to this neighborhood in Durham (North Carolina)–a pretty dynamic low-income neighborhood, and I saw a flyer for self-defense classes and that’s something I have always been personally interested in, and I wanted to do a piece that touched on women’s issues. So I called the number and ended up talking to Brenda, the subject, and she was immediately open. She told me that the reason she got into martial arts was because she was a victim of a violent crime. I didn’t push that at the time, but it was an immediate indicator that she had a real deep experience that motivated her. So I said, would it be OK if I made a documentary about you? She was really open to it.
I went to her karate class on Tuesday and Saturday for two weeks, then I asked if I could come to her house, meet her family and start hanging out with her there. And I kind of just stayed until she said, “OK, Ora, you need to get out of my house.” But through that experience we bonded. Read the rest of this entry »