The Strange Case Of The Modeling Polaroid

contra-vampire-weekendLast month Vanity Fair had a web exclusive on a fascinating story over a disputed model release. The ultra-hip band Vampire Weekend, who perform their concerts in Ivy League-style getups, seemed to have stumbled upon the perfect image for their new album Contra. Months before the debut on January 12th this year, a photograph of the ultimate prepster: blond hair, blue eyes, popped collar, made its way around the internet linking to a site called, I Think Ur a Contra. When the album finally dropped the picture was the cover and became an integral part of the bands website and tour.

How they acquired the Polaroid is where this story gets fascinating. According to the band they bought it off New York photographer and filmmaker Tod Brody for $5000. He says that he took the photo in the summer of 1983 during a casting session for a television commercial. But, Vanity Fair has an interview with the model, Ann Kirsten Kennis, who alleges that the photograph was instead taken by her mother and somehow picked up by Brody. According to VF she has a similar looking Polaroid of she and her sister framed in her house. Ann, apparently tired of seeing her picture plastered all over the place filed a $2 million misappropriation-of-image lawsuit in LA against Vampire Weekend, Tod Brody, and the band’s London-based label, XL Recordings.

But, here’s where it gets real interesting. According the Vanity Fair:

“If the Contra case does go to trial, the outcome could hinge on a key document: a model release form that appears to be dated July 30, 2009. (The date is crossed out and re-written.) The form is from Vampire Weekend Inc. to someone named “Kirsten Johnsen” (spelled “Johnson” elsewhere on the form), who signed her permission for the band to use her image for a fee of $1. The form contains no mention of Brody, but it does include an address named in the suit as Brody’s residence. No release form from the 1980s has yet been presented in court.”

To me this is a clear example of a photographer providing a model release where one didn’t exist and having it blow up in his face. $5000 bucks in the pocket from an old casting picture that nobody will notice… To make matters worse, there is an entire website dedicated to uncovering Tod Brody as a fraud: http://www.todbrodyfraudblog.com. This is not looking good for Tod. My guess is that this thing will be settled out of court and we will never know what really went down. What’s interesting to me this idea that companies are somehow responsible to fact check a release that’s given to them. I’m sure there’s some legal precedent that could be established if this goes to trial or maybe it already exists. Either way it’s a fascinating story to read.

Telluride Photo Festival

There’s a Photography Festival in Telluride, Colorado happening this week. I’ll be there Friday and Saturday doing some portfolio reviews, giving a couple seminars and hanging an outdoor exhibit. If you’re going to be there as well stop by and say hi. The boys from PhotoShelter will be around as well as the PhotoAttorney so it should be a good time. I’m excited to see the work of Robert Glenn Ketchum and hopefully meet him as well. This is the first year of the festival and I’m looking forward to this turning into a significant event for the photo community in my neck of the woods.

Picture 6

I had nothing more to say in photographs

“Ninety-nine per cent of my work was advertising and crap. The people who were hiring me I didn’t like. Keeping a civil tongue up the rectum of a society that keeps you paid is an art which I was devoid of. I had nothing more to say in photographs. I’d taken all the snaps I needed to take. Maybe I didn’t think I was good enough.”

–Brian Duffy

via The Independent and Colin Pantall

Ask Anything – Tips For Finding An Agent

Former Art Buyers and current photography consultants Amanda Sosa Stone and Suzanne Sease have agreed to take anonymous questions from photographers and not only give their expert advice but put it out to a wide range of photographers, reps and art buyers to gather a variety of opinions. The goal with this column is to solicit honest questions and answers through anonymity.

QUESTION:

I love reading your posts and have found your list of reps a wonderful resource! After researching many of the reps who specialize a bit more in studio and live music photography, I have found a few I would love to contact with my work. Can you give some advice for writing interesting and attention-grabbing query letters? Maybe even some “do’s and don’ts”? I express myself best visually and sometimes find it very difficult getting my point of view across in written form, this maybe a common sentiment for visual artists… any points in the right direction would be most appreciated!

Also, the main rep in which I’m interested lists no submission information on their website, can you also give any hints as to the best way to contact them. I have seen where some agencies ask for an e-mail with 5 images attached, while others may want a mailed submission with a burned disc of images. Is there a general rule of thumb for contacting agencies with no guidelines listed?

