World Press Photo Looks To Change Contest Rules For Retouching

The controversy that erupted this summer over the World Press Photo award winning image taken by Paul Hansen has forced the organization to examine their contest rules. In a press release on October 2nd announcing contest chair Gary Knight, Managing Director Michiel Munneke explained: “We have evaluated the contest rules and protocols and examined how to create more transparency, and we have changed the procedures for examining the files during the judging. We will announce further details when the 2014 Photo Contest opens for entries later this year, but the bottom line is that we will need to be able to rely on the integrity and professionalism of the participating photographers.”

Relying on the integrity of photographers is fine when it comes to the level of manipulation where things are added and removed from images, but the larger issue is that World Press Photo in the past has allowed the jury to decide what it deems “currently accepted standards in the industry” for retouching. And this opaque rule is what allowed a mob to form and go after Paul Hansen in the first place. Here are their rules for retouching at the time:

The contest entry rules state that the content of the images must not be altered. Only retouching which conforms to currently accepted standards in the industry is allowed. The jury will consider what they deem acceptable in each category during the judging

I hope that an organization with the reputation of World Press Photo will tell the world what these “currently accepted standards” are and set an example for newspapers, magazines and other contests. Despite the finger wagging of publications like PDN (ironically pushing over a dozen photo contests of their own) at the mob’s accusations towards Paul, the problem lies not with the blogger’s headlines, but rules that leave photographers hanging out to dry when questions arise.

The darkroom is long gone and a RAW image can have many different interpretations as it’s brought to life on the computer screen. Expecting photographers to not produce contest winning interpretations when entering World Press Photo is folly.

New Feature: Professional Photographer Webcast

On Wednesday October 16th at 2pm EST (11am PST) there’s going to be a live webcast here on the blog and over on google plus where we discuss working in editorial and commercial photography. Basically the mission of this blog only in a webcast where I can have guests and take questions from people watching. I’ve already done one as sort of a test run that you can check out and decide if it’s something you’d be interested in watching here: http://www.youtube.com/watch?v=WrS77wlfzYw

Vimeo version here: https://vimeo.com/76621579

The goal is to try a new format for discussing topics of interests for Professional Photographers and because I don’t think there’s much out there for pros it should be worth producing a few times a month. I also like the idea of having guests on and discussing everything freeform instead of writing blog posts, something I’m doing less and less of 6 + years into this. Each episode with have myself representing the editorial perspective and Suzanne Sease talking commercial photography plus a guest or two. Next week our guest is Art Producer Kat Dalager. Send me any questions you might have on the topic of Art Production.

Turning Down Work For Your Beliefs

Guest post by Ryan Smith

I have had many, many times when jobs fall through for reasons that are outside of my control. There haven’t been many times though when I’ve actively said no to a job and until last week, there had never been a time where I turned down a good paying job from a respectable agency because of ethical concerns.

That’s right. I left money on the table because I didn’t feel comfortable using my skill set to promote this particular client’s product. It was an extremely difficult decision. August is traditionally a slow month for me so when work comes along, and it’s paying reasonable rates, it’s really hard to say no. In this case however, I just couldn’t bring myself to work for this client. Without naming names (and please don’t try to guess), I will say that this client promotes a particular product that I just don’t fully support. I don’t think it’s good for people, the environment, our country or our future.

The reason I don’t want to identify this client is because the people who work for their agency of record are good people whom I like and want to continue to work with. I don’t want my ethical dilemma to reflect negatively on the agency’s business. This is an important point because I greatly value relationships and as a freelancer and small business owner it’s paramount that I maintain good working relationships.

The agency understood my position and even respected my decision. Which is pretty amazing when you think about it. There they were, offering me good money to shoot a job that countless other photographers would probably jump at. And here I am saying no to a job that didn’t even require any negotiation. Here’s the budget, here’s the shot list, it’s yours if you want it.

And, here’s the kicker. The actual assignment sounded interesting to me. I think it would have been a lot of fun to shoot, but I just couldn’t reconcile my feelings about how the images would be used. I thought long and hard about this assignment, but ultimately I had to turn it down. I like to think that I’m sticking to my ethical code and that I’m above selling out, but I wonder how the decision would have been different if the fee for the job could have been “life changing” for me and my family. Where do you draw the line and how do you balance supporting your family and maintaining a good conscience? There is a lot of gray area and only you can make the decision.

For now though, I feel good about not taking the job. Do I wish I was making money right now? Yes, but there are other jobs out there. Just to prove my point, literally within one hour of deciding to turn down this job I received an email from another agency asking me to bid on a much better job for a client that I can really pour all my energy into. Now just keep your fingers crossed that I win the bid.

This post originally appeared here: http://www.playingworkblog.com/2013/08/i-could-be-shooting-right-now-instead-im-writing-this/

A follow up post can be read here: http://www.playingworkblog.com/2013/09/the-opportunity-to-choose

Houzz Has Your Image Rights, How Long Before They’re Selling Them?

It may already be too late. Houzz appears to be using the images posted by professional photographers to illustrate editorial stories they create for the front of the site. One photographer was contacted by a staff writer to find out who built what was depicted in the images with no mention of licensing the images for this reuse.

It’s not unusual for social media sites to have onerous terms when it comes to posting your images on their site. Generally this is because they have to host the images on servers which may be located anywhere in the world and repost the images at will for other people to see. To solve this they take all your rights… We’re all suspicious of what might come next but so far that’s been the extent of what they do.

Houzz has taken the first step in reuse that should be of great concern for professional photographers. Paying writers to create editorial content with images uploaded to the site competes directly with existing editorial outlets that pay for a similar use. So not only are they ripping off photographers they’re stealing readers from outlets with their free content. And as Houzz works towards a profitable business model they will start selling advertising against their freely obtained content… and their evil plan will be complete.

I’ve written about this before but it’s worth mentioning again. Google, Facebook, Twitter, Houzz, et al have not reinvented the wheel here (despite all the talk about new business models). They’ve simply discovered a lower cost way to obtain content: free (the business model of free has been around forever). And they’re now selling advertising against that content which is no different than how the New York Times, GQ, etc. operate. Except of course, those guys all pay for their content.

Photographer Caren Alpert first alerted me to the Terms on houzz.com:

“As part of your use of the Website, you may participate in certain ideabooks, message boards, member communications and/or other public forums. Your participation is voluntary; however, by choosing to create ideabooks, post photos or comments, send any messages, submit any ideas or feedback, or otherwise participate in any Houzz forum, you acknowledge and agree that any postings, messages, text, photos, audio/visual works, information, suggestions, feedback, reviews or content provided by you (collectively, “Content”) may be viewed by the general public and will not be treated as private, proprietary or confidential, and you authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.”

Working In China

Guest post by Shannon Fagan

My post a couple of years ago about jobs in China on A Photo Editor occasionally generates some interested persons to reach out and take the time to email me about working in Beijing, Shanghai, or perhaps Shenzhen. There have been no takers that I am aware of for the jobs though, and the reasons are interesting, curious, worthy of review. I’m now at the two and a half years point in my relocation from New York City to Beijing; well beyond the rose-colored glasses, but not blinded by the smog either. This is an update to that storyline, which I thought would be interesting to APE’s readership, all of who undoubtedly hear a lot about the wonders of the Chinese economy. So bizarre and numerous are the stories in the news, that now The New York Times, Getty Images, and iStockphoto are all blocked in China along with just about every serious social media outlet produced in the United States, including Facebook, Twitter and Youtube.

