Category Archive: journalism
Defamation, Girls, and pictures through a window: recent legal news affecting photography and copyrightMar 25, 2014 by M. Scott Brauer 1 Comment »
There’ve been a bunch of legal developments in the world of photography and copyright in the past couple weeks. Here are a few things that have been on my radar that all have relevance to freelance and staff photographers in the US:
- A woman’s photograph was used in a New York State Division of Human Rights advertisement stating that she is HIV positive. The woman did not sign a model release, but Getty argued that the real culprit in the case is the State of New York. A judge recently ruled that the issue should be taken to trial rather than dismissing the case, as Getty had hoped. The woman seeks $450,000 in damages, according to the New York Daily News.
- A new law has made it illegal to take photos of people without their permission in Hungary. An April 2013 post on the New York Times’ Lens Blog has good coverage of other strict privacy laws around the world, including France’s principle of droit d’image. I haven’t read the original Hungarian law and don’t have extensive knowledge of privacy law around the world, but it seems that the new law in Hungary outlaws the taking of photos without permission, not just the publication of photos without permission; this seems like a new development in photography-related law. Recent legal efforts to regulate paparazzi behavior around celebrities’ children in California would similarly limit the act of photography and not just publication.
- A judge has dismissed the invasion of privacy lawsuit against Arne Svenson for his photographs through windows of a Manhattan apartment building. The judge ruled that Svenson’s photos are protected by the First Amendment. At the time the photos were first shown last year, The Atlantic Cities posted a comprehensive look at the issues surrounding Svenson’s work.
- Calumet Photo (website now down) filed for bankruptcy, leaving employees without pay or explanation. Calumet served as the only local photo rental house in many markets around the US, so their absence will be sorely felt by many working photographers. Calumet also did camera repair work, and many customers have been left wondering what will happen to their gear that was in for service at the time of the bankruptcy. Others had rented gear and now don’t know how or when to return it.
- The defamation lawsuit against Institute photographer and documentary filmmaker Lauren Greenfield brought by the subjects of her excellent documentary Queen of Versailles (wiki) has been thrown out. An arbitrator for the Independent Film and Television Alliance stated that “Having viewed the supposedly egregious portions of the Motion Picture numerous times, [the Arbitrator] simply does not find that any of the content of the Motion Picture was false.” By the way, I recently saw Greenfield speak, and she provided a fascinating and revealing look at her process and how her work, from this documentary to her early work on the French aristocracy to girl culture to rich children, fits together. If you’re near one of her lectures, I’d strongly recommend going.
- The 9th District Court of the United States recently ruled that Alaska Stock had valid copyright registration for images in its collection, despite only listing some of the image authors and titles. This one deals with the nitty-gritty of copyright registration, but it’s a departure from an earlier ruling by the U.S. District Court for the Southern District of New York regarding Corbis’ copyright registration on behalf of its contributors. You can read an explanation of all of this at Photo Attorney.
- A police officer forcibly removed Baltimore Sun photo editor Chris Assaf from public space outside the scene of a police-involved shooting. The Sun’s Darkroom blog has the story about what happened, and it fits right alongside other cases in which police have overstepped their bounds in limiting press access in public areas. Baltimore Sun http://darkroom.baltimoresun.com/2014/03/in-defense-of-the-first-amendment/#1
- The Beastie Boys and GoldieBlox http://artsbeat.blogs.nytimes.com/2014/03/18/beastie-boys-and-toy-company-settle-lawsuit-over-ads-use-of-girls/“>have reached a settlement regarding the unauthorized usage of the Beastie Boys’ song Girls in a GoldieBlox ad (the music has now been replaced) that went viral last year. The ad was for a product that encouraged young girls to build and construct, and at the time, commentators felt that it was a positive appropriation of a misogynistic song. People argued “fair use” or that the Beastie Boys should just let it happen, despite a stipulation in Beastie Boy Adam Yauch’s will that read “in no event may my image or name or any music or any artistic property created by me be used for advertising purposes.” The settlement requires that GoldieBlox post an apology on their website (now visible at the bottom of the homepage) and donate a percentage of the company’s revenues to “one or more charities selected by Beastie Boys that support science, technology, engineering and mathematics education for girls.” That strikes me as a great solution: the Beastie Boys’ art is not used against their will and donation achieves GoldieBlox’s (and hopefully everyone’s) goal of getting young girls interested in topics usually dominated by boys.
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.
