Editorial Research

What is Editorial Photography - Seminar 27th Sept 2011


AOP article about the genre click here to view


Research sheet with links click here to view


Editorial photography is where the pictures, either alone or with text tell a story, and it could cover any subject or genre, uses could include;


  • Magazines
  • Newspapers
  • Brochures
  • Advertorials
  • Internet sites
  • Multi media
  • Printed books
For example, a photo essay about the plight of an oppressed community may be classed as photojournalism, but as a printed or published piece of work it is also an editorial, likewise shots from London Fashion Week that are then used to tell the story of new trends or the rise of a new designer tell a story and become editorial.
Not all editorial shots are from observation events though, some use sets; for example if a magazine was running an article on the increased recreational use of drugs in the professional female population it may want an image of a high end handbag with the contents spilling out ant containing a range of drugs. The type of shots are not always shot for purpose and may be bought from stock agencies but are still for editorial use.

The saying goes "A picture tells a thousand words", so I guess this describes editorial images.


Research Articles


Whilst not strictly limited to editorial photography, here is an article taken from EP online which I found quite sobering, because I tend to take the images I need rather than the images I like and/or want to take;


ON CHAOS, FEAR, SURVIVAL & LUCK: LONGEVITY IS THE ANSWER

Doug Menuez
To survive the creative, economic and emotional chaos of a life in photography your career must be designed for longevity. To achieve longevity, you must reconcile the conflict between what you shoot for money and what you love to shoot. Ideally, you get paid to shoot exactly what you love to shoot, every day. Reaching this nirvana requires making tough choices, a careful business strategy and attention to basic business practices. (Or be super talented/lucky, born wealthy or marry a brilliant business manager.
Simple, right? Not exactly, and this idea assumes you will survive the current financial disaster we are traversing. Some details are in order...
By Doug Menuez

THE FREELANCE DILEMMA

We are like swimmers lost on a vast, dark sea. Lightning streaks out from a distant storm to show us a direction and off we go, furiously slashing the waves toward the light and hopefully land. Too soon, darkness settles back down around us and we lose our way again. Occasionally, we lose our faith in ourselves.
At least for me, that's how it sometimes feels to be a photographer, as I struggle to find my true path. A few years ago I took a serious break to reflect on my goals and choices. This was tough; reflection involves actual thinking, as opposed to jumping on another flight to whereverland. Although blessed with outward success and a richly varied career over 30 years of non-stop travel, it slowly dawned on me that inwardly I was deeply unhappy.
Soon I had three epiphanies that opened my eyes to obvious truths I had ignored in my chaotic life. Based on these revelations I developed a set of new principals by which to live and re-direct my career. Almost overnight I was free of fear and felt true happiness probably for the first time in my life. Not everything was perfect but I had a plan and a renewed sense of purpose and belief in myself.
What actually triggered all this was hitting on a new way of thinking about my daily struggles. I gained a whole new perspective by asking: how can I build a satisfying and challenging creative life in photography over the long-term? It was clear that making longevity my ultimate goal was the answer to most if not all of my problems. By asking how each decision I made helped me achieve this goal - satisfying, creative work to last a lifetime - I had a framework by which to live a much happier and more meaningful life. Short term worries and roadblocks fell away. Thinking this way became critical to my very survival.
In a dinner conversation with Keith Green we touched on this subject of longevity and he invited me to share my thoughts with this essay. Perhaps I will seem the master of the obvious, but hey, sometimes I need a polo mallet in the head to really understand things. But in the workshops I teach I have seen firsthand that I'm not the only one going through this challenge. These are tough times and there is a hunger out there for answers. People are hitting the wall financially and creatively and can't figure out the next step.
The effort to express your vision combined with the battle in the crowded marketplace to sell your talents during the worst economic crisis in history; well it's dauntingly Sisyphean. Set that against the Congressional and corporate rights grabs and the need to balance work against time with your family and putting the food on the table, well, that will bring you to your knees. It's not about f-stops and lighting, first you have to figure out who you are. It could be called a mid-life crisis but really it's a creative crisis that ties together all the issues of our lives. I believe all photographers must go through this to remain relevant. Like Sisyphus, we have to embrace the dark sea as he did the rock, making each stroke against the waves a pleasure and an exercise in free will to create the life we want to live.

GET PAID TO SHOOT WHAT YOU LOVE TO SHOOT

Gearing up for longevity in large part means figuring out your true passion and how to get paid for that, as well as smart business decisions. I'll get to the business side in a moment. But first think about what made you want to be a photographer in the first place. What makes you insanely happy to shoot? How much time are you spending shooting stuff that makes you sick to your stomach?
Many photographers in crisis did what they thought was sensible at first and got jobs that were practical, deferring the work most valuable to them personally. They feared their personal work wouldn't sell, or they were advised to create a portfolio appropriate to the "market"' they wanted to break into.
To learn about longevity, it's instructive to look at the great masters - pick any that inspired you in your early career or education. I doubt they thought consciously about having long careers. Instead they instinctively made choices that guaranteed that to happen. They were true to themselves from day one. They may have experimented with technique or style, but they were not out there early on with "safe" portfolios designed to grab a trend. Nor were they pulling punches, they were showing the work they were inspired by and passionately believed in. The price paid for their success was often inconceivably high, and sometimes the price was their lives, but I'll venture that to them it was well worth it to be able to express their vision to the utmost. Ultimately, whether they were photojournalists, commercial or fine art photographers, they all got known and paid for creating images driven by their personal beliefs and vision.
(I'm sure many photographers know all this but in case there are few out there as thick as me I'm going to keep beating this dead horse in the event some younger shooters might avoid some of these pitfalls. Who knows, maybe they will even figure out how to re-energize the fight for our rights?)

ALL OR NOTHING

Doug Menuez photoHere's the rub: If you create a book that you think will get you work based on your perception of what sells, or on the advice of anyone who steers you away from your core, you have a complex problem ahead. Yes, you may find some work that way, which is really tempting short term, while you tell yourself you'll do the real stuff on the side or in the future. "Show the work you want to get" is a lasting truism and if you have chosen to show work other than the purist version of your creative vision then whatever jobs do come in will be based on that work.  There are many shooters who do this exact thing and end up with a middling level of success, stuck on a financial and creative plateau, slowly starting to run out of gas. After a few years they hate their their work and life in general. They are getting divorced or leaving the business or pursuing whatever diversion eases the pain. They are not living the dream. They are not challenging themselves creatively because they did not give themselves permission to be who they are as photographers in the first place. This is the road to being a burned out, bitter hack. Boring.
But by defining what you show based on what you truly are and what you want to do, you create a self-selection process: you are not for everyone. You are different. Be courageous enough to show that you see in a way no one else does.
Art directors that actually get this will hire you. That's a rare thing. That means someone actually values your voice as unique and sees how that can be useful for their magazine, or to sell a product or whatever. And unique is expensive, unique is a brand. It can be a small thing that sets you apart, but it's a different tack nevertheless. You can build on that for a lifetime because you are now being paid to do what gives you great satisfaction. The serious risk is that nobody will grok your special talent. True indeed, yet without this risk there is no great reward, just stasis and keeping your head above the waves while jostling with packs of terrified competitors.
Time and again we see that the dollars always, always follow those who hew closely to that little voice in their brain and heart. Once you truly recognize how short and fragile life really is you understand that this is not a risk at all. If you take yourself and your work seriously it's actually a life or death decision. It really is all or nothing.

