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By Bill Cramer, Wonderful Machine
I recently was approached by a regional fashion magazine needing some advice on their photographer and photo director contracts. They had encountered some push-back on them and they wanted to know what they could do to make the agreements a little more palatable. The documents have three parts, an Independent Contractor Agreement (which would be for all vendors, like photographers, illustrators, stylists, etc.), Schedule A which spells out details specific to each individual contributor, and a Photography Director section explaining the expectations of that job. Here’s what I had to say:
Xxxxxxxx,
I hope you had a nice holiday season. I had a chance to sit down with your contributor contract today, and here are my thoughts (in bold). My main recommendation would be for you to license more limited use of the photos. I can understand why you would want to own all of the photographs outright. However, this provision is so far out of the mainstream that you will have trouble finding a decent photographer to agree to it. Or put another way, a more reasonable contract will afford you the opportunity to work with better photographers.
I think it would be reasonable to ask for first editorial print use in your main magazine and use in your other publications for a period of three months (which matches up with the compensation terms). New uses after that could be compensated with a renewal of the 2% commission for that new period or with a simple rate structure for the different uses you commonly need and then negotiate for anything unusual that might come up.
My other concern is that the language is unnecessarily complex. You’re not really paying photographers enough for them to hire an attorney to review your contract. The stakes are pretty low for you and the photographer/photo director. It would be better to find an attorney who understands the magazine business well enough to simplify the language sufficiently for the average person to understand it while still protecting your interests (and the contractor’s).
I hope that’s helpful. Please let me know if you have any questions.
Thanks!
Bill
INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is entered into as of the _____ day of __________, ______, between Xxxxxxxxx Xxxxxxxx, LLC d.b.a. Xxxxxxxx Xxxxxxxxx Magazine (“the Company”) and ______________________ (“the Contractor”).
WHEREAS, the Company is in need of assistance in the area of __Photography________; and WHEREAS, Consultant has agreed to perform consulting work for the Company in ____Photography_________________ services and other related activities for the Company;
NOW, THEREFORE, the parties hereby agree as follows:
1. Independent Contractor. Subject to the terms and conditions of this Agreement, the Company hereby engages the Contractor as an independent contractor to perform the services set forth herein, and the Contractor hereby accepts such engagement.
This paragraph should be combined with paragraph 11 and 24 which cover the same ground.
2. Duties, Term, and Compensation. The Contractor’s duties, term of engagement, compensation and provisions for payment thereof shall be as set forth in the estimate previously provided to the Company by the Contractor and which is attached as Exhibit A, which may be amended in writing from time to time, or supplemented with subsequent estimates for services to be rendered by the Contractor and agreed to by the Company, and which collectively are hereby incorporated by reference.
This is vague. Do you mean to say Schedule A (as it’s written below)? It sounds like you’re saying that Exhibit A (Schedule A) constitutes an estimate (it doesn’t appear that way to me.) Do you mean to say that the Contractor is providing the Company with Exhibit A or that the Company is providing it to the Contractor (it is your form)?
3. Expenses. During the term of this Agreement, expenses for the time spent by Contractor in traveling to and from Company assignments shall not be reimbursable unless otherwise pre-approved in writing by the Company.
What about expenses like models, locations, hair & make-up, props, wardrobe, studios, equipment, catering?
4. Written Reports. The Company may request that project plans, progress reports and a final results report be provided by Contractor on a monthly basis. A final results report shall be due at the conclusion of the project and shall be submitted to the Company in a confidential written report at such time. The results report shall be in such form and setting forth such information and data as is reasonably requested by the Company.
This could be simplified and combined with the 3. Expenses paragraph.
5. Inventions. Any and all inventions, discoveries, developments, contacts and innovations conceived by the Contractor during this engagement relative to the duties under this Agreement shall be the exclusive property of the Company; and the Contractor hereby assigns all right, title, and interest in the same to the Company. Any and all inventions, discoveries, developments and innovations conceived by the Contractor prior to the term of this Agreement and utilized by [him or her] in rendering duties to the Company are hereby licensed to the Company for use in its operations and for an infinite duration. This license is non-exclusive, and may be assigned without the Contractor’s prior written approval by the Company to a wholly-owned subsidiary of the Company.
This is not reasonable. Photographers (and writers) aren’t in the business of creating inventions for magazines and Xxxxxxxx is not in the business of buying inventions from its contributors. It appears that your attorney is using a standard legal form and didn’t customize it for your purposes. It would be better for both parties to have an agreement specifically edited for photographers in order to minimize confusion.
6. Confidentiality. The Contractor acknowledges that during the engagement [he or she] will have access to and become acquainted with various trade secrets, inventions, innovations, processes, information, records and specifications owned or licensed by the Company and/or used by the Company in connection with the operation of its business including, without limitation, the Company’s business and product processes, methods, customer lists, accounts and procedures. The Contractor agrees that [he or she] will not disclose any of the aforesaid, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of this engagement with the Company. All files, records, contacts, documents, blueprints, specifications, information, letters, notes, media lists, original artwork/creative, notebooks, and similar items relating to the business of the Company, whether prepared by the Contractor or otherwise coming into [his or her] possession, shall remain the exclusive property of the Company. The Contractor shall not retain any copies of the foregoing without the Company’s prior written permission. Upon the expiration or earlier termination of this Agreement, or whenever requested by the Company, the Contractor shall immediately deliver to the Company all such files, records, documents, specifications, information, and other items in [his or her] possession or under [his or her] control.
