News Archive

Photojournalists Receive NPPA-NPPF Katrina Relief Funds

DURHAM, NC – NPPA past president Bob Gould said today that six photojournalists and their families who were displaced by Hurricane Katrina and suffered losses because of the storm received funds today from the NPPA-NPPF Katrina Relief Fund.

“Several of these folks have relocated, and their lives are still not back to normal,” Gould said. “Thanks to NPPA fund raisers (such as print auctions) and to individual contributors, when it’s all tallied we raised close to $10,000 for this effort, along with money from some companies who matched contributions.”

The fund was established to help photojournalists who lost their homes, or lost their jobs, or may have been separated from their families because of Hurricane Katrina. NPPA and the National Press Photographers Foundation solicited donations from the journalism community and the public to create the fund. The NPPF, often referred to simply as “the Foundation,” is an IRS-approved 501(c)(3) charity; all donations to the NPPF and to the Katrina Relief Fund are tax deductible.

“We asked the photojournalism community to respond, and they did. The Foundation and NPPA are thrilled to be able to provide this much-needed assistance. We’re sure these grants will be definitely welcomed, especially at this time of year.”

The relief fund checks were sent out via overnight express by Foundation treasurer Frank Folwell, and the recipients received the funds on Friday, December 23. Four of the six recipients are NPPA members, and Gould says the four will also receive a one-year complementary renewal of their NPPA membership as part of the relief package.

“This was a great opportunity, and the NPPA really did the fund raising, and the Foundation was able to provide the vehicle to get funds to the people who really need them,” Folwell said today. “Alicia (Wagner Calzada, NPPA president) and Bob (Gould) really did a great job of pulling this together.”

Earlier this year a committee was established to receive and review the requests for aid. Those on the committee were Gould, of WZZM-TV in Grand Rapids, MI; John Ballance from The Advocate in Baton Rouge, LA; Tim Mueller from The Advocate; and C. Thomas Hardin, currently the Foundation’s vice president who also served it as president, and who is the retired photography director of the Louisville Courier-Journal and the Detroit News.

Gould said that funds were distributed based on need, affiliation with NPPA, and how much money was in the relief fund. NPPA members were going to be given first priority by the review committee.

During the 48th annual NPPA Flying Short Course, print auctions in Boston, Austin, and Eugene raised cash for the relief fund. The print auction in Eugene raised $1,854 according to NPPA vice president Tony Overman, and the print auction in Austin raised $1,425 according to NPPA president Calzada.

New York and New Jersey news photographers raised $1,325 at a fundraiser in late September when eight metropolitan-based photographers showed their photographs of the destruction and human suffering in New Orleans and Mississippi caused by Katrina. The money was presented to NPPA Region 2 director Harry DiOrio, who placed it in the NPPA/NPPF Katrina Relief Fund.

For more information about the fund, and what you can still do to help photojournalists and their families who are in need, please contact Gould at [email protected].

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NPPA Web Site Upgrades, New Features

DURHAM, NC – The National Press Photographers Association Information Technology department has been very busy this December, adding three new major features to the site in addition to moving the NPPA Web site to a faster, more reliable server and preparing for the upcoming Best of Photojournalism competition. Included in the technology upgrades are new NPPA discussion boards, an RSS/Atom News Feed, and NPPA/Google Site Search.

NPPA information technology director Jared Haworth and developer Stephen Sample say that using the power of Google Site Search, it’s now easier than ever to locate information on the NPPA Web site. To find out more information about an upcoming NPPA event, or to find a news story from the archive, users can go to www.nppa.org/search and do a comprehensive search of NPPA’s site.

To keep up to date with NPPA and photojournalism industry news, the technology staff has added an Atom news feed to the NPPA Web site that displays the 10 most recent news items added. Atom feeds are similar to RSS and other syndicated feeds, and can be accessed either through a Web browser (Mozilla, Firefox, and newer versions of Safari) or via a third-party RSS reader. Also, if you administer a photojournalism-related Web site, you can incorporate NPPA headlines into your site directly. For more information please seewww.nppa.org/news_and_events/news/atom.html.