THE THREE EPIPHANIES

I'm here to be witness to the fact this approach does work. Although only recently have I been able to put all the pieces together and articulate the principals of my new philosophy, in retrospect there are a few good instinctive decisions I made during my crazy years that formed the foundation, almost by chance, that I continue building on. The first good thing I did was to create what I called my "fuck you" portfolio. Deep down I knew I had ignored my inner voice and creative needs for years. So I put out a book of work that I felt reflected the real me. My career exploded.
Ironically, that new level of success ultimately led to my own burnout, mainly because I stopped thinking about my choices. I allowed myself to move on the momentum, working endlessly. I was unconscious of the underlying forces at play that were undermining me. I had drifted away again from my true voice and was taking on more and more work I hated and pretty soon I was cooked to the point where all the external success was meaningless to me. That's when I began looking in earnest for a better way to live, and out of the blue one day I had my three epiphanies. I happened to be in Paris that day, so I can't discount entirely the geographical cure.

EPIPHANY #1: LEARN TO SAY NO

Once I figured out that my goal was long term, and got back in touch with what I love to shoot, it came to me that I had to say no to anything that didn't fit the plan. Especially the things that I really didn't want to do and which made me ill to even think about doing. This was tough after having come up in newspapers and magazines where you are in the case of the former a team player, and for the latter a freelancer. Saying no goes against the grain of the business of photography. But it's the core principal of being happy as I discovered. Another way to think of it is to view the decision as if this is the last day of your life - how do you want to spend that time?

EPIPHANY #2: LET GO OF FEAR

I had to admit I operated out of fear of financial and creative failure. This meant I never enjoyed any of my success. So I had to learn to embrace that fear, to lean into it, and let it go. This meant being willing to fail. It helps to know that no great success comes without some level of failure. And the beautiful thing about fear is how clarifying it can be: when you suddenly find yourself standing at the edge of the abyss priorities realign pretty quickly. Instead of backing away, the trick is to say, "fuck it" and jump way, way out off the edge into the unknown. Tequila helps.

EPIPHANY #3: BREAK FREE OF CATEGORIES

Third, I had to break free from categories. I realized I'd let myself be defined to a large extent by the business and those who classify us by style, type, market or what have you. I resolved to move beyond categories, to recognize my core was about simply being an artist who uses a camera. Now, If I wake up one day with an assignment to shoot a story on AIDS orphans in Uganda, or the next with a commission to shoot an ad campaign for a car company and the next with a yearning to shoot my son playing his guitar, the category of journalism, commercial or personal work is irrelevant. What is critically important is that I am always tapping into my core beliefs and inspirations, to express a clearly defined vision of my work in whatever genre I happened to be working.
Just to totally go all in on this stuff: I also had to throw in the admission that a lot of the hippie clichés I used to mock back in California were true. You have to find the balance in life, it can't all be work. You have to find time with family and to enjoy small pleasures or life will find a way to re-balance you. Never get too high or low from the vagaries of the business. One day they love you and the next day Fed X loses your film. I find also the principals of Zen very useful, especially learning to enjoy where I am and what I'm doing, staying present and not mentally planning the next thing. And it goes without saying you must constantly challenge yourself creatively to grow as a photographer--a cornerstone principle of longevity as well.
But the creative and life questions are just part of the equation. Once I figured out these issues around my work and how to live my life I suddenly had to devise a new business model to sustain my family for both the short and new long-term plan. What with all the time I took off and the thrill of saying no to a significant amount of work, my income was dropping precipitously. Luckily in my early days I'd been through a money meltdown and learned then, against my will, about how to run and grow a business. I just had to apply what I already knew to support this new vision of my future.
Transcendent Spirit - Doug Menuez
Doug's latest book project follows the inspiring journey of twenty orphans who overcame tremendous
hardships to form a dance troupe and become cultural ambassadors for their troubled country.
menuez.com/transcendentspirit/

A SOLID BUSINESS STRUCTURE TO SURVIVE AND THRIVE

The business side is one area most photographers hate, for good reason, but if they are to create longevity they must understand and apply business fundamentals. You can keep it simple and just be frugal as hell, but it is wiser still to educate yourself to the things they usually don't teach in photo/art/j school. Cash flow management is a good place to start. How many of you read your P&L every month? Your balance sheet? Who knows what their cash position is every day? Some of this stuff was very difficult for me to learn, but it was also liberating as I gained control.
Let's say you've now got the right portfolio that's really you but you still have not inherited the estate or married correctly and bills are piling up. A solid marketing strategy is now required to get the word out. Trade ads in sourcebooks, direct mail, email blasts, word of mouth, shoe leather and getting face time, contests, a blog, all of these and more must be systematically and carefully put in play. That is all pretty basic and most likely you've done all or part of this before with varying degrees of success. Hopefully you have an agent and there is lots of follow up and continued execution of the plan. Plan? What's interesting is how often I find there is no plan behind the marketing. It's completely random for most photographers and usually only one or two of the listed items above applied. What the cliché "it's not brain surgery" means is that this stuff is not so hard, but you do have to get organized, get busy, and get it done in a consistent way. Whoever has a plan and perseveres the longest wins, it's just a fact of life.
Yet all that marketing and portfolio work costs a lot of money. During a creative transition money always gets tight.Doug Menuez photo
So actually marketing is premature, what is needed is a complete business plan, of which marketing is just one key component. With a proper business plan you have thoroughly defined your business, based on your true passion, and in addition, researched your market, competition, and created five-year financial projections. You've written a marketing plan that shows how your "products" and "services" (yes, you will use banker business lingo in your plan, sorry) will stand out because of your unique talents, as well as providing examples of other similar businesses that have succeeded in your chosen market. It also has a complete budget, which ties into your financial projections. The budget tells the story of what will happen and what is possible. Your overall projections show both the costs involved in growing this business and the income. The most critical part of that income is the initial capitalization needed to start the business.
The astounding thing now is that with this well constructed plan based on hard numbers and thoughtful projections you have an excellent chance of getting the money you need to fund your marketing, new camera and computer equipment you need and to provide cash flow for the projected period of time you need before income is rolling in. Prior to this economic meltdown I would have even gone so far as to guarantee it. But even in the throes of this financial disaster, the SBA is still making loans to qualified applicants who do their homework. And you will be surprised to learn there will be plenty of small banks looking for qualified lenders for traditional business loans. True, there will be some months more or years of downturn ahead but there will still be magazines to get out and corporations with products to sell, all needing amazing images. Life will go on and survival will depend on the details of your plan.

So to survive and thrive you must develop your underlying business structure in ways you probably never contemplated before. The exciting thing to me though is how something like making a plan becomes a self-fulfilling prophecy. You start gaining momentum from day one. Because you have now defined your dream you are clear on your goals. That builds your self-confidence and causes others to support you. There are lots of other basic fundamentals of business that most of us practice without realizing it. One important one I always follow is the 80/20 rule, which basically means you get 80 percent of your work from 20 percent of your clients. Repeat business and building long term relationships ties in perfectly with the philosophy of longevity.
Basically, without commerce there is no art, no dream, no longevity. Respect the learning curve.

