Feds require roadside vests

According to the NPPA, "A new law goes into effect on November 24, 2008, which will require all workers on federal highways to wear high visibility safety apparel, which apparently also includes photojournalists who are there to cover news."

Although there's no specific Fed fine, the states are likely to make some quickly because their funding could be cut. Although the initial report states federal highways, it's been clarified to mean any roadway even partially financed by the U.S. DOT. This means most roads.

Additionally, the apparel must be ANSI Class II safety gear used in high-speed environments. Class II tends to be high-visibility yellow with more reflective banding.

NPPA suggests a vest offered through the National Newspaper Association with "PRESS" and the NNA logo printed on the back for $15 each. I contacted an NNA rep and they only take orders by phone.

I ordered a vest through Utility Safeguard. They have a secure online order process and offered custom printing. I opted for "PRESS" as well. It costs a few bucks more, but I'll be so stylin'.

Next, we'll be required to wear "Big, tricked-out name tags" like Flo. ;-}

Enough for now,

Have a crisis "Go bag"

PJs living within 500 miles of the Gulf or Atlantic coasts are most likely to cover hurricanes. It's best to read through this information now, and be ready when someone calls.

Here are the main posts I've already written:
Cover hurricanes
What's in the trunk?
How PJs deal with rain

The remainder of this post is a checklist of items PJs need before they head into a hurricane zone (or many other crisis zones). Many items are redundant to the items mentioned in the posts above, but this post can act as the final checklist before PJs run off to die into danger.

Prepare for hurricanes like a long camping trip, but make sure shots and life insurance policies are up to date.

"Go" bag
"Go" bags are called by various names, but they serve one purpose. With little notice, PJs can be out the door and headed into a news scene for a few days. It's best to duplicate many common-use items (like toothpaste) and leave them permanently in the go bag.

It might be wise to print this list and keep it in the go bag. Otherwise, it'll be an expensive or dangerous trip for an ill-prepared PJ.

The bags
Have three bags. They include a folding, reinforced, rolling suitcase; a Ranger ruck sack (it's larger than a standard ruck); and a waterproof bag.

The suitcase is the standard option. It works for most travel assignments through airports or to a state championship game. It's most useful when PJs have a place to stay (hotel or friend's floor in safe location).

The Ranger ruck is best for emergency use. These work for breaking news events because PJs don't know when or where they're going to sleep next. It allows PJs to keep everything in one place and move rapidly with little warning. Make sure to buy the frame, shoulder straps and padded waist strap.

The waterproof bag is somewhat misnamed. At least it's water resistant. It should permanently hold a sleeping bag, a small pillow, a clean sheet, two pairs of dry socks, underwear, swim trunks and a dry T-shirt. Keep the items in the bag and don't remove them (other than during use and to clean them upon return).

Personal items
Keep a travel kit with redundant personal items loaded and ready to go. These items include:

any regular prescription(s) (rotate frequently)
toothpaste
toothbrush
deodorant
bar of soap (in plastic box)
cotton swabs
mini sewing kit
Tylenol (travel pack)
ibuprofen or similar muscle pain reliever
No Doze (travel pack)
biodegradable shampoo
comb / hair brush
disposable razors
female items (if needed)
contact solution (if needed)

Additional small personal items for easy access in the main bag include:

pocket packs of facial tissues and/or toilet paper
mouthwash (Listerine)
baby wipes
hand sanitizer (or Invisible Armor)
Aloe Vera gel
tooth gel (desensitiser)
washcloth
insect repellent
antibiotics
emergency first aid kit for major cuts and burns

Bag items
The bag (suitcase or ruck) contains items used once per day. If there are external pockets on the bag, they can hold larger emergency items. However, the bag should contain the first/last items of the day and should be kept in a dry, secure location if possible.

This bag should contain clothes, spare towels, extra shoes and super emergency items (see below). Always pack one extra day's worth of clothes. The spare shoes should be sneakers or flip-flops and fold flat.

Super-emergency items can remain in the bag permanently. Replace any used super-emergency items immediately upon return or sooner in case they're needed again. The rest of the items can be added when an assignment is accepted. These items can be acquired over time like other camera equipment.

shirts
pants
swim trunks/swimsuit
underwear
socks
spare towel(s)
spare glasses (if needed)
spare shoes
garbage bags (for dirty/wet items)