Shaun Rein, an agile entrepreneurial consultant to industries interested in relocations to China, and I occasionally trade communication about the amazing adjustments necessary here and which make working in China as a small foreign business very difficult. Add on top of these situations, that I have initiated a creative-based business, and it’s been a ripe learning experience. In under the first two years, I bailed a job applicant out of a silence-only windowless detention center, was blackmailed by a college student intern, was locked inside of a store and manhandled to purchase knockoff wardrobe, been visited by local officials bearing cameras and voice recorders, been encouraged to pay countless kickbacks (particularly for models), had company salaries removed from the office (while I was on vacation), and then blocked from the market of Mainland China by a competitor. It’s thus a little tongue and cheek to say that I have learned more about operational fundamentals in Beijing via episodes of AMC’s Breaking Bad, than stories in Businessweek. That is not to say that McKinsey and Company level expertise is not warranted in this market, but rather that such operational mechanisms are handled, as Shaun Rein has reminded me, at the Fortune 500 level, and not the small entrepreneurial startup arena of 50 workers or less, locally referred to as SMEs (Small Medium Enterprises).

China is amazingly interesting now; yes, despite the hurdles. We just saw the initiation of a new government and officially mandated Five Year Plan adjustment. The country is blossoming in subtlety as I learn the local language and become increasingly aware of the social context framework. I have, and I really do believe this, the hardest working production team that I have ever had anywhere, here now operational in Beijing. We’re having fun (it’s important to remember that) and we’re making images in droves that were never available before to the Chinese economy (our modus operandi). All are model and property released with technical specifications for global advertising, from a market overflowing in IPR theft and with little historical involvement in international advertising. It’s an entrepreneurial venture that has awakened in me all the challenges that I was seeking and for which New York City no longer provided during The Great Recession of 2008 forward.

This write-up is an insider’s take on the notorious economy in China for foreign commercial art creatives interested in participating. It is important to know that the manner of the mechanics of the economy here in China are different than in the US, where equal opportunity meets equal amounts of work. China is very much divided in the scope of work available and where the jobs are going. In the years since the post on APE, I have come to know, and probably more so accept, that the economy in China is and will be for a very long time barred from foreign participation unless the individual is embedded near permanently locally. This makes what may seem like “doing business in China” very difficult for one-off trips of assignment work. That does not mean that there is no opportunity to pursue, but those opportunities would be best spent (for a foreigner’s time and money), in contacting the normal routes of introduction to clients…i.e., ad agencies in Asia, or, better yet, advertising/design agencies in the West with the interests in sending a photographer abroad to do the work.

That’s the short take.

The longer take, important to us all since this is looking to be among the preeminent future economies in the world, is that the reasons for this lay within the manner in which the Chinese economy is situating itself. The meat and potatoes are essentially this: there are two types of jobs in China.

In Group 1, are the Chinese client jobs aimed to local talent; primarily focused on price (about 1/3rd the foreign norm), and not particularly focused on creative achievement but rather “technical achievement” (can the chosen worker do the work performed?). A lot of the latter deals with lacks of trust running between Chinese society and their government, the manners of establishing credibility in the market, the educational system setup, and the like. The work is provided through networks of communication (one’s work relationships), and it takes time to get those and even longer to maintain them. One would have to be in China to navigate this, and I do not see this system changing in the near future. If one had an interest in pursuing Chinese clientele, the scope of obtaining the jobs is much more labor intensive than a drop of a portfolio and massage of a budget. One would have to be in the trust network, and provide a lot of pre-emptive service to estimate, re-estimate, shoot tests, and the like, in order to establish an assignment. This would be an assignment, which in the end, would not generally remunerate for the time to do this setup work. Thus, the market is going to remain segmented. To do this from abroad is logistically not possible. As Shaun mentions, “it can be challenging for foreign creatives to work with Chinese clients, as historically Chinese firms are not willing to pay top dollar for creative services and consulting while they are for something tangible like hardware.”

In Group 2, there is foreign client work using both local and foreign talent and the work is budgeted according to both international price and local price. It varies widely and depends on the job. These jobs are often being situated in editorial focus, such as events and news stories, corporate portraits, and similar kinds of work. Actual advertising work is channeling for Westerners by the Westerner being connected primarily to the Western client before China becomes the focus. Thus, the manner of getting the work is similar to the way that photographers are marketing now. This is the system in which one has a potential client knowledgeable about their commercial artwork, and the client happens to have an assignment in China, or India, or Chile, or Fargo, North Dakota. This manner protects the photographer for licensing and payment, the bigger concern being simply getting paid. The local established method of money trading hands in China is almost always one half of the money up front, and the other half upon delivery. This delivery part can leave the living-abroad individual hanging if there are not protective mechanisms in the middle. One has very little power in Chinese legal systems (both Chinese and foreigners alike).

After two years, numerous jobs have come across my desk, but in nearly every case they have fallen into one of the two groups above. Time and again, interestingly, I have listened to foreign photographers living in China resolutely state that all their work is generated from foreign-only clients, and I found this odd. Odd because, often their experience, their years on the ground, their language abilities, even their Chinese friends, would all seem to suggest that other options were available to these candidates. But, I did not come across situations where this factually, more than hearsay, appeared to be the case in marketing and actual work performed. It could be that this market in China is generally quite underdeveloped in maturity compared to the Western focus of photography/creative economies seen in other major cities where there is mentorship, “rules” of engagement, and situations inducing competition to innovate. Certainly this is the case to a large degree, as standardization is wide here, but still difficult to measure since there is no over encompassing organization and each individual is mostly left to his/her own manners of development.

China is a very interesting place and economy. In many ways, I wish that there were more easily-situated work available to back up the post online a couple years back, but what I came to learn was that those offers were in Group 1 above, and generally not realistically obtained for those working outside of China. It may be the case that as my understanding of Chinese work and life continues, I will see yet another subtlety to the situation and go back on my analysis here as to why these market offers of work are not being met with foreigners showing up and actually doing that work. Clearly there is money flowing in China and there is work to be had, but it’s the mechanisms and logistics that are barring foreign operators from participation. China has everything that the West has, but it has its own local version: YouKu is China’s YouTube, Weibo is our Facebook, and all of these established Western websites are blocked. This should give a taste for the complications and when one multiplies them by the idiosyncrasies of daily life, it makes what seems as easy as a plane ticket and visa, quite relatively removed.

The bottom line is this: One, do not expect it to be easy to work in China. Two, do not expect on-the-ground support to the degree of comfort and planning that the West offers. Three, plan to exercise a great deal of patience upon each setback. Four, plan on needing to be present for supervision and quality control throughout the process. Five, the cultural barrier is greater than the language barrier. Six, jobs pay less. Seven, everything is transient, have multiple backup plans. Eight, China isn’t inexpensive for foreign businesses anymore. Nine, the Kung Po Chicken tastes better. Ten, the Chinese experience is exhilarating.

