VIDEO: Typical Business Mistakes Made By Photographers

The good folks over at PhotoShelter interviewed me for a piece they called - "The Typical Business Mistakes Made By Photographers " and posted the video below as a part of that. Enjoy the video!

Common Business Mistakes Made By Photographers: Interview with John Harrington from PhotoShelter.com on Vimeo.

(Comments, if any, after the Jump)

---

Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

[More: Full Post and Comments]

STOLEN: Photographer's Rights of Iconic Image

As a youth in the 80's, the Run DMC and Jam-Master Jay were all the rage. The beginning of mainsteam rap that ushered in all the rest.

Photo District News reported here on the news that the photographer has won his lawsuit against an infringer who made all manner of reproductions.

Carolyn Wright, over at PhotoAttorney.com provided some insights worth reading as well, here.

In short, protect your rights. Register your work. You never know when your work will be stolen, and having done the leg work necessary to protect yourself will give you all the tools necessary to protect your rights to the fullest extent of the law.

(Comments, if any, after the Jump)

---

Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

[More: Full Post and Comments]

TwitPic - As Expected! Selling YOUR Photos

It comes as little surprise that TwitPic announced they are now licensing images that photographers transmit over the TwitPic service. They, of course, have the right to do so, and we stand by the position we first put forth when we wrote about it last year (Morel v. AFP, AFP v. Morel - Which Way Blows the Wind?, 10/5/2010).

The model continues - 'offer a free service, or a limited one, build up a critical mass of users, change (or enforce existing) terms, and then aggregate the users' content for profit and gain.'

The New York Times reported here, and Photo District News wrote both 'Time to Quit Using TwitPic?' (5/23/11) and 'Twitpic: Laundering Images of Owners’ Rights' (5/24/11) about the realities of how the "free" model is affecting your intellectual property.

South Park has a hilarious show on the issue whereby no one actually reads terms of service here, as always, taking the issue to it's absurd endgame.

This just underscores the reality that there really is NOTHING that is free. While something may appear free, you are always giving something up when you accept something for free. Time, privacy, or, in this case, your rights.

(Comments, if any, after the Jump)

---

Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

[More: Full Post and Comments]

PicScout Acquired by Getty Images

Getty Images has made an interesting acquisition in buying the PicScout image recognition service a few weeks ago, and frankly, it's a smart move. Getty Images, with millions of images, and a dwindling per image revenue stream, must find alternative revenue streams, and focusing on infringements is wise.

In 2007, when Getty was publicly traded, and had to do things like conference calls with investors, Getty CEO Jonathan Klein said "the way we see the world today quite simply, is that our core stock photography business has stopped growing, in fact, it's declining. Our number 1 priority is to stabilize that business...we're trying to stablize the core stock business, at the same time, trying continuing to grow the other businesses." (PBN - GYI's JDK: "our core stock photography business has stopped growing, in fact, it's declining.", 9/20/07). So, the new business seems to be pursuing infringements?

Also back in September of 2007, the Stock Artists Alliance released a white paper - “Infringements of Stock Images and Lost Revenues.”, that they did with....wait for it....Pic Scout, revealed some interesting figures. We wrote (God Save the Alliance, 9/07), "SAA’s study found that 9 out of 10 images they found were infringements upon RM images. That’s a lot of infringements! What’s worse, because of the low-dollar-per-image issue, it seems that tracking infringements of RF isn’t cost effective, giving infringers essentially a “license” to infringe." We also cited from the report back in 2007 "According to Selling Stock’s recent count, there are just over 1 million RM images on gettyimages.com. If we apply the 1:15 annual infringement rate observed in our study, we arrive at an estimate of approximately 67,000 infringements in a one –year period."

PicScout certainly is the industry leader when it comes to image recognition. They also are the provider of image recognition services to the PLUS Coalition's PLUS Registry, which positions not just PicScout, but also Getty Images, to lead the industry in the long term.

Frankly, all photographers would benefit from Getty being on top of their rights management, and the pursuit of infringers. The more infringers are pursued, the more they will think twice infringing, whether it's a Getty image, or that of a freelancer.

