©Daniel Morel

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.

AFP is mad because the photographer, Daniel Morel, sent cease and desist letters to numerous AFP clients, allegedly made false and defamatory statements about AFP, and made unreasonable monetary demands of AFP for infringement.

AFP is asking a federal court in Manhattan to declare that it did nothing wrong, and force Morel to pay unspecified damages for defamation.

Morel, a veteran photojournalist and former AP photographer, was in Port au Prince when the earthquake struck. He shot news images moments after the quake, and within an hour, the daughter of a friend helped him post 13 high resolution images on Twitter from a hotel that still had a working internet connection.

AFP downloaded the images and distributed them through Getty, it’s distribution partner. Morel’s iconic image of an earthquake victim (shown above) appeared on the front pages of newspapers all over the world the next day. In many cases, the images carried the credit of AFP, Getty, and a Dominican photographer who stole Morel’s images and re-tweeted them as his own. (Morel says AFP knew who the images actually belonged to, a claim AFP does not seem to be disputing).

Morel started sending the cease and desist letters to AFP and various users of Morel’s images. AFP says it immediately stopped distributing his images. But the damage was done, and Morel has been seeking an unspecified payment from AFP.

AFP finally sued, asserting that the Twitter Terms of Service are perfectly clear: Anything uploaded to Twitter is free for re-distribution. Besides, AFP says, Morel didn’t indicate that he was putting any restrictions on the use of the images that he tweeted.

Morel’s response in court papers to that he “had no prior experience with Twitter…and did not read the Terms of Service.” He also explains that he posted the images on Twitter with hopes that they “would span the globe to inform the world of the disaster, and that he would also receive compensation and credit as a professional photographer for breaking news of the earthquake before the news and wires services.”

In a perfect world, photographers could take their stories to the world without major distributors and other middlemen, and somehow get paid–even after the fact–for pictures they have posted for all the world to see.

In fact, The Wall Street Journal, the Associated Press, and others did see Morel’s tweet and offer him money to publish and distribute his images, according to papers he filed in court. Not everyone, in other words, assumed that Morel’s images were free for the taking because of Twitter’s Terms of Service.

But a perfect world it isn’t. The internet may be empowering, but this case shows how vulnerable photographers’ copyrights are–and not just to petty thieves, but to big corporations who have the money and lawyers to beat small copyright owners up in court on the grounds that some fine print makes it legal to copy and distribute their works without permission.

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?

Aug 2, 2010

Thinking about going to photokina, the word’s largest photography and imaging show, but don’t know where to begin?

The following tips were issued by photokina’s organizers on how to prepare for the upcoming show, which will be held in Cologne, Germany from September 21-26th.

Photokina Tips

•    Flights: Book your flight early enough. Best rates are available when you book before Early August. Economy class tickets from the East Coast should start with $ 800. Fly into Frankfurt – Germany’s largest and most centrally located airport. Most major cities in the US service direct flights to Frankfurt. The airport has its own train station. Take a high speed “ICE train” which will reach Cologne in 58 minutes – trains race safely along the “Autobahn” and leave even the fastest cars behind. Alternatively you might also consider flying into Duesseldorf and take the RE trains to Cologne. Use discount offers available to North American attendees of Photokina.  From September 14 – October 3, 2010 discounted air fares are available to Photokina attendees at www.lufthansa.com/meetingsandevents by using access code “DEAPQ,”. The German Railway (DB) offers discounted train rides to Cologne. Tickets can be purchased at www.photokina-cologne.com or by calling +49 1805-311153 and mentioning “photokina.”

•    Staying in Cologne: For pre-booked hotels in Cologne you should get in touch with Photokina’s US travel partner TTI Travel at 212.674.3476 or cbrodsky@ttitravel.net – this outfit is specialized on trade shows and provides advise how the hotel connects the fairground and other interesting sites in Cologne. The agencies provides maps, easiest way to fairground and Cologne restaurant list.

•    Time Management: Leave an extra day to make sure you visit of the attractions in Cologne such as the Cologne Cathedral (Dom) which dates back to 1248 and took until 1880 to finish. At night make sure you visit the Oldtown (Altstadt) – a large row of unique restaurants and bars. Try one of the Brauhauses where you will meet people from all 5 continents during Photokina.

•    Prepare: use the exhibitor information at www.photokina-cologne.com to plan out your trip and seek out the companies you would like to visit. You can sort the 1,500 exhibitors by product category or geography and request exhibitor meetings.

•    Pace Yourself: During Photokina – wear comfortable shoes – the aisles in Cologne are not carpeted and there are 11 halls to walk.

