October 21st, 2014

ASMP Names Tom Kennedy as New Executive Director

The board of directors of American Society of Media Photographers (ASMP), the 70-year-old trade association for photographers, has named multimedia consultant and photo editor Tom Kennedy to be its new executive director.

Kennedy, who was Alexia Chair Professor of Documentary Photography in the S.I. Newhouse School of Public Communication at Syracuse University, has been working as a multimedia consultant to photographers. He was previously Managing Editor of Multimedia for the Washington Post and Director of Photography at National Geographic. He serves on the board of the Eddie Adams Workshop and has been a frequent speaker at photo conferences.

Kennedy’s appointment ends a search that began this summer after the ASMP board voted not to renew the contract of Eugene Mopsik, the organization’s long-time executive director.

In an announcement about his appointment, Kennedy says, “ASMP needs to help its members navigate through the turbulence induced by changes to the media landscape. That turbulence, which affects how our ASMP members make their living, requires building of community, wise positioning, and agility in the face of the changes being unleashed. Notwithstanding these challenges, I see this as a tremendous time for professional photographers to be in the vanguard for visual storytelling.”

October 25th, 2013

PPE 2013: The Good, the Bad and the Ugly of Social Media

The theme of Thursday’s PhotoPlus Expo panel “Practicing Safe Social Media” seemed to be that social media is a necessary evil in today’s photography industry so photographers need to be smart about how they use it. The ASMP-sponsored panel had a variety of speakers who each brought a unique viewpoint to the discussion. Covering the legal ramifications was attorney Ross Buntrock; giving the media’s perspective was AOL/Huffington Post Photography Director Anna Dickson; representing the photo industry was photographer Richard Kelly; EyeEm CEO Florian Meissner provided a social-media company’s viewpoint.

Buntrock and moderator Peter Krogh broke down the terms of service agreements for four popular social-media sites, Facebook, Instagram, Pinterest and Twitter, and the news was pretty bleak. All four TOS agreements are essentially broad licenses that allow the companies to provide the images and data from their sites to third parties. This doesn’t mean that they own the copyright to any work you post on their networks. The panelists illustrated that point by briefly discussing the case of Daniel Morel, the photojournalist who successfully sued AFP, the Washington Post and Getty for using images from the Haiti earthquake that he posted on Twitter without his permission. However, it does mean that these platforms can let advertisers use your image in sponsored posts without your permission and without compensation. (Buntrock noted that adding a copyright symbol to your image before posting it to these social networks doesn’t impact the TOS at all.)

It would be easy to just say, “Forget, I’m not going to use social media.” Except Dickson made an interesting point that the reason she’s on Instagram is because that is where everyone else is—both photographers and photo editors like herself. Whereas five years ago she would’ve followed photographers on Flickr, now it’s Instagram. She also said the “look” of Instagram photos is popular now, so many websites, including AOL/Huffington Post, use the site to find images for articles and slide shows.

So herein lies the rub: You want your work to be followed and found by potential clients, but you don’t want to give it away for free. Meissner’s company, EyeEm, is trying to eradicate this issue by providing the same social features as Instagram but including a notification system that alerts photographers when a third party wants to use their image, and offers compensation for that use. Other sites and services were mentioned as also having some sort of permission or compensation model, including Stipple, Scoopshot, SmugMug and PhotoShelter.

However, until one of these sites has the same massive user base as Instagram or Facebook or Twitter or Pinterest, they don’t solve the immediate problem of how to get exposure while also protecting your work on social media. Kelly’s strategy for dealing with this issue is simple: Know what your message is on social media before you start posting on these sites. For example, he uses his accounts to keep followers up to date on what he’s working on, advocacy issues for photographers and his teaching gigs. That’s it. He doesn’t use the tools to post new work or market himself. And Dickson, to a certain extent, supported Kelly’s idea by noting that she loves it when photographers post behind-the-scenes images so she can see what they are up to as well as get a peek at their personality.