Super-emergency items

unopened bottle of honey in sandwich bag
peroxide bottle (small)
military cravat and/or bandanna (arm sling)
field dressing (here's how to use it)
chemical lights
waterproof matches
halizone tablets (all non-bottled water is contaminated)
spare batteries (rotate frequently)
zipper sandwich bags
snake bite kit
Benidryl
spare pens/pencils
spare notepad
clothes line
carabiners
tent spikes
latex gloves
hunting knife (don't take on airplanes)
sharpened entrenching tool and/or hatchet (don't take on airplanes)
cable saw (don't take on airplanes)
mini hammock (get off the ground or catch food)
small heavy-gage rope
several MREs
waterproof poncho
emergency signal
crank-style weather radio
tiny fishing tackle kit (although fish are probably toxic)
more insect repellent, toilet paper and sanitizer

In addition to all the items above, pack the following in an auto:

case of bottled water
canned food
local maps
duct tape
plastic sheeting
power inverter
spare tires
rain suit
camera rain protection
DC air compressor
Fix-A-Flat
waders and/or waterproof knee boots (steel insoles preferred)
ground tarp
headlamp
small inflatable raft(s) (for gear)
disposable cups/flatware/plastic plates
instant coffee (if needed)
instant tea/drink mix
battery-powered lamp/flashlight
battery/DC -powered fan (trust me on this one)
police scanner
battery/DC -powered mini TV
chainsaw

If you can bring the following, life is better:

kayak/canoe
ATV with snorkel
cooler with sturdy food
small gas camp grill w/gas canister
cigarettes (good trade/access item)
several half-pints of vodka or Everclear (for trade, medicine, fuel and access)

Enough for now,

Media boycotts Australian cricket

Mark M. Hancock / © The Beaumont Enterprise

Crickets fry in a skillet during Free Family Arts Day at the Art Museum of Southeast Texas in Beaumont on Saturday, Oct. 27, 2007.



Major media outlets including Associated Press (AP), Reuters, Agence France-Press (AFP) and many Australian newspapers are joining forces to boycott a cricket Test match between Australia and Sri Lanka. Cricket Australia (CA) is attempting to manage rights and demand payment for media access credentials.

For once, the organizations are doing this the right way. They won't cover any press conferences or any other organization-staged events. Appropriately, the history books won't include this event.

This is quite possibly the single worst attempt at a rights grab I've seen. Not only does this organization want to be paid for images shot by various media professionals, they want to claim intellectual property rights. I suppose they'd also like the managing editors to carry their babies, but they can't figure out how to legally word it yet.

If the CA holds a press conference in the woods ... who cares?

Cricket means as much to Americans as the Super Bowl means folks in Tajikistan, but both are important to some sports fans. With this said, it's basically meaningless to cover either event without use.

There won't be any less newspapers sold. There might be a few less clicks on news sites, but the entire news industry isn't going to collapse because we didn't cover a freaking cricket match.

If anything, those same shooters can put their talent and skill to work with fine local atheletes, who don't typically get enough page space. The latter could sell one additional paper and generate a few clicks as well.

Although it's not discussed often (if ever), at the heart of this mess is the core mission of this job. PJs and sports shooters get in this low-paying biz to have our work seen by others. If we must PAY to have our work stolen by a sports management company, it's not worth it.

PJs make images because we love the work itself. If others are greedy enough to want to steal our labor and limit where and when we can display our work, it's nothing I want to shoot. There's plenty of other stories that need my attention.

There is no acceptable access contract. We don't need managed sports or entertainment to make images. We make the images.

If self-serving, greedy people would stop trying to limit who sees the images we make, it would be a much better world.

Enough for now,

Stupid like a Fox

Y'all know how I react to attempts to control freedom of the press. Now, the Fox network (owned by News Corp) has decided to challenge AP and specifically press PJs. The Washington Post reports:

The Associated Press is protesting plans by Fox to bar photographers from its news conferences at the Television Critics Association press tour and says it will not cover the events unless the network changes the policy.

Read more...

Bravo AP. Thanks to Justin for pointing out this conflict.

Personally, I haven't ever seriously watched Fox television. This latest ploy is simply one more reason to avoid anything related to Fox.

Now, if AP really wants to make a point, it should see how many Television Critics Association members it can talk into abstaining from the tour (since they are print and online journalists). Another nice move would be to refuse to report on anything Fox - except the slander suits of course.

For working press PJs who want to show their solidarity with AP, all that's required is three little words in the Special Instructions section of the next image you transmit:   "News Corp OUT."

Enough for now,

UPDATE: According to Photo District News, AP and Fox TV Reach Photo Coverage Agreement.

A happy story becomes sad

Mark M. Hancock / © The Beaumont Enterprise

Vidor native George Jones gets a star in the Ford Park Hall of Fame at Ford Park in Beaumont on Friday, March 24, 2006. Jones began his career singing on a Beaumont radio station.