“The NPPA Discussion Boards have gotten a much-needed overhaul,” Haworth wrote in an eMail blast to NPPA members. “The aging forum software has been replaced by a very modern and modular solution, which now allows members access to avatars, forum titles, and credit for the topics and replies posted. Recent discussions have been saved and placed into the three new categories: Business Practices & Ethics; News & Events; and Shooting & Editing. The new discussion forums are accessible to everyone, but only valid NPPA members can contribute new topics and replies. Additionally, an archive of all the previous discussions have been saved and are visible to NPPA members only. To see the new discussion boards, go to www.nppa.org/news_and_events/discussions/.

For more information, or to ask a question, please contact Haworth at the NPPA technology department at [email protected].

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NPPA Seeks National Office Nominations

NPPA nominations chairperson Matt McColl today said the NPPA Nominations Committee is currently seeking candidates who are interested in running for a national office with the organization. NPPA will hold elections for its national offices at the next meeting of the board of directors in June 2006. Elections will be held for president, vice president, and national secretary.

“To be eligible for election to national office, an NPPA member must be a news division member in good standing for at least one year prior to being nominated or have been granted a waiver of this rule by the committee on nominations,” McColl said. “If you are interested in running for office, or in learning more about the positions, please contact the committee or the nominations chairperson.”

In addition to being the Nominations Committee chairperson, McColl is also director of NPPA’s Region 10 and is the assistant chief photojournalist at KVBC-TV in Las Vegas, NV. He can be contacted at [email protected] or +1.702.657.3117.

NPPA is the professional society of photojournalism, founded in 1946 with members who are still photographers, television photographers, editors, educators, and students, with headquarters in Durham, NC. NPPA also publishes the monthly magazine, News Photographer, and provides the profession with the premier annual photography and picture editing competition, the Best Of Photojournalism.

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NPPA Seeks National Office Nominations

NPPA nominations chairperson Matt McColl today said the NPPA Nominations Committee is currently seeking candidates who are interested in running for a national office with the organization. NPPA will hold elections for its national offices at the next meeting of the board of directors in June 2006. Elections will be held for president, vice president, and national secretary.

“To be eligible for election to national office, an NPPA member must be a news division member in good standing for at least one year prior to being nominated or have been granted a waiver of this rule by the committee on nominations,” McColl said. “If you are interested in running for office, or in learning more about the positions, please contact the committee or the nominations chairperson.”

In addition to being the Nominations Committee chairperson, McColl is also director of NPPA’s Region 10 and is the assistant chief photojournalist at KVBC-TV in Las Vegas, NV. He can be contacted at [email protected] or +1.702.657.3117.

NPPA is the professional society of photojournalism, founded in 1946 with members who are still photographers, television photographers, editors, educators, and students, with headquarters in Durham, NC. NPPA also publishes the monthly magazine, News Photographer, and provides the profession with the premier annual photography and picture editing competition, the Best Of Photojournalism.

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Supreme Court's Refusal To Hear National Geographic CD-ROM Case Leaves Conflicting Copyright Rulings

By Mickey H. Osterreicher, Esq.

BUFFALO, NY – In two cases that pit the National Geographic Society against a number of freelance photographers, the United States Supreme Court this week refused to grant a petition for certiorari (appeal). That refusal thus let stand a lower court ruling in one of the cases holding that current copyright law permits a publisher to create revisions of existing works and/or to reproduce a collective work in a new format – such as electronically or on a CD-ROM – even if some new material has been added to the product, without permission by (and compensation to) the freelance photographers and/or writers who created the original work.

What makes this matter both confusing and important is that the appeal to the High Court was brought by National Geographic even though it received a favorable ruling on appeal in the 2nd Circuit. Apparently National Geographic had hoped the Supreme Court would hear the matter and thus resolve the conflicting opinion issued in the 11th Circuit (which ruled against National Geographic) in the same controversy brought by different freelance photographers.