First-world problems or real problems? Western journalists are whining about Sochi Olympics hotels (updated)Feb 7, 2014 by M. Scott Brauer 5 Comments »
— Stacy St. Clair (@StacyStClair) February 4, 2014
I’ve spent about 10 months in Russia over the past eight or nine years, in Moscow and Saint Petersburg, but also in more remote cities such as Vorkuta, Ufa, Petrozavodsk, and Voronezh. Even in Moscow, where the hotel stood next to the Russian Foreign Ministry and the rooms was listed at about $175/night, there were substantial issues with water and heat.
Travel in Russia is not easy, and that’s why some of the viral complaints by journalists at the Sochi Olympics seem naive and privileged. Much of the world can’t flush toilet paper down the toilet. Much of the world can’t depend on clean water. Much of the world doesn’t have American breakfast food in the morning.
But there are valid issues coming through in the reports from the media village in Sochi. There are security issues. Some of the water is unfit even for bathing (West Virginia knows about that all too well). Much of the infrastructure is unfinished. There are stray dogs in hotels. By connecting to wifi in the Olympic village, you can be assured that
your computer will be hacked and your data will be stolen. (See Update II below)
The Washington Post has the largest collection of journalists’ complaints about their hotels, calling the experiences “hilarious and gross.” Deadspin got in on the act, saying “Staying in Sochi is a Hilarious Adventure.” The Wire has a wonderful analysis of some of these complaints, classifying them either as “real problem” or “first-world problem.” Can’t flush the toilet paper? First-world problem. Water unfit for bathing? Real problem. Margaret Coker, blogging for the Wall Street Journal, tells journalists to stop complaining, offering a good read on the scope of these complaints.
In fact, many of the images purported to be from the Sochi Olympics site are not from Sochi or Russia at all. The Telegraph leads their story about these complaints with a picture of three office chairs facing a toilet. Gizmodo busts some of these photos, finding that many of them have been passed around online for a year or more. The Wire has a similar analysis.
As usual, BagNews has a deeper read on what these reports mean, warning that by saturating news sites with “hilarious” (and sometimes fake) complaints about hotel conditions, readers and viewers lose sight of the real issues surrounding these Olympic Games. Real infrastructure problems need to be reported, but so does the conflict in areas close to the Olympics, Russia’s abuse of human rights, corruption in the construction and production of the Sochi Olympics, and anti-gay legislation and sentiment in the country. These issues deserve the media attention now being diverted to pictures of toilets.
UPDATE: Dmitry Kozak, the deputy prime minister responsible for the Olympic preparations, told the Wall Street Journal that they have surveillance footage of shower usage in journalists’ hotel rooms. A spokesman for Kozak quickly said they don’t have footage of anyone in showers or hotel rooms.
UPDATE II: The reports about Sochi wifi hacking seem to be exaggerated. Vice’s Motherboard site has a deeper look at NBC’s report, which served as the basis for the Yahoo piece linked above. The device infection demonstrations were done in Moscow and required the user to click on malware on a website, just as would happen anywhere in the world. The Trend Micro security expert in the NBC piece has a blog post and white paper detailing the method of infection used in his demonstrations.
“This is it. This is your country. This is what I saw.” – David Guttenfelder
David Guttenfelder, Associated Press Chief Photographer in Asia, has made 30 trips and stayed 100 days in North Korea, one of few Western photographers with regular access to the isolated country. The AP was the first news organization to open a bureau in Pyongyang, in January 2012. Guttenfelder, an American photographer who has been a finalist for the Pulitzer Prize seven times and has won seven World Press Photo awards, oversees the bureau’s photography and staff.
He posts regularly on his instagram account (@dguttenfelder), including images transmitted directly from the streets of Pyongyang since he was first allowed to bring a cell phone in to the country in February 2013. Just Something magazine published a blog with 41 of his instagram images that are well worth checking out; the feeling we get with instagram and mobile photography – casual, personal, instant – is very interestingly applied in the context of the “hermit kingdom”. These are not images we’ve seen before.
Guttenfelder is in a unique position to document a country that had almost no independent photographic record for 60 years, and luckily for all of us he is doing a wonderful job and is very eloquent about what he is trying to accomplish. National Geographic, who recently sent him on assignment in North Korea, invited him to speak at a recent National Geographic Live! event, and they’ve published a video of his talk.