The confidentiality is fine, but it’s not logical to combine that provision with the ownership of the images. This paragraph says that photographs created by the photographer are the property of the magazine. That’s unnecessarily antagonistic and not reasonable for your modest budget. You’re going to be able to work with a wider pool of talented photographers if you simply license the usage you actually need to produce your magazine and then negotiate additional usages separately.
7. Conflicts of Interest; Non-hire Provision. The Contractor represents that [he or she] is free to enter into this Agreement, and that this engagement does not violate the terms of any agreement between the Contractor and any third party. Further, the Contractor, in rendering [his or her] duties shall not utilize any invention, discovery, development, improvement, innovation, or trade secret in which [he or she] does not have a proprietary interest. During the term of this agreement, the Contractor shall devote as much of [his or her] productive time, energy and abilities to the performance of [his or her] duties hereunder as is necessary to perform the required duties in a timely and productive manner. The Contractor is expressly free to perform services for other parties while performing services for the Company with the exception of services within the same scope of work and responsibility as work performed for the Company (i.e. Fashion Editor for the Company and Fashion Editor for another company). For a period of six months following any termination, the Contractor shall not, directly or indirectly hire, solicit, or encourage to leave the Company’s employment, any employee, consultant, or contractor of the Company or hire any such employee, consultant, or contractor who has left the Company’s employment or contractual engagement within one year of such employment or engagement.
The Non-Hire Provision is reasonable, but it seems to say that a photographer signing this agreement would not be permitted to work as a photographer in a similar capacity for other similar publications. The very nature of being a freelancer is that you have to work for a variety of publications. That part of this paragraph is unreasonable.
8. Right to Injunction. The parties hereto acknowledge that the services to be rendered by the Contractor under this Agreement and the rights and privileges granted to the Company under the Agreement are of a special, unique, unusual, and extraordinary character which gives them a peculiar value, the loss of which cannot be reasonably or adequately compensated by damages in any action at law, and the breach by the Contractor of any of the provisions of this Agreement will cause the Company irreparable injury and damage. The Contractor expressly agrees that the Company shall be entitled to injunctive and other equitable relief in the event of, or to prevent, a breach of any provision of this Agreement by the Contractor. Resort to such equitable relief, however, shall not be construed to be a waiver of any other rights or remedies that the Company may have for damages or otherwise. The various rights and remedies of the Company under this Agreement or otherwise shall be construed to be cumulative, and no one of the them shall be exclusive of any other or of any right or remedy allowed by law.
I’d have to hire an attorney to understand this one better. It would be helpful if you could be more specific about what sort of injunctive relief you would want to exert. This paragraph seems out of proportion to the services you’re requiring and the compensation you’re offering. You’re not really paying the photographer enough for them to agree to this. Why are the laws of North Carolina insufficient to protect you in a case where a photographer does some damage to you?
9. Merger. This Agreement shall not be terminated by the merger or consolidation of the Company into or with any other entity.
Okay.
10. Termination. Either the Contractor or the Company may terminate this Agreement at any time by 10 working days’ written notice to the Contractor. In addition, if the Contractor is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directive of the Company, is guilty of serious misconduct in connection with performance hereunder, or materially breaches provisions of this Agreement, the Company at any time may terminate the engagement of the Contractor immediately and without prior written notice to the Contractor.
Okay, but you should add that if anyone at the Company is similarly convicted of a crime or offense that the photographer can get out right away.
11. Independent Contractor. This Agreement shall not render the Contractor an employee, partner, agent of, or joint venturer with the Company for any purpose. The Contractor is and will remain an independent contractor in [his or her] relationship to the Company. The Company shall not be responsible for withholding taxes with respect to the Contractor’s compensation hereunder. The Contractor shall have no claim against the Company hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. Consultant will not represent to be or hold itself out as an employee of the Company and Consultant acknowledges that he/she shall not have the right or entitlement in or to any of the pension, retirement or other benefit programs now or hereafter available to the Company’s regular employees.
Okay, but for clarity and brevity, this paragraph should be merged with paragraph 1. and 24.
12. Insurance and Mutual Indemnification. The Contractor will carry liability insurance if necessary (including malpractice insurance, if warranted) relative to any service that [he or she] performs for the Company. Each Party agrees to indemnify and hold the other harmless from and against any and all claims, damages and liabilities whatsoever, asserted by any person or entity, arising from any action of infringement in relation to any trade mark, patent, copyright or action for passing off resulting directly or indirectly from any breach by the first Party or any of its respective employees or agents, of this Agreement or of any warranty, representation or covenant contained in this Agreement. Such indemnification shall include the payment of all reasonable attorneys’ fees and other costs incurred by the indemnified party in defending any such claim. The Indemnified Party shall promptly inform the indemnifying Party in writing of any such claim, demand or suit and shall fully cooperate in the defense thereof. The Indemnified Party will not agree to the settlement of any such claim, demand or suit prior to the final judgment thereon without the consent of the indemnifying Party, whose consent will not be unreasonably withheld. The indemnified party shall not by any act or omission admit liability or otherwise prejudice or jeopardize the indemnifying party’s actual or potential defense to any claim. The said indemnity is subject to the indemnified party’s duty to mitigate all of its said costs, expenses, damages or liabilities.