•    Be prepared to spend time with exhibitors: Exhibitors at the show like to entertain and engage in longer talks. Take some time to learn something about the products but also about the people who you might want to do business with.

•    Use onsite Services: take advantage of the International Buyers’ Lounge at the Congress Center East. The Buyers lounge provides detailed trade fair and product information, cell phone charger stations, PC with Internet access. on the tickets will be automatically calculated or attractive promotional offers presented.  The Lounge is open daily between 9 a.m. – 7 p.m.

Pack & Fly: Travel tips

Written on Thursday 29.07.2010 14:23 PM By: Red Bull Illume

Freesports photographers travel – a lot. Try to get in contact with one and he or she is more often than not on the move to some new city or remote location. For a photographer then, deciding on what equipment to pack for a shoot and get it all safely through the airport and onto the plane is stressful. Stricter security and tighter baggage controls as well as local customs regulations make packing a shooter’s bag a complicated decision.

To find out some practical advice, Red Bull Illume asked Red Bull Photofiles photographer and motocross expert Garth Milan for his travel tips.

What preparations should a photographer make before flying?
Make sure you have your correct itinerary with you, and that everything lines up on it. Don’t forget the five essentials: camera bag, ID, wallet, cell phone, and keys. You might need your passport and visa too, depending on where you’re traveling.

Also, make a list of all the camera equipment you need for that job. Include every little detail, all the way down to batteries and gaffer tape, and make sure anything rechargeable leaves the house with a full charge, including your cell phone.

Try to get a feel for the job and trip before you leave so that you can make your best educated guess on what you’ll need, versus what is just wasted space and won’t get used. There is no point in dragging 50 pounds worth of lighting equipment around an airport, then carry it on the side of a mountain all day, and never use it.

But at the same time, if you think you’ll need that light and it’s part of the shoot you envision, then by all means it’s worth lugging around. Just be realistic; if you’re going to shoot portraits and lifestyle along with a couple of skateboard action shots, you probably don’t need to bring the 600 along.

How strict are the airlines on bringing camera equipment?
The airlines, within reason, are pretty good about allowing us to bring camera equipment on board. As long as you follow the rules about how big your carry on is etc., it’s really not too bad.

How do you economize with baggage weight?
I don’t! I try my best to keep the weight down, but my pack is always ridiculously heavy. I think that is just part of being an action sports photographer. Though I can always make the most out of just a single lens or camera if I have to. At the same time, I’m the type that feels if I don’t bring it, I’ll most likely need it so I normally just go ahead and bring anything I can think of for that particular shoot – just in case I need it.

What essential camera equipment would you bring?
For most jobs, I try to bring two camera bodies: one to shoot with; and another one that just sits as a backup in case something happens to the primary body. As for lenses, I try to just bring what will fit in one large, barely carry-on-able backpack.

In most cases, my typical setup that I travel with is: 15mm fisheye, 16-35mm, 28-70mm, 70-200mm, and 300mm. This way, I pretty much have my focal lengths covered. Although I love shooting with prime lenses, considering how much crap I always have to bring, I am forced to stick with zooms for practicality’s sake. I also bring a speedlight, or two, an accessory battery pack for the flash, a couple of flash diffusers, some pocketwizards, a polarizer filter, and plenty of memory cards.

Would you ever rent equipment on location?
Yes, I rent on location here and there, and it usually works out great. I mostly rent lighting. And considering the costs of checking extra bags on most airlines nowadays, you nearly break even, and your precious equipment never has to leave home! Once you are happy with a certain place’s service, file their contact away so you can remember them for next time you’re in that particular city. Also, never assume you’ll find a good, pro-quality rental house. Do your research online ahead of time, and make reservations to make sure you don’t get burned and pay too much.

Any other practical tips for traveling?
Be careful with light stands, monopods and tripods. Some security controllers consider it as a separate carry-on, and some don’t. I once made it all the way through an extremely long security line, only to find out right at the end that I had to go check in my light stand, which was barely worth the extra baggage fee the airline then slapped me with. Now, I just pack them in my checked luggage to be safe if I have the room to spare.

What’s the worst travel-disaster story you’ve heard or experienced?
A friend of mine carried his photo backpack with him as usual onto the airplane. Since the overhead spaces on the flight were all full, the flight attendant made him check his bag right there at the gate. When he arrived at his destination and claimed his pack, it was there, minus his camera bodies and lenses! Naturally, he complained immediately, but the airline never reimbursed him for the stolen gear. It was basically their word against his. And who do you think is going to win? After hearing that story, I would rather wait for the next flight then check carry-on bags at the gate.

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