The Royal Family is really getting into social media: in addition to their YouTube channel, Twitter, and series of iTunes podcasts, the Family now has a Flickr account which went live to the public this morning. Currently, the British Monarchy’s photostream contains 683 uploads of both recent and older historical photographs. According to an announcement from the Royal Collection, photos will be continually added to the account. The Flickr account launch was scheduled to coincide with the summer opening of Buckingham Palace. Some of the images featured on the photo-sharing site are to be featured in the exhibit, The Queen’s Year, which opens tomorrow at the Palace.

Earlier this month, the Daily Mail published some photos taken at a Dalston polling station during the British General Election by Emily James of Just Do It.

James’ photos were originally uploaded via TwitPic. Later, they were republished on several other sites, including The Guardian and Times Online, initially without permission or compensation. However, The Guardian and Times both offered James retroactive compensation. The Times offered £250 for using one photo, along with a brief emailed apology for using the image without permission.

The Daily Mail, however, initially incorrectly credited the image to someone else, then removed the credit line altogether.  James sent them with an invoice for £1170 — a rate set at £130 and multiplied by three per image to compensate for their lack of knowledge or permission.

The picture editor at the Daily Mail responded, saying:

Thanks for the invoice.

Unfortunately we cannot pay the amount you have requested, these images were taken from twitpic and therefore placed in the public domain, also after consultation with Twitter they have always asked us to byline images by the username of the account holder.

We are more that happy to pay for the images but we’ll only be paying £40 per image.

James, aware of the difference between TwitPic and Twitter Terms of Service, responded to the Daily Mail:

I’m afraid that you are wrong about the terms of publishing on Twitpic. If you read the terms of service you will see that copyright is clearly retained by the poster:

http://twitpic.com/terms.do

Third parties who wish to reproduce posted images must contact the copyright holder and seek permission.

You should have contacted me if you wanted to use the photos, as every other news outlet did. had you done so, you might have been in a position to get the photos for £40’s each.

However you didn’t contact me, even though this would have been very easy to do, nor did you inform me that you had used them. Instead, I had to uncover that you had used them, that one of them was not credited even with the correct twitter account, and that none were credited as I would have asked them to be.

James and the crew at Just Do It Films say they are still waiting for full payment and an apology.

This seems to be a similar issue that photojournalist Daniel Morel has with news agency AFP over whether images distributed over TwitPic and Twitter warrant free public distribution.

(via British Journal of Photography)

Kodak made the surprising announcement today that their Chief Marketing Officer Jeffrey Hayzlett is resigning on May 28th to “pursue personal projects.”

Hayzlett recently authored a book on his experiences with marketing and brand-building, called The Mirror Test: Is Your Business Really Breathing?, which he has been actively promoting on a tour and Twitter over the last few months.

Hayzlett, who has been with Kodak since April 2006, is known for his accessible public presence, especially on Twitter. Though Hayzlett was often criticized for his over-sharing, strong persona via social media, he said that sharing his knowledge, especially about his use of social media as a tool, is key to his success in bringing Kodak back into the public eye.

The CMO has more than 21,000 followers, and has used the social media site to engage with customers, sometimes with literally biting exchanges. In an interview with the Huffington Post, Hayzlett said:

“I’ve had in the corporate world my public relations, community relations people walk up to me and say Jeff, I don’t think this is appropriate that you wrote “Bite Me” to this guy. I look at them and I go, well that’s who I am. The guy said something very offensive, he had no right to say it, I’m sorry. They say well please be nicer, so now I write “Please Bite Me”.

Kodak says Hayzlett will be involved with the company through August as he transitions out.

Even as Hayzlett is leaving, Kodak is sticking to developing its online presence by launching a new photo sharing website, Kodak Moments.

Photos and videos, along with captions, can be uploaded to the interactive community site. Users then tag the photo with a certain emotion. User-submitted photos can be browsed by emotion, and other viewers can tag them with emotions they feel in response. The site also has “Moments,” which are official events by Kodak, such as the Burton US Open, Celebrity Apprentice, and the People’s Choice Awards.

Kodak Interactive Marketing Manager, Mike Mayfield said that images uploaded will be displayed in email newsletters, marketing, Times Square Billboard, and other marketing outlets.

Some photographers may be uneasy with uploading, since the rather broad Terms of Service currently states:

In consideration of acceptance of my submitted photo, video and/or story (“Contribution”) as part of KODAK Moments, I hereby grant Kodak, and others with Kodak’s consent, the right to edit, copy, distribute, publish, display and otherwise use the Contribution for purposes of the KODAK Moments program without attribution, consideration or compensation to me, the photographer, my successors or assigns or any other individual or entity.

Mayfield responded to the concern, saying:

Kodak has great respect for the rights and use of images we receive. Images submitted to the KODAK Moments website will only be used in the context of promoting the KODAK Moments program. The language in the terms of service stating it could be used for any advertising or publicity is an oversight and we are correcting the terms so that language is removed. We have received some wonderful submissions and if we do decide we would like to use those images outside of the KODAK Moments program, we will reach out and obtain permission from the photographer before doing so.

So it sounds like Kodak still has to hash out some legal jargon, but at least they’ll ask your permission before running specific photos in their ads, albeit possibly without attribution.