The first suit was commenced in federal district court in New York in 1997 by photographers Douglas Faulkner, Louis Psihoyos, and FredWard (Faulkner v. National Geographic Association) after National Geographic produced and sold a 30-disc CD-ROM set called “The Complete National Geographic” (CNG). It was a digital version of all the past issues of National Geographic magazine going back 108 years. The CD-ROMs contained copies of the magazine’s pages exactly as they were published in print, displayed two pages at a time and in the same order as the original magazine, along with a new introduction and a program that allowed users to search for specific content. The second case began in federal district court in Atlanta in 1998 and was commenced by photographer Jeffrey Greenberg (Greenberg v. National Geographic Society, et al) based on the same underlying facts.

In both cases, the plaintiffs alleged that National Geographic violated Section 201c of the Copyright Act because it did not obtain their permission to use these works other than in the original publication. The New York Court found for the defendant, National Geographic, holding that there was no copyright violation because it deemed the CNG compilation to be an allowable revision of the original printed publications in electronic format. The federal district court in Georgia also ruled in favor of National Geographic, relying on the 1997 decision in New York district court in the watershed case of Tasini v. New York Times Co. (see below). The Tasini lower court had held that the re-use of freelance writers’ work on databases and CD-ROMs without their express permission did not constitute a copyright infringement. (The 2nd Circuit would overturn that Tasini decision in 2000.) The rulings in both Faulkner and Greenberg went up for appeal.

Greenberg was heard first. In March 2001, the 11th Circuit Court of Appeals in Atlanta, GA, reversed the lower court ruling that new content in the CD-ROM (including the introduction and the ability to search) did indeed infringe on the copyright of photographer Greenberg. It held thatNational Geographic had “created a new product, in a new medium, for a new market that far transcends any privilege of revision or other mere reproduction envisioned in the” Copyright Act. With that reversal the 11th Circuit Court sent the case back to the lower court to decide how much Greenberg should be paid in damages. Legal analysts at the time noted that the fact that National Geographic had applied for, and received, a copyright for the CD-ROM – claiming it as new work – figured heavily in the 11th Circuit Court’s written opinion.

In October 2001 the U.S. Supreme Court refused to hear National Geographic’s appeal of the 11th Circuit’s decision.

Adding to the confusion is that the circuit court Greenberg decision was rendered shortly before the U.S. Supreme Court handed down its own decision in Tasini. That case was the result of a suit brought by of the National Writers Union against The New York Times Co., Newsday Inc., Time Inc., Lexis/Nexis, and University Microfilms Inc., claiming copyright violation regarding the electronic reuse of work produced and sold on a freelance basis. In Tasini (as stated above) the 2nd Circuit Court in New York overturned the 1997 federal district court decision by finding that the re-use of freelance writers’ work on databases and CD-ROMs without their express permission constituted a copyright infringement.

The 2nd Circuit in Tasini held that the Copyright Act did not authorize the copying, reproduction and distribution of “articles standing alone and not in context” or “as part of that particular collective work to which the author (originally) contributed” or “as part of … any revision” thereof, or “as part of … any later collective work in the same series.”

After the 2nd Circuit Court’s ruling in favor of the writers, the publishers appealed Tasini to the Supreme Court which in June 2001 upheld the 2nd Circuit’s ruling by a 7-2 majority. That decision meant that in the absence of a written contract, a freelancer automatically retains the electronic rights to their printed work under the Copyright Act of 1976.

It was also a seminal case that distinguished the methods of reproduction (print, microform, electronic database). Whereas microforms "represent a mere conversion of intact periodicals (or revisions of periodicals) from one medium to another," the databases offered users [inTasini] articles in isolation absent their context in intact collective works.

On March 4, 2005, following the same legal labyrinth as Tasini, the 2nd Circuit Court in New York upheld the district court ruling in Faulkner. Judge Ralph K. Winter found in favor of National Geographic because the "transfer of work from one media to another generally does not alter its character for copyright purposes."

This leads to the important distinction between Tasini and the cases of Faulkner and Greenberg. In Tasini the user of a database was presented with the authors’ work just one piece at a time – out of context from how it was originally published on a page, and by itself, as a piece of material returned as the result of a database search, whereas the National Geographic CD-ROM set retains the material’s original presentation page by page while staying in context and in sequence, being a “replica” of the magazine.

