Keren oversees the photography for all the merchandise at Martha Stewart where all advertising, packaging and marketing is done internally for their 17 selling partners. She produces all aspects of the photo shoots and hires a wide range of photographers to shoot everything from food, wine, bedding, lighting to glassware. She retains long standing relationships with a number of photographers and tries to balance that by seeking out fresh talent as the opportunities present themselves. The company maintains 5 studios in the office and she’s able to spend time on set with all photographers and shoots throughout the day.

I had a few questions for her but I would encourage anyone else who wants to ask something to drop a question in the comments and we’ll try and get it answered.

Tell me about the shooting all the merchandise for Martha Stewart Living. How many photographers do you hire and how many products are you shooting and how many shoots take place each month?

This month we have 6 shoots for over 200 different products. I hire freelance photographers for all of our work. Currently, we have 18 partners so there is a great mix from Home Décor to Food and Wine to Crafts, Flowers, Home Goods and Textiles.

How do photographers get on your radar? What are your sources for finding photographers and then what’s the process for hiring them?

Agents update me on their new photographers or the new work from people I already know. I also do research and spend time on agency and photographers’ sites. Once I find a photographer I will call in a hard copy portfolio if I haven’t seen it already. I bring the books to meetings to discuss photographers with our creative team. I can’t do this the same way with a website. However, one thing I keep noticing with portfolios is that most photographers only put their favorite work in their book—a book of lifestyle images shot outside in a field isn’t going to help you land a job shooting interiors or still life here. The best way to get on my radar is to show me work that is relevant to the work we do. If it is not in the book, I can’t get our creative team on board.

These days I don’t get as many self promo cards as I used to. However a fantastic promo by James Tse introduced me to his work and I just hired him to shoot packaging for our line of food at Costco. I also attend portfolio reviews and events where I can meet with agents and learn about other photographers. I find article’s like PDN’s Who’s Shooting What helpful as well.

We have a core group of photographers who have been with the company for many years and do great work in both editorial and merchandising. Victor Schrager recently shot packaging for our Martha Stewart Collection at Macy’s. He also shot our Martha Stewart’s Cookies Book.

Do you find that shooting products over and over again can become tedious and if so how do you combat that?

The products we shoot are different every season and for every partner. We also have a diverse and talented group of art directors and stylists working on each shoot. Our products tell a story and inspire the consumer. While we do not want the consumer to see the same image over and over again, we do want them to see an image and know that it is quintessentially Martha Stewart.

There’s a fairly well established aesthetic to the Martha Stewart brand so is it possible to introduce new styles of photography?

There is a way to modernize our photography and make it fresh while still keeping true to our look and feel that people associate with the brand. You’ll notice this in our Self Portrait advertisement campaign shot by both Eric Piasecki and Sang An.

I think the value of product photography goes up as buying decisions go to the web because photography is all you have to grab consumers. Has that become a factor yet in the photographers you hire?

Definitely. Our photography a key aspect of our brand online and in print. However, our products must still remain hero while we build brand equity in our merchandise lines. The images have to be strong enough to instantly grab the consumers and make them stop before clicking through to something else. One way we increase the value is by making sure the imagery is lit beautifully and with purpose. You’ll notice this in the photography for our new line at 1-800-flowers.com shot by Travis Rathbone. Too many times I have seen images with beautiful lighting but the product is in shadow. That doesn’t help us sell products and it certainly doesn’t work on the web.

SECTION 1. SHORT TITLE.

This Act may be cited as the `Orphan Works Act of 2008′.

SEC. 2. LIMITATION ON REMEDIES IN CASES INVOLVING ORPHAN WORKS.

(a) Limitation on Remedies- Chapter 5 of title 17, United States Code, is amended by adding at the end the following:

`Sec. 514. Limitation on remedies in cases involving orphan works

`(a) Definitions- In this section, the following definitions shall apply:

`(1) MATERIALS AND STANDARDS- The term `materials and standards’ includes–

`(A) the records of the Copyright Office that are relevant to identifying and locating copyright owners;

`(B) sources of copyright ownership information reasonably available to users, including private databases;

`(C) industry practices and guidelines of associations and organizations;

`(D) technology tools and expert assistance, including resources for which a charge or subscription fee is imposed, to the extent that the use of such resources is reasonable for, and relevant to, the scope of the intended use; and

`(E) electronic databases, including databases that are available to the public through the Internet, that allow for searches of copyrighted works and for the copyright owners of works, including through text, sound, and image recognition tools.

`(2) NOTICE OF CLAIM FOR INFRINGEMENT- The term `notice of the claim for infringement’ means, with respect to a claim for copyright infringement, a written notice that includes at a minimum the following:

`(A) The name of the owner of the infringed copyright.