Okay.
13. Successors and Assigns. All of the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns.
Okay.
14. Choice of Law. The laws of the state of Xxxxxxxxxxxx shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto.
Okay.
15. Arbitration. Any controversies arising out of the terms of this Agreement or its interpretation shall be settled inXxxxxxxxxx in accordance with the rules of the American Arbitration Association, and the judgment upon award may be entered in any court having jurisdiction thereof.
Arbitration is not a reasonable solution for most disputes involving photographers. The cost can be much more than litigation: http://www.btlg.us/News_and_Press/articles/arbitration.html
16. Headings. Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
Okay.
17. Waiver. Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver.
Okay.
18. Assignment. The Contractor shall not assign any of [his or her] rights under this Agreement, or delegate the performance of any of [his or her] duties hereunder, without the prior written consent of the Company.
Okay.
19. Notices. Any and all notices, demands, or other communications required or desired to be given hereunder by any party shall be in writing and shall be validly given or made to another party if personally served, or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested. If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by mail, such notice shall be conclusively deemed given five days after deposit thereof in the United States mail addressed to the party to whom such notice, demand or other communication is to be given as follows:
If to the Contractor:
______________________________
______________________________
______________________________
If to the Company:
Xxxxxxxx Xxxxxxxx, LLC / Xxxxxxx Xxxxxxxxx Magazine
address
Any party hereto may change its address for purposes of this paragraph by written notice given in the manner provided above.
Okay.
20. Modification or Amendment. No amendment, change or modification of this Agreement shall be valid unless in writing signed by the parties hereto.
Okay, but this could be added to paragraph 21.
21. Entire Understanding. This document and any exhibit attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
Okay.
22. Unenforceability of Provisions. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.
Okay.
23. Competent Work/Ownership of Imagery. All work will be done in a competent fashion in accordance with applicable standards of the profession and all services are subject to final approval by a representative of the Company prior to payment. All work, graphics, images, photography captured during this agreement for assignments, or once permission of use is given- The Consultant relinquishes full ownership and rights of imagery to the Company.
It doesn’t make sense to combine the Competent Work provision with the Ownership of Imagery, they’re unrelated (even aside from the fact that it’s not reasonable to expect ownership of the images.)
24. Representations and Warranties. The Consultant will make no representations, warranties, or commitments binding the Company without the Company’s prior consent. The Contractor will not use the Company’s name, image, brand or likeness without the express written consent of the Company.
This should logically be combined with 11. Independent Contractor and 1. Independent Contractor.
IN WITNESS WHEREOF the undersigned have executed this Agreement as of the day and year first written above. The parties hereto agree that facsimile signatures shall be as effective as if originals.
Xxxxxxxxx Xxxxxxxxxx, LLC d.b.a. Xxxxxxxx Xxxxxxxx Magazine
By:____________________________________________
Its:_President/CEO___________________ [title or position]
THE CONTRACTOR
By:____________________________________________
Its:________________________________ [title or position]
SCHEDULE A
DUTIES, TERM, AND COMPENSATION
DUTIES: The Contractor will perform duties as listed in the Photography Director position description. She will report directly to Xxxxxxxxx Xxxxxxxx, and to any other party designated by Xxxxxxx Xxxxxxx in connection with the performance of the duties under this Agreement and shall fulfill any other duties reasonably requested by the Company and agreed to by the Contractor.
It seems unnecessarily convoluted to have three separate documents for one agreement. You could simplify things by merging Schedule A into the Independent Contractor Agreement.
TERM: This engagement shall commence upon execution of this Agreement and shall continue in full force and effect through the 90 day probationary period, ending ___________ or earlier upon completion of the Contractor’s duties under this Agreement. The Agreement may only be extended thereafter by mutual agreement, unless terminated earlier by operation of and in accordance with this Agreement.
Okay.
COMPENSATION:
A. As full compensation for the services rendered pursuant to this Agreement, the Company shall pay the Contractor __two (2%)____ percent of all advertising sales revenues generated and earned by Xxxxxxxx Xxxxxxxx Magazine betweenNovember 4th, 2012 and February 4th, 2013 . Such compensation shall be payable within 30 days of receipt of advertising sales.
The compensation doesn’t seem to match what the photographer is providing. The photographer is providing use of the pictures forever, while the compensation is limited to three months. In order for this to be meaningful, you have to allow the photographer the option of auditing your records. The compensation seems disingenuous. What are the chances the magazine will continue to cut the photographer in for a piece of the action if it becomes successful? The Photography Director job description may require that you treat that person as an employee rather than an independent contractor. You can read more about this at http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor-%28Self-Employed%29-or-Employee%3F
B. Contractor will also be paid twenty percent (20%) of all advertising sales to which he personally recruits (solicits, follow up, closes, collection payment).Such compensation shall be payable within 30 days of receipt of advertising sales.
Okay.
—————————————————————————————————————————————
Photography Director
Xxxxxxx Xxxxxx Magazine
| Job Title: | Photography Director | Division/Department | Photography |
| Supervises: | Contributing Photographers | Reports to: | Executive Editor |
| Last Revision Date: | January 10, 2013 | ||
The Photography Director of Xxxxxxxx Xxxxxxx Magazine manages a magazine’s photography department. The Director supervises and determines assignments for staff and freelance photographers; negotiates with agencies regarding freelance photographers. Screens contact sheets and makes preliminary selections.
