Justice Department Statement Supports Mannie Garcia’s Federal Civil Rights Lawsuit

The Justice Department told the U.S. District Court for the District of Maryland in its filing today that it upholds an individuals’ 1st, 4th, and 14th Amendment rights to peacefully photograph police as they are performing their official duties in a public place, and that their rights have been violated when police seize such recordings without a warrant or due process.

…only the second time Justice has issued such a statement in support of photographing and reporting on police as they perform their job in public.

via NPPA.

And So The Art Buyer Was Created

The majority of time it just had the photographer/illustrators name with no estimated cost written on them.  And usage?  To an Art Director, what’s that- “I want such and such to shoot this so who cares how it is going to be used. I want to win an award.”  The estimate was usually a quote over the phone and rarely in writing.  The purchased props never came back to the agency but damn that art director looked good in those new cowboy boots!

via art buyers are people too.

People today post their amateur pictures on Instagram, Tumblr, and Facebook. Is this good for photography?

Personally, I love the obsessive nature of a purely visual tool like Instagram. Photography is so pervasive, so powerful in our culture. We spend our lives, not only surrounded by images, but now taking pictures and posting them. It’s fascinating, really. It’s the one art form that everybody is capable of performing flawlessly.

via Dashwood Books: A Curated Bookstore – Grids – SPD.ORG.

Art Producers Speak: Nadav Kander

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 Nadav Kander. I wish all my creatives would create work like this. It’s pure.  It’s the simplest equation of lighting and subject.  In its simplicity lives a visual that is so complex and dramatic. It was a fantastic experience working with Nadav.

This Guy is a new actor in the UK that the NY Times wanted photographed. Ashley Ward the Make Up person and I had spoken about using Powder before and this seemed like a great moment to do so. This Pic has just won the World Press Portrait Award !!
I was desperate to think of a subtle way to make Brad look more edgy and have the viewer wondering why. Why the black band? Etc. His hair was so long, I had to do something with it that was not the ordinary.
This is a picture from my latest series. I have always photographed people Nude but not very often been satisfied that they were original and authentic to me, until these which I am much happier with.
This work shows my love for Maholy Nagy and other artists working in Europe at the same time. It answered the brief in a beautiful way, marrying the Client with the Industry they advise and giving you a sense of the Banks immersion in the worlds of their clients. Great Art Direction.
This one for Nike Head Quarters in Holland, needed to say ICONIC but NEVER STILL in the same picture. I tested with the AD for a day and we came up with this (in my opinion) great way of working, doable in the time allotted to these busy athletes as well as beautiful. Look how fit Lance looks, I wonder why?
This idea came from the Agency in France. A quick very blue city car.

 

This picture was originally taken in collaboration with an Agency for a car company. I don’t think it was used, but I love it.
The shoes were super light and this idea to project the clothing to show lightness really worked. Bolt looks cool and the set and finished picture looked very modern and original.
A little dated now but still quite cool. In it’s day it won so many awards for the AD that one of the award shows jokingly brought him onto the stage and gave him a shopping trolley to help cart the metal away.
This is part of large series of work that I photographed along the Yangtze River in China. 5 trips to China and about 2 and a half years resulted in the book, titled Yangtze – The Long River.
Here’s something different… Limited budget, shot in my small studio. Really fun to do.

Suzanne Sease: How many years have you been in business?

Nadav Kander: I have been shooting professionally for 23 years.

Are you self-taught or photography school taught?

I am self-taught and have been shooting since I was 13, as I was inspired by the work of Steichen, Stieglitz, Atget, Man Ray, and Moholy-Nagy.

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

I met Harry De Zitter in South Africa, and he told me that if I wanted to make it in advertising, I needed to move to London. He said to me, “If you really want to be the best, you need to learn from the best.” If you recall the advertising in London in the 80s, it was second to none.

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 have never tried to get folks to hire me but to produce work that is liked.

I find that work that questions is far more interesting than work that gives you all the answers. I always want to create work that asks more questions than it answers. I think that has been the thread that links my work.

My influences are incredibly widespread, from the photographers I mentioned earlier all the way to the work of Jeff Wall to video artists to sculptures and paintings.