Thus it can be suggested that, whereas the holdings in Tasini represent what is not allowable under copyright law, Faulkner sets forth what is allowable. What is a key factor and consistent with the 2nd Circuit Court rulings in both cases is that the focus is on how the materials are “presented to, and perceptible by, the user;” whereas the Greenberg court focused on how National Geographic put its new compilation together (e.g., containing separately copyrightable components, such as a moving image introduction, the digital replica of the magazines and software for search capabilities).

Key to the 2nd Circuit’s decision was their view that the digital pages were displayed to viewers exactly as they had been displayed in print, without changes or modifications, and within the original context of each other, so that they were exact duplicates of the original magazines – and therefore amounted to being no more than a revision.

Conversely, the key to the 11th Circuit’s earlier decision was the fact that they viewed the CD as the original work of a new author (the act of compiling the issues into one venue, and adding new features), and that they were presented in a new medium (electronic instead of in print), and were being sold to a different market, therefore making the set a “new product.”

There are other procedural questions that were dealt with in these cases but it will be interesting to see how these conflicting decisions are squared. Could a new compilation of previously published material be considered an “allowable revision” even though some photographs found in the original version may be blacked out and it also contains additional material? It appears that the determining factor will be how a court applies the standard in determining whether “these changes do not substantially alter the original context.”

In the meantime the U.S. Supreme Court appears to have difficulty in determining its own standards. Part III, Rule 10 of the Rules of the Supreme Court of the United States, in pertinent part, states that:


Review on a writ of certiorari is not a matter of right, but of judicial discretion. A petition for a writ of certiorari will be granted only for compelling reasons. The following, although neither controlling nor fully measuring the Court's discretion, indicate the character of the reasons the Court considers: (a) a United States court of appeals has entered a decision in conflict with the decision of another United States court of appeals on the same important matter . . .

By not hearing these cases, the two Circuit Court rulings leave the plaintiffs with two conflicting legal findings on what is basically the same question of copyright infringement, both involving the very same product, National Geographic’s CD-ROM set. Plaintiffs and attorneys alike had hoped the Supreme Court would see a need to clarify the conflicting rulings and would hear the case. Having the Supreme Court this week refuse to consider the matter leaves it unclear as to where the photographers stand in seeking any resolution in the matter and whether there is any further course of action that can be taken. It also leaves unsettled the question of which standard will apply to previously copyrighted material: no substantial alteration, or new and original compilation?

Mickey H. Osterreicher has been a member of the NPPA since 1972 and is the chair of the Government Media Relations Committee and also a member of the Advocacy Committee. He has been a photojournalist for over 30 years in Buffalo, NY, where he now practices law. Donald Winslow contributed some reporting to this article.

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SND Issues Call For Entries In 27th Annual Contest

The Society for News Design’s executive director, Elise Burroughs, has issued a Call For Entries for the 27th annual Best Of Newspaper Design competition. The contest is open to all general circulation newspapers – daily or otherwise – including broadsheets, tabloids, and traditional or alternative publications.

Entries must have been published between January 1, 2005, and December 31, 2005. Entries from the United States must be received in Syracuse, NY, by January 18, 2006; international entries must be received by January 25, 2006.

Rules for the contest and forms for entering can be viewed, printed, and downloaded from SND’s Web site at www.snd.org. The information is available in English and in Spanish, and in both QuarkXPress and Adobe Acrobat .PDF formats.

Judging of all categories will take place February 11 through 20, 2006, at the S.I. Newhouse School of Public Communications in Syracuse, NY. Last year’s contest drew 15,020 entries and yielded 1,074 awards to 190 publications in 37 countries.

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Jim Morris, 68, A Mentor In Hutchinson, Kansas

Jim Morris in uniformMorris, 68, the former chief photographer for The Hutchinson News in Hutchinson, KS, where he grew up and photographed the life of an entire community, died there last week in hospital after suffering a heart attack just days before.

He was with theNewsfor 32 years, from 1953 to 1985, and after Morris retired he opened and ran a photography lab, Jim Morris Lab and Lens. He was a journalism graduate of Hutchinson Community College, a 1955 graduate of Hutchinson High School, and he also spent 30 years in the Kansas Army National Guard. While at the News he had been, over the years, a photo engraver, a graphics director, a photo editor, as well as the chief photographer.