The Photography Director primarily oversees the photography for three major publications, The Websitewww.xxxxxxxxxx.com the quarterly Magazine and the weekly electronic newsletter, The Xxxxx Statement. The Director also manages the social media accounts for Xxxxxxxx Xxxxxxx including Instagram and Tumblr.
The Photography Director sets the publication standards for performance, and motivates and develops the staff. The Photography Director is also responsible for developing and maintaining the publication budget.
The Photography Director will focus on a variety of activities geared towards building the Xxxxxx local presence including:
1. Editorial – Build Xxxxxx audience through photography. Source premium, relevant content ideas and manage editorial calendar. Create independent content including articles across a variety of editorial (Fashion, Beauty, Lifestyle, Arts & Entertainment, Mens)
· Establishes direction of photographic content of the website, e-newsletter and digital magazine.
· Recruits photography staff as needed.
· Responsible for the training and development of staff in which he directly supervises.
· Provide support and direction to the department Editors and Art Director.
· Schedules photographers for events and story assignments as necessary
1. Social Media – Use technology and modern marketing techniques to assist in managing the brand’s social media presence primarily using Instagram and Tumblr and sharing a portion of these photos to Twitter and Facebook.
Education & Experience
1. Two – three years experience in the media industry developing content, producing professional capacity photography and working within an editorial organization to deliver high-quality content on deadline
2. Demonstrated awareness, aptitude and capabilities with web platforms and web technology including Twitter, Facebook, blogging platforms, etc.
3. A person of the utmost integrity and character
Compensation & Time Commitment
The Photography Director should plan 10-15 hours per week to fulfill his fantastic role. The Photography Director will receive two (2)% of advertising revenues generated from the website and the bi-annual digital publication.
Thousands of fashion & style-conscious readers throughout the Xxxxxxxx area rely on Xxxxxxxx to keep them in the know while on-the-go. The online media platform for stylish socialites features a bi-annual digital publication (also available in print), a weekly editorial e- subscription service (The STYLE Statement) and accompanying website, providing highly curated local content. The Xxxxxx reader trust Xxxxxxxx as her go-to resource for what’s hip and new in local cuisine, fashion, beauty, culture, events and stylish living. The Photography Director of Xxxxxxxx Xxxxxxx Magazine wants readers to live, love, shop, dine and discover in his city as he does.
Most of Xxxxxx’s editorial content is selected locally in addition to various regional, national and international fashion and travel features. A well-connected Photography Director and his team of photographers has a finger on the city’s pulse and is responsible for selecting content, along with networking within his community to grow the Xxxxxx brand.
they questioned why she did not report her problems sooner. But she knew that if she had reported them, should would lose the job she loved so much. “The military had trained me this way — to suck it up,” she said.
“The one thing about PTSD is it’s the war that never ends” she said. “Suicide might seem like a viable option. It’s a permanent solution to a temporary problem.”
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I’ve always loved “East of Eden.” Such a brilliant book. My brother and I didn’t get along well, for years, so the novel just made sense to me. I’d never before read anything that resonated on the personal, intellectual and spiritual level. That Steinbeck, man. What a genius.
It’s not the opus most people think of, though, when the great man’s name comes up. Like Walker Evans and the Great Depression, when most hear Steinbeck, they go right to “The Grapes of Wrath.” Dust covers everything. People roam and wander. Desperation wafts thickly. “Okie” is an epithet. And Tom Joad is a character that sticks.
Hell, even Jersey’s own Bruce Springsteen mined his well-worn talent, (perhaps for the last time,) when he wrote “The Ghost of Tom Joad” back in ’95. If ever there were a story that sells in America, it’s the wandering vagrant, riding the rails. (Hey Acorn, you got any spare strips a duct tape? Got me ‘nother hole in mah overalls. Landed funny comin’ off that goddamn train.)
Much as I love to tie these reviews back to my own life, today, I’ve got nothing. Sure, I’ve been around, but always from the comfort of a car, bus, plane, or passenger train. I’m just an average, everyday civilian.
As opposed to Mike Brodie, whose project “A Period of Juvenile Prosperity,” recently exhibited at Yossi Milo in New York, and was released earlier this year as a beautifully produced book, by Twin Palms. No, this dude has seen his fair share of disemboweled varmints, festering sores, and never-washed hair. And he seems to be spry, if the pictures are to be believed. (Fence jumping in the opening picture? Great way to kick off the narrative.)
Mr. Brodie spent a few years hopping freight trains, and hanging out with the kind of kids who would emerge from a test-tube birth, if the parents were Ryan McGinley, Nan Goldin, and the aforementioned Californian, John Steinbeck. (What? You can’t have three parents? Says who?) They’d be glamorous, if they weren’t so dirty. They’d be normal, if they weren’t so misunderstood. They’d be happy, if they weren’t so damaged.
These photographs have gone everywhere, (as have the protagonists,) and it’s not hard to understand why. Looking at this book gives you a window into an unseemly world that you wouldn’t otherwise get to see. (Though the Sean Penn film from a few years back with the *Spoiler Alert* super-sad ending did a fair job, I suppose.) It’s the equivalent of US Weekly for the intelligentsia: see how the other half lives; we dare you to put it down.
