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Photography campaign group launches new copyright proposals; ‘National Cultural Archive’ among plans

Earlier this year the stop43 campaign successfully campaigned against the introduction of Clause 43 in the Digital Economy Bill, arguing that the legislation would take away the rights of photographers and artists.

Campaigners, which included members of the Association of Photographers, the British Institute of Professional Photography, the British Press Photographers’ Association, Copyright Action, EPUK, the National Union of Journalists and Pro-Imaging, were worried that proposals to collect a fee for commercial use of works whose creator could not be identified (so-called “orphan works”) were in the interest of commercial publishers rather than the original producer.

They got their way, and Clause 43 was removed from the Bill, before it became an Act.

While Clause 43 may be dead, Stop43 isn’t and it has been developing a ‘New Thinking’ proposal, to take to the new coalition government.

Stop43 supporter and photographic consultant Pete Jenkins told Journalism.co.uk that parliament will again be looking at orphan works and copyright, after the summer. “[W]e need to ensure that they are working on the right models – that is models that are creator friendly rather than publisher friendly as witnessed in the past,” he said.

The campaign has now unveiled its new proposal, which lays out plans for “cultural use” of orphan works, “and for this cultural use to switch all other uses and users to “known” works, to stimulate cultural and economic activity to the benefit of everyone”.

To enable this we propose some changes to current copyright law and the establishment of a National Cultural Archive, which must be free to use.

The group will continue its efforts to replace “inequitable and unworkable proposals” in the failed Clause 43, says Paul Ellis, co-founder of Stop43, in the latest announcement. The New Thinking proposal, he believes, “should benefit everyone”.

The Conservatives promised in their manifesto to introduce an Intellectual Property Act and we would like our proposal to be incorporated into that Act.

Although our proposal concerns itself with photography we believe it could easily be extended to all media types to create a massive cultural and economic resource of immense value, and Stop43 is eager to work with creators active in other media to achieve this.

This proposal was first introduced at the 2nd National Photography Symposium at the beginning of May, and was received well, with almost unanimous support, says the group.

The proposal has three parts [PDF at this link]

Jenkins is optimistic that the new Conservative-Liberal Democrat government will listen. “[P]ersonally I am hopeful that we (photographers) will get a better response from the new government than we did with the old regime,” he said.

But there are challenges, Jenkins warns, citing the British Library’s recently announced partnership with DC Thompson’s brightsolid, as an example. Plans to digitise newspapers and make the British Newspaper archive available to the public for a fee, trouble him.

Whilst their initial efforts involve out of copyright material, if all goes to plan it will not be long before the partnership is digitising work which is in copyright. Although questions have been asked of the British Library as to the clearance of copyright they have refused to answer any of them.

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Photographer tracks down subjects from 30-year-old photos

June 3rd, 2010 | 1 Comment | Posted by Laura Oliver in Editors' pick, Photography

From last week a nice story from Peterborough Today (and picked up elsewhere) about photographer Chris Porsz – nicknamed the ‘paramedic paparazzo’ because of his day job – who with the help of the local paper has tracked down some of the subjects of photos he took in the 1980s, finding out what had happened to the people in them and recreating the original pictures.

Full story at this link…

More pictures from Porsz are featured in this Mail Online article.

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Fast Company: AFP’s legal row with photographer – and Twitter

Fast Company takes a look at the legal row between news agency AFP and photographer Daniel Morel – and where Twitter fits in. In summary, AFP is currently embroiled in a rights row with Morel after using photographs of Haiti that had been uploaded on Twitpic. Morel reportedly sent cease-and-desist letters to which AFP responded with threat of a law suit.

Fast Company writes:

AFP, like a lot of more established organizations, seems unable to change their perspectives on Twitter to address what the service actually is. That Morel posted some of the most important photos of the decade on Twitter before any other publication shows the power and flexibility of Twitter as a legitimate news service. AFP’s argument, that Twitter is in some way nothing more than a digital bulletin board with no accompanying rights, is worrisome – it’s a different kind of news outlet than AFP, but that doesn’t mean its value in news can simply be ignored.

Full Fast Company story at this link…

More from Russian Photos Blog at this link…

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Outsourcing photography – what cost to local news organisations?

April 22nd, 2010 | 1 Comment | Posted by Laura Oliver in Comment, Local media, Photography

Last week, the Associated Press’ (AP) commercial photography arm, AP Images, launched a new service and a new revenue stream. The new Editorial Assignment Service offers other news organisations the chance to hire out its photojournalists to cover events for their reporting.

(Read more about the launch on the British Journal of Photography’s site and Photo Archive News.)

Twenty-five AP photographers are available via the assignment service and the images on display on the marketing site are great quality. For the AP it’s a new source of revenue and use of existing resources to create a money-making service; for other news organisations – as far as the agency is hoping – it could be a labour-saving device, allowing them to outsource work on far-flung or one-off assignments.

