December 21st, 2012

Bowing to Pressure from Users, Instagram Retracts New Terms of Use

Under a continuing barrage of negative feedback, account cancellations, and defections by its users to other photo sharing services, Instagram has withdrawn the most controversial changes to its terms of service agreement. The about-face means that Instagram will not assume the legal right to license users’ photos to third parties without permission.

“Because of the feedback we have heard from you, we are reverting this advertising section to the original version that has been in effect since we launched the service in October 2010,” said Instagram co-founder Kevin Systrom in a statement posted on a company blog late yesterday.

Among the most objectionable terms of service changes proposed by Instagram was a clause allowing the company to license photos to third parties, and also use the photos in advertising, without the knowledge or permission of the Instagram user who posted those images in the first place.

A number of professional photographers, as well as some high profile users of Instagram including National Geographic, announced that they intended to stop using the service because of the proposed changes to the terms of service. Instagram said earlier this week by announcing it had no intention of selling their photos, but that apparently wasn’t enough to calm upset subscribers to the service.

In the meantime, subscriptions to competing services have spiked, according to a report in the New York Times. Flickr’s mobile app has jumped in popularity on the Apple iTunes app chart, and subscriptions to the photo sharing service Pheed have quadrupled in the past week, the Times reported.

Systrom explained in last night’s announcement that after introducing changes to Instagram’s terms of service and privacy policy earlier this week, “it became clear that we failed to fulfill what I consider one of our most important responsibilities – to communicate our intentions clearly. I am sorry for that, and I am focused on making it right.”

So once again Instagram has modified its privacy policy and terms of service. When the latest versions take effect–on January 16, 2013 and January 19, respectively–Instagram will have broad rights to use photos, but only with permission from the contributors.

“You hereby grant to Instagram a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service’s Privacy Policy,” says the latest TOS agreement, which goes into effect January 19. It adds, “You can choose who can view your Content and activities, including your photos, as described in the Privacy Policy.”

The privacy policy that takes effect January 16 says that Instagram “will not rent or sell your information to third parties outside Instagram (or the group of companies of which Instagram is a part) without your consent, except as noted in this Policy.” The exceptions are service providers who “will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms.”

Instagrama also says in the new privacy policy, “We may also share certain information such as cookie data with third-party advertising partners” to deliver targeted advertising.

Users can control who sees the content they post by adjusting privacy settings on their account.

Instagram’s user policies are still subject to change, however, and Systrom hints that there will be more changes to come. Instagram company–which is owned by Facebook, a publicly traded company–is under pressure to earn money.

“Going forward, rather than obtain permission from you to introduce possible advertising products we have not yet developed, we are going to take the time to complete our plans, and then come back to our users and explain how we would like for our advertising business to work,” Systrom told users.

Related:
Photographers Balk at Instagram’s New Terms of Use
Now That We Know Instagram Isn’t a Charity, What Would You Be Willing to Pay?

December 19th, 2012

Now That We Know Instagram Isn’t a Charity, What Would You Be Willing to Pay?

In the wake of a hue and cry over Instagram‘s proposed changes to its terms of service, the company has announced it will remove language that would have given Instagram rights to use photos in advertisements. Yet the protests continue, with some high profile users suspending their use of the service or shutting down their accounts altogether.

It’s worth asking what, if anything, individual photographers (and big publishers such as Time, National Geographic, and others) are willing to pay to use Instagram. $10 per year? $25? $100? Even more? And what would photo editors, curators, art directors and others pay for their use of the service to scout talent and review work?

Instagram announced changes to its terms of service on Friday so it can monetize the service by using the pictures and personal data of users to generate advertising dollars. Presumably Instagram would use the content and data to deliver audience and eyeballs to advertisers.

The details of how that would work are opaque, but their push to monetize the service isn’t irrational: they’re looking for a return on their investment, and for compensation for their creativity, risk, and operating costs, just like any other business.

It is hard to argue that they would be exploiting Instagram users by doing away with free service. After all, Instagram provides users with undeniable benefits: a compelling service, with innovative features, the opportunity for a creative outlet, the benefits of community, and bandwidth–all free of charge.

Rather than charge usage fees, though, Instagram is effectively trying to barter its services for its users’ data and intellectual property. It obviously made the mistake of pressing for too much.