This is an image of the sun on a typical bad air quality day in the summer in Beijing. Ironically, for as unpleasing as it is to be outside in such conditions, it can be favorable for the overcast lighting effect and warm color hues that it creates for productions.
This is my smog and UV shield combination that I sometimes use when bicycling around Beijing.
Location scouting in China requires a lot of on the ground hussle and relationship building. Given the hurdles for cultural and language differences, we’ve seen great results by presenting our portfolio and team in person at target locations that we wish to shoot at. We do this in combination with our work in the community to develop mutually beneficial business relationships.
Outdoor locations in Beijing are relatively easy to shoot in since they generally do not require a permit. However, it takes a dance of logistics and conversation should local security arrive. It requires experience to understand who is real security and who is simply instigating trouble for a kickback payment. There are times when we politely engage, and other times when we know that we should wrap set and move on.
My newest favorite piece of equipment is my ultra tall Gitzo tripod. Obtaining international brand photo gear in China can be difficult since the choices are limited. I often transport new items to China after trips back to the United States. Repairs are equally complicated since international shipping is usually required.
We’re often involved in the local community with hands-on demos and recruiting from the local schools, whether that be from photo education, design schools, or business programs. Our best local job candidates come from a variety of backgrounds. There really is no one rule in hiring for production and photography work here. We have developed an in-house method to train our assistants since there is very little mentorship for this profession in China.
This is a behind-the-scenes image from our cover shoot for Time Out Beijing’s “Old Beijing” issue in February 2012. It later was voted as the best cover in Time Out Beijing’s 100 issue history.
Though this may look like the moon, it is actually an unmanipulated image of the winter sun in Beijing on a bad air quality day at noon. Beijing’s air quality levels have come under severe scrutiny in the past year after a particularly bad winter season for air pollution. It is not uncommon for a string of days in the winter months to be recorded at levels above the US Embassy’s top instrument reading of 500 AQI. There was a particular day in January 2013 that was recorded at 755 AQI. http://www.youtube.com/watch?v=48VAFtUlPLc#t=27
The Beijing winter can be terribly cold and exceedingly smoggy. The particulate in the air often renders one exhausted by late afternoon. In an effort to cut down on exposure, I found that wearing regular ski googles can be an effective shield to my eyes from the air pollution and dust.

 

Why Is There Sexism in Editorial Photography?

Guest Post by Erin Patrice O’Brien

I was doing a shoot last week for Golf Digest with Christian Iooss, the magazine’s director of photography. We were photographing a celebrity who golfs with a bunch of set-ups. I have worked with Christian and his deputy picture editor, Kerry Brady, a few times in the past.

It occurred to me that this was probably Christian’s first shoot where he just happened to be surrounded by all women. On that day, my two assistants,Lyndsey Newcomb and Rebecca Reed, were women, and the prop stylist Helen Quinn also had an entirely female crew. Christian and I talked about the differences between men and women photographers, some of which were apparent, others seemingly assumed by certain photo editors.

I always recognized that the editorial side of media seems to embrace, or at least maintain, the good-ole-boy network. It’s bothered me for some time, particularly given the female talent in the market on the demand and supply sides. There are plenty of amazing women photographers out there who are not getting hired by magazines in spite of the fact that the majority of photo editors are women. I’m pretty sure the break out among photo editors is 80% women and 20% men. With that figure in mind, I realized that of the editors who hired me it was a 50/50 split of female to male. The same thing goes for art buyers. Seriously.

After the shoot, Christian forwarded me a thoughtful blog post by a photographer named Daniel Shea. Daniel observed that there was an absence of women working on the magazines for which he was currently shooting and questioned why?

Thank you, Daniel. I have been questioning this for a very long time.

When in college, I spent hours at the library, looking at photographers whose work captured my imagination. I was into Sally MannNan Goldin,Richard Avedon and Helen Levitt. When I opened magazines, I was inspired by the work of Annie LeibowitzSheila MetznerSarah MoonPeggy Sirota,Pamela HansonBrigitte Lacombe and Ellen von Unworth. They were doing what I wanted to do. They were women photographers with their own vision who were making beautiful work. Mary Ellen Mark was my idol, closely followed by Melodie McDanielCleo SullivanDana Lixenberg and Elaine Constantine.

I would scour magazines to find the latest and most interesting work. I would rip out the pages from VibePaper, and i-D with the work of Melanie Mcdaniel, Elaine Constantine, Dana Lixenberg, Cleo Sullivan, Anna Palma and Corinne Day. They inspired me. I loved their work. I loved their perspective. It made me think in a different way, and I learned from it. I would read The New York Times and be inspired by Brenda Ann Keneally. I printed at Printspace next to Baerbel SchmidtJustine KurlandImke LassSylvia OtteGillian LaubElinor CarlucciTracey Baran and an assortment of guys whose careers took shape much differently than mine.

When I arrived in New York City in 1995, I began assisting many photographers, including Jill GreenbergTria Giovan, Anna Palma and Ellen Silverman, none of who had assisted and all of whom had their careers going. I also worked for a bunch of male photographers. It was much harder to be a female assistant. I would work for fashion photographers as a second assistant and literally feel invisible on the set because the other women were skinny models who were sixteen years old. When I would pick up from the equipment rooms at any of the big studios, I was routinely treated like a “girl who couldn’t possibly know anything.” The men running the equipment rooms were bullies who hated their jobs and took it out on assistants who were not part of the cool club. Pier 59 anyone?

What I learned from Jill Greenberg was that you didn’t have to know everything technically. One could figure it out by experimenting or have an assistant show you how to do it. I saw her experiment and test things and be creative. She knew what she wanted. Jill was just a year older than me and she was doing it. We had our differences, but she took Michele Pedone and me under her wing and gave us solid work for a year on cool shoots as opposed to working for still life photographers wiping off perfume bottles.

When I look through magazines or online, if I see a picture that I love, 9 times out of 10 it is the work of a female photographer.

George Pitts was instrumental in hiring women and black photographers and showing a completely different perspective to the world. Vibe was first where I saw many incredible female photographers. It was breathtaking. Pitts told me once that he thought women were better photographers and it really stuck with me because I agreed. My favorite photographers have always been women.

I can’t tell you the number of times that people would come to my shoot and walk right past me looking for the photographer. Or how many times that I’ve been asked if I was the makeup artist simply because I was a woman standing on the set.

Some female photo editors who will go unmentioned that I have worked with put their own glass ceiling issues above women photographers.

Translation: Women don’t frequently help other women in business, even when it benefits both. A lot of times my work and that of other female photographers is relegated to the front of the book (magazine speak for work appearing before the feature well), while male photographers get the cover or the big feature story. Conversely, some of the male photo editors that I’ve worked with have given me some of my most challenging assignments that I am sure a female photo editor in the same position would never give to a woman.

There are many female photo editors who really do hire equally and have supported me throughout my career, and I am very thankful for and could not have succeeded without them: Leslie dela Vega, Doris Brautigan, Nickie Gostin, Michelle Molloy, Brenna Britton, Kathy Ryan, Crary Pullen, Lucy Gilmour, Donna Cohen, Rebecca Simpson Steele, Amelia Haverson, Fiona MacDonagh, Kathy Nguyen, Rebecca Horne, Heidi Volpe, Florence Nash, Helen Cannavale, Phaedra Brown, Julie Claire, Ernie Monteiro, Donna Cohen, Sarah Harbutt, Yvonne Stender, Kate Osba, Raquel Boler and Michele Romero…to name a bunch.

When I was pregnant, I was worried that no one would hire me if they knew, so I didn’t tell any photo editors until I wasn’t allowed to fly anymore. After I had my daughter, Maya, photo editors like Marianne Butler, Victoria Rich and Suzanne Regan hooked me up with jobs that were in NYC for a while, or said you can bring the baby.

When I get a call for a shoot, usually my first call is not to secure an assistant, but to make sure I have childcare coverage. I live in a community where I know other parents that are able to pick up my daughter if my shoot runs late or even have her sleep over. I feel blessed to make a living as a photographer. I love what I do.

