Read the official statement in full below:
Professional Photographers of America and Other Photographic Associations Settle Litigation With Google
Agreement ends four years of litigation over the inclusion of visual works in Google Books
NEW YORK, NY - Professional Photographers of America (PPA) and a group of photographers, visual artists and affiliated associations have reached a settlement with Google in a lawsuit over copyrighted material in Google Books. The parties are pleased to have reached a settlement that benefits everyone and includes funding for the PLUS Coalition, a non-profit organization dedicated to helping rights holders and users communicate clearly and efficiently about rights in works. Further terms of the agreement are confidential.
The agreement resolves a copyright infringement lawsuit filed against Google in April, 2010, bringing to an end more than four years of litigation. It does not involve any admission of liability by Google. As the settlement is between the parties to the litigation, the court is not required to approve its terms. This settlement does not affect Google's current litigation with the Authors Guild or otherwise address the underlying questions in that suit.
The plaintiffs in the case are rights holder associations and individual visual artists. The associational plaintiffs are The American Society of Media Photographers, Inc., Graphic Artists Guild, PACA (Digital Media Licensing Association)., North American Nature Photography Association, Professional Photographers of America, National Press Photographers Association, and American Photographic Artists. The individual plaintiffs are Leif Skoogfors, Al Satterwhite, Morton Beebe, Ed Kashi, John Schmelzer, Simms Taback and Gail Kuenstler Taback Living Trust, Leland Bobbé, John Francis Ficara, and David W. Moser.
The case is American Society of Media Photographers, Inc. et al. v. Google Inc., Case No. 10-CV-02977 (DC) pending in the United States District Court for the Southern District of New York.
About Google Inc. and Associational Parties
Google is a global technology leader focused on improving the ways people connect with information. Google's innovations in web search and advertising have made its website a top Internet property and its brand one of the most recognized in the world.
Professional Photographers of America (PPA) represents more than 27,000 photographers and photographic artists from dozens of specialty areas including portrait, wedding, commercial, advertising and art.
Founded in 1944, The American Society of Media Photographers (ASMP) is the premier trade association for the world's most respected photographers.
The Graphic Artists Guild (GAG) is a national union of graphic artists dedicated to promoting and protecting the social, economic and professional interests of its members and for all graphic artists including, animators, cartoonists, designers, illustrators, and digital artists.
PACA (Digital Media Licensing Association) is a trade association established in 1951 whose members include more than 80 companies representing the world of digital content licensing.
NANPA, the North American Nature Photography Association, is the first and premiere association in North America committed solely to serving the field of nature photography.
Founded in 1946 the National Press Photographers Association (NPPA) is the "voice of visual journalists" promoting and defending the rights of photographers and journalists, including freedom of the press in all its forms.
The American Photographic Artists (APA) is a leading national organization run by and for professional photographers.
Google is a trademark of Google Inc. All other company and product names may be trademarks of the respective companies with which they are associated.
Here's your top 10 blog round-up for the first week of September. HOW IS IT ALREADY SEPTEMBER?! With all due respect to fall, we just aren't ready. So here are some summery posts from the week that was. OK fine, there really isn't a summer theme to them. Whatever. Just enjoy!
FUN: Let's start this thing off with a bang. If you photograph newborns, chances are you've had an... incident. Or dare we say two? Al Ferguson knows a thing or two about that. But seriously, all poo jokes aside, here's a dad getting pooped on. Viewer beware: THERE'S POOP!
SAFETY: Drones are all the rage these days, as questions over their legality continue. But are they any match for a sheep? If you're of the belief that drones are invasive, you're on team sheep. Check the video to find out.
HISTORY: In 1935, heralded photographer Roman Vishniac, a Russian-born Jew, journeyed through Eastern Europe to photograph impoverished Jewish communities. Thanks to a joint effort, Vishniac's extensive work is now available to the public, and ready for some crowd-sourced historical detective work to help restore some family histories.