At its core, this is what social media was originally intended for—sharing who you are and what you are up to. Though you can use these tools to market your work, it would be wise to think of how you can do that without actually posting the finished image since it can easily spread around the Web without your attribution and without you ever seeing a penny of compensation.

Related Articles
In TwitPic Copyright Claim, Daniel Morel Seeks $13.2 Million from AFP, Getty

AFP, Washington Post Violated Daniel Morel’s Copyrights, Judge Rules

October 24th, 2013

PPE 2013: Photography & The Law: Access, Copyright and Social Media Issues

During a talk at PhotoPlus Expo 2013, sponsored by the National Press Photographers Association (NPPA), attorneys Mickey Osterreicher and Alicia Wagner Calzada provided tips for how photographers can protect their First Amendment rights and control the copyright and distribution of their work.

Tips On the Right to Photograph in Public

Osterreicher, who is the general counsel for the NPPA and was a working photographer for 40 years before he became a lawyer, offered advice for news photographers in dealing with police.

He noted that photographers or videographers are never arrested for documenting a news event in public. Instead they are arrested for “discretionary charges,” what he termed “catch and release” charges, which can include disorderly conduct, disturbing the peace and loitering.

If a police officer orders a photographer to stop taking pictures in public, they are violating the rights of that photographer, Osterreicher said. Photographers can avoid being accused of interfering with or obstructing police officers by following reasonable directions from police when they’re given. He also mentioned that it’s prudent to be aware that officers are concerned with things like weapon retention, making sure nobody is close enough to them to reach for their gun. If a photographer is in an officer’s face with a camera, the officer can reasonably claim that photographer is interfering or obstructing their work. (more…)

September 5th, 2013

Facebook Makes Alarming Changes to Terms, ASMP Breaks Down the Changes

Facebook has altered their terms of service to make it possible for companies that pay the social media network to utilize Facebook users’ content and likeness without compensation or permission. The changes are sure to alienate Facebook’s users in the creative community, who make a living from licensing their work and content.

Among the changes is this gem:

“You give us permission to use your name, and profile picture, content, and information in connection with commercial, sponsored, or related that content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it.”

ASMP created a handy Q&A about the new terms of use that helps break down the changes and what they mean for photographers.

This comes on the heels of the ASMP-led criticism of Instagram that was recently issued.

We have to wonder, at what point will a social network take the step to actually compensate the users that make it tick and protect them from unauthorized exploitation and surveillance? Seems to us like a network that figured out how to do that would find a community very quickly.

Related: Photography Trade Organizations Take Aim at Instagram Terms
AFP, Washington Post Violated Daniel Morel’s Copyrights, Judge Rules
Morel Case Highlights Copyright Risks of Social Networks

May 9th, 2013

UK Paves the Way for Orphan Works Law. Will the Sky Fall?

Photographers have not only been “Royally Robbed,” but the British government has violated their human rights, according to a UK group called stop43.org.uk. Photo trade groups in the US, including NPPA, ASMP, PPA, APA and PACA have predicted “a firestorm of international litigation.”

The cause of all the fuss? Changes in UK law that pave the way for regulations under which publishers and others can use orphan works–ie, photographs and other works for which the copyright owner cannot be identified or located–without violating copyright. The changes to the law also enable the British government to establish a central registry and licensing agency for visual works, analagous to the musical licensing agencies ASCAP and BMI.

The changes are part of the so-called Enterprise and Regulatory Reform Act, which provides a framework but few details of how the UK’s orphan works law and copyright registry might work.  The British government is expected to issue detailed regulations this fall. Meanwhile, the government says its intent is to make the licensing of intellectual property more efficient in the digital age, and that it will protect the interests of copyright holders at the same time.

Absent the details about how the law will work, however, photographers and other copyright holders are left to speculate on the actual consequences of the new laws. Reactions among photographers (and their trade groups) range from wariness to outrage.

“I’m not terribly worried at all” about the orphan works provision of the new law, says David Hoffman of Editorial Photographers UK. “It’s annoying there’s so much confusion, hysteria and anger about that.