And those skills of being able to manage a business, a household and a child are things that have taught me to troubleshoot and always be prepared for surprises that require solutions. I know that if an assistant, stylist or babysitter doesn’t show up I will still be able to do the job.

Daniel Shea says, “In my own personal experience shooting high-profile people and situations, shoots can get tense quickly, and you have to be able to be aggressive and assertive in a time-crunch situation. That is in no way meant to suggest that women can’t do that, but here is where sexism rears its ugly head—if women are perceived as being less able to handle those situations, that can definitely factor into the decision to hire men.”

The constant multitasking that is my life as a woman, mother and photographer makes me more qualified to deal with time crunch and stressful situations better than most. I am completely confident when doing three set-ups in an hour, which I did the other day, or handling the “you will have 10 minutes with this person” shoots. I can do these shoots with my kid pulling my hair or climbing on me because I can shut out everything except the shoot. It’s the nature of the job. It’s also my life.

One photo editor I spoke to told me, “As a photo editor (and not a photo director), I get to choose a short list of photographers, send them to my boss and hopes that he/she picks the one I want to use. I think a lot of time PEs want to hire women and their directors go for the guys—I don’t know why that is, maybe because they have a history, maybe its because their name is better-known. I have had many—MANY—conversations with editor friends of mine who keep having to hire the same male photographers because that is what their boss wants, I think most, if not all, PEs see the ratio and realize it’s fucked up.”

Women and men get different things from their subjects. It’s how we relate to each other. This is an important conversation. I know that Daniel Shea is compiling a list of female photographers that he would endorse which is great. I have my own list worth sharing.

My list has been in my head since I started shooting, and it keeps getting bigger. I am always checking out and inspired by the really cool work of women photographers. What female photographers’ work matters most lately? Delphine Diallo and Sarah Wilmer blow me away. Livia CoronaLauren GreenfieldGail Albert Halaban and Elaine Constantine are all doing things in different media, but to great effect and on their terms. Dulce Pinzon,Maggie SoladayAmanda Kostner and LaToya Ruby Frazier are pushing cultural, social and economic boundaries with their extraordinary work. Sandra Myhrberg started her own fashion magazine, called Odalisque, where she employs a ton of women photographers. And the female brands behind some of the biggest corporate brands: Olivia Bee and Elizabeth Weinberg.

That Daniel Shea is bringing up this issue is important. But what of the many women—photo editors, for example—who can do the same but choose to sit on the sidelines instead, avoiding taking risks and playing it safe to their own career benefit? Women will rise in greater numbers when other women take risks by pushing the talents of unknown and little-known women, and by the continued support of men who have the power and influence to get women recognized. It’s not an either-or scenario. Both things have to happen. And men need to stop hiring other men who are just like them. By default that places women at a disadvantage.

Here is a big list of women photographers who are all…. killing it.

 

Portrait

Alessandra Petlin http://alessandrapetlin.com

Alison Aliano http://www.alysonaliano.com

Angie Smith http://angiesmithphotography.com

Anna Bauer http://www.annabauer.com

Annie Liebowitz http://annieleibovitz.tumblr.com

Autumn de Wilde http://www.autumndewilde.com

Barbel Schmidt http://www.baerbelschmidt.com

Cara Bloch http://carabloch.com

Cass Bird http://www.cassbird.com/

Catherine Ledner http://www.catherineledner.com

Christina Gandolfo http://www.cgandolfo.com

Dana Lixenberg http://www.danalixenberg.com

Danielle Levitt http://daniellelevitt.com

Darcy Hemley http://www.darcyhemley.com

Delphine Diallo http://www.delphinediawdiallo.com

Dulce Pinzon http://www.dulcepinzon.com

Elaine Constantine http://www.elaineconstantine.co.uk

Elizabeth Weinberg http://elizabethweinberg.com

Emily Shur http://www.emilyshur.com

Erika Larsen http://erikalarsenphoto.com

Erin Patrice O’Brien http://erinpatriceobrien.com

Eugenie Frerichs http://eugeniefrerichs.com

Flora Hantijo http://florahanitijo.com

Gabriela Hasbun http://www.gabrielahasbun.com

Gillian Laub www.gillianlaub.com/

Guzman http://www.lesguzman.com

Jessica Antola http://antolaphoto.com

Jessica Wynne http://jessicawynnephoto.com

Jill Greenberg http://www.jillgreenberg.com

Kendrick brinson http://kendrickbrinson.com

Kyoko Hamada http://www.kyokohamada.com

Lisa Wiseman http://www.lisawiseman.com

Lamia Maria Abillama http://www.lamiaabillama.com

Lori Adamski Peek http://www.adamskipeek.com

Mackenzie Stroh http://www.mackenziestroh.com

Martha Camarillo http://marthacamarillo.com

Mary Ellen Matthews http://www.jedroot.com

Megan Peterson http://www.meghanpetersen.com

Meredith Jenks http://www.meredithjenks.com

Michele Asselin http://www.asselinphotography.com

Michelle Pedone http://www.michellepedone.com

Morgan Levy http://morganrlevy.com

Naomi Harris http://naomiharris.com

Olivia Locher http://olivialocher.com

R. Jerome Ferraro  http://www.jeromepix.com

Robin Twomey http://www.robyntwomey.com

Sage Sohier http://www.sagesohier.com

Sarah Wilson http://www.sarahwilsonphotography.com

Susana Howe http://www.susannahowe.com

Sylvia Otte http://www.silviaotte.com

Sarah Wilmer  http://sarahwilmer.com

 

Lifestyle-Fashion

Amanda Marsalis http://www.amandamarsalis.com

Anna Wolf http://www.annawolf.com

Beth Perkins http://www.bethperkins.com

Brigitte Sire http://brigittesire.com

Catherine Wessel http://www.cathrinewessel.com

Chloe Aftel http://www.chloeaftel.com

Christa Renee  http://www.christarenee.com

Debra LaCoppola http://photoduo.com

Ditte Isager http://www.ditteisager.dk

Emily Nathan http://www.emilynathan.com

Erica Shires http://www.ericashires.com

Ericka McConnell http://erickamcconnell.com

Jennifer Rocholl http://www.jenniferrocholl.com

Karan Kapoor http://www.karankapoor.com

Kate Powers http://katepowers.com

Kathryn Wolkoff http://katherinewolkoff.com

Melanie Acevedo http://www.melanieacevedo.com

Nina Anderson http://www.ninaandersson.com

Olivia Bee http://www.oliviabee.com

Samantha Casolari http://www.samanthacasolari.com

Sarah Kehoe http://www.sarahkehoephoto.com

Sue Parkhill http://www.sueparkhill.com

Terry Doyle http://terrydoylephoto.com

Thayer Gowdy http://thayergowdy.com

Venetia Scott http://www.clmuk.com/photography/venetia-scott

 