I’m thinking in particular of local media and newspapers here. Many of whom are already AP members in the US – some of whom have left the agency as a results of increased membership fees. Much is made of multimedia and the potential of online publishing platforms to mix words with rich images and more. But where do images from the field stand on a local or regional newsroom’s budget at a time of cuts/limited financial resources?

Some such news organisations are turning photo departments into visual departments – adding video to images – and creating their own money-making products by putting these desks at the heart of the newsroom. US newspaper the Star-Ledger and its website NJ.com is now generating revenue from specialist coverage of local events, in particular high-school sports, and as such video and images remains high on the agenda.

While outsourcing could bring a greater range of images to some news sites and free organisations from the labour of obtaining them, the local knowledge and understanding of an audience can’t be outsourced or replaced by the AP. Local media outlets wanting stronger visuals would do well to develop their own rather than outsource and build products for both a multimedia and potentially commercial end.

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Wikileaks releases video showing Apache shooting of Reuters news staff

Wikileaks today released a video depicting the slaying of more than 12 people – including two Reuters news staff – by two Apache helicopters using 30mm cannon fire.

The attack took place on the morning of 12 July 2007 in the Iraqi suburb of New Baghdad. Two children were also wounded.

Among the dead, were two Reuters news employees, Saeed Chmagh and Namir Noor-Eldeen. Chmagh was a 40-year-old Reuters driver and assistant; Noor-Eldeen was a 22-year-old war photographer.

An investigation by the US military concluded that the soldiers acted in accordance with the law of armed conflict and its own rules of engagement.

Reuters has been unsuccessfully trying to obtain the video through the Freedom of Information Act since the time of the attack.

More information can be found on the Collateral Murder website.

Warning: the following video contains highly disturbing imagery.

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AP photographer’s iPhone gallery from Afghanistan

March 23rd, 2010 | 4 Comments | Posted by Laura Oliver in Photography

Associated Press photographer David Guttenfelder has produced a stunning gallery of shots covering US military operations in Afghanistan’s Helmand Province using his iPhone and a Polaroid film filter app.

“I was trying to take pictures that would be similar to those rough, keepsake photos that marines might make for themselves,” explains Guttenfelder in an audio clip.

Full slideshow at this link…

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#Tip of the day from Journalism.co.uk – inspiration for visual journalism

Photojournalism: The Nieman Foundation has created a fantastic resource charting developments in photojournalism, as well as some inspirational work, on its new visual journalism site. Worth a look by photojournalists - new and old. Tipster: Laura Oliver. To submit a tip to Journalism.co.uk, use this link - we will pay a fiver for the best ones published. Full story...

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Ken Kobre: Visual journalism trends

March 19th, 2010 | 1 Comment | Posted by Judith Townend in Editors' pick, Photography

Photojournalism professor Ken Kobre takes a look at Harvard’s Nieman Report and its visual journalism feature.

We had to ignore our email inbox and take the phone off the hook find the requisite time to delve into it.

Digest at this link…

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Tracy Boyer: From photography to multimedia – making the transition

March 17th, 2010 | 1 Comment | Posted by Laura Oliver in Editors' pick, Multimedia, Photography

This presentation by multimedia journalist Tracy Boyer below looks at making the transition from photography to multimedia. While the slideshow is missing the original audio from her presentation covers when and how using multimedia can enhance your images:


(via Professor Kobre’s Guide to Videojournalism)

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Can working for free ever pay? Fire & Knives founder responds to Twitter backlash

Last year, a new quarterly print-only food magazine launched, designed, it says, to give established writers “a place for work that would not be published elsewhere; new writers a place to show themselves and experts in other fields an opportunity to write about our favourite subject”.

Behind the project is Fire & Knives founder and freelance food writer Tim Hayward. To the annoyance of some photographers, Hayward recently tweeted: “Would like to commission some foodblogger photographers for an @FireandKnives project. Odd brief. No money.”

The Twitter backlash from professional photographers came (a selection):

@Timgander: “Guardian’s @timhayward is looking for a food photographer with independent means of income as there’s no pay for the work. #fail”

@ABCphoto: @timhayward What’s the difference between a plumber and a photographer? You don’t expect plumbers to work for free.

@chickenthieves: @timhayward sorry, Cant seem to pay the bills when I work for free…

@jhphotographer: @timhayward – if you can’t afford photography for a food magazine then you can’t afford to be in business.

Tim Hayward responded to all, at length, via Twitter.  He’s not in business yet, he says. Think of it like a ‘blog someone had the brains to put through a printer,’ he adds.

Here’s how he responded to the criticism in full, when Journalism.co.uk got in touch:

Responding to the backlash:

The intention was to recruit a few foodbloggers to collaborate on a shoot which would amusingly subvert mainstream foodporn.

As with the written material in the magazine, it would be unpaid and would credit the blogger and his/her site. If any of the photographers (or more accurately agents) who snapped at the story had cared to discuss it sensibly they might have seen that.