A DIFFICULT TRUTH

The sad reality is that if you follow all my advice you'll probably fail. Hopefully this won't include starving to death, homeless, under a bridge somewhere. Nevertheless, the odds of success as I'm defining it are astronomical.
Doug Menuez photoAn even starker reality is that if you don't do this you'll fail anyway. You certainly won't ever hit it out of the park and most likely you face a life of increasing disappointment. The truth is that you ignore your own creative needs at your peril. Everyone will eventually go through this painful process of self-examination, catharsis and renewal at some point in their lives, and if they don't they will be living the consequences, unconscious of what's eating them alive, becoming more bitter and unhappy by the day. From what I've seen and experienced it is absolutely imperative to at least try. The safe choices we rationalize away our dreams with are just illusory.
You just have to be willing to fight for your beliefs and your goals and that means some sacrifices will have to be made. Nothing about life is fair but sometimes you can get lucky when you align your actions with your beliefs, and luck favors the prepared photographer every time.
So how to adapt some of my philosophy to the real world of having to pay the bills? A good solution is to use "kaizen", or incremental change. Most big life shifts don't happen overnight of course. But if you work toward balancing your work and life in the direction you desire you will have some measure of immediate relief. Small steps can yield results that are surprising. And you must pair the creative work you do with a solid business strategy - make a plan, seriously.
Mistakes? I've made all of them, probably three times each, and will make some more. I've got the scars on my ass to prove it. Regrets? Aside from any needless offense I may have caused in my youthful inexperience, time away from family, and all the money I blew on cocaine and hookers, my only real regret is that I did not have the maturity to understand the concept of longevity and make better choices when I was younger.
A few tweaks earlier in my career could have saved a lot of angst later on. You don't have to wait for your midlife crisis to deal with these issues. You can examine your choices and start to re-balance how you live now. You have the power to design your life and work around choices that yield longevity. Imagine a lifetime of satisfying creative challenges and the financial structure to support that life. It can happen.
Or, you can just continue living in denial and get on that next flight to wherever. If you choose the latter, I do hope you get upgraded.
Doug Menuez
New York City
October 10, 2008

And this is another article from the same source about the value of Photography, and how misconceived ideas can lead to frustrated and 'skint' individuals

The Value of Photography

by Debra Weiss
OK - so you probably don't want your kids to grow up to be cowboys but according to a New York Magazine article on salaries, you might want them to consider photography. "As soon as my kid is big enough, I'm putting a camera in her hands," a former photographer's agent says. "That's where the money is."
Well - I' m glad that's settled, although I personally know a couple of thousand working photographers who might take issue with the above statement.
According to the article, Bruce Weber, David LaChapelle and Mario Testino make up to one hundred grand a day. Even though the aforementioned are primarily fashion photographers (who also shoot ads) and even if there is only a modicum of truth to those numbers, why is it that they feel entitled to demand those fees and so few advertising photographers do? Have they unleashed a deep dark secret of the universe that up until now has only been revealed to a select few? The answer is really simple - so simple that it will probably cause one to smack his or her forehead and experience a realization equal to "Gee - I could have had a V-8!"
They understand both the real and the perceived value of their work. How's that for anti-climactic? They have figured out that the client can potentially generate millions of dollars from the use of their images. They are able to recognize the importance of positioning so it is not only the image, but the photographer himself that has value.
Right now there are art directors all over who are just chomping at the bit to work with the above mentioned in addition to Annie Leibovitz, Albert Watson, Matthew Rolston, Peggy Sirota and Greg Gorman. And sometimes, one of those photographers might not even be the best choice, or, the art director can hire someone whose work might be similar and would cost a lot less - but they don't. They hire those photographers because they have positioned themselves so well, that to the art director, there is no other choice.

What determines the value of a photograph?

The price of an image should be commensurate with how and where the image is used. When the agency tells you they have no money for photography but the media buy is in the millions of dollars, this is a pretty good indication that someone is being taken advantage of. I have always been in favor of foregoing the creative fee and taking a percentage of the media buy - in certain cases this could make sense and be truly beneficial to the photographer. As of today though, it is more a concept than practical application, so for now, basing value on usage is the most equitable solution. Besides, I've yet to find an agency that would go along with that idea.

How unique is the image?

Most of the time an image that is considered unique will be of greater value. However, (a) to a very large degree uniqueness is subjective, and (b) we've all seen what appear to be very simple photographs used in long running national and sometimes international ad campaigns and that brings us to...

Who's the photographer and how is he/she perceived?

The ones on top can demand huge fees because the buyers believe in their worth and so do the photographers.

How does that positioning thing work? Here are some tips:

1. Learn to say no. It is key in any negotiation. People want what they can't have.
2. Believe in the value of your work. If you don't, no one else will either.
3. The level you go into an agency situation at is the level at which you will stay. If you do a job for a small amount of money and think you will be rewarded with a bigger job the next time around, guess again. When there's a big job to hand out, a big guy gets it.
4. Market yourself and always use a good designer.
5. Hire a consultant. They really can make a difference. But do your research - there are pretenders among us.
6. If you are stuck in a poverty mentality get unstuck. I know that is easier said than done but this will only keep you down. This is a fear driven business - please try not to buy into any more fears than you positively have to.
7. This is a business. Don't try to make everybody like you. Make better images. That way you can walk away with a sense of accomplishment and more money.
OK - now a word about stock. I have always believed that stock should be more expensive than assignment photography. There are tremendous advantages for an agency in using an already existing image. First and foremost there is no risk - they know exactly what they're getting. They don't have to deal with the photographer or the rep and that has to be worth something. In addition, the agency does not have to send an already overworked creative team to a photo shoot. They can stay in their office and be even more overworked, while saving the agency travel expenses.
Again, the uniqueness of an image plays a major role in determining its value; however, too many photographers look upon stock sales as found money. They are not considering the greater value it has to the client. If more people had subscribed to the idea that some stock is not only as valuable as assignment photography but even more so, there might not have been as big a bite taken out of the assignment market as there has been, and, it probably would have been a bit more difficult for Corbis and Getty to reduce the value of imagery to $20.00.
I can't say this enough - please get behind the value of your work and the contribution you are making to the marketplace. No one is doing you any favors when they hire you. Your imagery is vital to the success of the ad. How many magazines do you think would sell without pictures? The clients know the answer to that question and so should you. Photographers have always held the power but only a few have realized it. Maybe that will change. Stranger things have happened. Look who's in the White House...
©2001-2006 Debra Weiss - All rights reserved. Used by permission.
Debra Weiss is a creative consultant based in Los Angeles. She can be reached at 323-650-4300 or via e-mail at dw@debraweiss.com


____________________
Agencies

Getty images are one of the biggest agents of images, and sells for a range of uses including editorial.
http://www.gettyimages.co.uk/EditorialImages

And here is another example of an 'agency' which promotes the editorial work of their member photographers
click here to view


Editorial Layouts
Here are some of the images and sites that I have come across in my research;



















Early Attempts
I have tried to have a very early attempt at Editorial image making, based on a couple of stories in the press, without a brief or a specific media output in mind, just so I could see what kind of thought process I followed.

I read a very short article in a music blog, that commented that music is more varied than ever before but roots are still firmly planted in the past, citing rifts etc from modern pop songs that can be traced back to The Beatles and even before.

My initial idea was to do a modern day take on a classic Beatles album cover, or similar pastiche. As this was only for experimentation purposes, I had to work within the tools and time I had (where willing models are in short supply) so I started to think about Liverpool and iconic recognisable structures.







This evolved into these images





There isn't any negative space in these images so they would have to be stand alone images, however the top image has a dark corner which could be used for placement of a title.

Branding & Magazine Identity
Research about magazine layout, features, identity and how they resonate with target audience.




Editorial Imagery from Aop & Getty
It is worth keeping in mind that the subject within the editorial image could  be anything, and dependant on it's end use, readership/target audience, some images need to be shocking (to differentiate from all the surrounding noise/imagery) or more art like to appeal to the demographic of the reader.
Some images also require a certain level of knowledge or understanding from the viewer as in specialist magazines.


Keywords & Captions 

In the Getty database, you can see example of caption within the metadata and keywords, to help identify suitability and subject matter of images for editors.




Key wording and image transfer
Here are some guides for keywords and captions from an agency who markets & buys stock





Ongoing inspiration
Because I am more drawn to fine art, it is important for me to stay in touch with the work that is available through galleries and how it can influence my commercial & editorial work.
Here are some exhibitions I am currently interested in  and that I regularly receive updates from.

Michael Wolf at Flowers Gallery

 Elina Brotherus at The Wapping Project


Margarita Gluzberg at paradise Row

Annie Leibovitz at Hamiltons


Pricing

An interesting article surrounding pricing jobs taken from A Photo Editor Blog
This blog on the whole contains a lot of interesting information from first hand experiences.