Amanda and Suzanne:
Agents are a sought after. They can make your business boom, but you have to be ready for what they can do for you and also be ready for what they need from you. Photographers often think “once I have an agent I can relax.” This is false. You still have to give 110% outside of your agent’s efforts.

ANSWERS:

PHOTOGRAPHER’s AGENT:
For Email submissions:
-Be brief in your introduction- a couple short paragraphs should suffice
-Always attach a hot link to your website
-Send images in the body of the email so that they are visible without requiring any attachments to be opened. If you want to send an additional attachment with a short pdf of your portfolio or of a specific body of work you are proud of that is fine, but don’t only send an attachment that needs to be opened. As a rep agency we receive many emails from photographers and it’s important to get a quick visual of the photographer’s work to see if the quality of work is high and if the subject matter is applicable to what our agency represents.

-Let your personality come through in your introduction and tell us why you feel your work would be a good fit for our agency within the group as a whole, this is very important. If you are truly interested in us tell us why, otherwise your email may come off as bland, generic and not tailored to our specific company.

-After sending out an email follow up with a quick phone call. Be brief. Remind me that you recently sent me an email with your work/your website etc. and give me a little bit of information about yourself that you think is important then leave it at that. In case your work is not to my liking I don’t want to have a 10 minute conversation with you.

-If we are interested in you and we tell you this: be persistent and stay in touch with us. If you feel strongly that you are right for our agency and have good reasons as to why you are a perfect fit you may just convince us of this-even if we aren’t looking to add anyone to our roster.

For Mail Submissions:
-One of my favorite mail submissions was a small beautiful book/portfolio piece that was specifically made to act as an introduction to potential future reps. The book had a short intro about the photographer’s background and included a statement that surmised how he felt that the choice of a new rep was a very important decision, one that warranted a nice printed sample. The book was printed on high quality fine art paper and contained an overview of what the photographer specialized in-basically a short 10-15 page portfolio. The binding was simple, thread I think, something that the photographer could have done himself. I felt as though I had received a special book that had only likely been sent to a few select reps.

-Please do not repeatedly send printed materials if you don’t receive a response from me. I once had a photographer send me an 8 x 10 print every month or so for at least 6-8 months, and unfortunately the work was not to my liking at all. While I appreciated the photographer’s persistence, I felt that he was wasting his energy since we were not interested in him.

-Only unusual printed promotional materials stand out. I normally toss standard postcard style printed promos. I do however consider holding onto them if the image is really spectacular or if the paper is high quality.

-I probably would not look at a disc of images if one was sent to me in the mail, so I wouldn’t go through the trouble of doing this. If we are very interested in a specific photographer we may ask them to send their printed portfolio, but most of the time a photographer’s website provides enough information about their work and whether or not we’d be interested in representing them.

PHOTOGRAPHER’s AGENT:
Do:
Introduce yourself as an artist looking for representation & include no more than 5 lo-res samples & a link to additional work, your site, blog, etc. Good work will speak for itself. If the agent is not looking to add an artist at the moment, ask if you can add he/she to your mailing list to keep them up-to-date on your work.

Don’t:
Write lengthy emails or call to see if we’ve been to the site yet. If an agent loves the work & wants to learn more they’ll call you to schedule a time to speak further. Don’t get discouraged, keep producing fantastic work & keep trying. The right fit will happen when it’s meant to.

PHOTOGRAPHER’s AGENT:
What we look for is professionalism and glimpse of the artist’s personality in the correspondence we receive.

Of course, the imagery is the first and foremost thing we are looking at but an agent needs to know that the photographer can communicate in writing as well.

My bullet point suggestions are:
1. spelling and grammar must be correct
2. keep the inquiry short and to the point
3. let us know why you are interested in our group, what you need most from an agent at this point in your and perhaps how you see your work fitting in with the existing roster of talent
4. share a bit about your photography background and experience
5. if you’ve worked with any well known art directors or clients be sure to mention them

We like to have a pdf attached with around 5 pieces that represent the work the artist is most excited about creating.
We also like them to include a link to their website so we can get a good overview of their photography and the artist’s current branding.

PHOTOGRAPHER’s AGENT:
We do not currently have a submission policy. And due to the high volume of submissions, I personally deflect unsolicited emails that come directly to me to our photo editor to review. Occasionally a printed piece that arrives in the mail catches my eye, but my best advice is to network and actually get referred to our agency. For example, speak with a favorite client and ask them for a contact at the agency. The best rep agencies will know most clients. I am not suggesting your client contact us on your behalf, but I am more likely to read a letter that starts with “so-and-so art buyer from McCann suggested I contact you about representation.” We greatly value the opinions of our clients.

