Egregious Demands by Gaga and Ms. Jackson

We ain't babies, Janet, and yes, Miss Jackson you're nasty. A colleague sent along this demand from Janet Jackson's "people" for photographers looking to cover her concerts, which most definitely is Egregious :

STANDARD TERMS AND CONDITIONS FOR PHOTOGRAPHERS/LIVE
APPEARANCES

Juggernaut Productions, Inc.
c/o Hertz & Lichtenstein, LLP
450 N. Roxbury Drive, 8th Floor
Beverly Hills, California 90210
Attn: Seth Lichtenstein, Esq.

Dated as of ________________________, 2011

You ("Photographer") have requested permission to photograph Janet Jackson ("Artist") at and/or in connection with the ________________________, 2011 live concert/personal appearance by Artist (the "Performance"). Any and all photographs and/or other recorded material embodying the images of Artist taken by Photographer are referred to herein as the "Photographs". For good and valuable consideration, receipt of which is hereby acknowledged, Photographer is hereby granted such permission, conditioned upon and subject to the following:

1. Right To Photograph: Photographer shall have the limited right to capture still photographs of Artist solely during the first three (3) songs performed by Artist at the Performance. Photographer shall not have the right to use any "flash" in connection with any such photographs.

2. Ownership/Rights:
(a) All rights (including all copyrights) in and to the Photographs shall be owned by Juggernaut Productions, Inc. (“Company”) as a "work-made-for-hire." In the event that the Photographs are determined not to be a "work-made-for-hire," this agreement shall constitute an assignment to Company of any and rights in and to the Photographs. At Company’s request, Photographer hereby agrees to provide Company with one (1) complete set of contact sheets of any and all Photographs taken in connection with the Performance, for personal, commercial and/or archival use by Company and Artist (and the licensees and designees of Company and Artist). Company and Artist (and the licensees and designees of Company and Artist) shall have the right, without any obligation to Photographer or any third party, to use and exploit the Photographs in any manner.

(b) Photographer shall have the limited right to use certain Photograph(s) expressly approved in writing by Artist, in a single instance, solely as part of a news item relating to the Performance in the news publication of which Photographer is an employee/agent. Any other use of the Photographs (including, without limitation, any syndication of the Photographs, any
additional use in connection with the news publication of which Photographer is an employee/agent, or any use in other publications) is subject to Company’s prior written consent in each instance. The Photographs may not be used in any manner which could imply an advertisement or endorsement by Artist of any company, person, product or service. By way of
example, but without limiting the foregoing, neither Photographer nor the news publication of which Photographer is an employee/agent shall have the right to embody the Photographs (or any portion thereof) in or on any items of merchandise or in connection with any advertisement or promotion of any person, product or service whatsoever. If the Photographs are to be printed together with any editorial, news or other informational text, the final edit of such text shall be subject to Artist’s prior written approval. Photographer shall have no other rights with respect to the Photographs, and Photographer shall not assign, license or transfer such rights. All rights in and to the Photographs not expressly granted pursuant to this subparagraph 2(b) are reserved by Company and Artist.

3. Miscellaneous:
(a) Without limitation of the other remedies to which Company and Artist may be lawfully entitled, any breach of the terms hereof shall result in the immediate rescission of all rights granted by Company hereunder and shall be subject to injunction by any court of competent jurisdiction. Without limiting the foregoing, (i) Photographer shall be held liable for any and all damages suffered by Artist and/or any and all third parties in relation to the breach by Photographer of the provisions hereof, and (ii) any payment or other consideration or benefits payable to or received by Photographer in connection with the unauthorized use or disclosure of the Photographs shall be the property of Company and shall be immediately turned over to Company by Photographer or held in trust by Photographer for Company.

(b) This agreement shall constitute a binding contract, construed in accordance with the laws of the State of California. Photographer hereby consents to the jurisdiction of the courts of the State of California.

A SIGNED COPY OF THIS DOCUMENT MUST BE RETURNED TO ARTIST’S REPRESENTATIVE PRIOR TO THE PERFORMANCE. ANY PHOTOGRAPHY OF ARTIST BY PHOTOGRAPHER SHALL BE DEEMED ACCEPTANCE BY PHOTOGRAPHER OF THE TERMS HEREOF, AND COMPANY AND ARTIST SHALL PROCEED IN RELIANCE ON SUCH ACCEPTANCE.