I love to be surprised, but I don’t know if that happened here. It felt more voyeuristic than truly insightful; more entertaining than informative. But looking at the situation facing members of the artist’s generation, (he’s 27,) maybe this is just the most perfect set of “peoplesymbols” anyone’s come out with yet? It’s a bit cynical, but keeps it real at the same time. Sounds pretty GenY to me.
There are lots of photos looking down, which works very well, and the overall color palette is gorgeous: muted when need be, ugly when appropriate, and glowing at just the right moments. At a time when everyone is talking about Punk, because of the Met’s Fashion exhibition, this book gives us a sense of what the movement’s descendants might look like in 2013.
Basically, this is the ultimate project for now. It’s guaranteed to get people’s attention, well-crafted enough to hold it, yet not brilliant enough to force people to think too hard. It’s easy to tell yourself: boy, I’m glad I didn’t end up like that. But then you think, if I had, I’d be the one sitting on the gold mine photo project.
Is it worth it if you have to poop on toilets hooked up to vacuum cleaners, and change the dressing on your best bud Tray’s ass wound? I don’t know. But it’s too late for you anyway. This merry band of misfit roaming rebels has been photographed already. Find your own subculture.
Bottom Line: Excellent book, super-trendy project
To Purchase “A Period of Juvenile Prosperity” Visit Photo-Eye
Full Disclosure: Books are provided by Photo-Eye in exchange for links back for purchase.
Books are found in the bookstore and submissions are not accepted.
Someone asked when we would see at Perpignan the likes of Instagram, Twitter and Facebook. Jean-François Leroy thought it was some kind of joke.
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 Aaron Richter. “I was recently introduced to his work and I really dig it”
How many years have you been in business?
I’ve been taking pictures since February 2009, and by industry standards, I’ve probably been considered a “professional” for the past two years.
Are you self-taught or photography school taught?
I’m self-taught. When I first moved to New York in 2006, I worked as the copy chief for an urban-entertainment magazine called GIANT. When the magazine, which doesn’t exist anymore, started shedding staffers, I was laid off and—inspired by the magazine’s stellar art department of former creatives from The Face, DV, Trace and America—spent my severance on a camera and taught myself how to take pictures. At the time, I was also working (and still work) as the art director for a digital music magazine I helped launch with friends called self-titled (www.self-titledmag.com), and since part of my job involves commissioning all photography in the magazine, I found myself shooting bands and musicians quite a bit. This led to art directors and photo editors noticing my work, and assignments started coming my way.
Who was your greatest influence that inspired you to get into this business?
Absolutely my buddy Ruvan (www.ruvan.com), who takes the most amazing photos. Ruvan was the photographer on the first story that I ever wrote for GIANT (an “In the Studio” piece with the Bravery). Shooting primarily on film, Ruvan takes beautiful photos with such ease and little fuss; watching him work and learn and develop his skills helped me realize that changing my career path was a realistic goal and not just a longshot empty dream—in other words, his development showed me that photography was something I could learn and teach myself with the right motivation and critical eye. Ruvan also frequently throws gallery shows with his work, in which he encourages attendees to take home images that he’s arranged on the walls. His shows always have such a great vibe—a fantastic meeting of friends. For me, photography is a social experience—whereas writing always felt incredibly solitary—and Ruvan’s events always showed me how important the people around us are to truly enjoying what we do.
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 moved to New York to be a writer and an editor at magazines. And I did that for three years, and it was not fun for me. I really disliked doing the work at a time when magazine content was shifting more toward blog posts and quantity over quality. Photography gave me the opportunity to create projects for myself, and everything I shot was fun, because I was learning, and getting better and better with every shoot and every time I pushed myself to try something new. As I’ve started working more and shooting projects for myself less, I still look to maintain that sense of fun—in other words, work never really feels like work when I’m taking photos—and I always hold that as the best inspiration.
Do you find that some creatives love your work but the client holds you back?
I’ve never really had a situation like this. Each assignment or job that I get, I always consider it a collaboration between myself and the entire team—rather than specifically my photos. For example, I love smiling, both smiling myself and making my subjects smile. Love it, love it, love it. I love my photos infinitely more where I’ve been able to connect with my subjects in a manner where they have a genuine smile on their faces in the images. But obviously, not every job is going to call for the subjects to be smiling—particularly shooting fashion and moody musicians. Avoiding smiles on a job where the client wants a more serious tone isn’t holding back my vision for the work I want to produce; it’s just a necessary element of collaboration.
What are you doing to get your vision out to the buying audience?
The only thing I know to do is just shoot as much as possible. When paying work dies down for a week or two, as it always will in the freelance life, I fill those days as much as possible with days shooting for myself, whether it’s spending a day with a new model shooting some fashion or catching up with a band that’s in town and taking pictures for my music magazine, self-titled. I also produce an online fashion magazine called Joey (www.joeyzine.com), which I shoot for a bit and commission lots of my photographer friends for. I’ve done five issues over the past two years, but as I’ve gotten busier, it’s become difficult to put out issues on a regular basis. But Joey is great exposure, both for myself and for my contributors. Joey gives me better excuses to shoot whatever I want and present it in a way that’s easily digestible and engaging for anyone online. I, along with pretty much every working photographer that I know, also keep a readily updated Tumblr (aaronrichter.tumblr.com) of new work, whenever it’s published, which seems to have become just as essential as maintaining a portfolio site.