`(B) The title of the infringed work, any alternative titles of the infringed work known to the owner of the infringed copyright, or if the work has no title, a description in detail sufficient to identify it.

`(C) An address and telephone number at which the owner of the infringed copyright may be contacted.

`(D) Information from which a reasonable person could conclude that the owner of the infringed copyright’s claims of ownership and infringement are valid.

`(3) OWNER OF THE INFRINGED COPYRIGHT- The `owner of the infringed copyright’ is the legal owner of the exclusive right under section 106 that is applicable to the infringement in question, or any party with the authority to grant or license that right.

`(4) REASONABLE COMPENSATION- The term `reasonable compensation’ means, with respect to a claim for infringement, the amount on which a willing buyer and willing seller in the positions of the infringer and the owner of the infringed copyright would have agreed with respect to the infringing use of the work immediately before the infringement began.

`(b) Conditions for Eligibility-

`(1) CONDITIONS-

`(A) IN GENERAL- Notwithstanding sections 502 through 505, and subject to subparagraph (B), in a civil action brought under this title for infringement of copyright in a work, the remedies for infringement shall be limited in accordance with subsection (c) if the infringer–

`(i) proves by a preponderance of the evidence that before the infringement began, the infringer, a person acting on behalf of the infringer, or any person jointly and severally liable with the infringer for the infringement–

`(I) performed and documented a qualifying search, in good faith, for the owner of the infringed copyright; and

`(II) was unable to locate the owner of the infringed copyright;

`(ii) before using the work, filed with the Register of Copyrights a Notice of Use under paragraph (3);

`(iii) provided attribution, in a manner that is reasonable under the circumstances, to the owner of the infringed copyright, if such owner was known with a reasonable degree of certainty, based on information obtained in performing the qualifying search;

`(iv) included with the use of the infringing work a symbol or other notice of the use of the infringing work, in a manner prescribed by the Register of Copyrights;

`(v) asserts in the initial pleading to the civil action the right to claim such limitations;

`(vi) consents to the jurisdiction of United States district court, or such court holds that the infringer is within the jurisdiction of the court; and

`(vii) at the time of making the initial discovery disclosures required under Rule 26 of the Federal Rules of Civil Procedure, states with particularity the basis for the right to claim the limitations, including a detailed description and documentation of the search undertaken in accordance with paragraph (2)(A).

`(B) EXCEPTION- Subparagraph (A) does not apply if, after receiving notice of the claim for infringement and having an opportunity to conduct an expeditious good faith investigation of the claim, the infringer–

`(i) fails to negotiate reasonable compensation in good faith with the owner of the infringed copyright; or

`(ii) fails to render payment of reasonable compensation in a reasonably timely manner.

`(2) REQUIREMENTS FOR SEARCHES-

`(A) REQUIREMENTS FOR QUALIFYING SEARCHES-

`(i) IN GENERAL- For purposes of paragraph (1)(A)(i)(I), a search is qualifying if the infringer undertakes a diligent effort to locate the owner of the infringed copyright.

`(ii) DETERMINATION OF DILIGENT EFFORT- In determining whether a search is diligent under this subparagraph, a court shall consider whether–

`(I) the actions taken in performing that search are reasonable and appropriate under the facts relevant to that search, including whether the infringer took actions based on facts uncovered by the search itself;

`(II) the infringer employed the applicable best practices maintained by the Register of Copyrights under subparagraph (B); and

`(III) the infringer performed the search before using the work and at a time that was reasonably proximate to the commencement of the infringement.

`(iii) LACK OF IDENTIFYING INFORMATION- The fact that a particular copy or phonorecord lacks identifying information pertaining to the owner of the infringed copyright is not sufficient to meet the conditions under paragraph (1)(A)(i)(I).

`(B) INFORMATION TO GUIDE SEARCHES; BEST PRACTICES-

`(i) STATEMENTS OF BEST PRACTICES- The Register of Copyrights shall maintain and make available to the public, including through the Internet, current statements of best practices for conducting and documenting a search under this subsection.

`(ii) CONSIDERATION OF RELEVANT MATERIALS AND STANDARDS- In maintaining the statements of best practices required under clause (i), the Register of Copyrights shall, from time to time, consider materials and standards that may be relevant to the requirements for a qualifying search under subparagraph (A).

