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APA ADVOCACY UPDATE: Judge Sotomayor
APA ADVOCACY UPDATE: Judge Sotomayor
Stephen Best, APA National CEO
Dear Friend of APA,
As the CEO of the Advertising Photographers of America (APA) a nationwide professional organization comprised of over 1,600 professional photographers, I am writing to you to express our profound concern over the possible confirmation of Judge Sonia Sotomayor to the United States Supreme Court.
Our members support families, employ support staff, buy and rent equipment and pay taxes. Those obligations can be met by us and are sourced by the revenues generated by the photographic services and the licensing or sale of our imagery. Our photography portrays historical matters, breaking news stories and is also employed in advertising and any number of other media. Recently Judge Sotomayor demonstrated an utter lack of understanding of the nature and value of historical and newsworthy photography.
The New York Times recently covered her strange decision at length, please see:
http://lens.blogs.nytimes.com/2009/07/15/behind-6/
The judge upheld an award of 7$ for each historical and photojournalistic image of President Bush, Vice President Gore and any number of US Senators and notables lost by a Bill Gates owned company. Rather than follow the dozens of cases across the country, in several Federal Circuits and state courts which value such photography in the range of hundreds to thousands of dollars per image, Judge Sotomayor approved a valuation identical to that used by Walgreens, CVS, Wal-Mart, Kmart and any other retail processor of amateur film, regardless of photographer and irrespective of subject.
Mr. Usher was and remains a premier photojournalist with a White House Hard Pass. A favorite of both Presidents Clinton and Bush his images run consistently in Newsweek, Time, Business Week and similar publications. If the judge's valuation of this premier photographer's images at 7$ each stands, we fear that the images of the bulk of our members may be valued at even less than 7$. The notion is simply absurd yet Judge Sotomayor clings to it.
Corbis, Mr. Gates' privately held company was found to be 100% liable. It has lost similar cases where the work of photographers documenting this nation's history and news events inexplicably went missing. The view of our profession is that the lack of concern for the fair value of these un-recreatable lost images is astounding and inexplicable.
In this era where digital imaging is now the norm and the concepts of easy access and free use of images is destroying the copyrights of photographers, (who by law are the creators) the attitude that the value of these historical images is only $7.00 a piece incredible. There are literally millions of such images in the hands of agents, publications, museums and archives.
If lost or stolen, it is Judge Sotomayor's expressed opinion that since they were not being actively sold or licensed they would have virtually no value. It is not a stretch to say that lost or stolen rare, unsold photography currently residing in universities, in government institutions and public museums would in this judge's view, be worthless and no "real" recovery could be awarded to the owner(s) of such photography . We have good cause for concern as to how this judge would value our copyrights under Title 17 of the US Code. If she has no regard for the value of the actual photography, she likely has little regard for the value of the copyright(s) attached to those images.
This decision of Judge Sotomayor at the US Court of Appeals level demonstrates a profound, lack of understanding and concern of photographers' livelihood and protection of our rights are threatened now and in the future. Clearly in the judge's view the rights of Bill Gates as agent, to "lose" thousands upon thousands of historical photos contributed by some of America's top photojournalists have taken precedence over the many thousands of individual professional photographers, artists, designers and illustrators whose works have been cavalierly de-valued by the judge.
APA cannot support the confirmation of Judge Sotomayor to the United States Supreme Court and we suspect that other creators of intellectual property will join us. We urge you to at least scrutinize the candidate on her views of intellectual property and this case in particular.
Stephen Best
APA National CEO
Stephen Best, APA National CEO
Dear Friend of APA,
As the CEO of the Advertising Photographers of America (APA) a nationwide professional organization comprised of over 1,600 professional photographers, I am writing to you to express our profound concern over the possible confirmation of Judge Sonia Sotomayor to the United States Supreme Court.
