In what strikes me as a very strange distinction, the FAA has said this week that journalists and media organizations may not use drones for their newsgathering operations without permission, though they may purchase photos and video from hobbyists that they do not employ.
A person who wishes to operate a UAS to take pictures or videos or gather other information that would be sold to media outlets would need an FAA authorization for the operation”FAA, Media Use of UAS, May 5, 2015
Now, in a memorandum issued May 5, 2015 (embedded above), the FAA says using a drone specifically for newsgathering, whether it’s a news organization or a freelancer intending to sell the work to a publication, requires FAA permission as does any other “non-hobby” usage of unmanned aircraft systems (UAS or drones). However, if a hobbyist happens to take pictures or video and a media organization wants to license that work for news purposes, the FAA says that is okay because the flight is considered authorized.
On this subject, do yourself a favor and check out Tomas van Houtryve‘s Blue Sky Days project, if for some strange reason you haven’t seen it yet. It’s been widely published and awarded, and for good reason. The project is the most creative and insightful investigation of American drone warfare that I’ve seen. I saw him present the work to a small crowd a couple weeks ago at the Magenta Foundation‘s Flash Forward Festival in Boston. If he’s presenting in your area, his presentations are well worth checking out.
First, sports collectors who bought what they thought were original items from Rogers began crying ‘fake.’ Then a series of people Rogers did business with started suing him over unpaid bills. Finally, the FBI raided his place, and he was tossed out of the business, a receiver appointed to make sense of the mess.”The strange saga of John Rogers…, MinnPost
This remains one of the strangest photography-related stories I’ve run across. In 2013, I first wrote about the Rogers Photo Archive‘s efforts to buy up old newspaper photography archives. Rogers claimed to be making $120,000 per week in a 2012 interview, mostly by selling prints, posters, and original negatives from these archives on eBay. Now the entrepreneur is facing at least $90 million in lawsuits and his operation has basically been shut down. The business was raided by the FBI, Rogers was ousted, and the operation has been placed into receivership, according to a piece published this week by MinnPost.
Rogers had negotiated the purchase of original negatives of millions of photos from newspaper archives across the US, Australia, and New Zealand, including the McClatchy Company, the St. Petersburg Times, the Denver Post, the Detroit Free Press, the Sydney Morning Herald, and others. The Rogers Photo Archive would then restore damaged negatives, digitize and archive the images, and then both give the original newspapers a digital archive (see “What We Do” section of the homepage) and sell images through eBay and its own licensing firm, Argenta Images (link not work as of this writing).
According to MinnPost, the entire operation has now come crashing down. There are now “more than a dozen lawsuits” aimed at Rogers, seeking in total more than $90 million. Sports collectors thought they had been buying original items but allege that Rogers was selling reproductions (interestingly, Rogers first made news when he bought a 1909 Honus Wagner baseball card in 2008). Then businesses came after the archive for unpaid bills and the business has been taken over in receivership.
One of the lawsuits against the Rogers Archive has been brought by Fairfax Media, a New Zealand newspaper company that sold the photo archives of 72 New Zealand newspapers and a number of Australian papers to Rogers. In May 2013, Fairfax sold the photo archives, approximately 8 million images, but did not receive the digitized archive before the Rogers Photo Archive’s recent troubles. The New Zealand Herald says that the sale of the images to Rogers took place only after the country’s Ministry of Culture and Heritage “granted Fairfax a temporary export permit under the Protected Object Act.” The Ministry told the NZ Herald that it is “concerned” about the fate of this historical archive and that it “reserves the right to take action as appropriate.”
All of this should illustrate why it is so troubling that states around the country continue attempts to restrict people’s right to record police activity with video or still photography. We’ve covered the issueoftenover the pastfew years. This year, both Montana (where I’m from) and Texas legislators have proposed laws restricting the filming of police. The proposed (now dropped, see update below) Texas law HB 2918would only allow registered “news media” to record police, and only from at least 25 feet away. The Montana law, proposed bill HB633, would also only allow media to film police and require them to get a $100 permit from the police department to be filmed. Rep. Dale Mortensen (R-Billings) introduced the bill and said that, “Sometimes law enforcement makes mistakes, and I would appreciate that, as a former law enforcement officer, that is not aired on TV for entertainment.”
This is a followup to our coverage of Justin Cook‘s trouble after a University of North Carolina department used one of his images without permission. After much public outcry and some behind-the-scenes pressure, Cook and the University reached a settlement. … Continued
As the news heats up again in Ferguson, a federal judge for the Eastern District of Missouri issued three orders to Missouri State Highway Patrol, City of Ferguson, and County of St. Louis, stating that police agencies must not interfere … Continued
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 … Continued
UPDATE (5 Nov. 2014): The University and Justin Cook have reached a settlement. Read this post for more info. Original post: This is a case that defies belief. The University of North Carolina used a photo by photographer Justin Cook … Continued
UPDATE (25 Sept. 2014): The US Forest Service has extended the comment period and delayed the rules regarding photography permits amid growing public outcry. Original post: The US Forest Service seems to have taken a page from so-called Ag-Gag laws … Continued
The legal case to determine whether Mr. Baille is Maier’s closest relative has now set in motion a process that Chicago officials say could take years and could result in Maier’s works’ being pulled from gallery inventories and museum shows … Continued
After my participation in the US-Russia Young Media Professionals Exchange in late 2012, I’ve been keeping an eye on news regarding media and journalism in Russia. The latest development is a new law requiring bloggers to register with the state … Continued
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 … Continued
“A ruling by an administrative law judge on Thursday held that the Federal Aviation Administration lacks clear-cut authority to ban the commercial use of drones in the continental U.S.” -Wall Street Journal In January, I wrote about the legal issues … Continued
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 … Continued