George Jones and Merle Haggard performed in Beaumont. George Jones, the legendary Country and Western singer from Vidor, got his start on a Beaumont radio station and was returning home for a performance with another singing legend.

Ford Park inducted Jones into the Ford Park Hall of Fame. It was a pleasant event with many local well-wishers and smiles abounding. Later, he performed a concert at the sold-out arena.

Unfortunately, Jones' promoters demanded an access contract minutes before the concert. So, we have no concert images.

Luckily, newspaper management supported me and allowed me to back away gracefully. However, other PJs should anticipate this contract wherever this tour travels.
 

Don't sign access contracts

In this biz, we sign and negotiate many contracts. Common to the profession are model and property releases, vender agreements, delivery memos, image licenses, "hold harmless" waivers (personal safety waivers) and more. Most of these are either required to protect our rights, keep us from getting sued or keep someone else from getting sued.

We either write or read them carefully and redact (scratch through) phrases we know are unfair or plain wrong. Anything without a date or time limit is typically considered "wrong." I won't hold a company harmless forever. However, I'll hold them harmless for one day while I'm flying with a parachute team.

Typically, we encounter various contracts during our freelance work. Staffers rarely encounter contracts after an initial employment except on assignments dealing with airplanes and other dangerous situations. This is primarily because we work for a corporation. Any contracts with the outside world are handled through the corporation attorneys. Since we're not the legal representative of the corporation, we can't sign a binding contract on the company's behalf.

Entertainment access contracts
In recent years, national, touring entertainment events are trying to make PJs sign contracts to gain access. They can demand signatures for access, but PJs shouldn't sign them. If it eventually means we're walking away, then it's the performer's fault - not ours.

It's really embarrassing and disappointing to walk away from a concert assignment. It's only happened three times in my entire career. It leaves me with a creepy, violated feeling inside. However, I'd rather walk than be completely violated by signing the contract.

Early in my career, I signed an ambush contract at a venue. I still hold resentment against the performer and its promoters. I won't purchase any of the performer's products, nor mention the performer's name in print or online (it was previously one of my favorite performers).

PJs are at the venue for the "First two songs, no flash" to document a performer's visit. The bigger and more local the performer, the more important it is to document the performance. These images are used immediately after the performance, but they become part of a publication's archive and are used again for future stories.

Most performers return to a venue or city if their last appearance was successful. Archive images are used for future preview stories. Furthermore, entertainers are news. Imagine not being able to run images of a performer who gets married, becomes sick, gets in an accident, gets arrested or dies. After all, the performers will probably die before the newspaper does.

Why not sign?
This is a common argument. Let's look at the primary reasons. There are more reasons, but these should suffice.

1) First and foremost, a staff PJ isn't authorized to enter an agreement for the company. PJs can enter personal agreements to waive safety (common while covering parachuting, rock climbing and other dangerous "extreme sports"). However, the PJ is not the company and the PJ can't know what happens to the image after it's placed into the system. Contract stipulations could be violated the second the image enters the system and the PJ has no control over it.

Since most staff PJs don't actually own the images (the company does), the images stay at the company if the PJ moves to another paper or magazine. After the PJ is gone, anyone in the organization could violate this contract and leave the PJ and/or the company on the hook for contractual damages.

2) Although most PJs can work their way through a contract and find the loopholes, there's always the chance for a trick phrase to catch the PJ and put her/him in a pinch. The problem isn't with the general contract wording, it's with the alternative meanings (i.e. the language lawyers prefer).

For example, "Bob owns all rights to his name and likeness." It sounds reasonable - particularly when couched with other innocuous statements such as "grass is green." However, it means whoever signs this agreement also agrees that Bob owns the images made of him during the performance. Furthermore, this is an ex post facto agreement. Since the statement says "all," it means any images taken before or after the contract date by any person in the organization.

Honestly, it's unlikely the performer will ever enforce the terms of this contract. However, the fact that they could do it is enough to reject the contract and walk. It leaves the PJ and the company open for a lawsuit and has a chilling effect.

For example, let's say a circus has a signed contract from five years ago. During the show, a clown violently kills a stilt walker, two security guards and a few patrons then flees. Now, the city has an armed, killer clown on the loose and a PJ has spotlighted images of it.

FYI:   they'll stop the press for this story with photos.

The circus promoters immediately want to squash this news as well as any related images and stories. With a carefully-worded, signed contract, they can threaten the newspaper and keep the story of their killer clown out of the news. This isn't a situation any journalist, PJ, editor or publisher wants.

3) It's unfair treatment. No reporter would agree to a similar contract. Somehow, entertainment folks have decided to treat visual reporters differently than text reporters. The text reporters are free to write whatever they choose, however they choose.