GarySettle, a two-time NPPA Newspaper Photographer of the Year and a past president of NPPA, remembered Morris as both his best friend from childhood and his best man at his wedding more than four decades ago. “We played together when we were kids in Hutchinson when we were 9 or 10 years old. We lived across the street from each other. My father was a serious amateur photographer who taught me and Jim how to develop film and make prints. One summer, my folks and I invited Jim to go with us on a two-week vacation trip to Colorado and Utah. We were about 12 or 13, taking stupid tourist pictures. In high school, we both became photographers for the school newspaper and yearbook. We clowned around a lot.

“When I was a sophomore, Sunday editorFredWulfekuhlergave me a part-time job in the photo lab at what was thenThe Hutchinson News-Herald. Within weeks he also hired Jim in a similar job. After high school, I went off to college then became (Rich)Clarkson'sfirst intern in Topeka. But after high school, Morris stayed full-time at the Hutchinson newspaper. He built his career there, becoming the head photographer for decades, and also the photo-engraver. He won some regional monthly NPPA clip contests and built up a pretty good little photo staff. He hired several good young shooters, includingPeteSouza.”

Souza, a national and international photojournalist for the ChicagoTribuneand former White House photographer for President RonaldReagan during Reagan’s second term, was hired at the Hutchinson News by Morris. “He was my first boss after I left graduate school at Kansas State University. He taught me – the young, over-enthusiastic photojournalist – a few lessons without having to say anything.”

Jim Morris self-portrait in mirrors“Not long after I got there, we had a huge fire in the downtown area. There was smoke and flames everywhere, Souza remembers. “Being a young, I tried to get as close to the action as possible. Jim disappeared from scene for a while. I didn't know where he had gone. Later, in the darkroom, I found Jim printing his best pictures. He had gone into a building nearby and talked someone into letting him go up on the roof. The picture he made from there really showed the enormity of the fire, and I realized my pictures from up close didn't tell the story nearly as well. So Jim taught me that Robert Capa wasn't always right.

Settle remembers that Morris took early retirement to open his camera store. “He knew so many people that it became so popular that it drove the other camera stores in town out of business. He never took vacation. His wife (Barbara) and daughter (Teri) helped him out at the store and friends would sometimes hang around. Half the people in town seemed to be his friends.”

Morris was working at the camera store when he was stricken, Settle said. "His heart attack hit him there, while he was shutting down the machines at the end of the day. Barbara was with him. Suddenly finding him on the floor, she called 911 and kept him going until help arrived."

At his funeral Saturday, daughter Terri said that it was at the camera store where she and her father became best friends, spending time together, and that he loved teaching photography and spreading the joy of it to others.

“Jim was a very good guy and a good shooter. That entails a lot. Some people go off to seek fame and fortune; some people choose to stay and have solid careers at home, under the radar, and live satisfying lives doing responsible community journalism,” Settle said. "Jim Morris and I inadvertently discovered photojournalism together, years before we ever heard the word 'photojournalism.' He stayed home; I went off to see the world. I've always considered him an unsung hero."

In addition to his wife and daughter, Morris is survived by a brother, a sister, and one grandchild

 

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Hearst Photojournalism Winners Named

SAN FRANCISCO, CA – Twenty college photographers have been named finalists in the November photojournalism competition of the Hearst Journalism Awards Program. Entries in the first of three journalism competitions were in the categories of portrait/personality and feature.

The annual photojournalism competitions are held in more than 100 member colleges and universities of the Association of Schools of Journalism and Mass Communication with accredited journalism programs. 

The top five finalists are:

  • First Place, $2,000 award, Chris Detrick, University Of Missouri
  • Second Place, $1,500 Award, Dean Knuth, University Of Arizona
  • Third Place, $1,000 Award, Jacob Pritchard, University Of Colorado
  • Fourth Place, $750 Award, Danny Ghitis, University Of Florida
  • Fifth Place, $600 Award, Allen Bryant, Western Kentucky University

The first place winner, Chris Detrick is a Spring 2005 graduate, and consequently is not eligible to participate in the championship round, as pursuant to the program guidelines. As a result, the second through fifth place winners will submit additional entries for the semi-final judging. 