After earlier comparing his vision of North Korea on his first trips to the country to the movie The Truman Show he talks about his mission as “trying to interpret reality, trying to reveal what is real inside the country.”
This is one of the more inspiring videos about photography and how it can be used that I’ve seen in recent memory.
A week or so ago I posted this photo from Dutch newspaper de Volkskrant on dvafoto.tumblr.com, but in retrospect we wanted to feature it on the main blog as well. It is an important demonstration of what press freedom and access to power is all about and the inherent hazards in allowing government entities (or any other group) to provide their own coverage. The images may emerge from a democratic government, but they really won’t look much different than the propaganda released from a dictatorship.
This is the essence of a debate that has been raging since the Fall about access to President Obama’s White House (and before that, honestly: Scott wrote about issues of photography in the White House days after Obama took office). Ron Fourniner’s article in The National Journal titled “Obama’s Image Machine: Monopolistic Propaganda Funded by You” has a thorough account of a meeting that took place on October 29 in the office of White House Press Secretary Jay Carney. At that meeting New York Times photographer Doug Mills laid out the complaints of the White House Press Corp about access to the President’s activities, and likened the White House’s activities to the Soviet Union’s state-run news agency TASS, whose successor ITAR-TASS, and fellow state-run media RIA-Novosti, is more recently known for supplying famously heroic images of Vladimir Putin to the international media.
Doug Mills’ meeting with Jay Carney was followed up by a letter hand delivered to the White House on November 21st (PDF), signed by a number of prominent media and media advocacy organizations, including the National Press Photographers Association, The New York Times, The White House News Photographers Association, ABC, CNN, NBC, Getty Images and the Associated Press. The AP also issued their own statement about this issue. Santiago Lyon, AP Vice President and Director of Photography, answered questions on the AP’s own blog:
The photos on that page [The White House official Flickr page] are visual press releases and are carefully vetted by administration employees before distribution. Such images are increasingly offered to the media by the White House in lieu of real journalistic access and we and other media organizations find this unacceptable. Media organizations generally do not reproduce written press releases verbatim, so why should we settle for these official images?
Santiago Lyon also penned an op-ed for The New York Times on December 11, 2013: “Obama’s Orwellian Image Control”. If you are interested in this topic, it is a critical piece to read. He reiterates his point above:
The official photographs the White House hands out are but visual news releases. Taken by government employees (mostly former photojournalists), they are well composed, compelling and even intimate glimpses of presidential life. They also show the president in the best possible light, as you’d expect from an administration highly conscious of the power of the image at a time of instant sharing of photos and videos.
And he ends with strong and wise words:
Until the White House revisits its draconian restrictions on photojournalists’ access to the president, information-savvy citizens, too, would be wise to treat those handout photos for what they are: propaganda.
Part of this issue is the distinction between public and private events. Some editors and photographers are arguing that when the White House releases its own images from events on social media – such as Presidents Obama and Bush meeting on Air Force One en route to Nelson Mandela’s funeral, which was off-limits to the press corp pool also onboard the aircraft – they are demonstrating that the events are not private and are indeed newsworthy. BagNews’ discussion “As Press Battles WH Over Photo Access, Did Media Cross its Own Line Publishing Obama/Bush Mandela Trip Pictures?” provides many good examples of the difference between White House coverage of events and that of the free press, including the Obama/Bush pictures on Air Force One. Another post at BagNews, “Photo Ops and Staging: Beyond White House Access, the Larger Issue is What We Have Access To” by David Campbell, has more examples of the exclusive framing of events that the White House photographers have that they deny members of the press access to.
For more context, photographer David Hume Kennerly talks about his time in the White House in an interview with James Estrin of the New York Times’ Lens Blog. Time Magazine’s Lightbox blog also published an article by former White House photo editor Mike Davis: “The Backstory: Why Photographers Need More Access In The White House”.
Furthering their terrific studies of these issues, BagNews announced this week that the subject of their next salon would be The Debate over White House Photo Access. It will take place on February 9, 2014. I also want to thank Michael Shaw, Publisher of BagNews, for providing me with resources and his insight on this topic.
BagNews argues, rightly, that, “One thing we need are images that address the construction of the image, including pictures showing photographers in the photo, the set-up of the photo-op, or using particular visual strategies such as different angles, depth of field, and framing.” One important function of the press is to create transparency about how the political machine works. Being able to have an independent look at how events are set up and designed is critical in understanding what exactly the events mean.