TRESPASSING: wYou might have read our previous at-length blog posts about how you should avoid using railroads as backdrops. But for one Nebraska volleyball team, the urge was too strong and they wound up halting train traffic for 40 minutes! Seriously guys, stay off live tracks!
LEGAL: Here we go again... more copyright infringement! This time the issue at hand is the "Bing Image Widget", which allows website publishers to embed digital photographers on their sites. Take a look at the suit and see what you think--infringement or not?
PROFILE: We probably had you at the title with this one. When the Corcoran Group real estate needed a photographer for their Live Who You Are campaign, they turned to Leibovitz to show that home is more than just a place where you live. Take a look!
THRILL: Sure, you've seen and done it all, right? Well, have you done some good ol' storm chasin' and photographed yourself a tornado? Didn't think so. Now you can, with Silver Lining Tours. Read up!
ONLINE MARKETING: Finally! Check out this interview with Aaron Hockley, creator of wp-photographers.com, a blog dedicated to helping photographers understand and manage WordPress.
INSPIRATION: Have you heard of the Rifleman's Creed? Well, PetaPixel took a stab at modifying it to fit photographers. What do you think?
TRAVEL: Well-known Icelandic photographer Iurie Belegurschi captured what most of us will never get to see in our lifetimes--a real, live volcanic eruption. Iurie luckily had some air support when Bardarbunga (awesome, awesome name) erupted, but man does that look awesome! Check out these completely rad photos (brace yourselves for the last one) of the eruption from the Ninja Turtle volcano (our nickname, no stealsies). Iurie actually gives photographic tours of Iceland's beautiful countryside, you can check them out on his website and head on out there quick while it's still active!
Aaaand boom goes the dynamite. There you have it! The top posts from around the interwebs. What sorts of photography blogs light up your idea bulb? Let us know on theLoop!
Mark the Date! On October 7, 2014, at 2 p.m. world-renowned portrait photographer, Jeff Lubin, M.Photog.Cr., will present a FREE live webinar, Finding Your Missing Pieces for Profitability in Photography, during which he will review actual studios and provide tangible methods through which they can be more successful. And guess what? Yours could be one of them!
Looking to upgrade your offerings? Improve your lighting capacity? EARN MORE MONEY?! Then get involved.
If you are interested in having your studio featured in the webinar, please complete these questions and forward them to email@example.com!
- How long have you been a professional photographer?
- Do you consider yourself new, proficient or advanced?
- Do you have an additional source of income beyond photography (another job, savings, working partner, etc.)?
- How would you categorize your business (portraits, weddings, commercial)?
- Which styles of photography are most appealing to you?
- Do you have trouble making your overhead most months?
- What has been your most successful form of income from your studio?
- Have you noticed big changes in your business recently, and what do you attribute that to?
- How do most of your clients view you? (top pro, new photographer, etc.)
- What do you think is your biggest weakness that you need to overcome?
- What would you like to focus on changing this year?
- In which areas would you like to learn most?
- Would you prefer a one, two or three day workshop?
- Which camera system do you use?
- What type of lighting equipment do you own?
- If you don't currently do studio lighting, would you be interested in learning?
- Do you have a studio and if so, is it commercial or in your home?
- What are your goals in photography for your future?
By Mariah Ashley
"If only you could pick your family as easily as you pick your nose. You could fix every issue with a flick of your tissue." - Mariah Ashley
Nancy came in to give us all the details of her wedding a few months before the event. Generally brides are pretty pumped at these meetings and tell us to-the-minute details down to the music the jazz trio is playing for the processional. Irrelevant yes, but we smile and "Oooh " and "Aaah" as any good wedding vendors should.
Not Nancy. Nancy had nothing exciting to report. No extraneous details to share. Nancy was strangely quiet, even hostile. Nancy was negative. "I'm just not your typical bride. I'm not excited about all this wedding stuff. I'm pretty sure the wedding is going to be kind of a mess. I'll just be glad when this is all over!" blurted Nancy.