Business Issues
As we learned in previous modules, it is important to make sure that work is carried out legally and in a safe environment; this also includes protecting such things as copyright, integrity of finished image, credit rights, payment etc.
We have covered these in previous modules and submissions but to recap, here are some articles and websites I found useful.

Middlesex University resource regarding copyright of all media
Click here to view website


BJP article about Orphan Images
Click here to view article

Nesta resources for creative business start ups
Click here to view

AOP dowload-able forms, for model release, contracts, invoices, terms and conditions etc
AOP Downloads


Inspiring Editorial Work


Greg Powers



Ewen Weatherspoon




Bobby Sager



Not editorial, but work I like

Klaus Kampert

Marc Stanes








Legal & Moral Implications

The Press Complaints Commission (information from their website)
The PCC is an independent self-regulatory body which deals with complaints about 
the editorial content of newspapers and magazines (and their websites). We keep 
industry standards high by training journalists and editors, and work pro-actively 
behind the scenes to prevent harassment and media intrusion. We can provide 
pre-publication advice to journalists and the public and have published advice on 
dealing with media attention after a death. 

THE EDITORS' CODE
All members of the press have a duty to maintain the highest professional standards. The Code, which includes this preamble and the public interest exceptions below, sets the benchmark for those ethical standards, protecting both the rights of the individual and the public's right to know. It is the cornerstone of the system of self-regulation to which the industry has made a binding commitment.
It is essential that an agreed code be honoured not only to the letter but in the full spirit. It should not be interpreted so narrowly as to compromise its commitment to respect the rights of the individual, nor so broadly that it constitutes an unnecessary interference with freedom of expression or prevents publication in the public interest.
It is the responsibility of editors and publishers to apply the Code to editorial material in both printed and online versions of publications. They should take care to ensure it is observed rigorously by all editorial staff and external contributors, including non-journalists, in printed and online versions of publications.

Editors should co-operate swiftly with the Press Complaints Commission in the resolution of complaints. Any publication judged to have breached the Code must publish the adjudication in full and with due prominence agreed by the Commission's Director, including headline reference to the PCC.

Accuracy
i) The Press must take care not to publish inaccurate, misleading or distorted information, including pictures.
ii) A significant inaccuracy, misleading statement or distortion once recognised must be corrected, promptly and with due prominence, and - where appropriate - an apology published. In cases involving the Commission, prominence should be agreed with the PCC in advance.
iii) The Press, whilst free to be partisan, must distinguish clearly between comment, conjecture and fact.
iv) A publication must report fairly and accurately the outcome of an action for defamation to which it has been a party, unless an agreed settlement states otherwise, or an agreed statement is published.


Opportunity to reply
A fair opportunity for reply to inaccuracies must be given when reasonably called for.


*Privacy
i) Everyone is entitled to respect for his or her private and family life, home, health and correspondence, including digital communications.
ii) Editors will be expected to justify intrusions into any individual's private life without consent. Account will be taken of the complainant's own public disclosures of information.
iii) It is unacceptable to photograph individuals in private places without their consent.
Note - Private places are public or private property where there is a reasonable expectation of privacy.


*Harassment
i) Journalists must not engage in intimidation, harassment or persistent pursuit.
ii) They must not persist in questioning, telephoning, pursuing or photographing individuals once asked to desist; nor remain on their property when asked to leave and must not follow them. If requested, they must identify themselves and whom they represent.
iii) Editors must ensure these principles are observed by those working for them and take care not to use non-compliant material from other sources.


Intrusion into grief or shock
i) In cases involving personal grief or shock, enquiries and approaches must be made with sympathy and discretion and publication handled sensitively. This should not restrict the right to report legal proceedings, such as inquests.
*ii) When reporting suicide, care should be taken to avoid excessive detail about the method used.


*Children
i) Young people should be free to complete their time at school without unnecessary intrusion.
ii) A child under 16 must not be interviewed or photographed on issues involving their own or another child’s welfare unless a custodial parent or similarly responsible adult consents.
iii) Pupils must not be approached or photographed at school without the permission of the school authorities.
iv) Minors must not be paid for material involving children’s welfare, nor parents or guardians for material about their children or wards, unless it is clearly in the child's interest.
v) Editors must not use the fame, notoriety or position of a parent or guardian as sole justification for publishing details of a child’s private life.


*Children in sex cases
1. The press must not, even if legally free to do so, identify children under 16 who are victims or witnesses in cases involving sex offences.
2. In any press report of a case involving a sexual offence against a child -
i) The child must not be identified.
ii) The adult may be identified.
iii) The word "incest" must not be used where a child victim might be identified.
iv) Care must be taken that nothing in the report implies the relationship between the accused and the child.


*Hospitals
i) Journalists must identify themselves and obtain permission from a responsible executive before entering non-public areas of hospitals or similar institutions to pursue enquiries.

ii) The restrictions on intruding into privacy are particularly relevant to enquiries about individuals in hospitals or similar institutions.


*Reporting of Crime
(i) Relatives or friends of persons convicted or accused of crime should not generally be identified without their consent, unless they are genuinely relevant to the story.
(ii) Particular regard should be paid to the potentially vulnerable position of children who witness, or are victims of, crime. This should not restrict the right to report legal proceedings.


*Clandestine devices and subterfuge
i) The press must not seek to obtain or publish material acquired by using hidden cameras or clandestine listening devices; or by intercepting private or mobile telephone calls, messages or emails; or by the unauthorised removal of documents or photographs; or by accessing digitally-held private information without consent.
ii) Engaging in misrepresentation or subterfuge, including by agents or intermediaries, can generally be justified only in the public interest and then only when the material cannot be obtained by other means.


Victims of sexual assault
The press must not identify victims of sexual assault or publish material likely to contribute to such identification unless there is adequate justification and they are legally free to do so.


Discrimination
i) The press must avoid prejudicial or pejorative reference to an individual's race, colour, religion, gender, sexual orientation or to any physical or mental illness or disability.
ii) Details of an individual's race, colour, religion, sexual orientation, physical or mental illness or disability must be avoided unless genuinely relevant to the story.


Financial journalism
i) Even where the law does not prohibit it, journalists must not use for their own profit financial information they receive in advance of its general publication, nor should they pass such information to others.
ii) They must not write about shares or securities in whose performance they know that they or their close families have a significant financial interest without disclosing the interest to the editor or financial editor.
iii) They must not buy or sell, either directly or through nominees or agents, shares or securities about which they have written recently or about which they intend to write in the near future.


Confidential sources
Journalists have a moral obligation to protect confidential sources of information.


Witness payments in criminal trials
i) No payment or offer of payment to a witness - or any person who may reasonably be expected to be called as a witness - should be made in any case once proceedings are active as defined by the Contempt of Court Act 1981.
This prohibition lasts until the suspect has been freed unconditionally by police without charge or bail or the proceedings are otherwise discontinued; or has entered a guilty plea to the court; or, in the event of a not guilty plea, the court has announced its verdict.
*ii) Where proceedings are not yet active but are likely and foreseeable, editors must not make or offer payment to any person who may reasonably be expected to be called as a witness, unless the information concerned ought demonstrably to be published in the public interest and there is an over-riding need to make or promise payment for this to be done; and all reasonable steps have been taken to ensure no financial dealings influence the evidence those witnesses give. In no circumstances should such payment be conditional on the outcome of a trial.
*iii) Any payment or offer of payment made to a person later cited to give evidence in proceedings must be disclosed to the prosecution and defence. The witness must be advised of this requirement.


*Payment to criminals
i) Payment or offers of payment for stories, pictures or information, which seek to exploit a particular crime or to glorify or glamorise crime in general, must not be made directly or via agents to convicted or confessed criminals or to their associates – who may include family, friends and colleagues.
ii) Editors invoking the public interest to justify payment or offers would need to demonstrate that there was good reason to believe the public interest would be served. If, despite payment, no public interest emerged, then the material should not be published.