4) It's against the spirit of the free press (First Amendment). If we're not invited, fine. If we're invited, let us do our job. We're there to show the performer to our readers and make some readers happy for a moment.

Resolve this problem before it happens
First, the reporter assigned to cover the entertainment event should want to contact the tour company for an advance interview of the performers. During this time, the reporter can find out if any such contract will be presented.

If so, the reporter should have the promoters fax the contract to the company attorney. Since tour dates are scheduled months in advance, there's plenty of time to work out the logistics. The attorney can go through the contract and see if the company is willing to take on the legal liability involved while giving this performer free publicity (in editorial space, which can't be purchased at any price).

If so, the lawyer settles the agreement and all is cool. The PJ gets the shooting rules in the assignment and all is settled. No problem for the PJ.

If the company attorney and the promoter lock horns and either backs away, the PJ simply doesn't get the assignment. No problem.

Either way, everything should be settled before the PJ gets the assignment or arrives at the venue.

Should the venue not be aware of this pre-established agreement, the contact name and number on the assignment should be for the tour manager and any problems can be settled immediately.

Keep perspective and professionalism
Should an ambush contract ever be presented to a working PJ, try to stay calm. Often, promoters back away from the contract if they understand the PJs will walk. Explain the situation calmly to the promoter and give them a chance to resolve the problem.

If the venue promoter says it's out of their control and the tour manager is somehow unavailable, call the desk. It's best to have the desk make the final decision. Often, it's company policy to walk away from these situations. However, the desk will want to make the final call.

PJs actually have the upper hand in these situations. It's unlikely a newspaper will lose a single subscriber if a concert isn't covered. However, it's very likely the performer loses potential album sales if the concert isn't covered by a major newspaper. If several newspapers band together, performers (or their lawyers) are likely to ditch the silly contracts. Then we (PJs and performers) can all happily do our jobs.

Make lemonade
If the headliner demands the contract for access, see if the opening act (typically new in the business) is included in the contract. If not, shoot the opening act. They probably welcome any publicity.

Another option is to shoot fans in the lobby or outside the venue.

At least the PJ has something to fill a hole in the paper. Additionally, today's opening band may be tomorrow's headlining band.

Enough for now,
 

Skip this one

A rider shows how a Lipizzan stallion can change steps at Ford Arena in Beaumont on Saturday, Jan. 28, 2006.

Mark M. Hancock / © The Beaumont Enterprise

I wasn't going to post this image, but other PJs need to know about this show when it comes to their town. Access to this show was lousy. We committed space, shooting time and had high expectations for a doomed shoot.

I'm sure this group does something more interesting after the first 10 minutes. But they only allowed media access for the first 10 minutes AND neglected to tell us about the restriction. Possibly this could have been overcome if we knew of this restriction before the show.

Consequently, all I learned was that horses can walk, trot, cantor and change step (the most exiting part of the first 10 minutes). Furthermore, they could/would not provide the names of the riders and horses. Even their $10 program only listed the horses' breeding lines (I'll guess this makes horses and riders interchangeable).

All PJs want is access and information. When neither are provided, it's wasted time.

It would have been better to shoot ponies at a local petting zoo. They can walk too. At least I could get the names of the kids and ponies, and I'd get all the time I need to shoot them.

Enough for now,

First two songs, no flash

Gene Simmons of the band Kiss performs at the Smirnoff Music Centre in Dallas on Friday, June 11, 2004.

Mark M. Hancock / © The Dallas Morning News

This month I got to cover some cool concerts. This is a perquisite of photojournalism. Who else gets paid to see Kiss or Jimmy Buffett in concert? It sure beats working at the pet store.

I was never a concert fan. I paid to see Pink Floyd (nosebleed section). Otherwise, I'd rather spend the concert ticket money on an entire album collection. It makes more sense to me.

Now, I get paid to go to some concerts. It's fun.

We cover the "first two songs, no flash." Kiss let us have three songs. Gene Simmons did all his best visual performances for each photographer. He knew to step away from a microphone and find each photographer. Then he conveniently pointed left, right and center for layout purposes. So, he ran in the paper (hint, hint to you aspiring young singer/performers).

This cooperation is what sets performers like Kiss apart from some-guy-who-was-famous-but-wanted-total-control-of-his-image-and-now-sings-at-weddings. I wonder who might fit this description?

Meanwhile, PJs typically hang out somewhere backstage until we work. For some reason (probably MTV) everyone thinks there is some massive party happening backstage. Although I'm sure I'm not seeing everything, I commonly see semi-nervous people trying to psych up for their show.