O...K...? Awkward! We sat there a little stunned and wondered, why on earth would you go through the trouble of planning and paying for a wedding when you have an attitude like that?
Spoiler Alert! Nancy ends up as one of our top three clients of the year. The reluctant bride with a small budget wedding spends $11K and counting on her wedding photographs. Seriously, we need to add some more products because we have run out of things for her to buy.
So what happened between Nancy hating on her own wedding and spending gobs of money on photographs after?
Have you seen the movie Little Miss Sunshine? There's a great scene where Dwayne (the teenage son) gets some upsetting news while on a family road trip. He totally loses it in the back of a VW bus and his step dad has to pull over to the side of the road so Dwayne can have a nutty. Dwayne's mom says, "For better or for worse, we're your family." Too which Dwayne eloquently relies, "No you're not my family okay? I don't want to be your family. I hate you f*#%ing people. I hate you! Divorce? Bankrupt? Suicide? You're f*#%ing losers! You are losers!
The bad news Dwayne receives is his tipping point. He just can't take another second of his family's dysfunctional BS. Nancy and Dwayne are one in the same.
After Nancy's nutty she opened up a little about her own family situation. Divorce, remarriage, tense relationships, absentee parent, etc. Poor kid, no wonder. Her negativity was her defense mechanism. Nancy was setting her expectations REALLY low so as not to be disappointed by her family... again.
Like Nancy, most of our clients think they are the only ones with a crazy family, but the reality is dysfunctional is the new normal. Are you with me? Trust me, I know a thing or two about this. I am completely reduced to my teenage self whenever I am around my family for too long.
Here's a secret about me that only Trish and my husband (and now you) know... my fifteen-year-old self ran away from home three times. The third time was the charm though; I got to spend the night in jail. I had a metal bunk and a non-private privvy. The temperature in the slammer was about 50 degrees and my jailers had confiscated my shoes. I lay there shivering and learning my lesson which was the intention of the coppers after all. I didn't run away again because I realized for better or for worse my family was my family and I really do prefer my bathroom to have walls. But back to Nancy...
I'm happy to report that on the wedding day everyone was on their best behavior. Yes, tension and resentment crashed the party but so did regret and tenderness and we chose to focus on the latter. We got a beautiful photograph of Nancy's mom tenderly helping her get ready, fastening family pearls around her neck. We also got a beautiful shot of Nancy and her father dancing, tears of regret streaming down his cheeks.
I heard an interview on the radio that got me thinking about how Nancy had gone from reluctant bride to becoming one of our top clients. Elizabeth Dunn and Michael Norton authors of Happy Money explained that people are happy to spend their money and happy even long after the purchase when their money is spent on an experience such as a vacation. The part that I found interesting was that photographs play a huge part in enhancing the remembered experience of the vacation and reinforcing the positive feelings about the decision to spend the money. Because you can re-live your memories over and over again through your vacation photos, the memories of the trip often become even sweeter than the actual moments that were experienced. The camera only focuses on the smiles and sunsets and not the hassles and petty squabbles that go along with any trip, so that is what is remembered.
At the end of Little Miss Sunshine, perhaps the most dysfunctional family road trip of all time, the characters end up dancing together in a scene that will make you so uncomfortable you squirm, and laughing so hard you'll cry. That's pretty much what happened at the end of Nancy's wedding too. Everyone was on the dance floor in one big, crazy-flawed, fun-loving family pile dancing their butts off.
A Roman philosopher said of nostalgia, "Things that were hard to bear are sweet to remember." Because we hyper-focused on finding the tender and loving moments behind the bitterness at Nancy's wedding we were able to exceed her expectations and show her something that she may not have been able to see herself but probably felt that day. Although her family is dysfunctional for better or worse they are hers and they undoubtedly love her. What Nancy needed was a vehicle for her nostalgia. She needed a way to look back on the day that had caused her so much grief to plan with fondness and no regret for the money they had spent. Because the photographs reflect a beautiful bride, a couple in love, and a supportive family (with stellar dance moves) Nancy upgraded her album, bought three parent albums and framing for walls.