EPUK (information from their website)

The major points of UK copyright legislation
Photographers are now in the same position as all other authors, ie, the person who creates the photograph is the author of it.


Authorship
However this does not apply to employed photographers for work created in the course of their employment and it should also be remembered that `person’ includes the idea of a `legal person’, ie, a company or organisation.
This can, and does cause problems when trying to identify the rightful owner of `extended’ or `revived’ copyright. `Extended’ and `revived’ copyright are new terms written into UK law as the result of agreement within the European Union that copyright legislation is economically and culturally important enough to need a common approach across all the member states.
In order to achieve this common approach the duration of existing copyright protection periods have been extended and, most unusually, copyright protection periods which have expired have been revived to give a period of protection equivalent to the new minimum standard of 70 years after the death of the author. In parallel with this, the new legislation sets out how to decide ownership since ownership and authorship of copyright often rest in different hands. The detail is discussed below.
Ownership of copyright
In general, the author of the work is the first owner of any copyright in it, so photographers now have the first ownership of copyright in their work whether it was commissioned or not.
Ownership of the new ‘extended’ copyright is as follows:
The person who was the owner of the copyright immediately before January 1st 1996 is the owner of the extended copyright, unless they owned it for less than the full term of copyright, in which case the extended copyright goes to the person entitled to the copyright after the intitial owner’s term has expired. This date at the beginning of a year is there simply to give legal certainty to the changes and to avoid the need in the majority of cases to make messy calculations over duration. Nevertheless, specialist legal advice may be needed to clarify ownership when the need arises because the legislation does contain other dates which may be relevant for particular purposes or territories.
Ownership of the new ‘revived’ copyright is as follows:
The person who was the owner of the copyright immediately before expiry reacquires it. If that person died before January 1st 1996 (or, in the case of a legal person such as a company, ceased to exist) the copyright reverts to the author, or the administrator of the author’s estate if the author is also dead. The `author’ for these purposes is always the person who created the photograph (notwithstanding different definitions of authorship in the 1911 and 1956 Copyright Acts). If there is no administrator the copyright passes to the UK government.
Specialist legal advice may be needed to clarify the situation because of the changing provisions as to first ownership of copyright since 1862. Copyright frequently belonged under pre-1988 legislation to the owner of the negative or the commissioner of the photograph. Other complications such as bankruptcy, insolvent companies and the like may cloud the issue and will also require such specialist advice if the situation warrants it.
Copyright can be assigned to another person but only if the photographer agrees. An assignment of copyright should be in writing signed by or on behalf of the assignor but a verbal or contractual agreement will often, in practice, be equally effective. Assignments of copyright in all future work created for a client, should not be agreed because this is rarely in the best interests of the photographer. Each commission should be negotiated separately. The circumstances of one job will be different from another. It may be preferable to retain control of material from one session but not from another for the same client.
Employed photographers
Employed photographers do not own copyright in work created `in the course of their employment’ unless they have an agreement to the contrary.
A good yardstick for defining `employed’ in the UK is if an employer pays PAYE and National Insurance, but this is not conclusive. Work on a freelance basis does not constitute being `employed’. Photographers working freelance on a six month contract or a residency will normally be required to sign a contract of employment. They should instead sign a contract for services, preferably one which has been drawn up on professional advice and which deals fairly with the interests of all parties.
Ownership of copyright in photographs taken by employed photographers is a grey area and the issue should be properly addressed by employers and employees, both of whom should be clear where they want to stand at the end of this!
It should also be remembered that photographers who form themselves into a limited liability company can also be employees and that copyright will belong to the company ( and may therefore be lost in the event of receivership or liquidation unless copyright has been retained by the photographer). This issue should be sorted out on the formation of the company, but can be done at any time and should always be done with good legal advice.
Computer-generated works
A new feature in the 1988 Act was the provision from August 1 1989 for ‘work that is generated by computer in circumstances such that there is no human author of the work’ with copyright expiry 50 years from the end of the calendar year in which the work is made. Having ruled out human authorship and copyright expiry based on the usual author’s life plus so many years, by sleight of hand the Act proceeds to say the author of this kind of work is taken to be the ‘person by whom the arrangements necessary for the creation of the work are undertaken’; a formula which allows assertion of the moral right against ‘false attribution’ but excludes the `integrity’ or ‘paternity’ moral rights for obvious reasons. (See the section on Moral Rights for an explanation of these rights).
This provision has yet to be tested in the courts and would appear to apply mostly to scientific, technical and remote surveillance photography where exposure timing and frequency, focus and tracking, etc, are all computer controlled. It goes without saying that this section of the Act does not create this novel kind of copyright ownership for such things as automatic copying or manipulation of photographs or film, artistic works of all kinds and other works of ‘artistic craftsmanship’ which of course, may have their own copyright which will require to be cleared before any such copying is undertaken.
Duration of copyright protection from August 1 1989
The duration of copyright in photographs taken on or after August 1 1989 whose country of origin is a European Economic Area state or which are taken by a national of an EFA state is now the same as for all other artistic works – 70 years from the end of the year in which the author dies.
Photographs by a national of a non-EEA state whose country of origin is not an EEA state have a duration which is that granted in their country of origin up to a maximum of life plus 70 years. ‘Country of origin’ is a new concept which has been introduced to distinguish between EEA originated works and those which are not. ‘Country of origin’ has a complex definition which can involve determining the author’s nationality, or the date of creation of the photograph, or the date and place of first publication in order to arrive at the actual duration of protection. In any event duration in the UK will not exceed life plus 70 years.
For works of joint authorship, the duration of copyright is 70 years from the end of the year of the death of the last surviving author, provided that at least one of the authors was a national of an EEA state or the photograph’s country of origin is an EEA state. For other photographs duration is that granted by their ‘country of origin’ up to a maximum of life plus 70 years.
Again, although this change happened from January 1 1996 in response to the EU copyright harmonisation measures it applies equally to all photographs taken from August 1 1989. The 50 year period of protection introduced by the 1988 Act has been superseded. Apart from photographs subject to Parliament, international organisations or non-EEA copyright there are now no photographs taken in the period August 1 1989 to January 11996 to which the 50 year rule applies.
For works taken by unknown photographers duration of copyright is now 70 years from the end of the year in which the photograph was first made available to the public (whether published, exhibited, shown in a film or broadcast) provided this takes place within 70 years from the end of the year in which the photograph was taken. If not made available to the public copyright expires 70 years from the end of the year in which the photograph was taken.
If the photograph carries a pseudonym as credit, or there is no credit at all the author will be considered unknown if actual identity cannot be ascertained by `reasonable enquiry’.
Photographs which are subject to Crown copyright have different rules. Crown copyright in the UK now lasts for a maximum of 125 years from the end of the year in which the photograph was taken. If the photograph is commercially published within 75 years of the end of the year in which it was taken, copyright lasts for 50 years from the end of the year of publication. In other countries where Crown copyright also exists, eg, Australia, Canada, etc, but its duration is controlled by the legislation of their independent parliaments, duration is still only 50 years from making or publication. When Parliament or certain international organisations (like the UN, Interpol, etc) are the copyright owners, it will usually be for 50 years from the end of the year in which the photograph was taken.
Duration of copyright protection before August 1 1989
It is important to remember that the provisions of the Acts dealing with copyright of 1862, 1911 and 1956 were each carried over by the superseding Act up to the 1988 Act and still apply to photographs taken before the commencement of the 1988 Act on August 1 1989. Add to this the EU harmonisation measures and it will be well into the next century before the cumulative effects become history. The 1911 Act (which came into force on July 1 1912) granted copyright protection in a photograph for 50 years from the end of the year in which the negative was made, replacing the 7 year period of protection for unpublished works or 42 years from date of first publication granted by the 1862 Act. `Authorship’ was placed in the hands of whoever owned the original negative at the time the picture was taken, not necessarily the person who took the photograph. If the photograph was commissioned the copyright belonged to the commissioner unless otherwise agreed.
The 1956 Act (which came into force on June 1 1957) granted copyright protection in a photograph for 50 years from the end of the year of first publication and also gave perpetual copyright to unpublished photographs taken from the commencement of the Act. ‘Published’ meant ( and still does) issuing reproductions of a work to the public. A photograph exhibited in an exhibition was not ‘published’ but a printed version in the catalogue of the same exhibition would have been. It did not include a contact sheet or supplies of unpublished prints stored for possible use but never issued to the public. Again, ownership of the film when the picture was taken determined authorship and, unless otherwise agreed, the commissioner was the owner of copyright.
The 1956 Act, whilst creating perpetual copyright in unpublished photographs taken on or after June 1 1957, limited copyright protection to 50 years for all photographs (including those subject to Crown copyright) taken before this date. The 1988 Act removed perpetual copyright for all photographs (again, including those subject to Crown copyright) taken from June 1 1957, so photographs made but not published during the period from June 1 1957 to July 31 1989 will remain in copyright until at least midnight on December 31 2039. The EU harmonisation measures which came into effect from January 1 1996 extend the period of protection to 70 years from the end of the year in which the author of the photograph died, provided the author was a national of a Member State of the European Economic Area or the `country of origin’ of the photograph was such a state. Photographs subject to Crown or international organisations copyright are unaffected by this change.
Photographs taken before June 1 1957 receive similar treatment, so duration is now life of the author (or last surviving author) plus 70 years for a national of a Member State of the European Economic Area or a photograph whose `country of origin’ is in an EEA state, provided the work was in copyright in one member state on July 1 1995. If Crown or international organisations copyright applies duration remains 50 years from the end of the year in which made.
No revival takes place for a national of a non-EEA state where the `country of origin’ is also a non-EEA state, but their photographs are protected to the extent they were protected by the author’s `country of origin’, again up to a maximum of life plus 70 years or the end of 2039, whichever is the later.
Unpublished photographs by unknown photographers of any date prior to August 1 1989 (Where neither Crown nor international organisations copyright applies) have protection for 70 years from the end of the year in which they were made. If made available to the public during this time the period of protection is either 70 years from the end of year when it was first made available, or the end of 2039, whichever is the later.
Published photographs of any date prior to August 1 1989 by unknown photographers are now protected either for 70 years from the end of the year in which the photograph was made, or 70 years from the end of the year in which it was first made available to the public, or the end of 2039, whichever is the later. Where Crown or international organisations copyright applies, duration is never less than 50 years from the end of the year in which they were published.
Again, for a national of a non-EEA state where the `country of origin’ is also a non-EEA state, protection is that given by their `country of origin’ up to a maximum of life plus 70 years or the end of 2039, whichever is the later.
These changes are due to the principle of equal treatment throughout the Member States of the European Union and the uncertainty over the length of the `revived’ copyright is due to the fact that this is governed by the longest period of protection granted by one of the Member States of the European Economic Area.
Whatever the period of protection a work subject to `revived’ rights can be used by anyone within the EEA without the permission of the copyright owner. Provided a notice of `intent to use’ is served on the copyright owner and the user is prepared to pay a `reasonable royalty or other remuneration’ the owner of a work subject to `revived’ copyright cannot say no to an intended use. What is reasonable in any particular circumstances may be determined by the Copyright Tribunal (administered by The Patent Office) in the absence of agreement between copyright owner and user. Once again this is a matter for specialist legal advice in the light of particular circumstances, especially as, in some cases, `revived’ copyright works may be administered by a collecting society and then the `reasonable royalty or other remuneration’ provisions do not apply. For those needing further details on this now complex area of copyright legislation:

The Copyright Directorate
The Patent Office
25 Southampton Buildings
LONDON
WC2A lAY 
Tel: 020 7438 4777
Website http://www.patent.gov.uk

or

Design and Artists Copyright Society Ltd (DACS)
Parchment House
13 Northburgh Street
LONDON
EC1V 0JP
Tel: 020 7336 8811

can provide additional information. (See also the `Existing copies of `revived’ copyright photographs’ and `Limited companies and lapsed organisations’ in the section on `Frequent problems’ later in this publication.)
Moral Rights
These are rights which remain with the author of a photograph, irrespective of what happens to the copyright. They were introduced by the 1988 Act and apply to all photographs protected by copyright. They cannot be assigned in the way copyright can be assigned. On the death of someone holding the moral rights which are explained in the following sections, the rights pass to the person the author has nominated in their will. If there is no will, or the will does not mention the subject, the rights are enforceable by the person who inherits the copyright in the photographs or, if the copyright does not form part of the estate, the author’s personal representatives. There are three basic rights for photographers and a right of privacy for commissioners of photographs as follows:
Objection to false attribution
This is the right of all photographers (and of anyone else, for that matter) not to have a work falsely attributed to them. It is an automatic right, does not have to be asserted in writing and applies to all photographers whether employed or not and for whatever purpose the work was made. Unlike the other moral rights this one expires 20 years after the death of the photographer. This is one of the reasons photographers should be very careful about bequests. Their heirs should be those that can be trusted to protect their rights. The good reasons for making a will are explained later in this publication and should be read with care.
Safeguarding of privacy in work commissioned for private and domestic purposes
This is a right which belongs to the client and was devised to protect the privacy of those who commissioned the services of a photographer to record weddings, graduation portraits, momentous and personal family gatherings and may also include the recording of medical conditions. The 1988 Act removed copyright in commissioned work from the commissioner and handed it to the photographer, leaving the commissioner exposed to possible publication of private photographs and exploitation by unscrupulous photographers. The photographer now owns the copyright but cannot publish, exhibit or broadcast the photographs without the permission of the commissioner. The photographer may not display prints in a shop window or use them in a portfolio and certainly cannot use them for financial gain should the subject of the photographs become newsworthy. This right does not apply to any photographs taken before August 1 1989. (see ‘privacy’ in the section on ‘Frequent problems’ later in this publication)
Objection to derogatory treatment of a work (integrity right)
This right allows objection by photographers or their heirs to having their work treated in a manner which amounts to distortion or mutilation or is otherwise damaging to their `honour or reputation’. Such distortion or mutilation could include manual or digital manipulation, cropping, masking, colorisation, `comping’ (assembly into a composite image), morphing, retouching – anything in fact from moving an inconveniently placed Pyramid to distorting the anatomy of a normally endowed model to ensure that she looks like every other Page 3 girl. If the result is damaging to the reputation of the author, an objection may be lodged. This is an automatic right and there is no need to assert it in order to acquire the right. This right is not generally available to employed photographers except in particular circumstances. Nor does the right to object apply to photographs taken for reporting current events, or, in most cases, for publication in newspapers or magazines or for use in collective reference works such as encyclopaedias. The right does not apply to `anything done for the purpose of avoiding the commission of an offence’. This could include offences under prohibited sexual activity, indecency, obscenity, race relations, data or child protection, judicial proceedings, official secrecy, public order or emergency powers legislation.
Authorship acknowledgement (paternity right)
The creator of a photographic image now has what has been called the `paternity’ right to have a reasonably prominent credit whenever a work is commercially published, exhibited in public, broadcast, or included in a film shown in public or issued to the public. This is not an automatic right and must be asserted in writing.
If the assertion is included in a document assigning copyright to someone else, the right can be enforced against that person and anyone else to whom the copyright is subsequently assigned or licensed. If the assertion is in some other document, in a letter for instance, signed by the author, the right can only be enforced against those who have been notified. Paperwork and photographs rarely stay together and it may be difficult to assert rights if photographs and documents are in the hands of someone with no brief to keep them together. When photographs are published in a book, it is advisable to have a notice that these rights have been asserted by the photographer along with the other copyright details so giving protection to the interests of all concerned. Where the photographer is identified on prints, mounts, frames or anything else to which photographs are attached, the right to a credit will generally apply whenever photographs are exhibited in public, whether or not the identification is still present or visible.
The right does not generally apply to employees for work done in the course of their employment, although again there are exceptions to this. Nor, oddly enough, does it apply to photographs taken for the purposes of reporting current events or, in most cases, for publication in newspapers, magazines or periodicals, or in collective reference works. However, it has always been the general practice, often provided for by contract, for acknowledgements to be given in editorial contexts and the practice still continues. This will generally give photographers contractual rights even if they have no moral right to a credit. Most publications are content to credit their contributing photographers. It ensures a ready supply of material from sources who might be reluctant to cooperate without a printed acknowledgement and such acknowledgements can enhance the reputation of the publication.
Anyone acting on behalf of a photographer such as an agent, picture library, archive or museum, should ensure that the author’s assertion of `paternity’ rights is notified to all potential users of the photographer’s material. The photographer might be able to sue for negligence if there was a failure to take steps to get this right observed by users.
Publication right
This new right came into effect on December 1 1996. It is a new property right equivalent to copyright which gives protection for 25 years from the end of the year of publication to the individual or legal person who publishes a photograph which has never been previously published, whose copyright has expired and whose copyright was not Crown or Parliamentary copyright. The right only applies if the publisher, (or at least one of them, in the case of a joint publication) is a national of an EEA state and first publication also takes place within the EEA. The right only comes into being if the owner of the physical object, be it negative or print, etc, agrees to the publication. The right works in the same way as normal copyright. Publication is defined as including any communication to the public, not merely issuing copies to the public.