`(3) NOTICE OF USE ARCHIVE- The Register of Copyrights shall create and maintain an archive to retain the Notice of Use filings under paragraph (1)(A)(i)(III). Such filings shall include–

`(A) the type of work being used, as listed in section 102(a) of this title;

`(B) a description of the work;

`(C) a summary of the search conducted under paragraph (1)(A)(i)(I);

`(D) the owner, author, recognized title, and other available identifying element of the work, to the extent the infringer knows such information with a reasonable degree of certainty;

`(E) a certification that the infringer performed a qualifying search in good faith under this subsection to locate the owner of the infringed copyright; and

`(F) the name of the infringer and how the work will be used.

Notices of Use filings retained under the control of the Copyright Office shall be furnished only under the conditions specified by regulations of the Copyright Office.

`(4) PENALTY FOR FAILURE TO COMPLY- If an infringer fails to comply with any requirement under this subsection, the infringer is subject to all the remedies provided in section 502 through 505, subject to section 412.

`(c) Limitations on Remedies- The limitations on remedies in a civil action for infringement of a copyright to which this section applies are the following:

`(1) MONETARY RELIEF-

`(A) GENERAL RULE- Subject to subparagraph (B), an award for monetary relief (including actual damages, statutory damages, costs, and attorney’s fees) may not be made other than an order requiring the infringer to pay reasonable compensation to the legal or beneficial owner of the exclusive right under the infringed copyright for the use of the infringed work.

`(B) FURTHER LIMITATIONS- An order requiring the infringer to pay reasonable compensation for the use of the infringed work may not be made under subparagraph (A) if the infringer is a nonprofit educational institution, library, or archives, or a public broadcasting entity (as defined in subsection (f) of section 118) and the infringer proves by a preponderance of the evidence that–

`(i) the infringement was performed without any purpose of direct or indirect commercial advantage,

`(ii) the infringement was primarily educational, religious, or charitable in nature, and

`(iii) after receiving notice of the claim for infringement, and after conducting an expeditious good faith investigation of the claim, the infringer promptly ceased the infringement,

except that if the legal or beneficial owner of the exclusive right under the infringed copyright proves, and the court finds, that the infringer has earned proceeds directly attributable to the infringement, the portion of such proceeds so attributable may be awarded to such owner.

`(C) EFFECT OF REGISTRATION ON REASONABLE COMPENSATION- If a work is registered, the court may, in determining reasonable compensation under this paragraph, take into account the value, if any, added to the work by reason of such registration.

`(2) INJUNCTIVE RELIEF-

`(A) GENERAL RULE- Subject to subparagraph (B), the court may impose injunctive relief to prevent or restrain any infringement alleged in the civil action.

`(B) EXCEPTION- In a case in which the infringer has prepared or commenced preparation of a work that recasts, transforms, adapts, or integrates the infringed work with a significant amount of the infringer’s original expression, any injunctive relief ordered by the court–

`(i) may not restrain the infringer’s continued preparation or use of that new work;

`(ii) shall require that the infringer pay reasonable compensation to the legal or beneficial owner of the exclusive right under the infringed copyright for the use of the infringed work; and

`(iii) shall require that the infringer provide attribution, in a manner that is reasonable under the circumstances, to the owner of the infringed copyright, if requested by such owner.

`(C) LIMITATIONS- The limitations on injunctive relief under subparagraphs (A) and (B) shall not be available to an infringer if the infringer asserts in the civil action that neither the infringer or any representative of the infringer acting in an official capacity is subject to suit in the courts of the United States for an award of damages to the legal or beneficial owner of the exclusive right under the infringed copyright under section 106, unless the court finds that the infringer–

`(i) has complied with the requirements of subsection (b); and

`(ii) has made an enforceable promise to pay reasonable compensation to the legal or beneficial owner of the exclusive right under the infringed copyright.

`(D) RULE OF CONSTRUCTION- Nothing in subparagraph (C) shall be construed to authorize or require, and no action taken under such subparagraph shall be deemed to constitute, either an award of damages by the court against the infringer or an authorization to sue a State.

`(E) RIGHTS AND PRIVILEGES NOT WAIVED- No action taken by an infringer under subparagraph (C) shall be deemed to waive any right or privilege that, as a matter of law, protects the infringer from being subject to suit in the courts of the United States for an award of damages to the legal or beneficial owner of the exclusive right under the infringed copyright under section 106.

`(d) Exclusion for Fixations in or on Useful Articles- The limitations on monetary and injunctive relief under this section shall not be available to an infringer for infringements resulting from fixation of a work in or on a useful article that is offered for sale or other distribution to the public.

`(e) Preservation of Other Rights, Limitations, and Defenses- This section does not affect any right, limitation, or defense to copyright infringement, including fair use, under this title. If another provision of this title provides for a statutory license that would permit the infringement contemplated by the infringer if the owner of the infringed copyright cannot be located, that provision applies instead of this section.