We've all had wedding clients with family tensions so thick that we want to run and hide. It's easy and natural to want to throw your hands in the air and say, "There's nothing to be done for these people their f*#%ing losers!" Before you do that though, remember that you might just be throwing your future best client out the window. Dig a little deeper, remember your own whacked out family, and see if there isn't a little crack of tenderness to expose in the wall of dysfunction.
Georgia photographer, Judith Ann, was lucky (and talented!) enough to earn a merit on her first time entering PPA photographic competition. In this guest blog, she shares the funny story behind her merit image and an afterword with her thoughts following the International Photographic Competition (IPC).
Dog Gone, I Received a
By Judith Ann
A lack of communication and poor note taking almost cost me a very important session last year. I'll tell you upfront, the good news is everything turned out better than planned. Pardon the puns, but it caused me to dig deeper into my artsy side when I realized I had been barking up the wrong tree for most of my morning.
The day started off like a typical morning at my studio, beginning with a review of appointments, ordering sessions and events to help my day flow smoothly for the next eight hours. I have always prided myself on my ability to plan and custom fit each client's session based on their requests. This particular time, my daily calendar informed me I had a pet session scheduled for 10 a.m. My assistant had booked the appointment the day before and the details were sparse. So bright and early I got my chain rattled and had to react quickly to this situation.
The notes said, "English Bulldog/pet picture" and being comfortable with dogs I believed for a hot minute that this would be an easy session--that is until I got up from the computer and started walking to my shoot room. My assistant appeared suddenly and filled in the details about my soon-to-arrive client. The client recently added a "man room" to her home--thus the need for the bulldog portrait for the wall.
"Really?" I asked excitedly. Then she said the portrait was to be based upon the poker playing dogs. I stopped walking.
"Huh? What are poker playing dogs?"
My assistant gave me the look that only the younger generation can give as if to You gotta be kidding me! Have you been living in the dark ages! "Like, they're everywhere" she said, "I'll show you."
I must have had the dumbest look on my face realizing I was totally unprepared for this session while I stared into a computer screen to see bulldogs playing cards, smoking cigars and looking generally illegal.
"How old is her dog?" I asked.
"I believe it's a puppy."
What da' what?
Soon after I heard a car door close and a barking dog headed my way--my moment of truth had arrived. The only thing I had going for me was the fact that this client was a regular customer who trusted me with her family portraits for years, at least up until this point. The studio door cracked opened and the tip of a furry nose nuzzled through and the wrinkly bulldog puppy came barking, jumping and running straight into my lobby.
I stood there dazed and confused and in my squirreliest voice said, "Hi Jennifer!"
Jennifer gave me a curious smile and said, "What's up?"
"I just realized I don't have a deck of cards," I said. "Would you mind leaving your puppy with me and running over to the store to get a pack while I get the lights set?"
Ha! lights set? How about trying to pull off the fastest-built set in 15 minutes flat?
She agreed and when I heard her car start up I sprang into action. The puppy was left to run around the lobby while I began to think...
My son-in-law was in the studio the day prior drinking the brown, old-fashioned root beer glass bottles. I dug through my trash and apprehended two bottles from the bottom of the garbage can. Yes! Close enough to a beer bottle and now I need a cigar and I think I have one from the proud parent of a baby boy! I hope this pup won't eat my only cigar!
Some further hunting around the studio produced an antique checker board with chips, an old camera and a quick hand dive into my purse brought up some change and dollar bills to hopefully round out the set. We cleared off a side table from the lobby, moved it into the shoot room and carefully arranged the newfound items. Jennifer returned with the fresh deck of cards and it was time to put our puppy to the test.