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

I think if the client is trying to reduce the work to the lowest common denominator, it is hard for all parties involved to create a great collaborative vision.

The industry has so drastically changed that the art director’s position can be very difficult. I think art directors are saints who are coming up with brilliant ideas that they wish could be a certain way, and sometimes they are thwarted by the client. I am there to help the process come together as smoothly as possible for them. It’s a collaboration.

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

I love doing editorial work. It offers a great creative process and the chance to work with great people. (The money is secondary.) I love it when an art director comes to me with something I have never done before and says, “I know you have never done anything like this before, but what do you think of this and how would you do it?” I welcome the challenge of a great collaboration because that is what pushes you forward, and you end up landing in a much better place than if you had done it alone.

I am thinking about starting an e-mail communication that would be for art directors, art buyers, and photo editors and would be about inspiration. It would be an e-mail from me of something I found inspiring, whether it was a photo I just did or a sculpture I found or just inspiring words. I am not sure how often I would send these out. I would have them e-mail me at this address if they would like to be a part of this. E-mail: nkstudio@nadavkander.com

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

I think it is important for art directors to use a photographer who likes to shoot outside of the box. The end results are usually better, as it is very hard to create something original if you stay in your comfort zone.

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

I am always thinking of ideas and giving myself projects that fall under this umbrella of what makes me tick. That is what art is all about: turning yourself inside out. I have a current project, “Bodies. 6 Women. 1 Man,” and one that I am continuing to work on in Russia. It usually takes me about two years to finish a project, which usually becomes a book.

Nadav Kander is an internationally renowned photographer, director, and artist based in London. Consistently among the top-ranking advertising photographers in Lürzer’s Archive, he has collaborated with clients across all categories (from finance, travel & leisure, and entertainment to alcoholic beverages and sports brands), and he is one of the most sought-after portrait photographers working today, commissioned by everyone from Time magazine to the National Portrait Gallery. In recent years, Nadav has also taken on directing assignments, among them “Evil Instincts,” a series of short films for GQ starring Hollywood actors famous for their villainous roles. He is represented as a director by Chelsea Pictures and as a photographer in the US by Stockland Martel, in UK and Europe (excluding Germany) by We Folk and in Germany by Severin Wendeler.

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.

Ohio University Masters Candidate And Freelance Photojournalist Captures Stunning Domestic Violence On Camera

Eventually, the police arrived. I was fortunate that the responding officers were well educated on First Amendment laws and did not try to stop me from taking pictures.

The incident raised a number of ethical questions. I’ve been castigated by a number of anonymous internet commenters who have said that I should have somehow physically intervened between the two. Their criticism counters what actual law enforcement officers have told me — that physically intervening would have likely only made the situation worse, endangering me, and further endangering Maggie.

via Photographer as Witness: A Portrait of Domestic Violence – LightBox.

Ozzie Sweet, Who Helped Define New Era of Photography, Dies at 94

He considered himself not a news photographer but a photographic illustrator, and like the work of the painter Norman Rockwell, whom he claimed as an influence, his signature images from the 1940s through the 1950s and into the 1960s, many in the fierce hues of increasingly popular color film that emulated the emergent Technicolor palate of American movies, helped define — visually, anyway — an era.

via NYTimes.com.

Pricing & Negotiating: Low-Budget Annual Report Shoot

By Bill Cramer, Wonderful Machine

The following is actual email correspondence between a U.K.-based graphic designer (whom I’ll call Dennis) and an experienced Florida-based photographer (whom I’ll call Phil), concerning an annual report shoot in Orlando for a Connecticut-based medium-sized corporation. My comments are in italics.

Hi there Phil,

I found you on Google. I wonder if you could confirm your availability and day rate for a photo shoot on the following days. The <hotel in Orlando> on January 24 & 25. <Client> based in CT are holding a conference at this time and I have been asked to find a local photographer and liked the work you have online.

We will only need 1 day of photography in total – over the 2 days or on 1 of the days – TBA. I work for <graphic design firm> and we are their design consultancy, I am based in the UK. I look forward to hearing from you just as soon as.