`(f) Copyright for Derivative Works and Compilations- Notwithstanding section 103(a), an infringer who qualifies for the limitation on remedies afforded by this section with respect to the use of a copyrighted work shall not be denied copyright protection in a compilation or derivative work on the basis that such compilation or derivative work employs preexisting material that has been used unlawfully under this section.’.

(b) Technical and Conforming Amendment- The table of sections for chapter 5 of title 17, United States Code, is amended by adding at the end the following:

`514. Limitation on remedies in cases involving orphan works.’.

SEC. 3. DATABASE OF PICTORIAL, GRAPHIC, AND SCULPTURAL WORKS.

(a) Establishment of Database-

(1) IN GENERAL- The Register of Copyrights shall undertake a certification process for the establishment of an electronic database to facilitate the search for pictorial, graphic, and sculptural works that are subject to copyright protection under title 17, United States Code.

(2) PROCESS AND STANDARDS FOR CERTIFICATION- The process and standards for certification of the electronic database required under paragraph (1) shall be established by the Register of Copyrights, except that certification may not be granted if the electronic database does not contain–

(A) the name of all authors of the work, and contact information for any author if the information is readily available;

(B) the name of the copyright owner if different from the author, and contact information of the copyright owner;

(C) the title of the copyrighted work, if such work has a title;

(D) with respect to a copyrighted work that includes a visual image, a visual image of the work, or, if such a visual image is not available, a description sufficient to identify the work;

(E) one or more mechanisms that allow for the search and identification of a work by both text and image; and

(F) security measures that reasonably protect against unauthorized access to, or copying of, the information and content of the electronic database.

(b) Public Availability- The Register of Copyrights–

(1) shall make available to the public through the Internet a list of all electronic databases that are certified in accordance with this section; and

(2) may include any database so certified in a statement of best practices established under section 514(b)(5)(B) of title 17, United States Code.

SEC. 4. EFFECTIVE DATE.

(a) In General- With respect to works other than pictorial, graphic, and sculptural works, the amendments made by section 2 shall apply to infringements that commence on or after January 1, 2009.

(b) Pictorial, Graphic, and Sculptural Works- With respect to pictorial, graphic, and sculptural works, the amendments made by section 2 shall–

(1) take effect on the earlier of–

(A) the date on which the Copyright Office certifies under section 3 at least 2 separate and independent searchable, comprehensive, electronic databases, that allow for searches of copyrighted works that are pictorial, graphic, and sculptural works, and are available to the public through the Internet; or

(B) January 1, 2013; and

(2) apply to infringing uses that commence on or after that effective date.

(c) Publication in Federal Register- The Register of Copyrights shall publish the effective date described in subsection (b)(1) in the Federal Register, together with a notice that the amendments made by section 2 take effect on that date with respect to pictorial, graphic, and sculptural works.

(d) Definition- In this section, the term `pictorial, graphic, and sculptural works’ has the meaning given that term in section 101 of title 17, United States Code.

SEC. 5. REPORT TO CONGRESS.

Not later than December 12, 2014, the Register of Copyrights shall report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on the implementation and effects of the amendments made by section 2, including any recommendations for legislative changes that the Register considers appropriate.

SEC. 6. STUDY ON REMEDIES FOR SMALL COPYRIGHT CLAIMS.

(a) In General- The Register of Copyrights shall conduct a study with respect to remedies for copyright infringement claims by an individual copyright owner or a related group of copyright owners seeking small amounts of monetary relief, including consideration of alternative means of resolving disputes currently heard in the United States district courts.

It think this is partially about building a fan base and mostly about taking control of your content. All the legendary photographers have content floating around the internet and there needs to be a place to link everything back. Also, when consumers run into your work somewhere and google you to find out more, there should be a place they can go to see more work and other stuff like buying books or getting a lecture schedule or watching a video interview (you can do whatever, once you’ve got the google juice). Let’s hope the trend continues.

Thanks for the tip Robert Wright.

UPDATE: It appears that the ASMP and PPA are in favor of the bill. Here’s a quote from an email I just received “Making a decision to support any Orphan Works Bill isn’t easy. However, both PPA and ASMP, the only two organizations representing photographers that have actively participated in these discussions, have determined that opposing the proposed House bill would place photographers at greater risk. We believe that supporting the House bill will prevent us from ending up with a law that is far worse.” Visit the ASMP (here).