Time magazine points this out in other ways too with another of Phil Bicker’s great edits of handout photos in a post called “Public Service or Propaganda? Top Handout Photos of 2013″. Bicker posts often on Time Lightbox under the title “Man on the Wire”, and we wrote about one of his post’s last year: “Déjà Vu in 2012″. In this post he shows off all manner of official photographs that have been published in the press.
Besides the White House, Kremlin and the North Korean official news agencies, other notable sources for handout photos include the NTSB (for photos of the crash of Asiana flight 214 in San Francisco and a train crash in New York), NASA (for photos of space research, manned space flight and an unfortunate picture of a flying frog during rocket launch), the Government Communication and Information System of South Africa for pictures of Nelson Mandela’s funeral, the U.S. Army for a photograph of Chelsea Manning.
I’ll finish this roundup with two examples of images that cross more obviously in to the sphere of possible-propaganda, images that look like they could be news photographs but are in fact handed out by political organizations: a photo of bodies of victims that Syrian rebels claim were killed in a toxic gas attack by pro-government forces in eastern Ghouta and a photograph that the Kenyan Government provided from the Westgate Mall attack in Nairobi showing the collapsed roof of a parking garage.
BagNews also provides startling examples of powerful official imagery that has, in one way or another, been made available to the press. “Ready, Aim, Backfire: Police Photographer’s “Rolling Stone Retribution” Photos” examines the photographs of Boston Marathon bomber Dzhokhar Tsarnaev leaked by a Massachusetts State Police official photographer. This is an interesting example of how official photographs might actually undermine the official narrative; see BagNews for more on this argument. Another post, from January 6, 2014, “Even if the Police Report Wasn’t Buried by the Holiday, What Photo Would Make Us Understand Sandy Hook?” is a powerful anonymous essay about the police report and evidence photos taken by Connecticut State Police from their investigation into the Sandy Hook school shooting in December 2012. This post looks closely at the photographs, ponders their meaning (or lack thereof), and asks why they were buried in the Holiday news cycle and rarely published.
The prevalence of handout photos being published in news sources demonstrates the success organizations are having in shaping the narrative they prefer by controlling the photographs that are available of an event. This is something that we should all be aware of, and wary of. There are times and places – for example, the President’s private family dinners and on the launch pad during a rocket ignition – where restrictions on access are acceptable and logical. But so many other times, as clearly laid out in the photos and articles above, this power is being abused. And we the media and the people are right to resist this.
2013 was an interesting year for me, full of travel and new experiences. I was able to see a couple of stories I’ve been trying to produce for years turn into full pieces in major magazines. I was also thrilled to join Boreal Collective, where I will be collaborating with fantastic photographers and good friends of mine. We have a lot of exciting plans for 2014, and you can follow us on twitter or facebook. Another high moment from last year was exhibiting my work “Only Unity” in Belgrade, Serbia in November. It was the first complete solo exhibition of the project I’ve been working on for the last seven years.
It has been a year to take stock and think about how to present the work that I’ve completed in my time living in Serbia and start to plan what comes next.
Today, weeks late as is my tradition here on dvafoto, I present 25 of my favorite images from the last year, presented chronologically. Now I can’t wait to get started on new projects and new endeavors in 2014.
You can follow my work more regularly through my tumblr: onlyunity.tumblr.com and on instagram: @mattlutton. Here are some of the other major happenings in my life and work last year, some of which showed up in my slideshow above:
I completed a story that I’ve been looking in to for the last year about segregation in Roma communities in Slovakia, which sometimes takes the form of construction of barrier walls separating Roma communities from Slovak neighborhoods. The project was commissioned by Vice Magazine and published in April as “The New Roma Ghettos: Slovakia’s Ongoing Segregation Nightmare” alongside an incredible story written by Aaron Lake Smith. More of the project can be seen on my website.
In April I attended the first New York Photo Review organized by the New York Times and James Estrin of the NYTimes’ Lens Blog.
I spent June traveling around Croatia and Serbia for the Dutch travel magazine Columbus. It was great to get off my normal beat in the Balkans and see some beautiful sights and eat very well, especially in Central Serbia near Uvac Canyon. The photographs from Croatia are now available in my archive.
While photographing for Burn I visited Istanbul, Turkey for a friend’s birthday and promptly found myself photographing street skirmishes relating to the Taksim Square / Gezi Park protests we wrote about in mid-June. It was my first real experience with tear gas and rubber bullets, giving me a new perspective on the work all of our colleagues who work in these situations regularly. It is not easy.