Kind regards, Dennis

That’s not much to go on. The following questions come to mind. Can I see a shot list (or at least a description of the pictures)? Who are the subjects (what level are they in the company)? How will the photos be used? How many final pictures do you expect to use?

This initial inquiry doesn’t give me high hopes for the budget. The fact that he’s looking for a local photographer means that travel expenses (however modest) would break the bank. The fact that he’s looking for a photographer who’s willing to quote a “day rate” without knowing the details of the shoot doesn’t bode well either. That he’s looking for a photographer who can do “one day’s work” over a period of two shoot days tells me that he’s looking for a low price. Either the designer has never worked with a professional photographer before or he only works with low-end photographers or he may be testing the photographer to see what kind of questions he’ll ask.

There’s also a bit of a disconnect in that we’ve got a Connecticut client hosting a conference in Florida; they’re discerning enough to hire a designer in the United Kingdom, but they’re apparently looking for a cheap photographer to create the actual content. It doesn’t quite add up.

Hi there Dennis,

just need to know are you looking to document the event, or do you need portraits of people as well? If yes to the portraits, would they be simple grip and grins or real portraits…

Phil

It’s a start that Phil wants to know more about what he has to do, but he also needs to know more about how the pictures are going to be used. This is a classic mistake that photographers make. They see their value as a function of their time and effort and they ignore the value that they’re providing for the client, which is a much bigger driver of the price.

Phil,

I am looking for what we call fly on the wall documentary shots of the event – nothing posed or to camera, rather just natural interactions and scenarios as they emerge. Does that answer your question Phil?

Dennis

Yes, it does, Dennis.

My typical day rate for corporate events like you describe is $2,000 for a single day, $3600 for two days plus an overnight stay usually at the event hotel.

Regards, Phil

Is that 2000.00/day plus expenses or including expenses? How many pictures does the client get, for what purpose and for how long? What about assistants, file processing, mileage, parking, meals, sales tax? Will you be delivering raw files or processed files? If they’re processed, can the client order any number of processed files or is there a limit? Will you convey the licensing to the design firm or the client? Who will pay the bill – the design firm or the client? If a UK design firm pays the bill, who pays for the wire transfer fee? How long do they have to pay? What’s your turnaround time on the pictures? What’s your cancellation policy?

Phil

And you are available yes? Are your fees negotiable – you are a bit more per day than I was envisaging!

Let me know, Dennis

Yikes! Dennis doesn’t seem to mind that he doesn’t have answers to any of the above questions and all he wants to know is if it could be even cheaper.

Dennis,

I have to check with a client to be sure. We are working on a campaign next week and need to talk to them.

Regarding the fees, I am blessed with a very robust business so I really hold the line on the fees. However, what was your budget and i will let you know for sure.

Phil

It sounds like Phil is saying, “My fees are firm, unless your budget is less.”

Hi there Phil – thanks for your help with this. I now have a bit more information re the shoot from <client>.

<email apparently from client to design firm:> “We would like business headshots for our Directors and Managers (total of 25 – 30 people).  We would also like to have a few “meeting in progress” type candid shots taken – these should be all about business (nothing Disneyesque!). The photos will be used for the purpose of our Annual Report, website, meeting books, etc. We would therefore need to get outright usage on the shots from the photog from the get-go so that they can be used randomly thereafter without renegotiation with them.”

We are trying to arrange a separate room by the meeting area where we can have the photographer set up for the head shots. The shoot day would be 24 Jan only and I have £1700 so we are not so far apart on price so hopefully not a barrier to trade! Good to hear that you are busy.

Kind regards

, Dennis

Now that Phil has committed to a price, it’s safe for Dennis to tell him more about the shoot. It turns out that it’s not just fly-on-the wall, but 30 head shots too. It’s a director-level meeting and the pictures are for the annual report (plus other uses). That’s all significant because the stakes are higher for the design firm and the communications people at the corporation. That makes the pictures more valuable than a routine sales meeting which Phil is more accustomed to. These pictures aren’t just to document the event, they’re for the most important publication that corporation will produce that year. We now see that Dennis has a budget of 1700 British Pounds, which is about 2700 dollars. That’s more than the 2000.00 Phil was asking for.

Ahhh, that’s what I suspected, Dennis.