Fashion and Beauty

Amanda Pratt http://www.amandapratt.com

Amber Gray http://www.ambergray.net

Anna Palma http://annapalma.com

Caroline Knopf http://www.carolineknopf.com

Catherine Servel http://catherineservel.tumblr.com

Chloe Mallet http://www.raybrownpro.com/

Claudia Fried http://claudiafried.com

Claudia Goetzelman http://www.claudiagoetzelmann.com

Cleo Sullivan www.cleosullivan.com

Colleen Rentmeister http://www.colienarentmeester.com

Corinne Day http://www.corinneday.co.uk

Daniela Federici http://danielafederici.com

Elinor Stigle http://www.ellinorstigle.com

Ellen Stagg http://thestaggparty.com

Ellen Von Unwerth http://www.ellenvonunwerth.com

Gabriele Revere http://www.gabriellerevere.com

Indira Cesarine http://www.indiracesarine.com

Jamie Isaia http://jamieisaia.com

Jennifer Livingston http://www.jenniferlivingston.com

Julia Pogodina http://www.juliapogodina.com

Karen Collins http://karencollinsphoto.com

Kate Orne http://kateorne.com

Liz Von Hoene http://www.lizvonhoene.com

Melodie McDaniel http://www.melodiemcdaniel.com

Micaela Rosato http://micaelarossato.com

Ondrea Barbe http://ondreabarbe.com

Pamela Hanson http://pamelahanson.com

Paola Kudacki http://www.clmuk.com/photography/paola-kudacki

Sandra Myhrberg  http://sandramyhrberg.com

Sarah Moon http://en.wikipedia.org/wiki/Sarah_Moon

Sarah Silver http://www.sarahsilver.com

Sheila Metzner http://www.sheilametzner.com

Stephanie Rausserhttp://stephanierausser.com

Yelena Yumchuk http://www.2bmanagement.com/

 

Still Life, Food Interiors Lifestyle

Alexandra Rowley http://www.alexandrarowley.com

Amy Eckerton http://www.amyeckertphoto.com

Andrea Chu http://chucandy.com

Andrea Gentylhttp://www.gentlandhyers.com

Andrea Wyner http://www.andreawyner.com

Anita Valero http://anitacalero.com

Anna Williams http://annawilliams.com

Aya Brackett http://www.ayabrackett.com

Beth Galton http://bethgalton.com

Beatriz Dacosta http://www.beatrizdacosta.com

Burcu Avsar http://www.burcuavsar.com

Diana Koenigsberg http://www.dianakoenigsberg.com

Ellen Silverman http://www.ellensilverman.com

Erika Rojas http://erikarojasphotography.com

Erin Kunkel http://erinkunkel.com

Katherine Barnard http://kathrynbarnardphoto.com

Leela Syd http://leelacyd.com

Linda Pugliese http://www.lindapugliese.com

Ngoc Minh Ngo http://patbates.com/ngoc_minh_ngo/

Melissa Punch http://www.melissapunch.com

Moya McAllister http://www.moyamcallister.com

Maura McEvoy http://www.mauramcevoy.com

Rachel Watson http://rachelwatson.com

Rita Maas http://www.ritamaas.com

Sara Remington http://www.sararemington.com

Tara Donne http://www.taradonne.com

Tria Giovan http://triagiovan.com/

 

Documentary

Amanda Koster http://www.amandakoster.com

Amira al Sharif http://www.amiraalsharif.com

Anastasia Rudenko http://www.anastasiarudenko.com

Andrea Gjestvang http://andreagjestvang.com

Annabel Clark http://www.annabelclark.net

Brenda Ann Keneally http://www.brendakenneally.com

Chiara Goia http://www.chiaragoia.com

Chloe Dewe Mathews http://www.chloedewemathews.com/hasidic-holiday/

Christina Paige http://www.christinapaige.com

Dorothy Hong http://www.dothong.com

Elissa Bogos http://elissabogos.squarespace.com

Ericka McDonald http://www.ericamcdonaldphoto.com

Emily Berl http://www.emilyberlphoto.com

Erin Siegel McIntyre http://about.me/erinsiegal

Gail Albert Halaban http://www.gailalberthalaban.com

Imke lass http://imkelass.com

Jessica Dimmock http://www.jessicadimmockphotography.com

Katarina Premfors http://www.katarinapremfors.com ngo, inspirational

Kate Brooks http://www.katebrooks.com

Kathryn Cook http://www.agencevu.com

Katrina Dautremont http://katrinadautremont.com

Latoya Ruby Frazier http://www.latoyarubyfrazier.com

Lauren Fleischman http://www.laurenfleishman.com

 

This post originally appears here: http://erinpatriceobrien.tumblr.com/post/60936647347/a-response-to-sexism-in-editorial-photography

When Photographers Become The Media Buy, Ad Agencies Get The Deal Of A Lifetime

Guest post by Mason Adams

Compared to print and web, mobile advertising is cheap. A print insertion can cost $40 CPM (Cost Per Thousand) while popular sites like Gawker sell banners for $10/thousand. Mobile averages $2.85.

This summer Mercedes hired 5 Instagrammers with the mobile­-centric agency Tinker Street to shoot their own road trip in the new CLA class ­- the person with the most likes at the end of the trip won a 3 year lease on the car.

“Take the Wheel brings together some of Instagram’s most influential photographers including: Paul Octavious(432,000 followers), Tim Landis (523,000 followers), Michael O’Neal (487,000 followers); Alice Gao (538,000 followers); and Chris Ozer(503,000 followers). Each “like” from their followers will bring them closer to the car.”

It’s a direction many brands and agencies are experimenting with and it begs the question: are the photographers being paid for their images or for access to their followers?

According to the Mercedes social media lead, the CLA Instagram campaign reached almost 90 million impressions (number of photos multiplied by the number of followers on the 5 accounts).  At $2.85 CPM that comes to a media buy of $256,500, or a minimum fee of $50,000 per photographer (on top of the normal creative fees and expenses).  Except that engagement on Instagram is normally 18 times higher than other mobile services. On the upper end, that’s $900,000 per photographer. Even without knowing the exact numbers, it’s easy to speculate that by hiring Instagrammers, Mercedes got the deal of a lifetime in advertising.

Photography is still the most important and impactful tool for advertisers to spread their message. This isn’t just an opinion,­ it’s reflected over and over in the statistics of companies that use photos to promote their products online. If educated about the true costs of advertising, I imagine that photographers with a large online audience would think twice about selling their followers out for a 3-year car lease.

Mason Adams is an artist manager and freelance photo strategist for advertising.

 

Art Producers Speak: Jeremy and Claire Weiss of Day 19

We emailed Art Buyers and Art Producers around the world asking them to submit names of established photographers who were keeping it fresh and up-and-comers who they are keeping their eye on. If you are an Art Buyer/Producer or an Art Director at an agency and want to submit a photographer anonymously for this column email: Suzanne.sease@verizon.net

Anonymous Art producer: I nominate Jeremy and Claire Weiss of Day 19. They are established but their work is nice and fresh. They also are very low key to work with and create no problems on set. They are very flexible when things change. I recently worked with them a campaign. There were a lot of problems on my side with the talent, which were musicians due to legal matters, and they sailed through drama free and accommodated the production 110 percent.