To Summarize:
All different points of entry to finding an agent. Keep trying and find the right solution that best represents you. You will find the perfect match if it’s meant to be. Of course, some times you have to try on a few to find that match.

Call To Action:
If you are looking at getting an agent – write a list of clients you love and respect (and vice versa) and ask them for recommendations. Make a list of agents you would like to approach as well (use the workbook.com) and seek people who have a talent pool you respect (not just name, but style).

If you want more insight from Amanda and Suzanne you can contact them directly (here and here) or tune in once a week or so for more of “Ask Anything.”

up to 40% of sales could be on iPad

Nicholas Coleridge, the managing director of Condé Nast UK, has predicted that in the future as many as 40% of the publisher’s sales will come from apps for Apple’s iPad and similar devices.

via guardian.co.uk.

5 Questions For Jennifer Pastore, DOP Of Teen Vogue

JENNIFER_PASTORE1. Can you tell me how you became Photo Director at Teen Vogue?

I started out as a graphic designer, working freelance for several years and ended up working on the first few issues of T: The New York Times Style Magazine. I was fortunate enough to be given the opportunity to try photo editing for the magazine and I found that I enjoyed it more than design. After four years or so, I moved to Teen Vogue to be the Photo Director.

2. Who are your go-to photographers for the magazine?

TEEN_VOGUE_SEPT_2010_COVERWe work with several photographers who have been shooting for Teen Vogue and Vogue for years including Patrick Demarchelier, Arthur Elgort and Raymond Meier. Some other favorites include Daniel Jackson, Jason Kibbler, Sebastian Kim and Bruce Weber. For portraits we love Paul Jasmin, Tina Tyrell, Abbey Drucker, Poppy de Villeneuve and so many others. More recently, we have started to work with Alasdair McLellan, Ben Weller, Miles Aldridge and Paul Wetherell.

3. Where do you find new talent?

I spend a lot of time looking at magazines, gallery shows, student shows, reading blogs and looking at the portfolios that are sent in. Agents are also a great source of new talent, they often have a good sense of what will work well for the magazine.

4. What’s the best way for photographers to introduce you to their work?

The best way for photographers to introduce their work is to send in their book or a link to their website.

5. Do you have any advice for aspiring photo editors on how to break into the business and what makes a good photo director?

I would say that internships are great ways to start to build contacts and to learn how magazines work. The most important thing for an aspiring photo editor is to look at as much photography (and art, video etc.) as possible while simultaneously trying to meet people in the industry to build up a network. Photo editors need to have a strong contact base as well as a knowledge of what is going on in the world in general. I think that a good photo director should be able to remain calm in difficult situations (often with very difficult personalities) and work with the inevitable challenges that arise in photo shoots, including tight budgets and deadlines. It is also important to be able to put together a strong team which requires a good knowledge of the industry and an ability to identify talent.

Photographed by by Alasdair McLellan, styled by Havana Laffitte
Photographed by by Alasdair McLellan, styled by Havana Laffitte
Photographed by Miles Aldridge, styled by Lawren Howell
Photographed by Miles Aldridge, styled by Lawren Howell

Microstock Unsustainable According To iStockphoto

A recent announcement by the COO of iStockphoto that pay cuts were in order for their contributors because, “as a business model, it’s simply unsustainable“was met with a hailstorm of anger from their contributors on the forms (here). You can read an excellent write-up on the whole ordeal at Jeremy Nicholl’s, The Russian Photos Blog. It’s not really a topic I’m interested in, but what really caught my eye was the bit of schadenfreude pro photographers must be feeling about the whole deal, indicated by this post in the iStockphoto forum:

“All of you have been so happy to undercut traditional stock photography, copying the best selling images, shooting every hamburger you ever ate, and now that the traditional photographers (often derided as ‘trads’ by you) have come in to beat you at your own game, you’re shocked- yes, shocked!- to find out that this is a business, not a little happy family giving each other muffins and logrolling in the forums. Well, welcome to the real world- the one that you made for yourselves. 145 pages of whining and wanting things to go back to the way they were- it’s so pitiful. Face it. You aren’t going anywhere. You are going to stay here, and do what the man says. You are getting the bed you made yourselves, so go lie in it. Or go back to what you do best- arguing over the color of your little ribbons.”