We placed our furry little friend on the table and he curiously looked left, right, up and down and in a split second scooped the cigar into his mouth and brought his head up into the cutest pose. Click. The image was captured in the blink of a (puppy's) eye!
(Side note: The puppy was not harmed in any way in the capturing of this image. As a matter of fact he enjoyed all the attention. The cigar was not lit--we created the smoke and red ash in post-processing.)
My assistant and I discussed better communication techniques through more detailed note taking and a big HEADS UP on unique session requests. As a bonus, we have had several clients request that particular image as artwork for their home.
In this, my first year of PPA image competition, I included "Hold 'Em Ace," and was pleased to earn a merit seal at my state (Georgia PPA) and district (Southeast) competitions I'm excited to hear the results from the IPC! My fingers are crossed on being chosen for the Loan Collection.
It's official! I've come full circle in completing my first year of competition. I entered the same four images from start to finish (GPPA>SEPPA>IPC) and am excited to say that three of the four images merited! After I received my judge's critiques from the GPPA/SEPPA level, I made some adjustments on three of my four images. "Hold 'Em Ace" had already sealed and I was told you NEVER break the seal once you merit.
My judge's critiques helped me see her perspective on how I could improve my images and I was mostly happy to make the suggested changes. I have to admit I did take a little offense on my critique of "Bonny Boy." The judge made mention on my child's sausage fingers on the bike handle, I took it personally because, to me most children have little sausage fingers. After growling about the comment for several days, I took another look at those baby sausage fingers and began to see why the judge had pointed them out.
I agreed that maybe they were standing out more than they should, so I took my burn tool and ever so slightly browned those little sausages. My images went from being what I considered really good prints to great images with just a few small changes. As a suggestion, don't take the judges' comments to heart--they are there to help you become an even better photographer.
I was glad I took the time to compete and successfully survived entering into a whole new world. I bet you have already guessed about how I feel about next year, that's right, I'm thinking about conjuring up brand-new ideas that will hopefully earn more merits. It's a win, win situation that will benefit my clients. My final thought is that being able to resource a judge with years of experience, compete with your fellow photographer peers in the industry is bringing me closer to my goal: award-winning photographer, Judith Ann, M.Photog. (master photographer).
Acclaimed wedding photographer and Imaging USA speaker Booray Perry stopped by PPA's member-only online community, theLoop, last week for an AMA and it was awesome. He waxes poetic about any and everything--from his "desire" to be a doctor to mastering bounce flash in order to shoot weddings more effectively. It's an awesome and illuminating conversation which you members should absolutely check out. (Sorry, members only!)
We've selected 5 of our favorite quotes from the conversation if you missed out:
"I did not fake the moon landing. Not officially."
"I remember feeling pretty good when a fellow photographer asked me to shoot his wedding. I had a successful business already and happy clients but when a fellow pro trusts you with their wedding, that's a pretty good validation that you might know what you're doing."
"The first time I booked a Bar Mitzvah I told the client, "I've never shot a Bar Mitzvah." She said, "That's okay, I've seen your wedding work." I felt pretty good that she felt my expertise was such that I could be trusted with a job that was totally new to me."
"You have to sell yourself. It's hard to be a wedding photographer if you are the shy type. People want someone who they think will be good, but also fun to have around for 7 hours. I've talked to photographers who complain that they just aren't getting booked and I think, "Dude, I can't talk to you on the phone for 10 minutes without starting to pray for the sweet release of death to spare me from your uncanny Deputy Dog-like demeanor."
"This may sound hokey, but I like that I get paid to work at weddings and Bar Mitzvahs where there is fun and celebration and love. It's not a bad place to spend your time. " :)
If you want to learn from someone who is passionate about what he does and is willing to speak freely about his tips on being a successful photographer, check out the full conversation here. (theLoop is an exclusive, online community for photographers to discuss privately their problems and solutions. Join PPA to get in theLoop!)
And make sure you stop by Booray's program at Imaging USA!