Pro-Imaging

22 October 2009

United States Senator Al Franken (D- Minn) with co-sponsors Sens. Sherrod Brown (D-Ohio) and Sheldon Whithouse (D - RI) have introduced legislation (S1763) to disallow the federal tax deduction for all advertising and marketing expenses for prescription drugs.  As only politicians can, the bill has been cleverly titled, "Protecting Americans from Drug Marketing Act".  It would require an amendment to the IRS code.

16 July 2009

We urge each and every one of you to read the NY Times at:

http://lens.blogs.nytimes.com/2009/07/15/behind-6/

Issues of note to you:

1.  The article clearly demonstrates United States Supreme Court nominee Judge Sonia Sotomayor’s attitude toward the value of professional, historic photography.  The case gave her a platform to display for her purported “empathy”.  She could have sided with the victorious, 100% innocent (solo) photographer or with the company owned by Bill Gates who according to the trial court negligently lost 12,640 images entrusted to it and which it failed to market. Reflecting the second time a Federal Court had found Corbis negligent in connection with lost images.  Rather than penalize the negligent company she rewarded its massive unexplained loss of the imagery it failed to market by condoning a valuation absurd on its face.

2.  If you had any doubt that stock agencies, in this instance Corbis, regard your images as mere commodities - each of no more value than another - that doubt ought to now evaporate. 

18 May 2009

Attached is New York Police Department "Operations Order" dated 4/3/09 and directed towards its own officers.  It is rather clear on the rights of photographers to shoot in public places, including transit facilities.  It also references what inquiries and efforts the police may make under certain "suspicious" circumstances.

14 April 2009

Google the above phrase or any of its permutations, e.g. “You’ll never shoot another job”, ”Now no one will ever hire you” and so on and you will get thousands of hits.  The cliché, in one form or another, manifests when a creator, whose work has been infringed or whose bills have not been paid, has the temerity to express the intent to hire a lawyer.  Obviously the "threat" of losing a non-paying client (especially in this economy) has been an effective deterrent when used on creatives.   Yes, it is counterintuitive.  Yes, it is illogical.  And yes, clients know that it often works to prevent claims or lawsuits.

10 March 2009

            For those of you who still inexplicably refuse to register your work, here’s yet another often overlooked reason for doing so. 

            Section 302 (a) of the Copyright Law sets forth the term of a registration for works created after January 1, 1978.  That term is “the life of the author and 70 years after the author’s death”.    In plain, blunt English that means that infringements occurring after a photographer has died can be prosecuted by his/her estate and/or spouse and/ or heirs and monies recovered.

10 December 2008

In response to numerous inquiries:

In light of the crises in the financial world in general and in the stock industry in particular, there will likely be a wave of additional bankruptcy filings in the photography industry.  Indeed some have already taken place.  In the most recent one that we are aware of, Superstock, there were press reports that it plans to sell its assets, which includes contributor contracts, to Masterfile.  In bankruptcy this is a complex process that can require a number of evidentiary hearings and sometimes litigation.  Such a “sale” cannot take place without the contributors’ participation unless the contributors elect to do nothing.  Do not assume that merely because a company seeks protection under the Bankruptcy Law (files) that you are without a remedy and will “never see a dime”.

8 December 2008

Newsday, a tabloid headquartered on Long Island, just announced yet another downsizing. Perhaps "the 10th in the last 8 years" according to a story in today's NY Post – a competing publication.  The circulation of Newsday is variously estimated at anywhere between 400,000 and 528,000 placing it on most industry “Top Ten” lists (along with the NY Post).

16 September 2008

Foxnews.com reported on Monday September 15th that Atlantic Editor James Bennet said Greenberg behaved improperly and will not be paid for the session.  He said the magazine is also considering a lawsuit. It quotes Mr. Bennet as saying, "She (Greenberg) has violated the terms of our agreement with her, of our contract with her so we're taking steps".

15 September 2008

Much has already been written regarding photographer Jill Greenberg’s  Photoshopping of the John McCain images she shot for The Atlantic. For those of you who are not aware of the Greenberg back story, in a nutshell

Ms. Greenberg (no relation) is a self-proclaimed “hard-core Democrat”.  She was hired by The Atlantic to shoot Senator McCain for its cover.   According to the New York Post, she proceeded to trick him to stand over light sources to a deliberately unflattering effect, and afterwards, heavily Photoshopped the images to portray Mr. McCain in an unbecomingly manner.  Subsequent to the shoot, she posted additional image(s) on her own website, one of which contained blood drops streaming down from the Senator’s mouth and the copy “I am a Bloodthirsty Warmongerer”.

7 August 2008

Doctors, lawyers, accountants, dentists, engineers and countless other occupations require both formal training and the obtaining of a license demonstrating a level of competency in a chosen profession.  Unsubstantiated professional advice cannot be dispensed by these professionals with impunity.

Thanks to both the First Amendment and the Internet, bloggers need not be educated, trained, tested, vetted or even proficient in the use of the English language.  The sole requirement each must possess is the ability to use a keyboard.