This shot was for Pepsi "Live for Now" campaign we did last year. Pepsi's first ever global campaign strangely enough. It was the biggest campaign for us exposure wise in the states and seeing you photos on billboards all over town and in Times Square does not get old.
We take a lot of pictures of our kid.
Shot for that same Pepsi campaign last year.
We saw this guy walking around Reading festival in England a few years back. He hadn't seen it yet so was excited to see the back of our camera. Slayer wasn't playing until the next day.
When we first moved to Los Angeles we had a ton of bands always staying with us and we would go to the shows mostly to drink free beer backstage but taking photos validated our drinking of the free beer. This is Casey from Hot Rod Circuit roughly 2003 at The El Rey shot on T-Max 3200. One of 3 frames shot that night.
We had the opportunity to shoot David Lynch for the now defunct Swindle Magazine and decided to shoot 4x5 film. We each shot about 4 photos of him before our time was up and he politely said "You were a pleasure to watch work" and walked away into his studio. This is is first and only shot we've looked at from that shoot. It also brings up a point about working for free and we'll probably get hate mail for saying it but working for free for broke magazines isnt a bad thing. I'd much rather have one of my all time favorite photos and memories than the 500 bucks.
We shot the launch campaign for Google Glass earlier this year in the middle of a blizzard in NY. The mayor actually  put a curfew one the city halfway thru day one. Made for some great pictures.
An idea we pitched to our office mates Monster Children about models in their cars using all available light in a Burbank parking lot. The idea with the cars ended up being kind of dumb but we got a great spread and a cool little short movie out of it.
Another idea we pitched to Monster Children for a fashion story all underwater using available light at night. The model actually fell 5 feet down into the infinity part of the infinity pool 5 minutes in and could barely walk which is the reason her foot is up but also the reason we love the image.
We've done 8 or 9 campaigns for Converse in the past 5 years and this was I'm guessing for their sunglasses. 3 great models we've brought back for other shoots.
Our assistant and translator/tour guide in Tokyo last year.
Aska from our ongoing 4x5 Polaroid Project.
Last summer we did month plus shoot with Leo Burnett and the last day was in the sand dunes outside of Death Valley so we brought a pool and a water truck out there to celebrate. And of course our motor home driver tackled the creative director into the pool. Totally normal day on set.
Jeremy in Turks & Caicos last month.
We went to Tokyo last year to shoot the biggest Korean pop band in the world's busiest intersection for Adidas.
Booyah!

How many years have you been in business?

I don’t know how long I would call it a legitimate business but starting getting some paying gigs around 2000 when we moved to Los Angeles. Claire and I didn’t start shooting together until 2006 and she waited tables up until 2007 and I would do movie extra work (it’s an easy gig in LA) and go on tour with bands selling merch and make little photo ‘zines with the tour photos and sell them to pay rent. I did that up until 2006 when we got a pretty big advertising job out of the blue, but that money went fast paying off debts so we were broke again in 2007. So to take an easy question and give it a difficult answer we have been making a living solely off of photography since 2008. I think people always saw us as bigger than we were really because we shot some pretty popular albums for friend’s bands but that paid pennies.

We both realized very early on we would never make great assistants, I tried twice and both times it ended pretty badly and I don’t think Claire ever even tried.

Are you self-taught or photography school taught?

Both. Claire and I met while we were both attending a county college in New Jersey where I was taking a photo class because I had shot a roll of film at a concert and this fanzine Anti-Matter wanted to publish it but only if the print had a black border around it. I had no idea what that even meant so I took a printing class to learn how. A teacher named Charles Luce showed me the magic of a filed negative holder at County College of Morris in 1998. I urged Claire to start taking some photo classes too and she fell in love with the darkroom. I miss the black border; it was like a badge of honor that you didn’t crop.

Who was your greatest influence that inspired you to get into this business?

The influences to start taking photos and to get into the business of taking pictures are totally different. I am from NJ and grew up taking the train into NY to skate every day and go to shows. I would always see guys like Ari Marcopolous, Chris Toliver, Tim Owen, and Larry Clark taking photos and I was intrigued by them but always too shy to talk to them. I got a camera from my mom and starting taking photos of my friends hanging out like I imagined their photos looked like. That’s what got me to start shooting and the eventually led me to take that class so I could make better prints than A&P was giving me.

Strangely enough the person who turned us on to the commercial world of photography we are in now was a photo rep who seeked me out because of the photos she had seen in one of those many photo ‘zines we had made. I guess someone showed her one and she called me and wanted to meet. She asked to see my portfolio but I only had photos taped into these black sketchbooks. It was her idea for Claire and I to work together because when she was helping me build a proper portfolio she wanted to use a photo of Jack Black that Claire had taken backstage at Coachella, so we ended up building a portfolio of both of our work in it. We didn’t really realize our work could fit into the advertising world, it wasn’t even something we aspired to until we started getting some advertising gigs and realized the clients and agencies just wanted us to shoot like we were shooting our friends.

How do you find your inspiration to be so fresh, push the envelope, stay true to yourself so that creative folks are noticing you and hiring you?

I think we are each other’s biggest inspiration. We get a kick out of bouncing ideas off of each other and there’s a healthy competition between the two of us to get an amazing shot. We only know how to shoot the way we do so we are always being honest with ourselves. Advertising came to us; we didn’t change our way of shooting to cater to the ad world. I’ve seen a lot of people, assistants and others; completely change their style to what the trend happening was. We had an assistant shoot in that super sharp ultra realistic whatever its called style when it was hip a couple years back and now they shoot “lifestyle”. Such a terrible word.

Do you find that some creatives love your work but the client holds you back?

Years ago we did. Our book would get us in the door but clients would always seem scared away probably because we had photos of a guy with Slayer carved into his back or a girl with a bloody nose in there too.

These days we have enough pretty successful campaigns under our belt that it makes it easier for clients to look past the tattooed lip photos etc.

What are you doing to get your vision out to the buying audience?

Honestly, we don’t do much self-promotion. We need to do more for sure. Our agency Giant Artists makes a book once a year that includes everyone on the roster that people seem to dig and we send out an email every couple months that maybe 3 people click. I’d say its mostly the work we’ve done speaks for itself and word of mouth gets us most of our work. We’ve had art buyers tell us that a creative director would put one of our photos on their desk and say, “find out who shot this” more than a handful of times. It’s flattering.

What is your advice for those who are showing what they think the buyers want to see?

Maybe it works for them, who knows? Our motto has always been show what you wanna shoot.

Are you shooting for yourself and creating new work to keep your artistic talent true to you?

We have an ongoing Polaroid Project that we do when we get a chance that’s more of an excuse to meet people doing cool shit than anything else. It’s pretty much the same photo of different people, Claire shoots one and I shoot one.

We don’t see much of a separation though of what we shoot for clients and what we shoot for ourselves. Maybe the stuff we shoot that’s not commissioned is a bit darker but that stuff usually gets referenced for an upcoming shoot when we end up showing it. Our goal going into every job is to want to completely redo our portfolio with the images when we are done. We’ve been lucky too that any idea we have outside of something we’ve gotten hired to shoot we’ve pitched to a magazine ahead of time and they gave us space to print it.

We’ve never done a “test shoot”.

How often are you shooting new work?

Never not shooting.

Jeremy & Claire Weiss split their time between Los Angeles, CA and Big Bear Lake, CA with their 5 year old son Eli.
studio@day19.com
Represented by:
Giant Artists
323.660.1996
info@giantartists.com

APE contributor Suzanne Sease currently works as a consultant for photographers and illustrators around the world. She has been involved in the photography and illustration industry since the mid 80s, after founding the art buying department at The Martin Agency then working for Kaplan-Thaler, Capital One, Best Buy and numerous smaller agencies and companies. She has a new Twitter fed with helpful marketing information.  Follow her@SuzanneSease.

Judge Dismisses Lawsuit Against Photographer Arne Svenson

The New York photographer who provoked controversy by photographing his neighbors through their apartment windows and exhibiting the images in a show has fended off lawsuit for invasion of privacy. New York State court judge Judge Eileen  A. Rakower dismissed the claim against photographer Arne Svenson, ruling that the photos in question were protected by the First Amendment. She also ruled that the images did not violate New York State civil rights laws, as the plaintiffs had claimed.”An artist may create and sell a work of art that resembles an individual without his or her written consent,” Judge Rakower wrote in her decision, underscoring a central principle of the case.

via PDN.