“I’m much more concerned about [the collective licensing provision]. It takes control away” from photographers over who may license their images, for what purposes, and for how much. “But what control do I have anyway?” Hoffman adds, explaining that thousands of his images are used illegally. He estimates he loses tens of thousands of dollars’ worth of licensing fees each year as a result.

Paul Ellis of stop43.org also dismisses the orphan works part of the legislation as a “red herring.” Users of orphan works are likely to have to show that they searched diligently for the copyright owner of the work, and the government will still collect a fee for the use in case the rights holder ever steps forward. Ellis predicts almost nobody will bother licensing orphaned photographs.

“The system will be costly to use,” once licensing, search and administrative costs are added up, he says. “And if the costs of acquiring orphan works licenses are higher than a normal license fee, you’ve built an incentive to infringe.” (Courts in the UK award little more than a normal license fee for infringement, if an image owner bothers to sue and win, he notes.)

Ellis is far more enraged about the proposed registry, called an extended rights collective. The idea behind that is that the government would set prices for lots of small commercial and editorial uses of images, collect fees for those uses, and disburse the payments to copyright holders, provided they register. Ellis points out that anyone who doesn’t register won’t get paid. And although copyright holders may be able to opt out of the system, it might be a difficult to do that.

“The effect of this will be to drive down prices, and drive value out of creators’ pockets,” Ellis predicts. But there’s a bigger principle at stake, he says. “It utterly breaches the conception that the owners of property have the exclusive right to exploit that property. If you punch a hole in that principle, you’re on very shaky ground.

“Extended collective licensing is an arbitrary deprivation of property. The government is confiscating property,” Ellis says, asserting that it amounts to a human rights violation under international law, which he says guarantees “the right to peaceable enjoyment of your property.”

The major photo trade associations in the US, along with the Graphic Artists Guild, sent a letter last fall to UK officials objecting to the new laws on the grounds that images by US copyright holders would be swept up in the UK licensing system–and used in violation of international treaties as a result.

ASMP executive director Eugene Mopsik, who was one of the letter’s signatories, says of the UK’s new orphan works law: “It’s not the end of the world, but there are significant concerns,” although he adds that it is difficult to predict the effects of rules that haven’t been written yet. He agrees that the issues of orphan works and widespread theft of images online are issues that governments have to address. But he says, “The devil is in the details.”

Mopsik says metadata is easily stripped from digital image files, so under orphan works laws, photographers can easily lose control of their intellectual property through no fault of their own. Their work can be used in ways they find objectionable, and unauthorized uses can undercut their markets–and their income, he says.

But he says ASMP is not opposed to orphan works laws provided that photographers are given certain protections, including the exclusion of any commercial uses under orphan works legislation, requirements that users search diligently enough for copyright holders, and requirements that users post notice of their intent to use an image–so photographers have a chance to learn if their images are about to be classified as orphan works.

How good or bad it the orphan works law ends up being for photographers, Mopsik says, depends upon how lawmakers define terms like commercial use and diligent search.

Jeff Sedlik, co-founder, president and CEO of the PLUS Coalition, is also opposed to collective licensing systems that are opt-out (like the UK system seems to be) rather than opt-in. But he believes it is incumbent upon copyright holders to register their works, in order to prevent those works from becoming orphans because the metadata is inevitably stripped away. But the registry must be centralized–or consist of registries in different countries that are all connected together and searchable at once–in order to effectively protect copyright, he says.

May 8th, 2013

Upcoming Photo Events, and Current Competition and Award Deadlines

Awards and Competitions:

2013 Pierre and Alexandra Boulat Award
The Pierre and Alexandra Boulat Award for journalism was created in honor of the late VII Photo founder Alexandra Boulat and her father, Pierre. Sponsored by Canon, the award carries an 8,000 Euro prize, and is given to “a professional photographer of any age, sex or nationality who wishes to cover a social, economic, political or cultural issue in a journalistic manner.” Entries for the award are due by June 7, 2013, and the winner will be announced at Visa Pour l’Image in Perpignan in September. Entry is free.