Fortunately, writing for the Guardian food blog for so long has given me a pretty realistic idea of how much thought punters engage in before hitting the send key. It also makes me entirely resilient to flaming.

It’s important to reiterate how we’re working at Fire & Knives. About one third of our features come from established foodwriters, most of whom are happy to supply the kind of long form, specialised foodwriting that none of the mainstream food press are paying for at the moment. The rest of the features come from food bloggers or new food writers, also keen to show off their best work in a good looking format.

We have a large circulation list of influential media people with commissioning powers and the magazine is distributed to them for free. This means that, though we can’t offer money at this stage, we can offer everyone involved an excellent showcase for their work.

The funny thing is that since the tweet went out I’ve had 75 responses from foodbloggers all over the world plus a dozen from professional food photographers who think the idea of being involved in something like this might be fun and good for their profile.

The mainstream media dilemma that inspired Fire and Knives:

Most of us in the food field are now having to work across all media. We’re doing on and offline work, TV, radio and books in an attempt to make a living doing what we love. All of us give work away in some form or another. We appear on TV shows as ‘pundits’ for nothing or for risible ’sofa fees’ and the producers tell us it’s ‘good for our profile’.

We answer phonecalls from subs at national newspapers asking for ‘just a quick hundred about what spring salads mean to you – it’s good for profile’ only to find our unpaid contribution has been glued in with nine others to magic a 1000 word feature out of nowhere for nothing.

Book advances have dropped to a stage where agents are telling us we need to maintain journalistic and educational work in order to afford to play. At the very least we’re supposed to stick our work out there for nothing on our blogs in the hope that some editor will pick us up in a desperate trawl for a last minute idea – though what more often happens is that the idea is lifted whole and passed on to a staff writer. In my own case, I spend all the time I have between paid work – and believe me there’s plenty – editing a bloody magazine and stuffing envelopes for nothing.

Raising foodie writers’ profiles

But it’s not ‘for nothing’. I do it for the same reason the contributors do. It helps to raise profile and I’d rather my best work was out there being read by food lovers than being rejected by an editor who wants all the complicated bits taken out and as many references as possible to celebrity chefs jammed back in.

Of course, there would be money for everyone if we took advertising – but we don’t take advertising because then we’d have to worry about increasing our audience and dumbing down to do so.

So we use the subs to pay for production, printing and distribution and right now, that doesn’t leave any change – in fact I’m still  putting money in.

We will, of course, pay as soon as we can. But looking at the figures, that’s unlikely to be this year.

Fire & Knives: the story so far

On the positive side, what this little spat has proved is in itself interesting. We are tiny.

We’ve yet to sell the last quarter of our first print run of 2000 copies (and bear in mind the huge list that gets it gratis) – they’re sitting here in my office as I type this – but because we’ve used digital print technology, great design, we’re working with enthusiastic writers with an intelligent attitude to their own careers, we’ve thought cleverly and we’ve used new media to promote ourselves and raise profile: people like the rabid photographer contingent are fooled into thinking we’re a major player.

We’re out there, creating a fuss like a national magazine while we have the scale, business model and budget of a bedroom printed fanzine, by and for a microscopic audience of like-minded geeks. If it helps, think of us as a blog someone had the brains to stick through a printer.

The funny thing is that I trained originally as a photographer and freelanced for several years. I’m totally versed in the ‘never do anything for free’ logic drummed into us since birth.

But I also spent many years working in media and marketing and I know that the only way any of us can hope to survive is by efficient management of personal brands. Our contributors are doing that well.

As am I by continuing to be involved in this discussion – for which, by the way, I assume I’m not getting a fee – [no, you're not, Ed.] instead of getting back to writing a bloody recipe for sorrel soup which may or may not, make me £20.

No. A foodie can’t live on fresh air. On the other hand, any creative working in the media at the moment can’t afford not to promote themselves and their work at its very best.

Maybe you have an agent getting the work in, in which case you’re paying 15 per cent. Me, I prefer to give away a little work and raise profile with interesting and creative projects. Do I think special interest writing will become something done for love not money? In the traditional sense of ‘writing’ absolutely.

If anyone thinks they can make a living sitting at a keyboard writing about food they’d better have a private income. If, on the other hand, they want to make a living involved in the food media, they can if they think broadly enough about how they sell themselves.

When you think about doing it for free, ask yourself this, would I rather write rubbish for a lifestyle magazine for a laughable fee, or a) write something great and shove it in the public domain on my blog, b) write a series of proposals and pay an agent to flog them or c) write something beautiful, the way I want it, put it in a beautiful magazine and know it’s going to seen by everyone of any importance in my industry.

If you’re still sat at an Underwood, troubling the Tippex then the answer is probably a) if you want to eat, the answer is c). It’s not working for free, it’s where I’m choosing to put my marketing effort.

But then, I would say that. I’m not a proper writer. I’m a working food hack.

That’s Tim Hayward’s take. Over to you, in the comments, or by tweet.

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