These meetings usually have portraits involved because it’s a rare occasion to get everyone together….25-30 portraits plus the meeting shots is a good amount of work, I usually tack on a little more with the portraits. So then what’s then the US dollar value of the fee?

I would need a dedicated space 20×30′ foot is a good size to set up a location studio. I need to know what kind of background they want. Do we need to match up an existing look? No problem with the unlimited usage.

Phil

Again, Phil is focused on the fact that the head shots are a bit more work rather than the fact that it’s an important project for the client. If Phil is as busy as he says he is, why is he ignoring usage when he has the leverage to charge for it? And why is he offering such a deep discount for a second shoot day? Instead of offering a one-size-fits-all approach to his pricing (and his production values), he would do better to recognize that different projects may require different levels of service and different pricing. Phil is accustomed to working without an assistant (he just finds someone to sit in for a test shot) and he just does basic tweaks to the files, converts them all to jpgs and sends them off to the designer. That may be what everyone does for event photography. But when I hear annual report, I think of a higher level of production. I would be inclined to bring an assistant to help carry the lights, set up, break down, sit in for test shots, run errands in an emergency. For the small additional cost, it’s a valuable insurance policy to make sure things go well when you’re photographing the CEO and the board of directors. I’d also be inclined to process the files individually once the client has chosen their favorites, rather than batch process a thousand pictures most-of-the-way.

Sorry Phil, I meant dollars!

Can you still do it for $2000 Phil?
 We do want to match an existing look – I will send you a reference for that and talk you through it too for clarity. Good news re usage. And I am assuming you can now confirm you are available all day on the 24th?

Dennis

Hard to say whether Dennis’s budget really was in dollars or pounds. But it doesn’t really matter. No experienced photographer should let a client arbitrarily dictate their fee (especially a busy photographer).

The fact that the designer wants to “match an existing look” makes the assignment more valuable than if the photographer was being asked to do the shoot in their own style. First, it’s more difficult to satisfy a client when you’re being asked to match some other photographer’s picture and you don’t know exactly how they did it and you might not even like the way they handled it. Second, the pictures aren’t going to be as useful in the photographer’s portfolio since they’re in someone else’s style.

Dennis,

Yes, the 24th is fine, give me times when you can, and yes I will do it for $2000.00 if I don’t need to rent/buy a special background to match what you have. Send reference to me when you can.

Phil

I think Phil is selling himself a little short here. Backgrounds cost money (and time to get them and a place to store them). Even if he already has one that he could bring, if it’s providing additional value to the client, he should charge for it. Same with studio strobes. Strobes cost money to purchase, insure, repair. Why not charge for them?

Good morning Phil – me again!

<Client> is now confirmed BUT they have asked if you could shoot on Wed 23 and Thurs 24 January at the same venue. I hope you can! Can you let me know when you get a moment please?

Thank you, Dennis

Good morning Dennis…no worries, I have to move something, I can work on that this morning, but just confirm…back to the original, 2 days = $3600 including all the portraits. Can they get me a room at the venue for the overnight? I am 90 minutes away. I would love to see a schedule so I know the hours, and if they provided you with a shot list.

Thank you. Phil

Hi there Phil.

$3600 for 2 days is good. Yes to room at venue – I have asked for this already. Now that we have agreed dates and cost together I am going to put you in direct contact with <client> re schedule, shoot room, accommodation and shot list – I think that will be easier for you.

Two important bits to get right:

1) I will need you to bill me direct and I will then re-invoice the client as part of their complete Annual Report project – please can I ask you to have all cost conversations with me and not <client> as I will take a modest margin for organising this on their behalf.

2) Jane my colleague here at <design firm> will make contact with you re photo style that she is looking for from a design perspective. <Client> will provide all other direction for your venue etc.

All good – looking forward to working with you on this. I approached 3 photographers in the FL area after looking at work online – you were by far the most responsive and easy to work with so I am really pleased you can do the new date.

Kind regards, Dennis

It’s not unusual for a designer to have the photographer bill him rather than the client. But the fact that he’s concerned about what the photographer might say indicates to me that he’s not telling the client what the photographer is charging him (which would be the case if he were actually charging a mark-up). In fact, I suspect he’s not really doing a modest mark-up, but rather I think the designer is charging a reasonable amount to the client, paying as little as possible to the photographer and pocketing the difference. All perfectly legitimate, but just evidence of how often photographers sell themselves short, oblivious to the fact that everyone else around them is making money.

