UNC reaches settlement with Justin Cook over copyright infringement, will also hold public forum about creative rights

This is wonderful news. After our post–one of this site’s most shared posts–on Justin Cook‘s futile attempts to get the University of North Carolina to acknowledge and correct its infringing usage of one of his photos, the University and Cook have reached a settlement. In a public statement on facebook, Cook wrote:

Yesterday The University of North Carolina at Chapel Hill and I came to a resolution. They agreed to pay my fee for their use of my image, and I agreed to drop my copyright claim on the condition that the Department of Psychology collaborates with me, the UNC School of Law, the School of Journalism and Mass Communication, the Media Law Center and others to hold an interdisciplinary public forum about the importance of creative rights.

This resolution is a win for everyone that is more meaningful than what any lawsuit could have afforded us, and it’s consistent with UNC’s core values. A community of impassioned friends and strangers united and pushed us to this huge victory that will further build community and foster conversation. That’s The Carolina Way!

Justin Cook, 5 November 2014

This is, indeed, a win for everyone. Cook’s issues with non-payment and infringement have been resolved and the greater community, including the infringing parties, will be working together to educate the public about the rights of creative workers, which I’m sure will include coverage of how to respect the copyright of photographers. I don’t think I could’ve imagined a better outcome.

I’m especially happy for this news. I’ve known Justin Cook basically since my start as a photojournalist, when we spent time together at the Flint Journal in Michigan. He’s a heck of a nice guy and a great photographer. Make sure to check out his portfolio and his most recent project, Made In Durham, a look at the effects of homicide, incarceration and gentrification in Durham, North Carolina.

Gawker: Vice Media staffers and freelancers work for a “pittance”

Vice Media
Vice Media

Freelancers—writers, photographers, illustrators, and otherwise—tell us the rates are low, and that Vice (like many other publications) is often slow in paying them. Salaries at Vice Media and the company’s pay rate for contract work were described to us as “a pittance,” “a fucking joke,” and “so low I couldn’t even consider it, it was offensive.” -Gawker, Working at Vice Media Is Not As Cool As It Seems

I’ve never worked with Vice, but have plenty of friends who have, and I’ve heard horror stories about their pay rates and frequent payment delays. This Gawker piece alleges that the Vice empire has been built on wages and assignment rates that freelancers and staffers describe as a “pittance,” and which they often wait months to receive. A former intern told Gawker that they were offered a full-time job at Vice in Brooklyn with an annual salary of $20,000. A high-level editor at one of Vice’s highest-trafficked sites earns under $40,000 per year. Vice has responded to Gawker’s piece: VICE to Gawker: Fuck You and Fuck Your Garbage Click-Bait ‘Journalism’ but does little to dispute the facts of Gawker’s piece beyond some ad hominem attacks and writing that “entry-level salaries range by department and are competitive with comparable emerging media companies in the digital space.” All of Gawker’s sources are anonymous.

Vice has been doing a lot of things right these days. Vice on HBO is a thought-provoking and wide-ranging series. Vice News has been impressive to watch over the last year or so; the reporters there tackle hard news with depth and wit, often on topics and regions undercovered by other outlets. Simon Ostrovsky’s Russian Roulette series on the ongoing crisis in Ukraine is not to be missed. There are creative, weird, and informative pieces periodically published by Vice, such as Mitchell Prothero’s Paintballing with Hezbollah. Vice’s Media Kit (direct pdf link) claims that Vice has over 650 million views on YouTube and the highest watch time of any YouTube channel with original content. Across television, print, and many online publishing outlets, Vice is one of the big successes of the digital media era. The Nieman Journalism Lab had an insightful article about the launch of Vice News which includes some information about the companies financials; selling a 5% equity stake to 21st Century Fox earlier this year means the market value of the company was about $1.4 billion at that time.

Since the Gawker piece came out last week, I’ve seen it posted a few times on social media, and each time have seen comments from freelancers complaining about low rates and long-delayed payments.

Interview: Marija Janković’s “GAK”

A few months ago, at a Belgrade photo night called Periskop, I saw Marija Janković present one of her new projects about her time as a patient at a Serbian maternity hospital, which she calls GAK. The first time I saw this work, with Serbian text, I could only really react to the photographs and the audience around me, who were often left gasping. After the event she told me the project would soon be available on her new website with English captions. I found the quotes she paired with the scenes she had photographed to be extremely compelling. They added a fascinating depth to the reportage and made me think of a slew of questions about the project and the hospitals themselves. Janković has generously agreed to publish the complete series GAK here on dvafoto and to answer some questions about her wide-ranging projects.

I’ve long admired Janković’s approach to her work and the novel ways of framing some very serious topics in Serbian history. I’ve known Janković for a few years but we had not had the chance to have an in-depth conversation about her work and what she was accomplishing. It is my pleasure to present this interview with Marija where she elaborates on GAK and some of the other projects she has completed in her career. Visit her website www.marijajankovic.com for these and many more projects.

dvafoto: Where are you from and what is your background? How did you come to be a photographer?
 