Orphan Images
From AOP website

Digital Economy Bill - Report Stage briefing
General
The AOP remains supportive of the principles behind the Bill and believes it is an important step in carrying forward the Digital Agenda. However, we are still concerned with the far reaching effects of clause 42 and do not believe the amendments put forward by the Government, and accepted by the House, address the problems fully.

We understand that Orphan Works legislation is inevitable, and indeed necessary, to ensure that works which cannot be traced back to their rightful owners can be made available. This availability, however, should only be to allow works in the collections of cultural institutions to be made available to view, thus ensuring that creative works can be enjoyed and our rich history preserved.

We still firmly believe that Moral Rights need to be addressed before, or at the same time as any Orphan Works legislation, in particular the Attribution Right

The requirement to assert the moral right to attribution is contrary to the understanding of moral rights and is likely to deprive the author of the benefit the right is intended to provide. As a moral right, the right of attribution is a personal right that cannot be assigned. To require its assertion by law is therefore contrary to its nature, it either exists or not. Additionally, the Berne Convention provides that the enjoyment and exercise of the author’s rights shall not be subject to any formality (Article 5.2) – the need to assert the right is a formality.

The attribution right is of major importance to photographers in respect of:
•    protecting their work against misappropriation, particularly on the internet
•    receiving remuneration for re-use of their works by third parties
•    receiving additional remuneration from re-sales under the Artists Resale Right
•    preventing their work becoming orphaned
•    distributing their works under their name to build their reputation
•    loss of commissions from possible new clients unable to contact creators

An informal consultation by the Intellectual Property Office was undertaken in August 2009, and we would ask that Orphan Works legislation for photographers not be introduced before the investigation into Moral Rights is completed.

Specific areas of concern

Section 116A 
•    The Bill should only allow Orphan Works to be used by cultural institutions for educational and cultural purposes, and not made available for any commercial organization to profit from. 
•    Only an authorised licensing body, owned or controlled by rights holders of the class of work being licensed and therefore fairly representing them, should be allowed to licence orphan works – not “other bodies” which could allow self-licensing. 
•    Bona Vacantia is not the right way to treat monies that cannot be distributed to authors, the money would be best used in educating and encouraging young creators.

Section 116B
•    Extended Licensing schemes will severely undermine the primary licensing which happens now between photographers and their clients.  Licensing of photography is not “complex and time consuming” and does not need “simplifying”. Exclusive licences are agreed at commissioning stage; photographic libraries license works on behalf of photographers for the specific purpose the client needs. Additionally, there are often contractual rights associated with the image – for example, if models are featured in the image, the photographer and client are under contract as to how the work can be used. Wedding and social photographs are covered by the Moral Right to Privacy, where the image cannot be published without permission of the person who commissioned the work.
•    Currently, collecting societies (DACS through the CLA) collectively license for works which are photocopied, this is secondary licensing and an area which cannot be controlled by the rights holder but gives those who need to, or allow others to, photocopy or scan the work, a licence to do so. Monies collected this way are distributed between publishers, authors and visual artists. EVA collectively licence in the educational field. 
•    To allow primary licensing to be taken out of the hands of the copyright owner, without their explicit permission, undermines the essence of copyright and removes the copyright owner’s exclusive control.  Leaving copyright owners the right to opt–out to secondary legislation is not a sufficient safeguard, the right to opt-in should be enshrined in the primary legislation.
•    Extended collective licensing, which allows primary licensing of images without the option to opt-in, is not necessary for photographic or illustrative works. 

Section 116C

The registry of Orphan Works creates problems for photographers for a number of reasons:
•    Photographers create thousands of individual images, will each image (if presumed orphaned) have to be recreated on this registry and photographers expected to check daily to see if any of their work is shown?  
•    An online registry of supposed orphan images will create a resource for anyone looking to use images for free.

•    A diligent search, not a “reasonable” search, should be mandatory before any creative work is classed as orphaned.  This was debated at length, and agreed during the i2010 discussions on orphan works in Brussels.
•    There is still no proper definition of an Orphan Work – the one given does not conform to the EU definition from the i2010 High Level Expert Group discussions 


February 25, 2010

Contact Information

Gwen Thomas
The Association of Photographers Ltd



Photo Captioning 

by the Editor

From ShutterBuzz for stock image contributors.





Creating the Perfect Editorial Caption






You have a great editorial image/footage clip but it’s been rejected for its caption?  What’s up with that!?
For newsworthy content to have any long-term value, it must include a proper Editorial Caption that identifies the important aspects of the image/footage clip.  The easiest way to check  your  caption is to make sure it has the following qualifiers:  Who, What, Where and When.

Simply examine your image and describe what’s  going on.  Shutterstock has a 200 character limit on captions so please be ConciseFactual, and remember:  Accuracy is  important.

To make it easier for editors to search and correctly identify Shutterstock images, we require the following standard editorial format for captions:
CITY, STATE/COUNTRY – MONTH DAY: Factual description of the image content
on [date] in [location].  Qualifying newsworthy second sentence (if necessary).

Dateline:
The dateline is very important because it allows editors to quickly scan through image titles for the date and location they need. Therefore, the dateline must be in an exact format, and in all CAPITAL LETTERS.
• If the city is large or well-known, such as MOSCOW, it is not necessary to include the country in the dateline or description. Please see the bottom of this article for a comprehensive list of standalone cities.
• If the exact date is unknown or does not apply, please provide as much information as available, and replace unknown information in both the dateline and description with CIRCA.