But there’s almost certainly a level of exchange that most Instagram users would be comfortable with. Facebook’s popularity suggests that users–including many photographers–are willing to barter personal data and intellectual property for a
desirable service. And flickr, a service that some Instagram defectors are considering, charges $25 per year for pro accounts (regular accounts are free, but bandwidth is restricted).

Ultimately, the brouhaha over Instagram’s proposed terms of service boils down to a marketplace negotiation over a fair price for a service, with both sides testing their bargaining strength to start. In the end, photographers (and other Instagram users) will have to pay something.

We’d like to hear from our readers who have used Instagram: How much would you be willing to pay per month or per year or per upload to use Instagram? Or, if you prefer that the service remains free, what new service terms would be acceptable? Would you stay with Instagram if they sold just your user data to advertisers? Would you stay if they licensed or otherwise used your photos to help their advertisers? What’s your deal breaker with Instagram?

Related story: Photographers Balk at Instagram’s New Terms of Use

December 18th, 2012

Ilford Fortifies B&W Film Business With Investment In Cassette Manufacturing

Harman technology, LTD, the company that owns Ilford Photo, has invested more than £350K (568,645 US Dollars) in creating its own 35mm film cassette manufacturing facility, the company announced today.

Maintaining a reliable supply of cassettes from external suppliers has been “problematic,” the company said in its announcement.

“This is just another example of our ongoing commitment to traditional monochrome photography,” Harman Managing Director Peter Elton said in a statement. “We are now able to manufacture our own cassettes and this gives us, and our customers, improved security for the future of film production.”

December 14th, 2012

Mila Teshaieva Wins Critical Mass Book Award

Ruins of a luxury Soviet restaurant near Baku. © Mila Teshaieva

Ruins of a luxury Soviet restaurant near Baku. © Mila Teshaieva

Today Photolucida, the non-profit photo organization, announced that Mila Teshaieva won the 2012 Critical Mass Book Award for her documentary series “Promising Waters,” which explores the present-day identity of Azerbaijan, Kazakhstan and Turkmenistan, three countries located along the Caspian Sea. Her project will be published as a photo book by Photolucida and German publisher Kehrer Verlag.

The Berlin-based photographer notes on her website that the countries she has photographed “have emerged from the wreckage of the Soviet Union with immense oil and gas reserves and the enormous challenge of defining themselves as independent nations.”

The winners of the two Critical Mass Solo Show awards were announced as well. Blue Sky Gallery in Portland, Oregon, will exhibit Tamas Dezso’s “Here, Anywhere.” This series also focuses on a former Eastern Bloc country, though the subject matter is the photographer’s native Hungary. The second Solo Show was awarded to Heidi Kirkpatrick of Portland, Oregon. Her work turns photography into sculpture and will be exhibited at The Center for Fine Art Photography in Fort Collins, Colorado.

Each year Photolucida holds the Critical Mass competition, which permits photographers of all levels to submit a ten-image portfolio for consideration. A committee of approximately 20 jurors selects 200 finalists from all of the submissions, which are then voted on by over 200 members of the photo community. Past Critical Mass Book Award winners have included Jeff Rich, Birthe Pointek, Alejandro Cartagena, Donald Weber, Amy Stein, Peter van Agtmael and Louie Palu.

Related Articles:
PPE 2012: What Photo Editors Want
2011 Critical Mass Top 50 Announced
2010 Critical Mass Book Award Goes to Jeff Rich

 

December 14th, 2012

Stanley Greene Wins 2013 Aftermath Grant

Stanley Greene has won the 2013 Aftermath Grant for his proposal to create a new project, “The Rise of Islam in the Caucasus,” The Aftermath Project organization announced today. The Aftermath Grant, worth $20,000 in 2013, supports photographers whose work addresses the legacy of conflict.

In making the announcement, The Aftermath Project noted that Greene is the first “conflict photographer,” as Greene is widely known, to win an Aftermath Project grant. Greene is a member of the photographer collective NOOR Images.

Finalists for the grant include Gwenn Dubourthoumieu, who is pursuing an ongoing project about sexual violence in the Democratic Republic of the Congo; Boryana Katsarova, who is working in post-conflict Kosovo, concentrating on the city of Kosovska Mitrovia; Isabel Kiesewetter, who is working on a project that investigates how former military bases in East and West Germany are presently being utilized; and Martino Lombezzi, whose project examines the impact of the border fence between Lebanon and Israel has on local populations.