Trying to be the cheapest is a miserable business to be in.

istockanger

Thx for the tip John.

It’s gotten a little tougher

A lot has changed with the recession and the general downturn in advertising, so the rates have dropped dramatically. For someone like me it’s pretty much stayed the same except there’s less work. Because I would consider myself the B- range, and there are a lot of A guys that are doing work now they wouldn’t have touched three or four years ago. They’re doing detergent commercials. I’m bidding against people that, and it blows my mind. I bid against David Mamet. And I’m just like, are you kidding me? I’m bidding against a literary icon? It’s like, if I were an agency and I had the choice between David Mamet and me, I’d be working with David Mamet, just because then they can walk around saying that they worked with David Mamet. So that’s why it’s gotten hard at an entry level.

via The F STOP

The September Issue – Live

Ok, this is pretty funny and weirdly interesting. Glossed Over “live blogged” her reading of the September issue of Vogue:

10:37 a.m.: Nearly 200 pages in and I’m not even all the way through the table of contents. More coffee, please.

11:14 a.m.: Has Bebe stopped selling shirts? I ask because neither of the models in their ad are wearing one.

11:49 a.m.: So I’ve never read any of Franzen’s books, but this quote is unwittingly trenchant commentary about Vogue:

“We’re unprecedentedly rich and free; why is everyone so miserable?”

For real.

Read it (here)

septissue

Photographers And The Law

It seems to be an open secret that terrorists use photography to plan an attack. I’m simply basing this on the rising number of incidents where photographers who are following the letter of the law are harassed by security and/or police for photographing our transportation infrastructure. Miami journalist Carlos Miller does a good job documenting the incidents over on his blog Photography is Not a Crime and it seems like the national media is starting to take notice as well with stories in the Washington Post, NY Times and on the NY Times Lens Blog.

Over on the Black Star Rising blog, David Weintraub has an excellent post explaining the rights of photographers:

The First Amendment gives photographers and videographers almost unlimited freedom to make images in public places. This includes every place from Wall Street to Main Street — streets, plazas, parks, bridges, shopping malls, industrial parks, city-owned airports, and transit systems.

OK, public places are fair game, but what about people? As long as they are in a public place, you can photograph or video to your heart’s content. This includes politicians, celebrities, police officers, and ordinary people.

Well worth the read and considering your chances of running into someone who doesn’t understand the first amendment it’s worth becoming an expert on the subject to help educate them and stop the misinformation going around.

You’re Going To Be Fine

Accept that things will go wrong. When it’s your fault, take the blame, fix it as best you can and apologize. Don’t let it happen again, but don’t beat yourself up over it.

Accept that there are going to be challenges, that you’ll need to do things you’ve never done, learn things you’ve never understood. But you’ll learn them. You’ll work hard at it and, as long as you didn’t promise the insane, you’ll get it done. And if you can’t, hire someone who can and relax.

via Retinart.

A Photographer’s Life Is A Juggling Act

Photographer Ken Jarecke has a guest column over on the blog Tiffinbox where he gives us a brutally honest look into the life of an editorial photographer. His lack of motivation for making pictures over the last couple years stemmed from the constant worry and struggle to pay the bills.

It’s sad, because I didn’t become a photojournalist to get rich (I was never that crazy or misguided). I’m ashamed because much of my money problems were the direct result of poor or stubborn decisions that are completely my fault.

[…] Over the past few years, we’ve cut expenses, and eliminated most of the extras that come with family life, in my vain attempt to reinvent the editorial market and make things right.

A medical emergency with one of his children snapped him back to reality:

Ironically, being in this powerless situation has seemed to heal me also. I have no cares about my reputation, or my standing in the photography world. I should be totally freaked about the medical bills (on top of everything else), but instead they just don’t seem important. I just want to be a better dad and husband (I thought I always was, but I didn’t give any thought to the huge burden I had placed on my family).

Strangest of all, I also want to make some really good pictures. Go figure.

Read the whole thing (here). If you want to lend a hand and buy a print go (here).

There’s still a giant smoldering crater where editorial photography used to exist. And, while I’m still optimistic about the future need for high quality editorial photography this serves as a gut check for the difficult road ahead.