18th Annual Photo Competition Exhibition
Seattle’s Photo Center Northwest is accepting entries for their annual juried exhibition. Entries selected by this year’s juror, collector and curator John Bennette, will be exhibited at Photo Center Northwest in August and September of this year. The deadline for entries is May 18, 2012. (more…)

April 15th, 2013

APA, NPPA Join Copyright Suit Against Google

American Photographic Artists (APA) and the National Press Photographers Association (NPPA) announced today that they are joining an ongoing class action lawsuit against Google, alleging that the Google Books Search program is a violation of the copyrights of photographers and other visual artists.

Under the Google Books Search program, Google has been working with several libraries to scan books and periodicals and make the content available through search engine results. But a group of plaintiffs–including photographers and photo trade associations–filed a class action lawsuit in 2010 to stop Google from copying, scanning or displaying copyrighted photos and other visuals in printed publications without permission.

“I feel it is the NPPA’s responsibility to protect that principle of ownership, and not allow companies like Google to infringe upon our rights uncontested,” NPPA president Mike Borland said in a statement issued today by NPPA.

The lawsuit was spearheaded by American Society of Media Photographers (ASMP). Other lead plaintiffs include the Graphic Artists Guild, Picture Archive Council of America (PACA), Professional Photographers of America (PPA), the North American Nature Photography Association (NANPA), and a number of individual photographers.

ASMP said when it filed the lawsuit that the goal is to make sure photographers are “fairly and reasonably compensated” when their works are distributed through Google search results.

In joining the lawsuit, APA national president Theresa Raffetto said in a prepared statement: “Holding Google Books responsible for their flagrant copyright infringement is something APA has been working on and we’re pleased to continue this fight in conjunction with the other plaintiffs.”

September 28th, 2012

On Sustainable Business Models, and Comparing Apples to Oranges

The American Society of Media Photographers’ program, “Sustainable Business Models: Issues & Trends Facing Visual Artists,” held September 27 in New York City, can be viewed online via ASMP’s video library. Speakers and panelists provided useful context and insights into the current marketplace for photography, as well as thoughts on how professional freelancers might adapt their marketing and licensing in today’s economy. A warning, however: Along with provocative insights, the afternoon panel also included the predictable, banal observation that photojournalists have no role to play now that “everyone has a cellphone,” and statistics on how many images are uploaded to Facebook or Instagram each day or each hour or each minute. If you’re like me, you find these comments irritating. Because the first comment is untrue, and the second is irrelevant to any discussion of the professional photography business.

Yes, news editors trolled Instagram to get images of the aftermath of the Empire State Building shooting, but those image sales had no impact on the market for photos by professional news photographers: If amateur cellphone users hadn’t been on the scene, we simply wouldn’t have had any images of the carnage. Yes, a zillion snapshots of cats, babies and plates of food are shared on social media every day. What bearing does that have on what a professional photographer offers to clients or their audience? (more…)

September 4th, 2012

Photographer and Photo Educator Susan Carr Dies, 49

Photo © Shawn G. Henry.

Susan Carr, an architectural photographer and leader of photo education programs for the American Society of Media Photographers (ASMP), died yesterday in Chicago. She was 49. The cause of death was cancer. ASMP announced the news on its Strictly Business web site.

In a statement posted on the ASMP web site, the trade organization’s president Shawn G. Henry, said: “With Susan’s passing ASMP has lost one of its most ardent advocates and I have lost a dear friend. She was a tireless champion of the Society, a passionate educator, and a wonderfully warm and caring human being.”

A graduate of Western Michigan University, Carr specialized in architectural and interiors photography. She was a principal in the Chicago studio Carr Cialdella Photography in Chicago and documented American architecture in both her professional and personal work. She became a board member of ASMP in 2001 and in 2003 launched the trade association’s traveling seminar program. As manager of the Strictly Business seminar program, she organized a continuing series of lectures and seminars providing legal and business information to professional photographers around the country. She also lectured on copyright, licensing and other business issues. Carr was the author of The Art and Business of Photography, published last year by Allworth Press.