Greene’s proposal and those of the finalists were selected from 234 entries from around the world.

The first round of judging for the grant was completed by Aftermath Project Founder Sara Terry and Aperture editor Denise Wolff. Terry and photographers Nina Berman and Eros Hoagland selected the winner and finalists.

The 2013 Aftermath Project grant is supported by The Foundation to Promote Open Society.

Related: Anatomy of a Successful Grant Application
$20,000 Aftermath Project Grant for 2012 Awarded to Andrew Lichtenstein
Look3 Report: Stanley Greene on Luck, Film and Supporting Young Photographers
Eros Hoagland Wins $20K Grant for Conflict Photographers

December 14th, 2012

Open Society Announces 2012 Audience Engagement Grant Winners

The Open Society Foundations (OSF) has announced the winners of its 2012 Audience Engagement Grants. The annual grants, which vary in dollar amounts, support documentary projects that propose to go beyond using photography to raise awareness of issues, and “take a more direct role in making change happen.” Each photographer partners with an organization to present the work to new audiences and engagement them in effecting political or social change. For the first time in the history of the grant, all the projects are located in the United States.

The 2012 winners are:

Emily Schiffer, in partnership with the Center for Urban Transformation and Magnum Foundation:
“See Potential” (Chicago, Illinois)
“See Potential,” profiled in PDN’s Community issue (see “Helping Communities Speak for Themselves: See Potential”) uses banners created using documentary photographs captured in South Side neighborhoods to promote four urban revitalization projects in the Englewood and Bronzeville neighborhoods. Neighbors are asked to show their support for the projects via text message.

Robin Bowman, in partnership with The American Teenager Project: “The American Teenager Project” (Richmond, California)
Robin Bowman will work with local arts organizations, high schools, and advocacy groups in Richmond, California—such as Community Leaders Organizing Undocumented Dreamers (CLOUD) to create an exhibition, curriculum and storytelling workshops, and a program to train youth and teachers to be ambassadors for the program who will stimulate youth engagement on civil and human rights issues.

Joseph Rodriguez, in partnership with New America Media: “Re-entry Stories” (Richmond and San Jose, California)
Joseph Rodriguez will train journalism students and youth reporters fro Santa Clara University and the University of California, Berkeley, as well as reporters from New America Media’s youth media hubs to sensitively and accurately document the stories of people re-entering society after incarceration and create multimedia presentations. Their work will be featured alongside Rodriguez’s “Re-entry in Los Angeles” and shown at forums to strengthen advocacy for criminal justice reforms in California.

Jon Lowenstein, in partnership with Trans-Border Institute: “Escondido en Escondido” (Escondido, California)
Jon Lowenstein will provide faith leaders and religious youth groups in Escondido, California, with tools and training to document and address immigration issues and promote community integration. The resulting images will be combined with Lowenstein’s “Shadow Lives USA” and distributed in Escondido as a newsprint handout; additional content will be available to readers using an augmented reality browser, Junaio.

The winning proposals were selected this year by Claudine Brown (former Director of the Arts and Culture Program, Nathan Cummings Foundation and currently Assistant Secretary for Education and Access, Smithsonian Institution); Stephen Ferry (photographer and past Audience Engagement Grant recipient); and Wendy Levy (co-founder, Sparkwise and Senior Strategist, Tomorrow Partners). Fred Ritchin (Professor, Photography & Imaging, Tisch School of the Arts, New York University).

Related Articles:

Anatomy of a Successful Grant Application: Jon Lowenstein’s Guggenheim Fellowship

AmericanPoverty.org: Addressing America’s Invisible Problem (founded by Steve Liss and Jon Lowenstein)

Helping Communities Speak for Themselves: See Potential

December 12th, 2012

Obituary: Photographer Chayo Mata, 50

© Chayo Mata. A self portrait.

© Chayo Mata. A self portrait.

Beauty and fashion photographer Chayo Mata, whose clients included All You, In Style, Lucky, Natori and Neiman Marcus, died November 27 in New York. She was 50. The cause of death was breast cancer, according to her longtime companion and business partner, Mauricio Soto.

