2RANDOM THOUGHTS 111
November 1, 2005
If you were on the street near the 23rd and Broadway subway exit in New York during the morning rush hour on Halloween you would have seen a photographer, working with an assistant, and set up with strobe, a backdrop and a stool for models to sit on shooting head and shoulder portraits of passers by. The photographer was using a digital camera tethered to a MAC.
Two cute young women (probably early 20's) were working the crowd to line up models for the photographer. According to my source their pitch went something like this.
Young Woman: "Hi you've got a great look, can we take your pictures?"
Potential Model: "What's it for?"
YW: "We're shooting stock for Getty Images."
PM: "Are you an employee of Getty Images?"
YW: "No, we work for Digital Vision and Getty Images sells their pictures."
PM: "How will the images be used?" (The women show one of DV's previous catalogs with a lot of portraits of real people in it.)
PM: "What do I have to do?"
YW: "It's simple. It'll only take a few minutes. All you have to do is sign this model release." (See sample in next item.)
PM: "What do I get for it?"
YW: "After we take your picture we'll give you a $15 gift certificate from Barnes & Noble."
And the photographer was getting customers. There was no explanation as to how stock images might be used, other than the language in 8 point type on the release. Despite the fact that it was Halloween the photographer wasn't looking for people in costume, but for real people with a normal everyday look.
It is unclear whether the photographer was just shooting these images for casting purposes, or whether they were the final end product he intended to market. Certainly he ended up with released images that could be marketed and could be used for a wide variety of purposes.
It is also interesting that the photographer picked a location in the heart of the photo district where he might find the greatest percentage of people in New York who were familiar with what stock photography is all about, rather than someplace where the people coming out of the subway might have known less about stock photography and had a higher end business look.
Getty Model Release
Here's the language of the release the DV shooter in the above article was handing out.
For good and valuable consideration of _____________, herein acknowledged as agreed, and by signing this release I hereby give the Photographer/Filmmaker and Assigns my permission to license the images and to use the images in any Media for any purpose (except pornographic or defamatory) which may include, among others, advertising, promotion, marketing and packaging for any product or service. I agree that the Images may be combined with other images, text and graphics, and cropped, altered or modified. I acknowledge and agree that I have consented to publication of my ethnicity(ies) as indicated below, but understand that other ethnicities may be associated with Images of me by the Photographer/Filmmaker and/or Assigns for descriptive purposes.
I agree that I have no rights to the Images, and all rights to the Images belong to the Photographer/Filmmaker and Assigns. I acknowledge and agree that I have no further right to additional Consideration or accounting, and that I will make no further claim for any reason to Photographer/Filmmaker and/or Assigns. I acknowledge and agree that this release is binding upon my heirs and assigns. I agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws of the state of New York, excluding the law of conflicts.
I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this release.
There was a box to identify ethnicity and the following were included: Asian (Chinese, Indian, Japanese, Korean or Other), Hispanic or Latin, Native American, Black, African American, Caucasian, Middle Eastern, Pacific Islander, Mixed Race.
There were definitions for Model, Media, Photographer/Filmmaker, Assigns, Images, Consideration and Shoot.
Murphy Takes Over As Director of Development for Image Partners At Getty
It has been announced that Meghan Murphy has been promoted to Director of Development for Image Partners at Getty Images. Rob Henson and Jill Wear will continue to support the operational needs of the Image Partners.
Murphy's primary focus will be guiding the development plans and fostering opportunities for growth for the Image Partners, as well as identifying and recruiting new partners to further expand and complete Getty Images' offering.
It is believe that Michael Teaster, the former Director, has been given a new assignment to focus solely on looking for collections where Getty Images can acquire complete ownership.
Thinkstock Leaves Getty
As reported earlier all the JupiterImages properties that were previously marketed through the Getty Images web site have either been pulled off or will be coming off soon. This presents some problems for Getty customers who have used some of the images in the past. The following is how Getty is dealing with the situation.
"After November 4, 2005, the Thinkstock collection will no longer be available from Getty Images. We are informing you because you have either purchased Thinkstock single images from Getty Images in the past, or have saved Thinkstock single images in your shopping cart or lightbox."
"Please save your previously purchased images to a local hard drive, as they will be unavailable after November 4. For imagery saved in your lightbox or shopping cart, please note that it will be unavailable for licensing after the same date."
More Production Shoots At Jupiter
Rumors have it that JupiterImages has budgeted $15 million to be spent on shooting new wholly owned content.
Photographers Petition Supreme Court For Review Of Claim Against NGS
After Jerry Greenberg's recent success in winning a $400,000 jury award against National Geographic Society for the unauthorized use of his images on a CD-Rom (See Story 764) photographers Fred Ward, Douglas Faulkner and Louis Psihoyos have asked the U.S. Supreme Court to review their case against NGS.
Earlier this year the U.S. Court of Appeals in the 2nd Circuit said that the NGS CD did not infringe on the rights of photographers Ward, Faulkner and Psihoyos. This was in direct conflict with the 11th Circuit's decision in the Greenberg case which involved the same CD-Rom product.
Consequently, Ward's lawyers have argued in their petition to the Supreme Court that "review is urgently needed to resolve the conflict between the Second and Eleventh Circuits. Unless NGS is held accountable for the engine of infringement it has created, copyright will soon mean nothing in the digital world and the incentives on which our copyright system rests will be severely diminished."
NGS spokesperson MJ Jacobsen say the publisher will not oppose the request for a Supreme Court hearing.
Solicitor Swan Sets Up New Practice In UK
In the past many in the stock photo industry who needed legal advice in the UK have turned to Charles Swan of the Simkins Partnership. As of November 1, 2005 the Simkins Partnership is closing down and Swan is setting up a new practice.
The new practice is Swan Turton and can be reached at www.swanturton.com. The mailing address is 68a Neal Street, Covent Garden, London WC2H 9PA. The phone is 020-7520-9555. Many of the lawyers and associates that worked with Swan while he was with Simkins have moved to the new practice.