Marija Janković: I grew up in Sombor, a small baroque, multiethnic town in [the Serbian province of] Vojvodina. Before the WWII, four large ethnic groups lived together in this quiet little town. Now there are two, plus the minorities. My father was from Kosovo and this mix was important for my future work.

Visual art is pretty much all I ever wanted to do in my life. I went to a design school, than I studied painting. I quietly painted still-life until the day in 1999 when the bombings of Serbia started [ed: the NATO bombing of Yugoslavia]. It was the first time I experienced fear for my life. The involvement of the media was shocking to me. I thought that the news was supposed to follow the events, not to create them. On one side there was the Milosevic’s manipulated news, on another, the Western manipulated news. From that moment, there was two ways: close your eyes or get involved. I chose the second. I wanted to understand how the media machine looked like from inside. And I also got my first decent camera, so when I had to make my living, working in the newspapers was the solution. And I loved it, at least at the beginning…
 
Some of the work on your work on your new website is classic reportage, and other projects are very conceptual, featuring dioramas and models. Do you work on both of these sorts of projects simultaneously? Or do they represent different periods of your career?
 
If there were only two… hahaha. It’s a parallel work, sometimes more conceptual, sometimes more photojournalistic. Sometimes conceptual becomes documentary, and reportage artistic. I had, for years, worked in the press in a more traditional way (and I still do). I noticed that there are some patterns on how to make a good picture for publishing. Once I learned how to do it, I got bored. To me it was more interesting to do things differently. Unfortunately, at least here in Serbia, there is little space for that. But if I am touched by something I’ll do it, published or not. And then I decide about the approach. Not being under pressure of publishing gives you a beautiful freedom. But it also means that you will work on some other creepy, non-creative photo job to support yourself.
 
What do you see as the difference between these two ways of working, and why do you choose one approach over the other? How did you first come to make set-up scenes for your pictures? 
 
When stock photography became hysterically popular I thought to join the crowd. In my shopping basket for the set I just dropped the bag of cheap plastic soldiers; it was a strong symbol to me. Back in the studio I made a salad spiced with figurines and I was suddenly in the war zone. [ed: see Janković’s War Story]. Pictures from the front line followed me from childhood and in 1999 I made collages with pictures I found in newspapers from the war zones around the world. I got a wish to make my war material but I was aware that, despite my wish, I will have little opportunity to go and cover one. So I created my own. That way I could be critical about whatever I wanted. As I said: freedom.
 


From the series “Bor” by Marija Janković

Did you feel there were limitations in the traditional reportage you practiced before? Are there freedoms that you are able to explore with these studio photographs? Do you consider them documentary? Either if so or if not, is that label important to you?
 
Two of my stories (Staro Sajmište and GAK) would be impossible to make as a classical reportage but they are based on true stories. Sajmište happened 60 years ago and many people photographed the actual place, or wrote historical essays or books. For me it was important to show the feelings of the victims and not only the political background. This is how I chose testimonies of survivors, to give them a second life. During the process of making every picture, besides double-checking facts, I had to ask to myself “Who am I in this story? Am I a victim, a reporter, a German soldier or a simple citizen?” As a matter of fact, there are only few original pictures from the time of the camp and none from the period when it was the “Judenlager”. But we are aware that the Germans made pictures and movies. In the way I tried to make the missing pictures. Later I found only one single picture of the “Semlin Judenlager” in the archives of the Novi Sad museum.

Also GAK wouldn’t have been possible as a classical reportage. No woman would tell these things with a camera or a microphone pointed at them. Because I was a patient, without camera, in the intimate atmosphere, women shared to each other their life stories. Gynecological hospital is like a micro extract of our society.

Now we see all the fantastic work from photographers reporting from Kiev. I must admit that I would like to be there, I love the adrenalin of the protests and teargas. I did cover protests in Serbia, but we all know how classic photojournalism can also be manipulative.

Labeling… I couldn’t care less. If somebody needs labels they have all the freedom to attach some to my work but I don’t start my project by giving them this kind of definition. I begin with the problem.
 
Your work takes on some very complicated and occasionally sensitive topics, such as concentration camps, the destruction of a mining town and loss of the German community in Vojvodina. What motivates you to photograph these stories? 
 
In Serbian society many historical topics are either forbidden or rewritten and people tend to go with the mainstream flow. Nobody ever told me what happened with the Germans after WWII. First, it was dangerous to speak. Then people forgot that thousands of German women and children were kept prisoners by the Partisans in camps in ghost villages in Vojvodina. Thousands died from hunger, cold and diseases. That story was challenging. Many of these German men, husbands and fathers, committed crimes, but we tend to generalize. Women and children were not guilty. It can sound naïve, but I’m often driven by the simple feeling of “justice for everyone”. Some of this motivation comes from the feeling of guilt for the crimes that the Serbs committed, against the will of many Serbian citizens.
 