Morning Phil,

Please find the notes from <design firm>  that describe how we envisage the different shot types to look.

If you have any queries on this, please do not hesitate to get in touch by return.

Kind regards, Dennis

comp_candids

comp_portaits

This additional direction tells me that the designer has thought a lot about the project and they’re looking for a very specific result. Call me cynical, but I can’t help thinking that Dennis intentionally pulled a bait-and-switch on our hapless photographer. I think that Dennis intentionally underplayed the significance of the project and once he locked in the price, he revealed the true details and expectations of the job. But Phil’s very casual estimate has enabled this to happen. Even if Dennis is merely disorganized and not malevolent, the mission creep has left Phil shooting an annual report at event coverage prices. If Phil had spelled out what he was actually delivering for his 2000.00 fee in the first place, he would be able to rework the estimate as the project “evolved.”

Good morning Dennis, thank you for the additional information….

Reviewing this document shows me that the client wants a little more then what was original described. So the photos of the executives are not typical business head-shots, which usually take 5-10 minutes each. What the team is asking for is definitely more creative, staged and time consuming.

The photography assignment was originally described as “fly on the wall” documentary type photography, nothing posed, just natural. The document describes otherwise, setting up scenarios to create group interactions. All the above is fine, and I am perfectly comfortable doing this, but not what I originally envisioned. The creativity level is definitely higher, which I am all for by the way.

It’s really important for me to have a clear understanding of the work at the bidding process so I can price accordingly.  I don’t think you nor I had this on Wednesday. Now that we both have the shot list from the creative team, I think we need to re-address the creative fee which at this point should be at least $4,500.00. Since we are 5 working days out, I really really don’t like to upset the citrus cart, but the job is up a few notches.

Please see what you can do regarding the creative fee with your client now that we know what is required and then I can make a few more simple requests to be sure we all have what we need and move forward.

Thank you, Phil

This is an awkward way to negotiate. It’s bad form to ask a client if you can charge them more. The answer will generally be “no.” The photographer should simply say, “Thank you for letting me know about the changes. I’ll send over a revised estimate right away.”

Phil,

I think we are nearly there. I understood that I was buying your time over two days based on what I can see from your online creds. I think you are signalling that you are up to the task which is great – what I don’t understand is why that should now suddenly cost me more. That is certainly not how I buy photography in the UK.

A few clarifications on your feedback:

We don’t want you to set anything up – in fact our preferred way forward is for fly on the wall type shots that are candid and unposed. I am confident that the event itself will provide those scenarios as a matter of course.

The b&w example headshots shared were taken in 30 minutes – there were 10 execs. I would ask you to work with the time you will get allocated for this task and do your best possible work mindful of what we are looking for – if you can only deliver ‘typical business head-shots’ in the time allocated then we will have to go with those.

Having now seen Jane’s shot list you have a busy day on the Thursday and then a shorter day on the Friday which doesn’t look too onerous. As a gesture I am pleased to provide you with $3800 as the total fee but I will not go higher – hopefully you feel you can agree to work on this basis so we can move on. I am not available for the rest of the day as traveling so will not be able to respond to you until Monday am UK time.

Kind regards, Dennis

Dennis is now contradicting himself. The photo direction clearly states that, “…the subjects should be directed…” Now he’s saying that he wants to go back to fly-on-the-wall. Which is it? From the beginning, Phil positioned himself as a hired-hand, working by the day. So that makes it difficult for him to change the price when the project changes but the time doesn’t. He has also let the client dictate all the terms from the start, which makes him appear inexperience and/or desperate. In the end, the photographer agreed to a 4000.00 flat fee without any conditions on the usage or payment schedule.