Our members support families, employ support staff, buy and rent equipment and pay taxes. Those obligations can be met by us and are sourced by the revenues generated by the photographic services and the licensing or sale of our imagery. Our photography portrays historical matters, breaking news stories and is also employed in advertising and any number of other media. Recently Judge Sotomayor demonstrated an utter lack of understanding of the nature and value of historical and newsworthy photography.
The New York Times recently covered her strange decision at length, please see:
http://lens.blogs.nytimes.com/2009/07/15/behind-6/
The judge upheld an award of 7$ for each historical and photojournalistic image of President Bush, Vice President Gore and any number of US Senators and notables lost by a Bill Gates owned company. Rather than follow the dozens of cases across the country, in several Federal Circuits and state courts which value such photography in the range of hundreds to thousands of dollars per image, Judge Sotomayor approved a valuation identical to that used by Walgreens, CVS, Wal-Mart, Kmart and any other retail processor of amateur film, regardless of photographer and irrespective of subject.
Mr. Usher was and remains a premier photojournalist with a White House Hard Pass. A favorite of both Presidents Clinton and Bush his images run consistently in Newsweek, Time, Business Week and similar publications. If the judge's valuation of this premier photographer's images at 7$ each stands, we fear that the images of the bulk of our members may be valued at even less than 7$. The notion is simply absurd yet Judge Sotomayor clings to it.
Corbis, Mr. Gates' privately held company was found to be 100% liable. It has lost similar cases where the work of photographers documenting this nation's history and news events inexplicably went missing. The view of our profession is that the lack of concern for the fair value of these un-recreatable lost images is astounding and inexplicable.
In this era where digital imaging is now the norm and the concepts of easy access and free use of images is destroying the copyrights of photographers, (who by law are the creators) the attitude that the value of these historical images is only $7.00 a piece incredible. There are literally millions of such images in the hands of agents, publications, museums and archives.
If lost or stolen, it is Judge Sotomayor's expressed opinion that since they were not being actively sold or licensed they would have virtually no value. It is not a stretch to say that lost or stolen rare, unsold photography currently residing in universities, in government institutions and public museums would in this judge's view, be worthless and no "real" recovery could be awarded to the owner(s) of such photography . We have good cause for concern as to how this judge would value our copyrights under Title 17 of the US Code. If she has no regard for the value of the actual photography, she likely has little regard for the value of the copyright(s) attached to those images.
This decision of Judge Sotomayor at the US Court of Appeals level demonstrates a profound, lack of understanding and concern of photographers' livelihood and protection of our rights are threatened now and in the future. Clearly in the judge's view the rights of Bill Gates as agent, to "lose" thousands upon thousands of historical photos contributed by some of America's top photojournalists have taken precedence over the many thousands of individual professional photographers, artists, designers and illustrators whose works have been cavalierly de-valued by the judge.
APA cannot support the confirmation of Judge Sotomayor to the United States Supreme Court and we suspect that other creators of intellectual property will join us. We urge you to at least scrutinize the candidate on her views of intellectual property and this case in particular.
Stephen Best
APA National CEO
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About
Chuck Goodenough Photography
Fashion Accessories Photography for Legale Socks
Apparel Accessories Photography Services in Los Angeles.Model is Gabby Hair & make-up by Cathy Highland
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Invisible Mannequin or "Ghost" Mannequin Apparel Product Photography
Don't ask me how we do it! ;-)Ask us for a quote! ;-)
Perfect for Apparel Catalog and online eCommerce Store Inventory.
This is one version of the Invisible Mannequin look giving depth and another dimension to "Lay Downs".
No large investment in post production Photoshop composting work either!
Old Fashion Frontier Hold-up or, The Bad Kids from Bodie
It's not hard to act out a Ghost Town Hold Up with your own kids when visiting the old mining town of Bodie.Stock Photo Image available for use license:
Frankie B eCom Online Catalog Shoot
Always a great time shooting styles for Frankie B with Photogenicsmedia.com model Neva:
Michelle Baena for Rockytrail.com
The fabulous, sexy, gorgeous Michelle Baena photographed for Rockytrail.comLets shoot again someday Michelle!
Editorial use only:
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