Born in San Antonio, Texas, Mata first learned photography from her father, whom she described as a “weekend photographer” of weddings and events. She studied at East Texas State University and, after working in Dallas, she moved to New York City where she assisted fashion photographer Steven Meisel. After she launched her own career, she shot both photos and film for editorial and advertising clients.

In an interview with Photoserve earlier this year, photo editor Mercedes Vizcaino of All You described Mata as “my go-to photographer for shooting interiors, usually in studios, around New York City.” Vizcaino said, “Not only does she produce great imagery, she brings a wealth of ideas on how to execute our productions to get the best results.”

First diagnosed with cancer in 2008, she devoted time and talent to helping groups that support breast cancer survivors, including Cook for Your Life and the Pink Daisy Project, in their fundraising. She frequently featured resources for breast cancer survivors on the blog she started, persephonesbeautyblog.com.

December 10th, 2012

A Stock Agency is Actually Raising Its Royalty Rates. Why?

London-based stock photo distributor Image Source has announced that it will pay a higher royalty rate–60 percent, compared to its usual 40 or 50 percent–for all images it accepts from its US contributors from now through December 31, 2013.

Could the pendulum in the moribund business of stock photography be swinging back, more than a decade after stock distributors began cutting royalty rates? One promotion doesn’t make a trend, but the Image Source promotion got our attention because stock prices and royalty rates have fallen so far, that few photographers are producing rights managed stock anymore. There’s simply not enough money in it.

So why is one agency raising royalties? Image Source CEO Christina Vaughan says, “We are on a mission and that is to get all professional photographers excited about stock again when all we ever hear is about microstock, agencies cutting their margins and general doom and gloom.”

The company’s recent acquisition of Cultura, a Euro-centric stock photo agency also based in London, provided Vaughan with the impetus to encourage rights managed stock production in the US. “I thought it would be a great opportunity for us to reinvest in the premium space and demonstrate to great photographers that great photography still has a place.”

Vaughan says Image Source is trying to encourage production in the US market in particular because the agency needs to update its rights managed images for that market. The timing is also right, because now that the US presidential election is over, Vaughan says, “we are anticipating growth and renewal in the US and we want to ensure our collection continues to be on the pulse, creatively and commercially.”

US contributors will be paid 60 percent royalties for the lifetime of all images accepted from December 1, 2012 until December 31, 2013. Images produced prior to December 1 paid royalties ranging up to 50 percent. The agency will revert to those lower rates starting in 2014.

The question now is whether other distributors will make similar offers to refresh their own rights-managed collections–and keep their best contributors from defecting to Image Source.

December 7th, 2012

Sipa Wins Reprieve to Find New Owner

A French court has decided to put Sipa Press under bankruptcy protection while the photo agency searches for a new owner, according to a report today in Le Journal de la Photographie.

Sipa Press, which was founded in 1973 and has been the French distributor for AP, Rex Features and other international agencies, faced the possibility of a court order to liquidate its assets after it declared bankruptcy in late November. The legendary photo agency was forced to file bankruptcy after its parent company–DAPD, a German media company–ran out of money and declared bankruptcy on October 2 in Berlin.

Two other French-based subsidiaries of DAPD that declared bankruptcy with Sipa Press have been forced to liquidate, Le Journal de la Photographie reports. More details are available on their web site.

Related stories:
Sipa Press Files for Bankruptcy
Sipa Press Founder Goksin Sipahioglu Dies

December 6th, 2012

Call for Entries: European Publishers Award for Photography

The five publishers responsible for the European Publisher’s Award for Photography are now accepting submissions for their 2013 competition. The award, which gives one photographer the opportunity to publish a book with publishers in France, Spain, Great Britain, Germany and Italy, celebrates its 20th anniversary in 2013.

Past winners include Bruce Gilden, Simon Norfolk, Paolo Pellegrin, Jacob Aue Sobol, Davide Monteleone and, most recently, Alessandro Imbriaco.

The five publishers who give the award are: Actes Sud (France), Blume (Spain), Dewi Lewis Publishing (Great Britain), Kehrer Verlag (Germany) and Peliti Associati (Italy).

The competition is open to photographers worldwide. The deadline for submissions January 31, 2013. For rules and entry instructions see Dewi Lewis Publishing’s site here.