The sixth through tenth place winners are:

  • Sixth Place, $500 Award, Christian Hansen, Western Kentucky University
  • Seventh Place, $500 Award, Dave Weatherwax, Michigan State University
  • Eighth Place, $500 Award, Matt Nager, University Of Colorado
  • Ninth Place, $500 Award, Mark Mulligan, University Of Texas, Austin
  • Tenth Place, $500 Award, David Calvert, University Of Nevada, Reno

Students who placed among the top 20 and will receive award certificates are:

  • J. Carson Day, California State University, Fullerton, Eleventh Place
  • Nick Loomis, University Of Iowa, Twelfth Place
  • Brian Lehmann, University Of Nebraska - Lincoln, Thirteenth Place
  • Samkit Shah, University Of North Carolina, Chapel Hill, Fourteenth Place
  • Julia Robinson, San Francisco State University, Fifteenth Place
  • Kristopher Kolden, University Of Nebraska - Lincoln, Sixteenth Place Tie
  • Lane Christianson, Southern Illinois University, Carbondale, Sixteenth Place Tie
  • Elizabeth Bailey, Ball State University, Eighteenth Place Tie
  • Jessica Crossfield, University Of Florida, Eighteenth Place Tie
  • Ray M. Jones, University Of North Carolina, Chapel Hill, Twentieth Place Tie
  • Anthony Souffle, Southern Illinois University, Carbondale, Twentieth Place Tie

The University of Colorado placed first in the Intercollegiate Photojournalism Competition with the highest accumulated school points from the first three photo competitions. It is followed by: Western Kentucky University; University of Missouri; University of Florida; University of Arizona; University of Nebraska - Lincoln; Michigan State University; University of Texas, Austin; University of Nevada, Reno; and University of North Carolina, Chapel Hill.

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SPJ Announces Collegiate Contest Call for Entries

INDIANAPOLIS, IN  – The Society of Professional Journalists has announced its call for entries to the Mark of Excellence Awards. The competition strives to recognize and honor the best in collegiate journalism. The deadline for the 2005 awards is January 23, 2006.

The competition presents awards in Breaking News Photography, General News Photography, Feature Photography, Photo Illustration, Sports Photography, Television News Photography, Television Feature Photography, and Television Sports Photography among many other categories that would be of immediate interest to NPPA student members.

The Mark of Excellence awards entrants in 43 categories in print, magazine, radio, television, and online journalism. Heather Porter, Assistant Director of Programs at SPJ, stated in a recent circular that "Eligibility rules require that an entry must have been published in the 2005 calendar year by a student or students studying for an academic degree. Entries are first judged on the regional level. First place entries advance to the national contest. National winners and finalists will be recognized at The 2006 SPJ Convention and National Journalism Conference in Chicago."

For more information, go to http://www.spj.org/awards_moe.asp or eMail SPJ at [email protected] or telephone +1.317.927.8000.

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2006 Cutting Edge VII Workshop Goes To Jacksonville

Shawn Montano, director of the NPPA Cutting Edge workshop, announced that the 2006 workshop will be held January 20 and 21, 2006, in Jacksonville, FL. Cutting Edge is an NPPA educational seminar with emphasis on the craft of editing.

Cutting Edge VII: The Chronicles Of Editing will feature as faculty Lou Davis, chief photojournalist for WTVD-TV in Raleigh-Durham, NC;Matt Rafferty, the 2004 Cutting Edge Editor of the Year, who is a video editor for WJW-TV 8 in Cleveland, OH; and Montano. The just-named 2005 Cutting Edge Editor of the Year, Brian Weister, a two-time NPPA Video Editor of the Year - and now the two-time Cutting Edge Editor of the Year - will also be on the faculty.

The host hotel for Cutting Edge VII is the Jacksonville Marriott, 4670 Salisbury Road, with a special NPPA nightly rate of $79.00. Call +1.800.962.9786 and ask for the NPPA rate.

Last year's Cutting Edge was held January 29 in Raleigh-Durham, NC, and featured speakers Weister and Vicki Hildner, a special projects editor at KCNC-TV in Denver. Montano was the 2001 NPPA Television Editor of the Year and works at KCNC-TV.

For more information contact Montano at [email protected].

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