ACCEPTED AND AGREED:

Print Name:
("Photographer")

Employee/Agent of
(Name of Publication/News Group)

Seriously? I am sure that the many legitimate news outlets whom have photographed "Ms. Jackson" have not signed this, nor agreed to it. Photo District News details a similar demand by Lady Gaga (here), which is ridiculous. These "contracts" likely would hold little water nor stand up in court, but it stands that artists continue to devalue and disrespect their fellow creatives with contracts like these.

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2011 NPPA Northern Short Course

So, are you wondering what to do next week- specifically Thursday March 10th, through Saturday March 12th? Wonder no more! The NPPA's annual Northern Short Course kicks off three days of AWESOME programming in picturesque Warwick, RI.

Not in the upper northeast? It's worth the flight (especially via Southwest!) to see:

Amy O'Leary teach you all about AUDIO

Eric Maierson teach you about FINAL CUT PRO

Darren Durlach teach you about how to tell a story in video

Tom Sperduto reprise his AMAZING location lighting workshop

AND TONS AND TONS MORE!

The short answer is - this is the best value for your dollar over three days - where you pay once and get to see as many seminars as you can. Oh, and Nikon and Canon are there to do free check-and-cleans of your equipment.

Oh, and Saturday, you get to listen to NPR's David Gilkey, Nat Geo's Karen Kasmauski, Washington Post's Marvin Joseph, and Reuters' Lucy Nicholson, all whom will inspire you to leap and bound forward in your career with confidence.

For more details on the over TWENTY programs and lectures, click HERE to get the details, and sign up!

(Comments, if any after the Jump)

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Stock Loss: Stupid is, as Stupid Does

When Getty Images acquired iStockphoto, they said they did so to prevent iStockphoto from canibalizing their own business, at a time when the average price for a stock photograph was in the $900 range.

Here's a photo, on the iStockphoto website (here) of a nondescript fragrance bottle. Price? About $10.



Where can you buy this exact same photo, with the exact same resolution, for $340?

(Continued after the Jump)

Why, iStockphoto parent company, Getty Images, right here via their Getty Images Flickr site!



So, Getty is doing a pretty good job of self-immolation. This isn't the first time, nor will it be the last, that Getty Images makes mistakes that cost them their bottom line!

(via Shannon Fagan on Facebook)

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Copyright - Enforce it Wherever possible

I read with great interest an article on the web site "webcopyplus" - Legal Lesson Learned: Copywriter Pays $4,000 for $10 Photo - where the website admits to stealing a photograph "...frankly, we screwed up." and then tells the tale of one of their copywriters who was "were under the impression that images on the Web without any copyright notices were “public domain” and therefore free to use. Naive? Yes."

Naive indeed.

The story reads like part admission of guilt, part "...we got busted and learned a lesson, but everyone does it..."

What lessons should photographers take away from this?

(Continued after the Jump)

First - register your copyright. They said that if the lawyer had contacted the design firm instead of the client, they had some options "Had the lawyer engaged Webcopyplus, in which case our client wouldn’t be caught in the middle, we would have had options: ignore the letter; say, “Go ahead, sue us”; or respond, “$1,925 is our final offer,” which there’s a chance they’d accept." When their request for a copy of the registration certificate was not provided, they were able to go to the Copyright office's website, "and by entering a registration number at the U.S. Copyright Office’s website (www.copyright.gov), we were able to confirm the image was copyright registered and the lawyer’s client was the rightful owner." Now, they are taking the demand seriously.

Second - (and I learned this from singer/songwriter Jon Sebastian) WHENEVER you learn about someone infringing upon your copyright, you should pursue it with great vigilance. By doing this, not only can you generate revenue, but you teach the greater community of users of photography that if they steal, they run the risk of paying the price.

Third - Don't try to go it alone. Get a lawyer. When you have a lawyer, people realize you're serious. The first correspondence from the lawyer to the infringer included the sentence "“Cease and desist demand and offer to settle copyright infringement claim, and digital millennium copyright act claim, subject to Rule 408, Federal Rules of Evidence.” according to the infringer. This is a critical sentence, because the letter made a demand for money, and if that sentence was not in there, the amount that the lawyer was asking for on behalf of the photographer to settle the claim would be something that could be introduced into evidence during a trial, and limit the amount the photographer could actually win during a trial.