(Comments, if any, after the Jump)

---

Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

[More: Full Post and Comments]

End of Term at the White House News Photographers Association

After two terms as President of the White House News Photographers Association, my term ends with our 90th Anniversary Gala, May 14th, 2011. It has been my pleasure to serve the members during our meetings and discussions with the White House over access issues, as well as meeting individually with many of the members to discuss how to grow their businesses. It is with great ] appreciation that I thank our Executive Director, Heidi Elswick for her service, and especially board member Jon Elswick for her continuing service to the membership.

There is much work to be done by the board in the coming year. As my tenure was wrapping up, I found my last full day as President, handling press calls that resulted in (or followed up on) articles in the Washington Post (here), Los Angeles Times (here), Politico (here), and Poynter (here), to name as few. This issue will continue, and the access (and retrictions thereof) will continue as the White House shifts into campaign mode in the coming months.

Best wishes to the incoming President, Ron Sachs, and the board as they continue to serve the members of the WHNPA, who are truly, the Eyes of History.

(Comments, if any, after the Jump)

---

Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

[More: Full Post and Comments]

LOOK3 - Festival of the Photograph - 2011

This year, the Festival of the Photograph returns to Charlottesville, Virginia, June 9th through the 11th, featuring photographers
Nan Goldin, Antonin Kratochvil, and Massimo Vitali, as well as many others. For more information, click here, and to get a flavor of the event, check out an overview video we did during the 2009 event (they were on hiatus in 2010), below:

(Comments, if any, after the Jump)

---

Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

[More: Full Post and Comments]

Copyright: Know it or Blow it

American Photographic Artists has an excellent program that is ongoing - Copyright, Know It or Blow It - which is travelling the country, and Topics to be discussed include:

-- What To Do When Your Image Has Been Infringed

-- How And When To Choose An Attorney

-- Putting Copyright To Work For You

I have spoken (and am speaking) at several of them as time and my schedule permits. To learn more about the FREE program, visit the APA site here.

(Comments, if any, after the Jump)

---

Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

[More: Full Post and Comments]

Google v. Authors

Much has transpired in the case between Google and book authors. Back in 2009 it was determined that photographers are not authors (Techcrunch - 11/09 - Judge In Google Book Settlement Case Says Photographers Are Not Authors) and were refused access to the Google lawsuit.

On March 22, the judge who is overseeing the possible settlement between Google and the authors rejected their agreement. The prime reason the judge rejected the agreement was that it would have been a huge exemption to existing copyright law, in that Google's "registry" of copyrighted material they would have been collecting would have automatically been included unless the authors took action to opt out.

Fortunately, while the outcome of this case doesn't directly affect photographers, the results are insightful as professional photography organizations continue to press a seperate lawsuit against Google (more information here).

(Comments, if any, after the Jump)

---

Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

[More: Full Post and Comments]

Stock Artists Alliance Shuts Down

The Stock Artists Alliance, an organization dedicated to a focus on the rights and needs of stock photographers, shuts down in April, according to Roy Hsu, David Sanger and Betsy Reid, all former officers of SAA. Formed in 2001 to combat encroachments on revenue and rights that Getty Images was demanding of photographers, it grew to serve a broader audience as it expanded.

We wrote about SAA back in 2007 (Photo Business News - 9/07 - God Save the Alliance) when they were releasing a white paper on the rampant infringements that are ongoing on the internet. When Reid, whom I count among my friends, was hired by the Professional Photographers of America (SAA announcement, 3/09) I was concerned for the future of SAA, as she was really the cornerstone of the organization.

The demise of SAA parallels the demise of the stock photography in general. The money just isn't there for the creator, however, it seems, the corporate giants that the SAA was founded to fight, still sees money. If nothing else, they see an unending flow of images from all comers, most as doe-eyed contributors who have no concept of their rights, or the value of their images.

Sad.

(Comments, if any, after the Jump)

---

Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

[More: Full Post and Comments]

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.

(Comments, if any, after the Jump)

---

Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

[More: Full Post and Comments]