In August and October I was reporting in Sarajevo, Bosnia and Hercegovina for the Chronicle of Higher Education for a piece that was published as “The Science of Hatred”. My pictures and work was published alongside Tarik Samarah’s photographs from Srebrenica.
My exhibition at the ArtGet Gallery, part of the Belgrade Cultural Center, was a part of Raw Season organized by the collective Belgrade Raw, who I interviewed on dvafoto in 2009. The series of exhibitions this year included shows by very talented friends of mine, including Donald Weber (who was showing his project “Interrogations”) and Pete Brook (who exhibited ‘Seen But Not Heard’: Photos from US Juvenile Prisons.). It was tremendous fun to show them around Belgrade when they were in town for their openings.
The year concluded with an opportunity to see through another story I’ve been interested in for years, and to do it alongside my friend and fellow Belgrade foreign correspondent Andrew MacDowall. The Financial Times commissioned us to produce a audio-visual slideshow in Bosnia and Hercegovina about the unique relationship between a iron ore mine in the Republika Srpska village of Omarska and a smelter in the Federation city of Zenica. The piece which was published online as “Zenica partnership helps banish ghosts of Omarska” as part of their annual Connected Europe magazine. More images from this piece are also available on my archive.
See some of the presentations of these stories in print and pictures from my exhibition on the published work section of my website.
Thanks everyone, and see you around dvafoto this year!
On January 1, the Spokesman-Review (of Spokane, Washington) published a video of the city’s annual Polar Bear Plunge. A portion of the video was taken with a remote-controlled helicopter. Though a small helicopter doesn’t match what most of have in our minds when we think of drones or unmanned aerial vehicles (UAVs), for legal purposes they are the same thing. News of the Spokesman-Review’s video spread widely after a few tweets, with some questioning the legality of using a UAV for journalism in the US. The Spokesman-Review photographer responsible for the video, Jesse Tinsley, said the use fell into a legal gray area. Poynter has a good review of the conversation and an interview with Tinsley. But on Monday, an FAA spokesperson said that there is no legal gray area regarding drone journalism. “If you’re using it for any sort of commercial purposes, including journalism, that’s not allowed,” the FAA told Poynter. In June of 2013, in fact, the FAA sent cease-and-desist letters to two American drone journalism university programs, the University of Missouri’s Missouri Drone Journalism Program and the University of Nebraska’s Drone Journalism Lab. Check out the Drone Journalism Lab’s tumblr, by the way.
RC copters with camera mounts are a growing industry. You can buy them at Amazon. DJI Innovations has a handful of other models available, too. As a result, drone journalism is taking off around the world, alongside other nonmilitary drone usage. Livestreaming Occupy WallStreet journalists used toy helicopters to gather aerial footage. Paparazzi have used drones in their celebrity coverage, leading to an anti-drone anti-paparazzi bill in California. Eric Cheng, formerly of Lytro, spoke with Popular Photography about using drones in his work. Even wedding photographers are getting into the mix, but sometimes with disastrous results (see the video below).
The use of drones in journalism (and everything else) will only increase. The Reuters Institute released a report in June 2013 on just this subject (pdf of report). In the report, they argue that newspapers, magazines, and broadcasters, will turn to drones because they vastly simplify and cheapen the process of collecting aerial photography. The Canadian Journalism Project has a good interview with Alexandra Gibb, a graduate student whose thesis addresses the use and future potential of drones in journalism. And Poynter has a nice set of links and discussion about what journalists need to know about drones, though that focuses more on the coverage of drone issues than use of drones by journalists.
Not everyone’s happy about the rise of drones. The ACLU warns about risks to privacy and safety caused by the increasing use of drones in domestic security issues. And one Colorado town made national news last year with a proposal to issue hunting licenses and bounties to shoot down drones in the town’s airspace.
And while the use of drones for commercial operations, including journalism, remains illegal in the US now, the FAA Modernization and Reform Act of 2012 says that the FAA needs to allow drones and UAVs in American airspace by September 2015. To that end, the FAA has announced plans for six drone test sites around the country which will be used to determine how to integrate drones into the nation’s airspace by experimenting in varied locations and climates.