Here’s the email from the APA:

BREAKING NEWS, May 7, 2008 - The House is meeting today 2:00 p.m. Wednesday, May 7, 2008, 2141 Rayburn House Office Building markup of H.R. 5889, the “Orphan Works Act of 2008″

This means that if you oppose the House Bill as it stands, it is extremely important to make your voice heard before that meeting begins.

At this time, it is understood that the House believes that photographers and other visual artists including their trade associations are in agreement with the current bills. APA opposes both the House and Senate bills as written.

Please take a moment to be heard via a prepared letter of your choice, or by including your own reasoned thoughts in a professional courteous manner.

This link (here) will allow you to be heard.
Scroll down about half way to see “For Photographers”.

It is important to be heard. It is your future.

Martin Trailer
National President

Constance Evans
National CEO

ORPHAN WORKS LEGISLATION IS BACK!

APA’s Position on the Orphan Works Act of 2008

From the onset, APA has been actively engaged in the effort to help solve the orphan works dilemma. We made public our support for the crafting of an amendment that would permit use of verified, i.e. true, orphaned works for certain uses, by way of procedures that are clearly defined in the statute or regulations, while retaining remedies for use by copyright owners in the event of abuse.

APA, in seeking to represent the best interests of its members, takes the position that the legislation offered in both bills — S.2913 and H.R.5889 — does not achieve the goal as we believe was originally intended, and instead provides a distinct road map for the infringement of contemporary works by living artists worldwide. If left unchanged, this legislation has the potential to destroy the businesses and livelihoods of thousands of photographers, other visual artists, as well as the collateral small businesses that serve the industry, and are dependent on, creators.

Therefore, APA is asking its members and all concerned individuals to take action by writing your members of Congress to voice your concerns. PLEASE go to this resource page on Orphan Works for sample letters (scroll down for the photographers’ letters) and the ability to automatically contact your specific members of Congress. Great thanks to the Illustrators’ Partnership for making this site available.

The full text of is available as a pdf download (here).

And both the House and Senate versions of the bill are available as pdf downloads on the APANational.com homepage here

Be informed. Be involved.

Thank you

APA National CEO
Constance Evans

APA National President
Martin Trailer

The National Magazine Awards were last Thursday (here) and the big winners for photography were Gourmet (overall photography), National Geographic (photojournalism) and Vanity Fair (photo essay). I’ll also include Wired who won for design in this group of Ellie (the statue) bastard children because you see the National Magazine Awards are put on by the American Society of Magazine Editors. Yeah, Editors. Up until 2004 there was only one award for photography and then I guess they decided the photography might have something to do with the success of magazines and added photo essay and then photojournalism last year. It’s their award so I guess they can do whatever the hell they want. The only thing I find obnoxious is the editor going up on stage to collect the awards for design and photography.

Now, this Friday we have the SPD awards given by the Society of Publication Designers (here). Yeah, Designers. This is another gala affair where the winners are announced and in the categories where photography is concerned the Creative Director or Design Director will go up on stage and collect the award for you. Not as bad since we work closely with the design department and certainly their contribution to the layout of the photography makes a huge difference. But, if you think photography not surrounded by great design and typography will win an award, think again.

What I should be writing about today is the award ceremony tomorrow night (in between the two so, the Wired photo eds can spend the week in NYC) put on by some society of picture editors where nominations were made and envelopes will be opened announcing the winners of the best covers, portraits, still-lives, photojournalism, fashion, fine art and lifestyle that magazines published last year.

I know we’ve got the PDN Photo Annual and the American Photography book but I’ll be honest with you, I’ve sent a few all staff announcements about landing photography in those books and it’s just not as impressive as WINNING something (”we were selected”). There’s also the Lucie awards but I’m pretty sure that’s just photography in general and more along the lines of lifetime achievement, judging from the ages of the recipients.

So, here’s why I have such an enormous problem with the lack of awards for magazine photography. Awards actually make magazines better. It balances out the commercial pressures and gives you extra incentive to do things you wouldn’t normally do. These awards are incredible resume builders for photo editors and marketing tools for publishers. I’ve put my neck on the line a number of times because I knew the results would not only be great but also might bring in an award or two. An award for Photo Editing would also reinforce what we already know, “the success of certain magazines with advertisers and consumers is directly tied to the quality of the photography.” The CFO needs to know that.

“‘Happy Birthday to You’ is the best-known and most frequently sung song in the world. …However, it is almost certainly no longer under copyright, due to a lack of evidence about who wrote the words; defective copyright notice; and a failure to file a proper renewal application.”

“It also reveals collective action barriers to mounting challenges to copyright validity: the song generates an estimated $2 million per year, and yet no one has ever sought adjudication of the validity of its copyright.”

Read all of it (here).

Via, TechCrunch.