Carr was the editor of ASMP business publications including ASMP Professional Business Practices in Photography, Seventh Edition and The ASMP Guide to New Markets in Photography, scheduled to be published later this year. She also created and edited the ASMP Strictly Business blog.

In Carr’s memory, ASMP announced it will launch The Susan Carr Educators Award, an annual prize for photo educators, to be awarded annually.

More information is available on the ASMP Strictly Business web site.

 

July 31st, 2012

With Much Ado About Public Service, Google Pleads Fair Use in Big Copyright Case

Arguing that its Google Books program makes fair use of copyrighted books by providing an indispensable public service, Google has asked a federal court to dismiss The Authors Guild’s claim that Google is infringing the copyrights of authors on a “massive” scale.

Google has scanned more than 12 million books–many of them still under copyright protection–as part of its Google Books program. Google indexes every word of the scanned books. It then makes snippets of the books available in search engine results, according to keywords entered by Google search engine users.

Google’s use of books is fair because it provides vast public benefits without any demonstrated harm to plaintiffs,Google asserts in its motion, filed in US District Court in New York City on July 27. (Emphasis is Google’s.)

The Authors Guild originally sued Google for copyright infringement in 2005, alleging the search engine company is scanning books without permission from authors for its own commercial gain. The guild says the Google Books program undermines the ability of authors to license and sell their books. It is seeking a court injunction to stop the Google Books program. The American Society of Media Photographers has filed a similar but separate lawsuit against Google in 2010.

In making its fair use argument, Google paints itself as a beleaguered public servant, prevented from advancing human knowledge by specious claims of copyright infringement.

“Google Books is an important advance on the card catalogue method of finding books,” the company says in its motion. “The advance is simply stated: unlike card catalogues, which are limited to a very small amount of bibliographic information, Google Books permits full-text search, identifying books that could never be found using even the most thorough card catalog. Readers benefit by being able to find relevant books. Authors benefit because their books can be more readily found, purchased, and read. The public benefits from the increase of knowledge that results.”

Google says that users cannot download the entire text of the books that show up in the search engine results. It only leads them to relevant books which they can purchase elsewhere if they wish.

The scanning and indexing of the books is fair use, Google argues, because the end use (thorough indexing of every word of every book) is “highly transformative”:  Google search engine users can search for information and get results showing snippets from all books containing the search terms. “Indeed, it is no overstatement to say that Google Books has transformed scholarly research,” the company says in its motion. “Google Books yields a literally unprecedented public benefit, and that benefit militates strongly in favor of a finding that Google’s scanning,indexing, and snippet display constitute fair use.”

Google does not mention that its apparent fit of civic virtue is driven by the potential to turn a profit by scanning and indexing the copyright works of authors. Those who use the Google Books index would effectively provide Google with personal information every time they did a search. That information could be sold to marketers, or used by Google to push highly targeted advertisements to Google search engine users.

But Google waves its hands to distract the court’s attention from all of that: “Google’s status as a commercial entity does not tip the scales against a finding of fair use…Much more significant is that a student or professor (or indeed anyone who finds a Library Project book on Google Books) is engaging in precisely the sort of use historically favored as noncommercial.”

Google and The Authors Guild had reached a tentative agreement in 2009 to settle the case. It would have allowed the Google Books program to continue if authors were allowed to opt out. But the judge in thee case rejected the agreement. He said the agreement would have to be ‘opt in’ for all authors (rather than opt out) in order to comply with copyright law.

Google has rejected an ‘opt in’ system as too cumbersome, so the Authors Guild suit has continued. The ASMP lawsuit is also pending.

Without commenting directly on Google’s motion, attorneys for The Authors Guild say they have filed their own motion for summary judgment. That motion is not yet available for public review, however.

Related stories:
Judge Block’s Google’s Divide-and-Conquer Strategy in Big Copyright Case
ASMP, Other Trade Groups Sue Google (subscription required)