Charges dropped against Photography Is Not a Crime blogger for posting police media relations number onlineDec 6, 2013 by M. Scott Brauer No Comments »
This is a local story for me since it involves the Boston Police Department. I’m happy to see a positive resolution, though disappointed that it the situation even arose. At its essence, a blogger was charged with witness intimidation and faced 10 years in prison for posting the publicly-available media relations phone number and email address for the Boston Police Department in a post about police harassment of a man taking video of police activity (video above).
Carlos Miller is the very active blogger behind the Photography Is Not a Crime site, which catalogs instances of photographers and videographers being arrested, detained, harassed, or otherwise interfered with by authorities while taking pictures or video. The blog is a valuable resource in the fight against increased limitations placed on visual media, especially regarding police activity. Miller frequently writes about intimidation and harassment of photographers by police, and entreats readers to write to police departments and lawmakers to fight against these injustices. We’ve covered laws preventing recording police activity before, in addition to other parts of the war on cameras.
In August 2013, Miller published a blog post about a video in which a Boston Police sergeant shoved and harassed a man taking video of police action on a public sidewalk. At the end of that post, Miller told readers to call the Boston Police Department and listed the Public Service Desk customer service number available on BPD’s own website. One reader did just that, recording a short conversation with Boston police spokeswoman Angelene Richardson, who found the recording online and filed a charge against Taylor Hardy for illegal wiretapping (Hardy maintains that permission was granted to record the call; the charge was later dropped). In a post discussing these wiretapping charges, Miller again asked readers to call a publicly available number to ask that charges be dropped. In a later post, Miller said he posted the number to “[allow] readers to contact them to show [BPD] we are paying attention.” After numerous readers called in about the charges, Boston Police Detective Nick Moore filed witness intimidation charges against Carlos Miller and threatened similar charges for anyone who called in.
Miller launched an indiegogo campaign to help with legal fees, ultimately raising $4300 to hire a lawyer. Readers continued to call in to the Boston Police Department, the lawyer mounted legal challenges to the charges, and the case started to draw some media attention. The Boston Police Department eventually folded and agreed to drop all charges against Miller and Hardy. You can read other summaries of the case by PBS and the Committee to Protect Journalists.
Of particular note related to the BPD’s actions that started this whole chain of events, in 2011 a federal appeals court ruled against (pdf) Boston police arresting a man for using his cell phone to record police activity in public without permission. The court noted that “changes in technology and society have made the lines between private citizen and journalist exceedingly difficult to draw.”
“Upworthy rankles some journalists partly because, even as it innocently coos Web readers with tender headlines, the repetitiveness of its style suggests a rather cynical ploy to lasso cheap attention rather than fully engage an audience hunting anything more than a dopamine rush.” -The Atlantic, Upworthy: I Thought This Website Was Crazy, but What Happened Next Changed Everything
For the past year, Upworthy-hosted videos and Buzzfeed listicles have been taking over my facebook feed. It’s been interesting to watch how these sites, and others like them, have come to dominate our news culture. Their headlines are manipulative, almost guaranteed to make you click, but rarely are the informative. You already know the style, and it’s creeping into other news outlets. Here are a few examples from a USA Today story about the emotionally charged headlines employed by Upworthy, Huffington Post, and Buzzfeed:
Coming from journalism, I hate these headlines, and so do others. They editorialize, tell the reader very little about what I’m about to see, and make the reader feel guilty if one doesn’t click them. But it’s been enormously successful for these companies. Upworthy is the fastest growing news site in history, with 30 million unique viewers in May 2013. While at first glance, the site seems like it only repackages videos hosted and created elsewhere, it’s making money through sponsored content and partnerships with organizations such as the Gates Foundation.
Marketing companies now offer advice on how to apply this viral-style headline writing to your small business. And it’s invading the internet. There are a ton of sites trying to clone Upworthy and Buzzfeed’s success, such as ViralNova. They use focus groups and a/b headline testing to find the most clickable headlines. There’s Godvine, a Christian site with headlines such as “See Why These Dogs Are Singing… It’s Way More Important Than You Think” and “He Has Strength, Faith in Jesus and Cerebral Palsy – This Video Will Make You Cry.”
Mainstream news outlets are taking note. The Atlantic recently published “The Case Against Cars in 1 Utterly Entrancing GIF“; Time, always one for Top # lists, has a Viral section with stories such as “The Absolute Grossest Way to Have Your Fortune Read;” Slate’s headlines are starting to change into writing like “This Awesome Ad, Set to the Beastie Boys, Is How to Get Girls to Become Engineers.”