Many performers want a little time alone to pray or talk to themselves. Some are cramming new lyrics to make sure they don't sing the wrong words. Some stretch like athletes or adjust their makeup like thespians.

Most eat. They are people. It's dinnertime. So, they eat dinner. They eat some innoxious, unmemorable, bland, hotel meal from steel containers. Not the "Rock Star" image many people imagine, but the backstage reality we typically see.

If I'm shooting from the stage, I normally talk to some of the band members before the concert starts. They're people. They work. They play. They want to know they're valuable as humans and someone somewhere loves them -- like everyone else, everywhere else.

They have children, pets, bills and cameras. Many like to make photographs and ask photographers for pointers and little technical questions.

It takes a lot of guts to stand in front of 9,000 or 50,000 people with just your voice and body language. Some do this while flying through the air or playing different instruments. It's cool, but I wouldn't want to do it for a living. It sure is fun to shoot it for the "first two songs, no flash" though.

Enough for now,
 

Press pass misconceptions

Mark M. Hancock / © The Dallas Morning News

Euless Trinity's defense tries to hold the line against Arlington Lamar's Derrick Bowman during a high school football championship game at Birdville Fine Arts/Athletic Complex in North Richland Hills on Saturday, November 15, 2003. Lamar won the bi-district championship and advances in the playoffs.

Let's clear up some misconceptions about press passes. For some strange reason, everyone seems to think we have some magic pass that gets us into places others cannot go.

There is no single such pass. It would be a violation of the First Amendment to have such a pass because it would be state licensing (federal) of the press/media. The problem with any suggested programs is that someone gets to decide who is "press."

The answer is: Everyone and Anyone.

All it takes to be "press" is to say you are press. Having said this, there are shades of press and a pecking order, but that changes at the speed of thought anymore.

The Drudge Report comes to mind. Nobody would have given an internet E-zine the time of day five years ago, but now some major publications have gone to online-only publications to save money and trees. Even some regions of the National Press Photographers Association have gone to the online adaptation.

Meanwhile, we get issued passes for various functions. I have one for the Dallas Mavericks, the Dallas Stars, the Texas Rangers, the Dallas Burn, the Dallas Desperados, the Dallas Sidekicks, and one issued by the Dallas sheriff's department if none of the above will work.

When I first started in the field, I thought it was cool to have all these little plastic-coated badges. It didn't take long before I had a huge wad of them hanging off my camera bag in college.

By the time I turned pro, the wad of passes was several inches thick. It was a way to keep babies and bored people entertained. Babies love them because they are shiny. Bored people are ... well ... bored and any break is good.

I was OK with the whole issuing passes until a Parent Teacher Association (PTA) at an elementary school had a pass made for me and expected me to pin it on my vest. It was the final straw. It felt like they were saying, "Here's your dog tags. Now bark dammit bark!"

Garbage.

So, I keep this year's important tags on a cord where I can tuck them into a pocket. The rest are in my photo closet with my ancient film cameras.

At concerts, we get stickers from the bands. Each band has their own material sticker. They try to out glitz one another. As if most news photographers don't stand out from a crowd, they want to stick an orange label on us like a giant banana. Then they will know the person with the 300mm f/2.8 lens on a monopod works for the press and isn't some fan with a $10,000 camera system. OK. Whatever.

At work, all the doors in the photo area are covered with these stickers. From what I can tell, Metallica has the most obnoxious (it is almost a foot wide). Some performance halls have the same sticker for most performances, so once one from the venue is on a door, there isn't a duplication.

Notably missing is Ricky Martin. He killed himself with the American media when he demanded total control of his image. I don't know the whole story, but it was explained to me that he wanted (his team) to preview images before they could be run and various other demands that are completely impossible.

Therefore, he was no longer news and vanished. Hmmm...

Next.

Now I can tell who is in what phase of their career. If they are overly eager and smother the photographer with too many questions, they are beginning. If they are cool and let the photographers do their job without hassling us, they are going up. If they play to the cameras during the first three songs of the concert (because they know we will leave after the first three songs), they are near peak. If they want some kind of concession from photographers and the newspapers who employ them (which they aren't going to get), they are on their way down. If they demand something that nobody in their right mind would agree to do, they are done after this tour.

So far, my favorite band to work with was America. They were a lot of fun and regular people. One of the guitarists is an amateur photographer. He tried out my cameras during their concert. He thought it was cool. :-)

So, I wrote all this to say what?

You don't need a magic press pass to be press. Being press makes you press. The passes are just pieces of paper (or plastic) to control who can't go into some areas.

Personally, I try to get as few passes as possible now. The fewer I have, the more places I can go. Strange, but true.


Enough for now,