First Sentence:
Look at your photograph. Describe what is going on in the image. Here, include the necessary factual information which directly describes the depicted scene. If the photo depicts people, start by identifying the subject(s) with the person’s/people’s name(s), and describe what they are doing. Be sure to describe the action in the active present tense. End the first sentence with the date, followed by the location.
People:
• Sports and Celebrity images should ALWAYS include the name of the person depicted.
• Human interest photos – if the name of the subject is not available, simply write “unidentified” in your caption. For example, “An unidentified woman sells vegetables…”
• Children – due to the sensitive nature of photographing children, provide the name, age, and general area of residence for all children in editorial photographs. If this information cannot be obtained and the photo is particularly newsworthy, we will consider approval, provided the description is factually accurate, and states “an unidentified child” .
Action:
• Always describe actions in the active present tense.

Second Sentence:
Sometimes a second sentence is not necessary . However, if the first sentence is not enough to fully describe the photograph, use a second sentence. Ask yourself: why is this newsworthy? Remember, all photos of famous landmarks or cities can be newsworthy, even if they are not taken during a particular event. You simply need to find the news angle .

Image Manipulation:
Editorial images should never be digitally altered. Scaling and cropping slightly is acceptable (sometimes you must crop a newsworthy editorial image), but you should never add or remove elements to make an image sell more, such as adding smoke at a protest or removing background elements.
What you could do simply in a darkroom is generally acceptable with Photoshop. However, changing key elements of the image to your advantage is not ethical. The best editorial image is the full frame image. If you must crop it, the “message” of the image must not change at all.  It is of utmost importance to maintain the editorial integrity of the image in every way
.

File Transfer
from Processor magazine

Supercharge File Transfers 
Ipswitch’s Enterprise-Class WS_FTP Server 7.5 Focuses On Data Security & Easy Management 
The transfer of sensitive data files, often comprising elements such as health records, credit card transactions, and other similar confidential information, is a commonplace occurrence. The truth is that file transfers, both internal and external, are a core component of virtually all corporate data processing operations. If not correctly implemented, however, such transfers can leave a company teetering on the edge of disaster should data confidentiality be violated. 

In order to establish proper controls and mitigate the loss of sensitive data, technology professionals face an assortment of necessary—but sometimes daunting—regulations and requirements such as HIPAA and Sarbanes-Oxley. 

“Today’s business environment of data breaches, regulatory compliance, and corporate governance requirements [is] forcing organizations to re-evaluate how they manage and move company information, both inside the organization amongst employees as well as externally with partners, vendors, and even customers,” says Gary Shottes, president of Ipswitch’s File Transfer division (www.ipswitchft.com). “It seems that every week, we are reading about another high-profile data breach that happened—data breaches that often could have been avoided if proper tools had been deployed.” 

As a result, server administrators are challenged with addressing these necessary safeguards while still providing both functional and user-friendly file transfer services within the enterprise. 

To help server administrators overcome these challenges more easily and safely in today’s demanding technological environments, Ipswitch has released the latest iteration of its well-established file transfer suite. Known collectively as WS_FTP Server 7.5, this latest version is available in three different flavors offering escalating levels of capabilities: WS_FTP Server, WS_FTP Server with SSH, and WS_FTP Server Corporate. 

 Security Is Key 

WS_FTP Server supports a litany of security protocols, including 256-bit AES encryption over SSL, SSH, and SCP2 as well as file integrity checking up to SHA-512. Digital certificate management is also supported. In addition, WS_FTP Server’s anti-hammering feature lets administrators identify, log, and block failed logon attempts that often herald a DoS or DDoS attack. 

“WS_FTP Server features the highest levels of encryption and data integrity strength possible,” Shottes says. “It also uses FIPS 140-2 validated cryptography as required for use by the U.S. government. Many competing solutions utilize weaker encryption and lack many of the security capabilities of WS_FTP Server.” 

The WS_FTP Server lineup features a potent rules engine that allows administrators to automatically trigger email, SMS, and pager alerts and launch external programs. Administrators can easily create rules for event-driven notifications and automation based on failed user logon attempts or server events such as creating a directory, exceeding quota, or uploading a file. 

Administrative actions and actions related to storage and transfer of files are logged for monitoring and auditing. WS_FTP Server compiles a detailed record of administrator and end-user activity, including who connected to the server, what was transferred, and when. Administrators may control the level of logging detail and may filter, sort, and export logs for customized reporting. 

WS_FTP Server supports both Microsoft SQL Server and Microsoft SQL Server Express as well as Ipswitch’s own embedded WS_FTP Server database. In addition, administrators can use the default WS_FTP Server Web server or integrate with Microsoft IIS (Internet Information Services). Silent installation enables speedy and automated deployment on multiple servers. 

 Extending WS_FTP 

WS_FTP Server provides three different end-user client options for transferring files and critical information. 

Ipswitch’s Ad Hoc Transfer module enables convenient person-to-person file sharing using a Web browser or Microsoft Outlook plug-in. “IT departments not only need to enable person-to-server and system-to-system data transfers, but they must also enable employees to quickly and securely share files with each other and with people outside of the company,” Shottes says. “Our Ad Hoc Transfer module enables simple and fast file sharing.” 

The Web Transfer module enables users to transfer files between their computers and WS_FTP Server using a Web browser. 

WS_FTP Professional provides power users with advanced security and time-saving productivity tools, such as synchronization, backup, compression, post-transfer events, and scheduling of transfers. 

 The Evolution Of File Transfer 

“When people first think about ‘file transfer,’ they often only think about the actual transport of files and data,” Shottes says. “Other important considerations include user authentication and provisioning, policy enforcement of server access, user bandwidth, security and encryption, and visibility into server logs for reports and audits.” Shottes adds that both internal and external file transfers should be considered when developing plans and allocating resources. 

With security and compliance of company data being such hot topics these days, Shottes contends that many enterprises are accelerating the deployment of a proven secure file transfer solution. “Many organizations are still using in-house custom-coded FTP solutions that are now outdated,” says Shottes. “The biggest problems we hear about are that the programs developers brought online years ago are not secure, not automated, and are becoming increasingly difficult to maintain, as in most cases, the original developer is no longer with the organization.” 

Shottes says file transfer methodologies have progressed in direct correlation to the latest business requirements. “Encrypted file transfer protocols such as FTPS, SFTP, and HTTPS have replaced unencrypted FTP,” Shottes says. “Scheduling and automation capabilities are freeing people from recurring manual tasks. And advanced management, security, and audit capabilities are enabling IT organizations to protect company data and enforce rules and policies around the access to and movement of company information.” 

Shottes continues, “The WS_FTP Server solutions transform once-ungoverned processes and manual practices into reliable business processes that are automated, secure, reliable, and auditable.” 

In addition to being available as a free 30-day evaluation download, the three editions of WS_FTP Server 7.5 can be purchased from Ipswitch in a variety of combinations. Pricing for a one-year support agreement starts at $645; additional bundles and licensing options are also available, as is volume pricing. 

“A single license of WS_FTP Server can scale to thousands of user accounts,” Shottes says. “As an organization’s file transfer needs grow and evolve, WS_FTP Server grows along with them.”  

by Joseph Pasquini 


Ipswitch WS_FTP Server 7.5 

(781) 676-5800 

Description: The latest version of the easy-to-install WS_FTP Server suite of file transfer solutions provides corporate users with the ability to encrypt, control, authenticate, and manage files moving inside and outside of their organizations. 

Interesting Fact: The new Ad Hoc Transfer module enables secure person-to-person file sharing using a Web browser or Microsoft Outlook.

The Photohournalist - A talk by Nick Nunn




Breaking news - some of the different editorial stories that gripped us
Link to the Guardian archive
http://www.guardian.co.uk/theguardian/series/from-the-archive

Coronation of Queen Elizabeth II
http://www.oldukphotos.com/london_queen_elizabeth_ii.htm

Famine in Africa
http://www.dailymail.co.uk/news/article-1255160/Ethiopian-Band-Aid-money-used-rebels-fight-government-buying-food.html

A new Millenium
http://news.bbc.co.uk/1/hi/uk/587189.stm

Scanned notes from Johns session