100 Portraits Before I Die

Photographer Giles Duley worked as a portrait photographer for 10 years before cynicism with celebrity culture took him in the direction of humanitarian issues. He had always hoped to return to portraiture, but while working in Afghanistan in 2011 he stepped on a landmine. It’s a miracle he survived as most soldiers who have an arm and two legs blown off do not make it. During the ensuing 46 days fighting for his life trapped inside his body, Giles imagined all the portraits he wanted to take, aware that now he’d probably never get the chance. He resolved that if by some chance he made it through he’d contact the names on his list and ask them to sit for a portrait.

Two years, 30 operations and a long rehabilitation later he has begun his journey on this website:
http://100portraitsbeforeidie.co.uk

The writing is fantastic:

I’ve had to hire all the equipment and I desperately trying to get it all set up in time with my assistant Noemie. It seems during my ten-year hiatus even the lighting stands have changed. I’m fumbling around trying just to set that up, it’s the most basic piece of kit here, but every time I let go of the stand, it just collapses and keels over. I’m the photographic equivalent of the embarrassing dancing dad at a wedding disco; a head full of fabled disco day memories, a present day of uncoordinated reality.

I decided to make a coffee but even there I’m faced with a NASA style interface and am left bewildered and coffee less.

In my planning I’d always thought the moments leading up to my first portrait would be a time of calm and reflection. A time to consider my subject and to focus on how I was going to record their essence in a single frame. Instead I’m a wreck, sweating like crazy and talking inanely to myself.

I’m also aware that I’ve underestimated the power of the lights. The 2.5k tungsten’s aren’t giving out enough light to make my set-up work as I’d hoped.

And it gets worse; I made a last minute decision to shoot this project on a medium format camera, something I was did all the time when I worked in studios. These larger format cameras are bulkier, but well suited to a studio where the produce much more detail in the finished images.

The last ten years though have seen a revolution. Last time I shot in a studio it was on film. Now I have a digital Hasselblad in my hands and I have no idea how it works. Naively I thought it couldn’t be that complicated, but I can’t even turn it on.

I’m looking forward to following the journey with Giles. Join me.

thx, Myles

Dwell’s New Promo Daily

Dwell Magazine has a new column online called “Promo Daily” where Photo Director Anna Alexander and  Associate Photo Editor Julia Sabot highlight promotional pieces they love. You can view their picks here:

http://www.dwell.com/people/julia-sabot

http://www.dwell.com/people/anna-goldwater-alexander

I asked Anna a few questions about the new columns and promos in general:

Tell me about the new Promo Daily?

My associate, Julia Sabot, and I were talking the other day about promos. We love them. I know we’re a rare breed, but we actually do hire people based off of their mailers. So, we started to ponder whether or not photographers knew how important they are and how awesome they are, and that promos aren’t dead. I still have a James Acomb promo from like 2004- when I was at Wired- might be because it’s of Henry Rollins and I have a huge obsession with him, but I still have it pinned to my desk.

The first & only post I did on a promo was of Noah Webb‘s FANTASTIC Berlin Passport (http://www.dwell.com/post/article/photographer-we-love-noah-webb). It blew us away. Yes, I know he’s a Dwell photographer already- but he didn’t just send it to only us. Honestly, we hadn’t commissioned him in a while and it was a big fat HELLO! reminder…so, he did our next shoot that came down the pipes. I got so much photographer feedback from posting that (not just from Noah and his beautiful agent Maren at Redeye). We already occassionally post about photography under the title Photography Focus, as well as Julia’s weekly QA, but we wanted to give something back to the photographers who give us mailers, both email and post mail. We’ll be posting our favorite promo of the day with a little info as to why it’s so awesome- because photographers need to know that they’re not just pimping their art out into the USPS system never to be seen again.

When you speak to photographers about promos what advice do you give them?

The last couple of photo portfolio review events I did, I kept getting asked about promos (including emails- which we will also post) and if photo editors/producers toss them immediately in the trash and erase them from their inbox. I actually got in an argument with Armin Harris across an auditorium of photographers at Texas Round-up…it was awesome. Maybe we’re alone here, but I personally know other PE’s who feel the same way I do about promos. We’re photo editors, it’s in our nature to look at an image and know in .5 seconds if it works. We’re all aware that promos are expensive, as well as a traditional portfolio book which is a huge reason why so many are going digital for promotional materials. It’s unfortunate. I typically advise that they make sure they’re sending it out to a current masthead, with a current address to the company/publication. We still get promos to an old address & for photo editors who left 8 years ago. Also, one should be sent to each member of the photo dept / art buying dept- It takes time, but when something is personally written to us it gets noticed. Know who you’re sending your work to, for some reason we get a lot of wedding photographers.

What’s going on at Dwell with photography these days?

Summer is actually our busiest because of the weather, even though grey days are perfect for natural interior light- the overcast sky blows out the exteriors. Also, we’re working to get more profiles on our pages because there’s too many outstanding portrait photographers out there who we need to show-off.

My photo editor readers will want to know how you became the Photo Director at Dwell. Tell us.

I started at Wired in 1997 as the Photo Intern, left for a year during the tech boom bubble to Industry Standard, then went back to Wired. In October 2011, I got a call from Dwell’s Creative Director Alejandro Chavetta and that was that- I was totally poached. Wired and Dwell photography are COMPLETELY different, that’s no secret- but it’s still the business of editorial photography, and both are known for kickass photography. it’s not like I switched to Cat Fancy (I wish).

Mail and email for your promos:

Anna Alexander
Dwell Magazine
550 Kearny St., ste 710
San Francisco, CA 94108

Julia Sabot
Dwell Magazine
550 Kearny St., ste 710
San Francisco, CA 94108

digital promos to:
photo@dwell.com

California Labor Laws And Work Made For Hire Agreements

Question from a reader about California labor code and an answer from Carolyn and Leslie at the Photo Attorney.

Q. I’m sorry to bother you but I have a question that has not been addressed on any professional photography or photography related website that I can find. In CA the labor code makes work for hire when transferring the ownership of copyright illegal (civil and criminal liability) except in the case of an employer/employee relationship. How does this apply to photographers working in CA when doing small jobs? Is it legal to have work around language that assigns copyright to the person doing the hiring (meaning the agreement says everything a work for hire agreement would say but it doesn’t use the term work for hire); or is it a case of walks like and duck, quacks like a duck, it is a work for hire agreement and therefor illegal in the state of CA?

A. Thank you for this important question.  The issue is not that it’s illegal for an independent contractor to agree to a work made for hire agreement in California.  The problem is that when a photographer is hired under a work made for hire agreement, then the photographer, under California state law, is considered an employee rather than a independent contractor.   Specifically, California Labor Code section 3351.5(c)provides that one definition of an “Employee” is:

Any person while engaged by contract for the creation of a specially ordered or  commissioned work of authorship in which the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire, as defined in Section 101 of Title 17 of the United States Code, and the ordering or commissioning party obtains ownership of all the rights comprised in the copyright in the work.

California Unemployment Insurance Code Section 686 also states that:

“Employer” also means any person contracting for the creation of a specially ordered or commissioned work of authorship when the parties expressly agree in a written instrument  signed by them that the work shall be considered a work made for hire, as defined in Section 101 of Title 17 of the United States Code, and the ordering or commissioning party obtains ownership of all of the rights comprised in the copyright in the work. The ordering or  commissioning party shall be the employer of the author of the work for the purposes of this part.