Fourth - Engage the infringing entity - in this case, while the infringers were both the design firm and the company, going after the ongoing infringer - the company, you not only will often get a better response from their lawyers, but the company likely also carries insurance to cover lawsuit/settlement losses, and they will likely pursue reimbursement from the design firm. Many design firms don't have these protections, nor lawyers on retainer, and are likely to try to sweep these things under the rug. In this case, the infringement gave a black eye to the design firm in the mind of their client, so there was no sweeping under the rug! They noted - "It was a tough pill to swallow, but we were the ones who messed up, and salvaging the client relationship was priority."

The design firm suggests, regarding the settlement amount "We felt — and photographers we spoke to agreed — the proposed settlement amount was excessive." Well, I'm not sure whom they spoke to, but $4,000 is a very small settlement amount, so whomever they spoke to that represented themselves as photographers must really not understand the value of the photographs they produce - perhaps it was they who also advised a valuation of $10 - "Why would copywriters at Webcopyplus pay $4,000 for a digital photo that retails for about $10?"

One really bad thought that was posited was "...Based on recent discussions, even after we shared our story, some continue to suggest copyright laws are blurry, and insist if you ever run into conflict and get a threatening letter, you can simply delete the image and toss the document in the trash (one designer even labeled it “delete and toss”)." BAD IDEA. They then acknowledge that "While this might work with some individuals and organizations, particularly if they’re in a different province, state or country, which might make legal costs prohibitive, be aware: you could end up in a lengthy and costly court battle. For those who insist, “It won’t happen to me,” mind the fact that this beach photo was the only one we’ve ever grabbed from the Web for a client’s website. And it cost us almost $4,000. Consequently, we urge others to recognize and yield to a simple fact: If it’s on the Internet and others wrote or created it, do not use it without their permission."

While it's dubious to believe "...this beach photo was the only one we’ve ever grabbed from the Web for a client’s website..." in the end, now, there's one less company out there who is under the misguided thought that if it's on the internet, they are "...under the impression that images on the Web without any copyright notices were “public domain” and therefore free to use." and who now professes "...We apologize, and it won’t happen again."

Good.

(Disclaimer - I am not a lawyer, nor is this specific legal advice, but rather general information for your review and consideration.)

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What's Next in Photography - Jamie Rose

During FotoWeek DC's annual PhotoFest, a group of concerned photography professionals brought together a series of presenters to talk briefly about what's next in the industry. Jamie Rose, a seasoned photojournalist and well-established NGO photographer, and co-founder of the Momenta Workshops was among the presenters, and the presentations are now online on YouTube.

Here's the Highlights video (RSS readers see the video here):



After the jump is the entire presentation, in 2 clips...

(Continued after the Jump)

Clip 1 of 2 (RSS readers view the clip at this link):




Clip 2 of 2 (RSS readers view the clip at this link):




The original description of the program was as follows (and appears here):

What Next?

So you're a photographer, or you want to become a photographer, but you know the business model is changing and constantly evolving.

What is the new paradigm? How will you succeed as a working visual communicator? What will give you the edge over all the others out there?

Come listen to a unique, diverse, and experienced group of visual professionals as they share their ideas of new business models for our world today and tomorrow.

Hear their predictions and how they're preparing for the future. Join us for Questions and Answers with these pros, and participate in their panel discussions.

Learn, Share, Network

Each presenter will speak for 15-20 minutes on their idea for the future with Q&A sessions.

The seminar’s goal is to help discover that one great solution for you in the changing world of the photography business.


Presenters
Steve Freligh, Publisher Nature’s Best Magazine
Kathleen Ewing, Kathleen Ewing Gallery and past Executive Director, AIPAD
Keith Jenkins, Supervising Senior Producer for Multimedia, NPR
Jamie Rose, photographer, entrepreneur Momenta Workshops
John Harrington, photographer, author, President WHNPA
Michael Lutzky, Strategy and management consultant (former photojournalist)

Organized by a group of concerned photography professionals
Khue Bui, Bill Auth, Lauren Stockbower, Larry Levin

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What's Next in Photography? - Michael Lutzky

During FotoWeek DC's annual PhotoFest, a group of concerned photography professionals brought together a series of presenters to talk briefly about what's next in the industry. Michael Lutzky, a former staff photographer for the Associated Press who now is a strategy and management consultant for media companies, was among the presenters, and the presentations are now online on YouTube. Lutzky made a number of remarkable points, one so much so that I added it in to the beginning of my presentation (with his permission, of course.)

