Local Government TV

Tuesday, January 22, 2019

Professional Photographer Claims Copyright Infringement By Morning Call

Theo Anderson is a highly regarded professional photographer. He has the rare gift of being able to capture more than a physical image. Of Allentown origin, he is perhaps best known around here for his photo history of the construction of the PPL Arena. The Butz family (photography lovers, especially son Lee) gave him extraordinary access to the construction site. According to an Anderson Facebook post, The Morning Call recently used some of his work without permission. Here's what he says, minus the picture:

The Morning Call has used a photograph of mine without my permission in the current edition of The Morning Call and online.

The Morning Call and the writers Jon Harris and Nicole Radzievich are responsible for this ethical travesty. The photo appears on page 6 of an article about transforming #2 machine shop into a water park. I would not have permitted this use.

Mr. Harris,

I was quite surprised when my iconic photograph #2 machine shop was used in the Sunday edition of the Morning Call, January 20, 2019. After investigation I also found that it was used online in a gallery under the Lehigh Valley Business Cycle article, “Sand’s Bethlehem casino buyer pitches $190 million investment, second hotel on Steel Land.”

You and the The Morning Call have debased my work and reputation. This photograph is paramount to my career. Prints are in the collections of the Museum of Fine Art Houston, The Allentown Art Museum, Lehigh Valley Health Network, Lehigh University, Michigan State University and numerous private collections. It is deemed by many significant curators to be the important modern photograph taken at that site.

I gave no permission for the use. The copyright is registered in my name. I have no idea the source of the photograph but you certainly had a moral obligation to contact me regarding it’s [sic] use.

Please note I could not find Ms. Radzievich’s as the email the link directed me to you. I have included editorial staff in this email.

You and the paper have turned perhaps the most iconic and collected work of my career into rubbish. You did this with clear disregard of copyright.

You should be ashamed of yourself. This has damaged my reputation and the value of my work.

The record needs to be set straight and I need to be compensated for this illegal act on your part and the part of The Morning Call.

Sincerely,

Theo Anderson

12 comments:

  1. Mr. Anderson may be overstating his case by claiming that it is the most important photo he has ever taken, but, if it is copyrighted, the MC got some 'splainin to do.

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  2. The gagickle also runs pics of goggle earth and them there screenshots are copyrighted!

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  3. Don’t you think this guy is overreacting a little bit? It’s just a stupid picture. He is obviously a little full of himself. Maybe the paper made a mistake and maybe they didn’t but this guy is making a mountain out of a mole hill. Get over yourself dude! Surely you have more important things to worry about. Life is going to go on… I promise.

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  4. How unfortunate that The Morning Call used the photo without Anderson's permission. What would it take to make it right?

    If they knew it was Anderson's photo, knew they didn't have permission, and ran it anyway, I'd be shocked. It's possible a third party gave TMC the photo and told them they could use it -- in that circumstance how would they know otherwise?

    The Call handles lots of photos every day, with a staff that's far smaller than it should be. If someone made a mistake I would encourage Anderson to approach this with compassion. Making a living as a photographer is tough; so is producing a daily newspaper with a barebones staff.

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  5. The Call has turned into a liberal leaning newspaper. Just like the rest of Tronc's stable of newspapers.

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  6. Canary @10:08,
    Mr. Anderson made it perfectly clear on what would appease him. Let me give you a hint: Green and black ink on special paper bearing the portraits of dead Presidents and Elder Statesmen.

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  7. He needs to get over himself.He is not a photographer for time magazine. He made his point.

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  8. He is shocked and appalled but will be fine with some cash! Nice one, Ansel!

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  9. Such drama! As someone who has managed publishing contracts with photographers and illustrators I can assure you, Mr. Anderson, your work is protected. The Morning Call made a mistake. I doubt that there was much discussion regarding the photo by the editorial staff. They used your work without your expressed permission and that's bad publishing behavior. I don't think the law will make any quality distinction to your work, iconic or otherwise, but if it did the question here might be asked if the work is iconic or if the subject (Bethlehem Steelworks) is iconic. The Call used your work without your permission and that's illegal. Having seen some of your work I'm not sure this shot is "paramount" to your career, I think you've done better, but I don't think the law cares about that either. The Call didn't debase your work or reputation. Your reputation is more solidified by this event than you may think. This has gotten you space on the blogs and you've gotten some social media attention. Your work and career have not been turned into rubbish. You'll negotiate a published correction and some compensation and you'll have a new story to work into your talks. I'd be surprised if someone from Tribune hasn't contacted you yet. I also don't think this anything that an experienced photographer doesn't already know.

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  10. It's copyrighted and really the discussion ends there. Mcall messed up. But this guys self important rant is not just a little over the top.

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  11. Having worked in a newsroom for many years, and specifically at that newspaper, it seems more a misstep during the head of production deadlines, and multi-tasking (working on multiple stories during the week) than a wanton disregard for an author/photographer's copyrights.

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