Here’s what I would have proposed:

quote_bc

If you have any questions, or if you need help estimating or producing a project, please give us a call at (610) 260-0200. We’re available to help with any and all pricing and negotiating needs—from small stock sales to big ad campaigns

 

Post Processing In Not An Ethical Question It’s An Aesthetic Question

It’s good to talk about photojournalistic ethics. But I think in the big list of ethical problems that journalism has to deal with, how photos are post-processed should be near the very bottom. Ultimately, it’s not really an ethical question at all — it’s an aesthetic question. And talking about aesthetic questions is good, but applying professional ethics-style thinking to them is maybe not so much. I think it tends to end in people conflating “tacky” with “false.”

via 1/125.

Paolo Pellegrin’s Sloppy Journalism Ignites Controversy Online

Magnum photographer Paolo Pellegrin suddenly found himself under intense scrutiny in the photo blog world after a picture he took in Rochester, NY that won him 2nd at POYi, 2nd at WPP and 1st as Photographer Of The Year (I’ve omitted the various sub categories for these awards) was deemed to not show what it purports to show by Michael Shaw and co-contributors at BagNewNotes.

If you haven’t already been down the rabbit hole I will give you the short version (and links if you wish to have several hours of your time evaporate online). Paolo and several other Magnum photographers visited Rochester, NY last April as part of their “House of Photos” series where they collaborate and document something. The purpose I believe (and applaud) is to push the envelope, hang out together to create, and flex the Magnum muscles for potential clients. The award winning image in question was made as Paolo photographed a piece on The Crescent section of Rochester where drugs and violence can be found. The subject of the image was a photojournalism student at RIT who disputes what the caption says, what the picture depicts and how it was used. The student contacted his former Ethics and Photojournalism professor at RIT who consults with Michael on BagNewsNotes where they determined that Paolo had committed misidentification and plagiarism. The misidentification was that the person in the image was not a former Marine Corps sniper, just a former Marine and that he was not in The Crescent but miles away in his parking garage in the suburbs. The plagiarism is a description that accompanied the image that was lifted from a 10 year old New York Times article. Finally, there is allusion, in the subjects description to how this all came about, that the shot was staged. That a picture of this type was needed to tell the story, so they went out and found it.

In a press release and in several interviews Paolo disputes parts of this. He admits to lifting the description and says it was never intended to be published, but simply provided as information for news organizations who might publish the images. He says he may have misheard the subject or the subject misspoke leading him to write the sniper caption. And the  caption was not The Crescent but that was the name of the project he was working on. The caption was Rochester, NY, USA. Regarding the setting up of the image, Paolo simply says that it was a portrait like any other he makes in the course of storytelling (i.e. setup).

I believe Paolo Pellegrin has been very sloppy with his journalism here, but my idea of sloppy is someone else’s libel. I say this because I would categorize the magazines I’ve worked at as “infotainment.” Journalism co-mingling with entertainment and things the advertisers made us do. Which brings me to the point of writing about this whole mess. Photojournalism needs leadership. Photojournalism needs magazines, contests, blogs and photographers who lead by example and practice exceptional journalism. If there’s anything to be outraged about, it’s that one of photojournalism’s brightest stars is sloppy and thinks it’s not a big deal.

Here are the links:

The post that kicked it all off:
http://www.bagnewsnotes.com/2013/02/when-reality-isn%E2%80%99t-dramatic-enough-misrepresention-in-a-world-press-and-picture-of-the-year-winning-photo/

The follow up piece:
http://www.bagnewsnotes.com/2013/02/bagnews-paolo-pellegrin-and-reading-the-pictures/

Paolo’s statement released to NPPA:
https://nppa.org/node/36604

Len’s blog:
http://lens.blogs.nytimes.com/2013/02/22/a-prize-winning-ethics-lesson/

PDN:
http://pdnpulse.com/2013/02/paolo-pellegrin-and-his-subject-at-odds-over-photograph.html

Jim Colton calls it Photo Contest Bashing, That Time Of Year:
http://jimcolton.com/blog/2013/2/22/photo-contest-bashing-must-be-that-time-of-year

The Online Photographer
http://theonlinephotographer.typepad.com/the_online_photographer/2013/02/what-happens-when-reality-isnt-dramatic-enough.html

Rochester Democrat and Chronicle
http://www.democratandchronicle.com/article/20130222/LIVING/302220053/Controversy-surrounds-prize-winning-photo

News has an ethical obligation to be truthful. Not truthy.