What is your advice for those who are showing what they think the buyers want to see?
If they enjoy shooting the work, then awesome. To me, that’s really all that’s important. If they’re shooting something they don’t enjoy because they want to book a campaign and make money, then that’s kind of a total bummer. But there’s obviously a middle ground here—shooting what you think buyers want to see but doing it in a way that’s enriching for you. Like, I know a lot of photographers that might think “lifestyle” photography can be kinda corny but are able to approach it, because they know they need more of it in their book, in a commercially valid way that isn’t just BBQs and riding bikes. Ultimately, shoot what you like shooting. If you’re good and share your work, someone will see it and dig it.
Are you shooting for yourself and creating new work to keep your artistic talent true to you?
As much as I can, yeah. But really, as I’ve sort of already said, I’m just happy whenever I’m taking pictures, no matter if it’s something more in line with what I personally want to produce or collaborating on a job for a client. I like to think: Would I rather be transcribing interview tapes? Would I rather be blogging about YouTube videos? Would I rather be struggling to figure out how to write a profile of some upcoming singer in 100 words? Would I rather be fretting about commas and verb tense? No way—not for me. Every day I’m taking photos, I’m happy to have a relief from what I used to do for a living.
How often are you shooting new work?
Every week. I love it.
Aaron Richter grew up in the Midwest but now calls Brooklyn home. A displaced writer and magazine editor, he has seen his photos appear in the pages of such titles as GQ, Men’s Health, Spin, Bloomberg BusinessWeek, Glamour and Nylon. He’s also produced images for brands including Urban Outfitters, Doo.Ri, Puma, Copperwheat, Casio, Clarks and bebe, and exhibited his backstage portraits from Bonnaroo 2011 at the W Hotel in Times Square. In his spare time, Aaron steers the art direction for self-titled, an iPad- and Web-based publication he helped launch in 2008, and served previously as the editor of MusicMusicMusic, a short-lived magazine that tanked a ton of money but made a few hip people very happy. Aaron enjoys reading Norman Mailer, rewatching the movie DiG!, and metally deliberating about which is the best of the generally bad Rolling Stones albums.
You can contact me directly for anything at studio@aaronrichter.com.
I’m also represented in the US by the awesome JP at Fresh Artist Management (jp@freshartistmgmt.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.
citing his “fierce commitment to photojournalism and endless drive to tell a story.” Munita’s portfolio of work, shot in a wide variety of settings and locales, reflects a strong and nuanced grasp of the human condition. His photographs of refugees in Afghanistan, prisoners in El Salvador and daily life in Cuba all demonstrate just how in touch Munita is with the currents (and undercurrents) of life.
via Time- LightBox.
I sat in the back row for orientation, flanked by two friends. The large conference room at the CUNY Graduate School of Journalism was buzzing. To my left sat David Emitt Adams, an Arizona photographer who prints on oil drum lids. To my right was Jaime Permuth, a Guatemalan based in New York, who photographs in Queens. We were excited, and probably a little nervous, to take part in the first ever New York Portfolio Review, sponsored by the NY Times Lens Blog.
I was listening to the tail end of Michelle McNally’s introductory speech, when David’s elbow gently poked my rib cage. He pointed across the room, and whispered in my ear, “Get a load of that guy.”
I looked up, and noticed that one of our fellow photographers was wearing a Mexican-style lucha libre wrestling mask. Awesome, but maybe a little inappropriate. Like everyone, I was curious as to the identity of our masked man.
There were over a hundred photographers in the room, many of whom had flown in from around the planet. The Times was hosting its first portfolio review, which was announced on the Lens Blog this past winter. Those sitting there, patiently waiting to have their work reviewed by some of the biggest names in the industry, had been chosen from among the several thousand applicants who submitted work. The event was totally free, which is a rarity. Even the food was complimentary.
It was an august group of seasoned professionals, and, of course, the guy wearing the lucha libre mask. My friends and I giggled, reflecting the personality of adolescent troublemakers in the back row. “Dude,” I said to David, “I’ll give you twenty bucks if you climb on the table and tackle him, like Macho Man dropping down off the top turnbuckle. Twenty bucks, dude. Twenty bucks.”
He laughed, but was wise enough to pass. Then, the lucha libre guy got up from his chair, and started heading our way. “Quick,” I told the guys, “when he walks by, let’s all yell ‘Que Viva,’.” It’ll be awesome. Like. Totally.
The anonymous photographer was tall, and bore down on us like a lumberjack eyeing a tasty bit of tree. Just as he was about to walk by, our taunts at the ready, something surprising happened. He stopped.
Suddenly, I was looking up at a pair of sparkly eyes, peering out from behind the wrestler’s mask. “Heeeeeey, Jonathan,” he said. I let out a long breath, ashamed at my recent behavior. Everyone within a few rows was watching, or so it seemed.
Immediately, it came to me: Sol Neelman, who put out the cool book “Weird Sports” a couple of years ago. I reviewed it, and then we met once in Albuquerque. Had to be him.
“Sol?” I said, tepidly. It was indeed.
“I have a present for you,” he said. The next thing I knew, he handed me a lucha libre mask of my own. “Put it on.”
