Freelance photographer Daniel Morel, who has found himself in the middle of a legal fight after his images of last year's Haiti earthquake were distributed by Agence France Presse without authorisation, won two World Press Photo awards
I love the slap in the face given to AFP and Getty by attributing Daniel Morel Haiti’s images a well deserved award. I am sure they considered the little girl image as a first prize for a long time.
Let it be clear: the high-profile case pitting freelance photographer Daniel Morel to Agence France Presse, Getty Images and CNN is not just a personal fight between one photographer against larger corporations. It's a case that could impact all photographers. Here's why.
Freelance photographer Daniel Morel and CBS have settled their legal fight, a couple of week after a judge issued an order that put the Haiti-based photographer in a stronger position
Agence France Presse' lawyers have told BJP they believe the news agency will prevail in its legal fight against freelance photographer Daniel Morel, despite a recent court order.
Unless the parties reach a settlement out of court Morel’s claims will go to a full jury trial in the New Year. AFP, Getty Images, CBS Broadcasting and Turner Broadcasting will face claims for copyright infringement and Digital Millennium Copyright Act violations; AFP and Getty will face further claims for contributory infringement and vicarious infringement. With widespread misuse of 13 images alleged damages and legal costs could run into many millions of dollars.
A judge has ruled that Twitter and Twitpic’s licensing terms do not extend to third parties, that Morel has a valid copyright infringement claim, and that any information identifying the copyright holder (so-called “copyright management information”) must be distributed alongside copyrighted material.
Essentially Kaufman has opted for a smoke and mirrors operation, lifting a phrase from one Terms of Service here, a snippet from another ToS there, then attempting to cobble the various components into a coherent whole: it’s the law as practiced by Heath Robinson. Whether this strategy will work remains to be seen, but judging by some of Judge William H Pauley’s comments, His Honour was distinctly unimpressed by Kaufman’s tortuous logic.
John Harrington V Daniel Morel — duckrabbit
It must be deeply comforting for JF Leroy that he has been joined in his attack on Daniel Morel by...
It must be deeply comforting for JF Leroy that he has been joined in his attack on Daniel Morel by John Harrington
What did Agence France Presse know when it distributed without permission freelance photographer Daniel Morel's images? What was Getty Images' role? And why isn't TwitPic in court?
AFP, CNN, Getty, ABC, V Morel, why this case matters to all professional photographers or why Getty could be selling your photos without you even knowing ... — duckrabbit
Tonight I have received a copy of the transcript of the court proceeding in the case of AFP, Getty, CNN and...
It’s no exaggeration to say that the arguments presented in court mean that this case, if it goes AFP’s way, could affect all photographers who use the web.
But Morel didn’t post any pictures on Twitter. Nobody ever has, because – as most 10-year-olds could explain to the NPPA – Twitter is a text message system: it can’t host pictures. Morel’s pictures were posted to Twitpic, an entirely separate legal entity from Twitter, with entirely different terms and conditions; therefore it is the Twitpic terms that are applicable in the Morel case. That’s the kind of very basic legal point one might expect a lawyer to notice.
Jean-François Leroy has been forced to weigh in, one more time, on the legal case pitting Agence France Presse against Daniel Morel, after he refused to support the freelance photographer
Dear Mr Leroy (an open letter) — duckrabbit
Thank you for your response to my post yesterday critisizing the way way certain photo agencies seem content to abuse...
Thank you for your response to my post yesterday critisizing the way way certain photo agencies seem content to abuse the rights of indvidual photographers. I am sorry that we misunderstood you. Might that have something to do with upholding a logic that many people find is at odds with your self stated remit of ‘defending professional photographers’?
JF Leroy responds 'My position here is that of an insurance company.' — duckrabbit
Yesterday duckrabbit published a post criticizing the photo industry for selling a set of pictures of the aftermath of the Haitian Earthquake...
Yesterday duckrabbit published a post criticizing the photo industry for selling a set of pictures of the aftermath of the Haitian Earthquake but refusing to compensate the photographer because he had shared them on a twitpic. Much of my criticism was aimed at JF Leroy, the Director of Visa Pour L’Image (a photojournalism festival). You can read the full post here. Today we are printing Leroy’s response in full
Why AFP, Getty, Jean-Francois Leroy, CNN, ABC, CBS love photographs but have no time for photographers, or 'it wasn't rape your honor because she was in the room and I was horny' — duckrabbit
The case that opens today according to NPPA: In a case that could set precedent in online copyright legislation and...
Reinhard Krause has spent much of his photojournalism career in some of the most tumultuous and critical places on the planet — including North Korea, Kosovo, Tibet and, most recently, the flooded regions of Pakistan. Beginning in November, all the hot spots in the world will constitute his beat, as the global pictures editor of Reuters, leading 400 staff and freelance photographers.
In one of my meetings during the day I had the opportunity to try out the M9 Titan. The camera is really a work of art and looking through the viewfinder and its bright red frame lines, I felt like I was targeting a missile or the like.
It's hard to explain a mind-blowing mess like this one, but AFP is suing a Haitian photojournalist for "antagonistic assertion of [his] rights" after it distributed his news-breaking earthquake photos all over the world without his permission.
On Monday, Agence France Presse filed a complaint in the United States District Court Southern District of New York against Haiti-based photographer Daniel Morel. Agence France Presse claims Morel engaged in an “antagonistic assertion of rights” after the photographer objected to the use by AFP of images he posted online of the Haitian earthquake of 12 January. At the heart of this case, which has prompted Morel to file a 66-page brief and 10 counterclaims, is the use, by news agencies, of social networking websites such as Twitter. However, in my opinion, this case highlights one major problem affecting the journalism world in particular: a blatant lack of respect for a photographer’s work and copyright.
That, of course, raises the question: what is copyright really worth anymore if technology has turned it into something that benefits only those with the resources to enforce and defend it at every turn?