Buzzfeed has been able to do the same thing with photos and gifs. Slate interviewed Buzzfeed founder (and Huffington Post co-founder) Jonah Peretti about how they make photos go viral. As of this writing, “21 Pictures That Will Restore Your Faith In Humanity.” And while not every post there is a hit–”84 Things That Aren’t On An Everything Bagel” didn’t post quite the same numbers (~41,000 as of this writing)–the site has figured a way to reliably draw traffic to photography. Of course, it’s not the sort of photography that we often write about at dvafoto. But just as Kony2012 showed that it’s possible to get the public interested obscure international issues, there might be something for the photojournalism community to learn from Buzzfeed.
Not all is well at Buzzfeed, though. The provenance of many of Buzzfeed’s images is often a bit questionable. They frequently lift images or whole lists from other sites without attribution or concern for copyright. The 21 Images That Will Restore Your Faith in Humanity came from a combination of Ned Hardy posts and Reddit. The site often steals images without asking for permission, particularly troubling when the copyright infringement is used in a sponsored story. One photographer fired back at Buzzfeed, and got them to pay $500 to a charity of his choice, for stealing his photo: “10 Good Reasons BuzzFeed Is Going to Pay My Invoice for Copyright Theft“.
While Upworthy’s sole positive is drawing eyeballs to some worthy stories (here’s a story from my hometown which aired on Rock Center, which I wouldn’t have seen had it not been for Upworthy), I have been impressed by Buzzfeed’s longform journalism section, BuzzReads. Though the headlines can be sensational, the content is good and original. Here are a few stories which have caught my eye recently: I Was Drugged By A Stranger, William Suess Thought He Was An American Until The Day He Was Deported, Was An American College Student Kidnapped By North Korea?, Wildcatting: A Stripper’s Guide to the Modern American Boomtown. Poynter has a nice article about what Buzzfeed’s push into longform reporting might mean.
“What would a Snopes for ViralNova or Upworthy even look like? It could question the sources of the stories and the details of the anecdotes, or provide context for their claims. But could it correct sentiments like, ‘man is fundamentally good’ or ‘we should do better?’ A site specific to this purpose would be more un-viral than anti-viral. Correcting a post like this is like fact checking Chicken Soup for the Soul, or refuting a prayer.” -Buzzfeed, “How Internet Chain Letters Took Over The Media“
Buzzfeed itself has one of the best pieces on how and why this emotionally-charged or nostalgia-infused content is taking over Facebook and the rest of the web. The article argues Upworthy, Buzzfeed, and their ilk substantially resemble chain letters and email forwards (what one MetaFilter commenter called “‘Jesus and kittens love you’ fwd-mails for twentysomething liberals.”).
Snopes.com arose to fact-check viral chain letters, but that doesn’t quite work with Upworthy and the like. Their posts are factual but packaged and reframed in an inspirational or otherwise emotional way. One can’t correct the sentiments in Upworthy headlines such as ‘man is fundamentally good’ or ‘person is brave for confront adversity.’ The best you can do is satirize the style, and thankfully a few people have:
By the way, here are two fantastic satirical exploitations of the Buzzfeed style on Buzzfeed itself: 22 Amazing Things Only a 90s Kid Would Understand, and 7 Fantastic Ways To Distinguish Between Sense And Nonsense. The first was created by what seems to be a Buzzfeed performance artist under the name Spacedog Escargot.
Also, if you use chrome, you can install an extension called Rather to filter Upworthy links, baby pictures, tv spoilers, and anything else you don’t want to see.
If you were following dvafoto on twitter yesterday, you would have seen our retweet of Jon Levy’s photo of a Libération spread without photos. The British Journal of Photography has a bit more information about the stunt: the French newspaper published an entire issue without photos in concert with the opening of Paris Photo. It’s intended as a show of support for photographers. A note about the special on the front page reads, “Libération vows an eternal gratitude to photography, whether produced by photojournalists, fashion photographers, portraitists, or conceptual artists. Our passion for photography has never been questioned – not because it’s used to beautify, shock or illustrate, but because photography takes the pulse of our world.” This is the first time since the newspaper (wiki) was founded in 1973 that it published an issue without photos.
As you can see above and at the BJP’s coverage, the pages seem empty without photos. Just as when Russian media blacked out photos in protest of the imprisonment of photographer Denis Sinyakov, this Libération issue serves as a stark reminder about photography does for the understanding and communication of news and ideas. Bravo!