When an award-winning photojournalism photo has been toned to look like a movie poster, you are signaling to next year’s entrants that the bar has moved. Find the best retoucher you can, and heighten the drama as much as possible. We don’t care about factual statements. We care about visceral reaction and entertainment value. Make us feel something! Truth be damned.

via PetaPixel/a>.

Infringement Claim Fails Because Law Protects Expression, Not Ideas

The ruling does not break new legal ground, but supports a long-standing legal principle that copyright law protects artistic expression, but not ideas. In the Harney v. Sony Pictures case…

The limits on copyright for unprotected content “is not some unforeseen byproduct of a statutory scheme,” the Supreme Court said. “It is, rather, ‘the essence of copyright,’ and a constitutional requirement. The primary objective of copyright is not to reward the labor of authors, but ‘[t]o promote the Progress of Science and useful Arts’ [according to the US Constitution]. To this end, copyright assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work.”

Read more:PDN.

The Photography World Is Very Narrow In What It Appreciates

he finds the photography world ‘very narrow in what it appreciates’ (a sentiment echoed by Brian) and that ‘ninety percent of the books that Steidl produce are just a little bit dull’. In a nice, if rather unexpected, synchronicity with another interview he even complains that the photo world is made up of 40-year-old men (notwithstanding his own proximity to that club).

via New Wave 4: Donlon Books | source.ie.

I Knew I Had To Do It In An Artistic Way

I began to disregard some of my earlier feelings about photography, the way that photography worked and notions of documenting truth and representation, and having to take a new position of not caring so much about what was what and where it came from.

–Christian Patterson

via the Trail of Dead | VICE .

Sensor Imperfections Allow For Detection Of Image Tampering

All cameras introduce varying degrees of imperfections. While these imperfections are undesirable for the consumer, they can be highly informative in an image forensic setting. Sensor imperfections, thermal effects, compression, etc. each introduce noise in the image. This noise manifests itself as slight variations in the recorded intensities of light. If a portion of an image is altered then it is likely that the underlying noise pattern will be disrupted. Differences in the noise pattern can therefore be used to detect and localize image tampering.

via Image Authentication and Forensics | Fourandsix Technologies.

You Need To Be Creating 10-20 Amazing Images A Day Regardless Of Circumstances

Every year, I have countless college seniors come by to meet and show me their portfolios, many of which show very good work. Then I pose the question, “How long did it take to create those 12-20 images?” The answer is always the same, “This is my work, which I did over the last year.”

That’s wonderful, but in the professional world, that you need to be creating 12-20 AMAZING images day-in and day-out, everyday, regardless of circumstances, since that’s what is demanded (expected?) of you as a professional.

via feinknopf: The Value of Experience.

News Of A Possible Sale Of Time Inc

The Time & Life building, an edifice standing tall in the middle of Midtown, was long a revered totem of the publishing business. To people in the industry who came of age back when things were good, Time Inc. was legend, having grown up not just on the force of its journalism but on tales of editors’ offices the size of racquetball courts and liquor carts rumbling through the hall spreading cheer and an aura of privilege.

via NYTimes.com.

Reader Question: All Rights Contract

A reader asked me a question about all rights contracts and I thought I’d see if anyone wanted to offer advice in the comments. My initial reaction to anything like this is “what’s in it for you?” If you’re not getting paid to give up your rights and you can’t use the images to market yourself then you get nothing out of the deal. I also believe it locks you in to this type of deal with this client going forward.

Last year I got a call out of the blue from an ad agency in [Redacted] for a photo assignment. I eagerly took it, turned in the work, and before they paid me they sent me a contact. The contract required me to transfer all rights to the photos. The main part I objected to was that I wouldn’t be able to use the work even in my own portfolio.

I’ve not gotten another assignment from them, but they sent me another contact … a work for hire contact. Again, all rights. Is this normal with ad agencies? I just e-mailed my contact at the company and pointed out that my rates are reasonable, I do good work and I meet deadlines. It hardly seems like it’s much to ask that I at least be able to use my own work to promote my own work.

As a commercial photographer, I’m very inexperienced, so I thought I’d see what your advice would be.