livebooks blog

• The New York Times launched its photography blog, Lens, this week. Not surprisingly, it aims to highlight the paper’s own top photography from the present, as well as its archive dating back to the early 20th century, but Lens also gives props to great photos from other newspapers, magazines, and agencies. With its beautiful full-screen interface and insider interviews with photo legends, like this with David Burnett about his images of Bob Marley, it’s no surprise the photo blogosphere is buzzing.

• Todd Walker of Gallery Hopper blog pointed us to a scanned copy of a NYPD internal memo which tells its officers that street photography is indeed legal. In the memo, it says, “photography and/or videotaping is rarely unlawful.” Given the recent outpouring of complaints regarding street photography, we’re glad the NYPD is taking steps to rectify the situation.

• American Photography 25 announced its winners earlier this week. A slideshow of the selected images is available online for a limited time. The 351 photographs selected from over 10,000 submissions will be included in a hardcover book to be released in November this year.

• American Apparel settled a year-long lawsuit with Woody Allen on Monday, agreeing to pay the director $5 million for using an image of him from Annie Hall, without his consent, for one of their billboards. Dov Charney, CEO of American Apparel, posted a thousand-word statement on the company blog in response to the settlement, explaining that it was the insurance company’s idea to make the settlement, not his.

The online tussle surrounding The Copyright Registry a few weeks ago grew out of a bit of hyperbole on both sides: C-Registry overused “orphan works” to stress the advantage of their service, and the blogosphere overreacted — as it sometimes does — by jumping to some unfair conclusions. The blogs that misconstrued the facts are as responsible as the company that proffered the facts. Most disappointing in this chaos was the email alert sent out by the APA. The fact that the ASMP endorsed C-Registry should have been a signal to the APA that they needed to do some additional fact checking before sending out their alert. This would have gone a long way to preventing the blog mob that rose to crucify C-Registry.

The orphan works bill that sits in Congress like an unstable nuclear device has the potential to radically shift the way photographers will have to manage their work that exists online. Understandably, the photo industry is jumpy about anyone or anything that mentions it, which has resulted in an overly suspicious atmosphere. When companies like C-Registry come along with an entrepreneurial solution to offer photographers a method of registering images, they need to be aware of this volatile atmosphere and word their references to orphan works carefully.

There were three other details that also served as flashpoints in this debate, and which deserve some clarification:

EULA (end user license agreement): C-Registry had an EULA that asked subscribers to their service to grant some of the rights of the work to C-Registry. This is very similar to the facebook fiasco that I wrote about a few months ago. Simply put, to display your work online, web services need your permission.

DOT US: Any American website that utilizes a domain suffix other than “.com,” “.net” or “.org” immediately falls under scrutiny because many nefarious internet companies have adopted these obscure suffixes for their endeavors. C-Registry was accused of trying to look like the government — “.gov” — by utilizing a “.us” domain suffix. My gut reaction was they were going to distinguish their services by country. It turns out I was correct.

Seeding a stock agency: Probably the most inflammatory detail that surfaced against C-Registry was the fact that the people who started C-Registry also own a stock photo service called StockPhotoFinder. Because of the first point above, assumptions were made that C-Registry was going to be a content supply service for StockPhotoFinder. That’s a broad and bold accusation, especially without verifiable evidence. C-registry would have been wise to anticipate that assumption and to indicate to the contrary on their website. But then again, obvious notions like that are often lost in the avalanche of details an entrepreneur has to contend with in getting a business started.

If you’d like a blow-by-blow point and counterpoint of this situation, you can read the blog posts and the emails from the APA and ASMP (PDN has a comprehensive and pretty fair rundown of the situation here). From my estimation, both sides had very valid arguments — as usual, it just depends on your perspective. If you’re a suspicious photographer, you could easily spin the rhetoric on the C-Registry site in a negative way. If you are not, then C-Registry could seem like an intriguing idea. I asked for an opinion from an independent individual who is a heavyweight in the business of online rights management and very close to the orphan works issue. His response? Many people assumed C-Registry was a scam when, in fact, it looked pretty legit from the outside. He did see some room for improvements, but he felt that the idea was sound.

So what’s the larger lesson here? The climate in our industry is tense at this point in our history. As such, we tend to assume the worst before collecting all the facts. Photographers are wise to keep a weather eye on the horizon. But let us not forget who we are. All of us know that due diligence and fact checking are cornerstones of our industry. If we as photographers weren’t under such a barrage of assaults from different fronts, the C-Registry issue probably wouldn’t have exploded as it did. Let’s give C-Registry the fair shake that any new business deserves before we start lighting the torches.

• The Unlikely Weapon, a documentary film about the late photographer Eddie Adams, opens in New York’s Quad Theatre today (April 10) and will be screened across the country in coming months. Adams is most remembered for his iconic image of Saigon police chief General Loan shooting a Vietcong guerrilla at point blank, which won him the Pulitzer Prize and World Press Photo, and for starting one of the best PJ workshops in the country. Check out this article and slideshow of Eddie’s work on NPR and this New Yorker story about his recent retrospective.

• Just as we thought the Fairey poster saga was dying down, we read about some new development at Conscientious. Apparently Fairey posted a long comment a few days ago explaining his views on the use of Mannie Garcia’s photo in the HOPE and PROGRESS posters, in an effort “to protect the rights of all artists, especially those with a desire to make art with social commentary.” New York gallerist James Danziger wrote an open letter in response to this, essentially saying how disappointed he was with Fairey’s denial of the source of the image.

• According to Reuters, Iranian-American photojournalist Roxana Saberi, who has been detained in Iran’s infamous Evin prison since January, has been charged with espionage and her trial will begin next week. In Iran, espionage can carry the death penalty. U.S. Secretary of State Hilary Rodham Clinton expressed her concerns to the news and demanded Saberi’s immediate release.

• While claiming it is the antidote to copyright infringement, C-Registry, part of New York-based StockPhotoFinder.com, might be the poison itself. Our friend John Harrington did an in-depth investigative piece this week that raised red flags about the service. APA is also concerned about the misleading information on the C-Registry website, even issuing an official alert. C-Registry has edited the information on its website since.

• Bookmark this: ASMP just launched a new blog called Strictly Business, promising “to bring you business tips, thought provoking ideas, useful resources, videos and podcasts all focused on professional photography.” Contributors to the blog are all ASMP educators. Be sure to check out the video on copyright issues.

• White House photographer Pete Souza has named Alice Gabriner, former chief photography editor for Time magazine, the White House photography editor and deputy director of the White House Photography Office. Veteran photo editor Jennifer Poggi and Washington photojournalist Rick McKay will be joining Gabriner as White House deputy photo editors. For more details, see NPPA.

• Pixazza‘s innovative service that turns static images into income-generating content may be the future trend of advertising. It has already gotten a blessing (and investment) from Google and other Silicon Valley big shots, as reported by Photo Archive News. The “Product in the Picture” service enables consumers to mouse over images on websites to learn more and see related products.