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.
Category: Copyright
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Agence France Presse's slap to photographers – 1854
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A Court Victory Al Gore May Not Want to Advertise – NYTimes.com
A Court Victory Al Gore May Not Want to Advertise (Published 2010)
This case pitted Mr. Gore and Current TV against Ken Light, a photojournalist and an outspoken advocate for fair compensation for journalists.
Link: https://www.nytimes.com/2010/04/23/us/23sfmetro.html
The art, a photograph, belonged to a Berkeley professor, and Mr. Gore and Current TV had used it without permission, payment or credit. A judge this week ruled against the professor, indicating the use was not illegal.
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Thomas Hawk » Is Imagelogr.com Trying to Be the Largest Copyright Infringer of All Time?
via Thomas Hawk Digital Connection |: https://thomashawk.com/2010/05/is-imagelogr-com-trying-to-be-the-largest-copyright-infringer-of-all-time.html
Imagelogr claims to be scraping the entire “free web” and seems to have hit Flickr especially hard, copying full-sized images of yours and mine to their own servers where they are hosting them without any attribution or links back to the original image in violation of all available licenses on Flickr. If people on Imagelogr want to they can manipulate your images, rotate them, see them at different sizes up to 300% and even download the images with a download button directly from the site.
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Rob Galbraith DPI: ImageRights adds free visual search, plans compensation recovery program
ImageRights, a visual search firm that assists photographers in identifying unauthorized photo usage online, has added a free service level in addition to the paid tiers they currently offer. At no charge, a photographer can upload up to 10,000 photos to ImageRights. The company will then continuously monitor news sites, popular blogs and other online locations for usage of those photos and generate a report for the photographer when a match is found. If the usage is an infringement, then starting next month the photographer can opt for ImageRights to handle the extraction of compensation from the offending site, with the revenue being split between the photographer and the company.
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Storm In A Duck Pond As Leroy Tries To Claim Morel High Ground In AFP Haiti Hijack » The Russian Photos Blog
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.
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Judge rejects AFP’s claim to Morel’s Haiti Twitpic photos | dvafoto
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.
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Dear art world: Why is stealing a wallet not appropriation art?
It’s a few weeks after the latest Richard Prince brouhaha, and as expected things haven’t changed. The art world has come down on the side of Richard Prince, with the argument basically being that it’s a terrible ruling for appropriation art because it’s a terrible ruling for appropriation art. I might be missing something, but in none of the articles I’ve read any of the defenders of Richard Prince has given an actual explanation of why this particular case is a valid case of appropriation art
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Stirring Up Trouble Over Beyoncé’s New Video
via Thomas Hawk Digital Connection |: https://thomashawk.com/2011/05/on-flickrs-change-in-data-retention-policy-and-twitters-new-photosharing-service.html
I think this is great for a couple of reasons. First the leading player in the Twitter photo space twitpic is a total ripoff for photographers. When you use it you are giving them the right to sell your photos through some fine print in the TOS. Many people don’t read TOS agreements and twitpic doesn’t really advertise or clearly disclose that they can screw you over and steal your rights.
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SLANDER, STUPIDITY & THE MINDLESS MOB ATTACKS ON JAY MAISEL
There’s always that terrifying moment when a large, seemingly peaceful gathering turns brutally ugly. In an instant, blood is drawn and you could easily be crushed by the swirling, pulsing chaos of what is now a mindless, violent mob. Sadly, we all know that inexplicable self-destructive stupidity is not limited to the streets, but can be witnessed quite often online. And it’s happening now, in an ignorant, misguided and ruthless attack on Jay Maisel.