Here's the Highlights video (RSS readers see the video here):



After the jump is the entire presentation, in 3 clips...

(Continued after the Jump)

Clip 1 of 3 (RSS readers view the clip at this link):



Clip 2 of 3 (RSS readers view the clip at this link):




Clip 3 of 3 (RSS readers view the clip at this link):




The original description of the program was as follows (and appears here):

What Next?

So you're a photographer, or you want to become a photographer, but you know the business model is changing and constantly evolving.

What is the new paradigm? How will you succeed as a working visual communicator? What will give you the edge over all the others out there?

Come listen to a unique, diverse, and experienced group of visual professionals as they share their ideas of new business models for our world today and tomorrow.

Hear their predictions and how they're preparing for the future. Join us for Questions and Answers with these pros, and participate in their panel discussions.

Learn, Share, Network

Each presenter will speak for 15-20 minutes on their idea for the future with Q&A sessions.

The seminar’s goal is to help discover that one great solution for you in the changing world of the photography business.


Presenters

Steve Freligh, Publisher Nature’s Best Magazine
Kathleen Ewing, Kathleen Ewing Gallery and past Executive Director, AIPAD
Keith Jenkins, Supervising Senior Producer for Multimedia, NPR
Jamie Rose, photographer, entrepreneur Momenta Workshops
John Harrington, photographer, author, President WHNPA
Michael Lutzky, Strategy and management consultant (former photojournalist)

Organized by a group of concerned photography professionals
Khue Bui, Bill Auth, Lauren Stockbower, Larry Levin

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The Flash Bus - Coming (likely) to a city near you!

I'll admit that my speedlight knowledgebase is lighter than what I know about studio and location lighting that travel in large flight cases, and, in fact, the first time I tried wirelessly using a second speedlight that talked to the one I had on my camera, I was pleasantly surprised with the results. So, when I learned about this upcoming workshop, I was excited about the opportunity to engorge the thinner areas of my lighting knowledge, and get insights into the speedlight mystique.

Lighting gurus David Hobby (also known as "The Strobist") and the legendary Joe McNally have teamed up to visit 29 cities in 6 weeks, all to speak the gospel of speedlight salvation (from heavy cases with excess baggage charges!).

So, check out The Flash Bus Tour 2011 and make a point of taking this day-long presentation, I guarantee it will be worth it!

Cities They're hitting:

(Comments, if any, after the Jump)

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What's Next in the Field of Photography?

During FotoWeek DC's annual PhotoFest a few months ago, a group of concerned photography professionals brought together a series of presenters to talk briefly about what's next in the industry. I was among the presenters, and the presentations are now online on YouTube.

Here's the Highlights video (RSS readers see the video here):



After the jump is the entire presentation, in 5 clips...

(Continued after the Jump)

Clip 1 of 5 (RSS readers view the clip at this link):



Clip 2 of 5 (RSS readers view the clip at this link):



Clip 3 of 5 (RSS readers view the clip at this link):




Clip 4 of 5 (RSS readers view the clip at this link):



Clip 5 of 5 (RSS readers view the clip at this link):

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ASMP's Strictly Business 3 - 2 More Left!

ASMP's Strictly Business 3 seminar series roared back into the ethos last week with the launch in Los Angeles, and there are only 2 more cities left - February 25-27 in Philadelphia, and April 1-3 in Chicago. Last time around (SB2) when I was a speaker, we had attendees talking about how valuable it was for them to fly-in and spend the weekend with several hundred other photographers focused on growing their success.

This time around, you can be sure that it's the same, so I strongly encourage you to make the investment in your future by attending this time around.

To learn more, and register, click here.

(Comments, if any, after the Jump)

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The Art and Business of Photography

While one might consider it unusual that I would recommend and promote a book on the business of photography when I am the author of what could be considered a competing book, I genuinely believe that the more business knowledge that's available, the better it is for photographers.

It is to that end that I recommend you consider Susan Carr's book - The Art and Business of Photography, which you can pre-order on Amazon now, and get it in a few weeks.

I've known Susan for a number of years, and worked with her on the ASMP Strictly Business 2 seminar a few years back. She not only edited the updated ASMP Business Practices book, 7th Edition, a few years back, but she also responsible for developing educational programing on professional photography for the ASMP as their Education Director, and has been for almost 4 years. So, she brings a learned perspective to the subject matter, and I am sure you'll garner significant insights from her book. So, pre-order it now.

(Comments, if any, after the Jump)

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