(via PDN)

Photojournalist Daniel Morel shot an iconic image of a shocked woman looking out from the rubble moments after last January’s earthquake in Port au Prince, Haiti. Within an hour, Morel jumped on Twitter to share 13 high resolution images he had uploaded on Twitpic. By the next day, the photo of the woman was picked up by Agence France Presse (AFP) and Getty Images, was run on the cover of several publications and websites.

But Morel said he never authorized the news wires to distribute his images. In fact, several of his images were credited to another person, Lisandro Suero of the Dominican Republic, who reportedly has no photographic background. However, Suero tweeted Morel’s images without the photographer’s permission, and claimed copyright as his own:

And so began a legal storm.

Now Morel is being sued by AFP after he sent them cease and desist letters that the agency calls an “antagonistic assertion of rights.”

According to court documents, AFP claims that they did not infringe on Morel’s copyright and is suing Morel for “commercial disparagement,” as well as “demanding exorbitant payment.” AFP says that Twitter’s Terms of Service allowed for them to use, copy and distribute the image, and that Morel did not specify limits on how the photo should be credited.

Morel responded, saying that he was not familiar with Twitter’s TOS, and maintains that the images were stolen from his account without his permission, distributed and sold by the agency, which then “induced” other publications to violate Morel’s copyright. In a counterclaim to the agency’s complaint, Morel’s lawyer, Barbara Hoffman wrote:

To the extent that under the circumstances a specific intent in posting the images on Twitter can be attributed to Mr. Morel given the circumstances, … he posted his images online and advertised them on Twitter in the hopes that his images would span the globe to inform the world of the disaster, and that he would also receive compensation and credit as a professional photographer for breaking news of the earthquake before the news and wire services.

Some publications, including The Wall Street Journal, NBC, and the Associated Press contacted Morel to exchange compensation for his permission to publish. Others did not.

In order to enforce his copyright, Morel sent several cease and desist notices to several publications.

It seems that the case really boils down to the semantics of the Twitter TOS.

What might be worth noting is that the court documents from AFP frequently cite Twitter’s TOS, which mostly regards the text in Tweets, and does not extend to content linked to (otherwise, entire sites’ content might be considered royalty-free). Morel uploaded on TwitPic, which has a separate Terms, and is an entirely separate entity from Twitter.

Media Nation blogger Dan Kennedy posted PDFs of AFP’s complaint against Morel and Morel’s answer.

Whatever the verdict, this suit may change the manner in which photographers and journalists transmit their data via social media, even in difficult emergency situations like post-quake Haiti.

Do you have legal insight, experience with copyright infringement, or any thoughts about social media and the TOS?

For the past two weeks, Japanese astronaut Soichi Noguchi has been beaming down photographs of Earth from the International Space Station using his TwitPic account. The photographs, taken with a Nikon D2Xs, show various cities and landmarks around the world as the ISS flies roughly 200 miles overhead at an average of 17,227 mph.

Golden Gate Bridge, San Fransisco, CA. Beautiful shadow :-)

Flew over Port_Au_Prince of Haiti this afternoon. Our thoughts and prayers to Haiti people, from ISS.

Mount Fuji, Japan. 3,776m. The highest mountain in Japan.

Moscow, Russia. Star City is far back on the right upper corner. #spacetweet

KSC, Florida. Space Shuttle Endeavour STS-130 is ready to launch on Sunday!!!

For more of this amazing photography, check out his Twitter or Twitpic page.

(via PopPhoto Flash)

The Shorty Awards now have a prize dedicated to Twitter photography: The Shorty Award for Real-Time Photo of the Year. The winner of the award will be invited to the special awards ceremony on March 3rd, 2010 in New York City.

Candidate photographs are nominated through the website, and must be cameraphone photos shot in 2009 and distributed on Twitter through one of the popular social media channels (i.e. Twitpic, Flickr, etc…). The nomination phase ends on February 5th, 2010.

An obvious favorite to win is the following photograph by Janis Krums of US Airways Flight 1549‘s successful ditch in the Hudson River on January 15, 2009:

Krums was on the ferry sent to pick up the passengers, and sent the tweeted the photo via Twitpic from his cameraphone. Here’s a screenshot:

What made the tweet and story particularly noteworthy was that the real-time nature of Twitter allowed the photograph to circulate widely before any mainstream news sources were able to obtain photographs. We’re guessing this is exactly the type of photo the new Shorty award would like to honor.

The ubiquity of cameraphones combined with real-time distribution offered by Twitter has changed the world of photography. When something happens in one part of the world, people can now see it all over the world almost instantly — if someone with a cameraphone and Twitter account is nearby.

Can you think of any other candidate photograph for the new award?

Twitter has rolled out its new Lists feature, and PetaPixel was among “limited number of users” that were given early access, so we decided to take advantage of that by starting some photography-related lists.

Here are the lists we’re currently curating:

• Best of Photography – The ultimate list of photography-related tweeters. If you’re interested at all in photography, you should follow this list.
• Best Photography Blogs – The twitter accounts of the best photography-related blogs on the web.
• Top Photobloggers – People who maintain some of the best photoblogs with the highest quality photographs.
• Top Photographers – The best professional photographers who often share their experience and advice.
• Best Photographs – If you need your daily dose of amazing, funny, interesting, informative, and/or inspirational photography, follow this list.
• Photography News – If you want to stay up to date with all the latest news regarding photography, this is the list for you.

We’re still adding tweeters to each of the lists, so if you have a suggestion for a notable account that’s currently missing from our lists, please leave a comment and let us know!