“Come on, dude, put it on,” chimed the gallery.
By then, it was clear I had an audience. What the hell, I thought, might as well be a good sport about it. As I posed for the inevitable photos, however, I realized that I couldn’t actually see. The mask didn’t fit, so my eyes were covered. Fortunately, David captured the moment in a Polaroid, which he graciously scanned, so you can now snigger accordingly.
What’s the lesson here? Maybe it’s best to keep your mouth shut sometimes, rather than mocking the one guy who looks different? Or, maybe we should all lighten up a bit? Que viva.
From there, I had a fantastic day, as all my reviews were stellar. I met with some excellent people, but, really, we’ve been through this before. I’ve written several articles about attending portfolio reviews, so let’s not go down that road today.
The next day, though, I was asked to review the work of a great group of younger photographers. (It was the first time I’ve been a reviewer at a portfolio review event.) As I was the only attendee to be on both sides of the table, it occurred to me that I could use this article to highlight the best work I saw. (You know, like an actual professional.)
I sat behind a table that Sunday, anxiously waiting to dispense advice. I was open with the photographers, admitting I was much less influential than the other people in the room, and that it was likely I could offer nothing more than my honest opinion about where to take their work. I hadn’t thought of writing about them in an article like this, so the possibility wasn’t discussed.
Given the international flavor of the event, three of the six photographers I met were European. Two young women, from Italy and France, had not-yet-developed work, so we focused on picking out the best few images as a foundation on which to build. The third artist visiting from the continent, Daniel Alvarez, was from Barcelona. (Who doesn’t love that city?)
He showed me a recently published book, which I’ve photographed for you. Black and white, high-contrast, grainy images of his Japanese wife were mixed within a non-linear narrative. They were more intense than erotic, and personal in a way you don’t often see with photography like this. (Probably because he actually knows, loves and lives with his model, rather than just being a male photographer fetishizing some random hottie.) The sequencing of the book was also strong, and I’ve included a particularly impressive run. (Negatives/modernist building/contact sheet.)
Of the Americans I met, the two young women also showed images that indicated promise, but were not quite there yet. I encouraged them, highlighted the best images, and pointed out that their evident talent and work ethic, extended over time, would likely yield the results for which they were hoping. The other American, Andrew Burton, was rather confident, and gave the sense that I was probably not high on his list. (Not that I blame him. I wouldn’t have ranked me highly either.)
Andrew is a photojournalist of the old school, and had pictures to show me on his laptop. The project we discussed had recently been shot in Afghanistan, where he was investigating the American military handoff. The pictures were unquestionably excellent.
I pointed out a compelling succession of images, and mentioned that the formal compositional structure would read well in an art context. (On the topic of how to show his work outside the journalistic milieu.) Many of the other images were more angular, with less rigid use of cropping. The advice was: the fine art photo world is, and will likely always be in love with formalism.
We also talked a bit about how the photography industry is changing, no matter which wing one inhabits. I shared with him my belief that today’s photographers have to be multi-talented, and be able to create various incomes streams. The old ways are dead, I theorized, and they’re not coming back. (Then, I might have pounded the table for emphasis.) Shortly after that meeting, Andrew was hired as a NYC-based staff photographer for Getty Images. Just like the old days. Shows what I know.
After the reviews were done, everyone got together for a pizza feast, again catered by the Times. The afternoon featured a slate of lectures, which I had to miss, as I was due for a second pizza party with my family, across the Hudson River in Jersey. Before I headed back into reality, though, I made sure to stop in to thank James Estrin, Lens blog co-editor, and the visionary behind the event. (Along with David Gonzalez, the Lens Blog co-editor, who took the time to give me some tremendous journalistic advice.) Mr. Estrin is a generous guy, and I’ll reiterate my appreciation here. It was an amazing event, and I’m honored to have been included.
All you have to do is reproduce the effect that a scratch on the lens would have created in a photo, and purist jurors will praise the photographer for not having gone too far with enhancement, Palmisano says with a chuckle.
via Enhanced Reality: Exploring the Boundaries of Photo Editing – ABC News.
Dr. Neal Krawetz of Hacker Factor Solutions specializes in non-classical computer forensics, online profiling and computer security. On Sunday he wrote a blog post titled “Unbelievable” that claims the World Press Photo Award winning image taken by Paul Hansen is significantly altered. Many people questioned the image’s veracity when the winner was announced (as is the case with most PJ contest winners), but most of the negative commentary focussed on the obvious enhancements made to the image and not any allegations of serious alteration.
Dr. Krawetz proof of alteration (read the full post here):
his conclustion:
Hansen’s picture is a composite. This year’s “World Press Photo Award” wasn’t given for a photograph. It was awarded to a digital composite that was significantly reworked. According to the contest site, the World Press Photo organizes the leading international contest in visual journalism. However, the modifications made by Hansen fail to adhere to the acceptable journalism standards used by Reuters, Associated Press, Getty Images, National Press Photographer’s Association, and other media outlets.