Across the body of your work I feel there is a very thoughtful and determined confrontation with certain areas of Serbia’s history that I don’t see many other artists or photographers tackling. Do you in any way see all of the series you’ve published as part of a single, larger narrative? And why do you focus on Serbian stories rather than regional or global issues?
 
I don’t see Serbia as a very happy or healthy place. It’s country with a constant problem of finding its place and direction. For example, you can’t be a patriot and in the same time say that your people committed crimes. I think opposite: first as a citizen, and then as a photographer. But no matter how much I’m stressed about many things in Serbia, it’s my country and my people and I wish them well. I would like that the Serbs know their history better and that Serbian women (and all other women in the world, for that matter) have better conditions, more human rights, more jobs and better work conditions. I traveled around the region and in Europe and made some good pictures, but there are still a lot of topics to be covered in Serbia. I’m sure that the female stories are similar in the whole world but I think we should start with what we know the best. And experiment.
 
Are there other artists, from Belgrade or the region, that you look to for inspiration or camaraderie?
 
Ten years ago I was more inspired by my colleagues work than nowadays. Many of them are good friends and I love to see their work, but at this point I have the feeling that I walk alone. Working with dolls is not my invention. Dolls are a universal symbol and inspiration to many artists. There is always something traumatic about these replicas of humans. However my recent work is more appreciated by my colleagues abroad. I don’t inspire myself just with photographs. Books, fine art, music, daily life and news, global news… All this make us who we are.
 
I see your latest series GAK and your photograph “Original and 52 notarized photocopies, 2012″ as a direct and logical continuation of the investigations that you completed in your earlier work. But it is much more personal. How has your work lead up to these projects? Do you feel better prepared now to document your own life and the people around you?  
 
In the past few years I went through some difficult personal times. It’s not accepted today to complain, or to be weak. We should be up to every mission all the time, but we witness many complications due to unresolved personal problems. Domestic crime is very common in Serbia. I love the stories that nobody else talks about. I did it in my name and the name of other troubled women. Putting yourself out there is much more difficult than photographing hooligans (this is my artistic side). “Original and 52 notarized photocopies” was very popular in the Serbian media; it became a symbol of bureaucracy. It’s my baby on the picture and my documents, but the problem is universal, and concerns the whole region. During pregnancy, instead of working, I had to spend time collecting useless documents. If I had found that story and those documents somewhere else I would have used it. But one day I just realized that I am the story and the reporter in the same time. Hahaha.
 


“Original and 52 notarized photocopies” by Marija Janković

As a man – therefore not a patient –  and as a foreigner who does not speak Serbian well, I cannot conceive of having any access to the stories of these women in a gynecological hospital if it was not for your reporting. The anecdotes and quotes struck me because of their very distinct and uncomfortable voice, I suppose because they are phrased in such a frank and unguarded way, overheard and not polished for quotation. This, coupled with your photographs of a dirty model of a hospital filled with ghoulish nurses, makes an interesting approach to reportage.

How did you come to conceive of this way of telling this story? Did you consider other more traditional approaches? What advantage (as I was asking above) did you see in telling the story with models and quotations? Do you see any disadvantages with presenting this story in this way?
 
As I mentioned above, I didn’t set out to make “GAK”. It wasn’t a situation where I made a decision and strategy, like we do for the stories. I was kept [in the hospital] in a t-shirt, with a dying mobile phone, and one notebook. During the next 5 days I was surrounded by sensitive women talking about their deepest secrets and fears. Two weeks after I found the notebook, it clicked together. I was just open to see it. Now, finding a text for this kind of work is difficult. Also, if I imagine the same text with the portraits of those women, it would be less strong. It’s like a painting of a shoe by Van Gogh; it’s much more exciting than a pair of real shoes.

I have my “test audience”, my closest friends and colleagues and I send them the projects to get some feedback before I publish more sensitive things. Most women replied “I can donate you a story!”, and men: “I didn’t know, I feel sick, great work but I can’t look at this twice”…

From time to time we read reports about hospitals and what is noticeable is that people react more to some dodgy pictures that patients made themselves with their mobile phone. You need to be extremely upset to take things in your own hands. 99% of these women accept with resignation these conditions, saying “What can I do?”
 
How would you like this project to be received? Is there any advocacy present in this project, for example to challenge for better conditions at your hospital?
 
Once I got the same question (referring to Original and 52 notarized photocopies). My answer then was “Yes, it would be nice to see somebody change something”. Today I am more realistic. I don’t think somebody will see those pictures and say “She is right, we don’t need form 227/b. II” or “We should order nurses to be nicer to patients”. But it can always serve as a support on the level of “woman to woman”, or help in reaching a critical mass of complaints where things need to be changed. It’s a job for all of us to make some pressure.
 
Are you continuing to photograph your family? Does this project mark any turning point in your work? 
 
Becoming a mother is a turning point, now all I do is photographing family. I’m less prepared to deal with heavy and dark stories, or to run towards burning buildings to get more dramatic shots. At least at this moment. On another hand, I want a better environment for my child, so I will continue to challenge this absurd but well established social structure.

Thank you Marija.