Once the photographer is an employee, the employer must pay unemployment and worker’s compensation insurance for the employee.  If not, the employer can be subject to one year in jail and up to $20,000 in fines (California Labor Code section 3700.5 and California Unemployment Insurance Code Section 2122).

But there is another way.

If the photographer is operating through a business entity (such as an LLC or corporation), then the Labor and Unemployment Codes don’t apply.  If the photographer is an individual/sole proprietor, then don’t use “Work Made for Hire” language in the Agreement.  Instead, you may assign the copyrights to another through language such as:

Photographer irrevocably transfers and assigns to the Client the copyrights created as part of the project.

Of course, if a photographer agrees to transfer copyrights, hopefully it will be for an appropriately large sum.  And when a photographer hires someone (like a designer) and wants ownership of the material created, also be careful not to violate these laws.  All of this is part of knowing your rights and responsibilities as a professional photographer!

Carolyn E. Wright and Leslie Burns, Law Office of Carolyn E. Wright, LLC (a/k/a the Photo Attorney)

 

Is There Still Hope For Newspapers? David Simon Of The Wire Thinks So

Jonathan, sent me a link to David Simon’s blog awhile back and in the comments of the introduction he gets into a debate with someone about the future of newspapers. I know he’s right about the problem and solution, and despite the occasional idiotic moves by clueless investor/owners the industry will rise from the ashes soon. (I would not bet against Buffett on this.)

The media landscape has indeed changed and is still changing, and honestly, you’re missing it.

Yes, in the past, circulation didn’t support the paper — it was a loss leader. Advertising revenues supported the paper. Why? Because of the costs of circulation: Newsprint, presses, pressmen, trucks, gas, etc. It cost money to get a newspaper to a doorstep, regardless of how much coin you could charge for the product.

But now? Take a long breath and think about it.

Now, for the first time in the history of prose journalism, every paid subscription to a newspaper operating with a paywall is pure profit, save for the static costs of maintaining the digital website. The world has flipped and slowly, belatedly, the newspaper industry is realizing it. In fact, the reason the industry leaders failed to see it for too long was that they were wedded — as you are still wedded — to the model in which advertising with the god of revenue and circulation was the loss leader. But that isn’t true digitally. Now the future of journalism lies in paywalls and a paid circulation base. Now digital advertising can’t command sufficient rates to support first-rate journalism. (You’re wrong about that, too. Digital advertising on free webpages can only command pennies on the dollar of the print ad rates that once sustained journalism.) But digital circulation can sustain such an enterprise. And is doing so: The New York Times goes to a paywall and now has 700,000 paid subscriptions, and on the strength of that figure is being upgraded by Wall Street analysts. Next quarter they will be back in the black for the first time in many a year.

People always paid to have the paper come to their doorstep. Eventually, they’ll pay to have it available on their digital devices. As they are doing with the NYT. And the Wall Street Journal. And the FT. And even some regional papers and chains are now experimenting. Would it have been easier if they had not let the horse out of the barn for a decade or more? If they hadn’t eviscerated themselves in cost-cutting and ushered so much talent and content out of the newsrooms? Of course.

But they did and now the only road back is to nuture the paid subscription model and use revenues to reinvest in the coverage that people want and can’t get otherwise. And digital subscription revenue — which is now profit, not a loss leader as it was in the days of newsprint — will sustain the news-gathering function of a professional newsroom. The NYT at the top of the foodchain is proving it and most every other newspaper chain in the country is either following them or preparing to do so. This is the end of the beginning of a very dark and misplayed era for professional journalism.

Do the research. You’ll see that your argument is about two years behind the actual trend in the industry. Kind of embarrassing when you label people as Old Media and New Media, but then you go on to miscalculate your argument based on an Old Media model that no longer actually applies.

Then in a follow up comment

Every major newspaper chain — every single one — is now planning to eventually maintain paywalls. Again, it is end of the beginning.

You are used to a world that is unsustainable. News organizations have realized they must find a way to create a revenue stream through digitized delivery, and they are engaged in doing so. Your ability to get the best journalism for free is going to become less and less and at some point, if you want to have professional journalism, you’ll pay $10 or $15 or $20 a month for it. As readers did when it landed on their doorsteps every day.

And if the industry really gets their shit together down the road, it will get to the point where you’ll sign up with a consortium for digital access to your choice of various national, regional and local media. As with your cable bill. You want the NYT and the local regional paper and SI.com or ESPN and the WSJ, check those boxes and send the monthly bill. Sound crazy? Don’t see why it would be. We all once got television for free. Eventually, they ran the cable into our homes and now we spend $40 or $50 or $100 a month for television. And that revenue supports a multitude of programming that didn’t exist a couple generations ago. Same thing can happen with journalism. But job one is having the major papers get behind the paywall.

Read it all here: David Simon | Introduction.

Taking pictures on an offshore oil rig is serious business

This is fascinating. I’m sure there are lots of photography jobs with very strict requirements like this one. Would be fun to do a column on all the weird photo jobs out there. If anyone has one they want to write about let me know.

For starters, due to the risk of flammable gas coming up the oil well, normal electronics are banned outside the living quarters. Smartphones are strictly forbidden and regular cameras require “hot work permits” be opened prior to use.

The idea behind the permit system is that all potentially-hazardous activities must be centrally coordinated by a responsible/accountable person, to ensure that risks are managed appropriately and ongoing operations do not interfere with each other. The permit must be signed by the rig’s on-board management and posted in a central location. The permit then expires when the approver’s shift ends. Even once the permit is approved, you still need to carry a gas detection device when taking pictures, to provide a warning if flammable gas is present. It’s kind of a pain.

So to avoid that hassle, we use explosion-proof cameras. It sounds cooler than it is.

The first time I ever heard the term “explosion-proof,” it was at a job interview for an environmental toxicity testing facility. We were doing a tour and I saw the words “EXPLOSION-PROOF” in big red lettering on the side of a refrigerator! My mind immediately went to putting bombs inside it for safety, but all it really meant was that the fridge would not act as an ignition source if flammable materials (solvents, etc) were placed inside. Kind of disappointing.

Flash forward about six years, and working with explosion-proof equipment is now a part of my job responsibilities. We use airtight seals, gas purges, current-limiting devices, and all sorts of other methods to ensure nothing ever starts a fire if there is a gas release. This is a highly regulated area of engineering with very strict design requirements. Level sensors inside gasoline tanks, blower fans for grain silos, and coal mine excavators all must be designed according to tight standards such as ATEX.

These standards are intended for heavy industrial equipment, and can result in some absurd designs when applied to consumer electronics like cameras. Here’s a picture of our $5,000 explosion-proof camera:

Big, right? For $5,000 and the size of a brick, you would expect a high quality camera, but no. My flip phone in 2002 took better pictures. You have to hold it rock-steady for 5 seconds to get a decent picture, and the auto-exposure adjustment gives you all-white or all-black pictures about 10% of the time. The rechargeable battery (that metal thing bolted to the front) dies in about 30 minutes. Zoom lens? Hah! Macro shots? Hah! It’s a terrible, god-awful camera — and it’s one of the best available. As a result of using this beast, I have gigs worth of blurry, grainy pictures from the rig. They’re good enough to put in a daily work report, but mostly not fit for publication on the internet.

Read the whole piece here: http://oilgas.quora.com/Taking-Pictures-Seriously