I have to say that his evidence is not entirely damning. Taken with a grain of salt it merely points to all the enhancements people were carping about previously and not some new smoking gun. I have heard but cannot verify that the RAW image has not been seen by the jury and I do not know Dr. Krawetz beyond a cursory google search, so I’m sure we’ll find out more if news outlets decide to investigate his claims further or World Press does something (a site called extremetech.com is taking the splicing allegation and running with it). If anything this is a great opportunity for those contests and media outlets featuring photojournalism to check what protocols are in place for when questions arise. And how about some guidelines for what you think is acceptable, so there’s clear rules to follow. Given how far the old masters pushed reality in the darkroom there’s no reason to think the digital darkroom will be any different.
thx for the tip Ellis.
UPDATE 1: Paul Hansen speaking exclusively to news.com.au:
Hansen said the “photograph is certainly not a composite or a fake”.
“I have never had a photograph more thoroughly examined, by four experts and different photo-juries all over the world,” he said.The story in extremetech.com said that Hansen “took a series of photos – and then later, realizing that his most dramatically situated photo was too dark and shadowy, decided to splice a bunch of images together and apply a liberal amount of dodging (brightening) to the shadowy regions”.
But Hansen said he had done nothing of the sort. Here’s what he told us:
“In the post-process toning and balancing of the uneven light in the alleyway, I developed the raw file with different density to use the natural light instead of dodging and burning. In effect to recreate what the eye sees and get a larger dynamic range.
“To put it simply, it’s the same file – developed over itself – the same thing you did with negatives when you scanned them.”
UPDATE 2: According to Huffington Post UK, World Press is investigating:
“However, in order to curtail further speculation – and with full cooperation by Paul Hansen – we have asked two independent experts to carry out a forensic investigation of the image file. The results will be announced as soon as they become available.”
UPDATE 3: World Press Photo has independent forensics experts review the image and they concluded that “we find no evidence of significant photo manipulation or compositing. Furthermore, the analysis purporting photo manipulation is deeply flawed” and “I can indeed see that there has been a fair amount of post-production, in the sense that some areas have been made lighter and others darker. But regarding the positions of each pixel, all of them are exactly in the same place in the JPEG (the prizewinning image) as they are in the RAW file. I would therefore rule out any question of a composite image.”
UPDATE 4: Dr. Neal Krawetz of Hacker Factor Solutions claims vindication after his post goes viral:
While writing this blog entry, the photographer made a statement. He explained how he made the picture. Specifically, he is quoted as saying:
“In the post-process toning and balancing of the uneven light in the alleyway, I developed the raw file with different density to use the natural light instead of dodging and burning. In effect to recreate what the eye sees and get a larger dynamic range.
“To put it simply, it’s the same file – developed over itself – the same thing you did with negatives when you scanned them.”
This is exactly what I have been saying. It is a composite. It is more than a simple color adjustment or burning. He made it using variations of the same picture. This even appeared in the metadata as multiple as multiple records from Adobe Photoshop Camera Raw 7.1. I did add that I could not rule out separate pictures. However, I definitely detected the layers and edits.
At minimum, Hansen appears to have combined multiple versions of the same photo with different intensity mappings in order to emphasize harsh brutality in 2012 and grief in 2013. But that’s just the minimum. I still cannot rule out splicing between similar images. (This doesn’t mean it happened, it just means that I cannot rule it out with the given data.)
and
Frankly, it doesn’t surprise me that World Press Photo would award a manually altered picture their highest honor. World Press Photo claims to feature the best in photo journalism and claims to strive for ethical integrity. But I’m just not seeing it. World Press Photo and I seem to have differing opinions regarding what is ethical and what is acceptable manipulation. And they can run their contest however they want.
Last week Adobe announced a sudden shift to subscription only on future releases of Photoshop. This seems inevitable as the whole software industry has moved away from major releases in favor of incremental improvements. An article in Mashable has Adobe explaining the reasoning behind the move from perpetual licensing to subscription:
With the traditional perpetual model, product updates had to happen on a certain cycle. If the Photoshop team wanted to push out a new feature or update, it had to stay on the same cadence as the updates for other apps in the suite. The product life cycle was roughly 18 months, which meant that it would take at least that long for new features to make their way to the final product.
That’s fine for some applications but it meant that Adobe couldn’t be on the cutting-edge with its support for the latest web standards and technologies. To fill in the gaps, Adobe introduced its Edge tools and services as as a way of giving users access to tools developed on a more agile basis.
What Adobe found with its Edge apps was that customers really liked getting new features in their apps more quickly. Adobe could roll out the updates to users automatically and add support for new standards and features outside of the confines of a standard product cycle.
With Adobe CS6, the company started a dual-track for its development, focusing on a core set of features at launch for the product and then adding subscriber-only features for Creative Cloud members. Some of those features — including support for high-resolution displays such as the MacBook Pro with Retina — were rolled out to all users, but the team was basically on a dual-path.
That’s not sustainable and so, moving forward, Adobe CC products will continue to see enhancements and updates throughout the year. Major releases will likely still have some general cadence but the product teams will no longer need to wait to release new features for an app.
The issue for photographers as explained in this photographyreview.com article and comments is the $20 a month you must pay to access your photoshop files. If you don’t pay, your files are “digital trash.”
At the height of its power, the photography company Kodak employed more than 14,000 people and was worth $28 billion. But today Kodak is bankrupt, and the new face of digital photography has become Instagram. When Instagram was sold to Facebook for a billion dollars in 2012, it employed only 13 people.
via Jaron Lanier: The Internet destroyed the middle class – Salon.com.
