In its upcoming November issue, BJP talks with photojournalists, who have, in recent years, uncovered and distributed found photographs - often images left behind by victims and perpretators of violent crimes. Among the photographers interviewed was Magnum member Thomas Dworzak, who has recently helped the NGO Human Rights Watch distribute images found to be part of the Libyan Secret Service photo archive.

However, BJP's questions, relayed by David Campbell, a writer and lecturer, has led to a debate on Twitter (compiled here by Campbell himself) on the ethical and copyright issues that have arisen from the distribution, by Magnum Photos, of such images.

The images, which are credited to "T. Dworzak Collection", were uncovered in Libya earlier this year, weeks before photojournalist Tim Hetherington died. In July, The Guardian reported that the images had been found by Human Rights Watch in collaboration with Hetherington. The discrepancy pushed Campbell to ask three questions on Twitter: "Are the Dworzak images from the Bouckaert/Hetherington find? Ethically, should graphic Libyan Secret Service photos be for sale like any other Magnum photo? Legally, can copyright of Libyan Secret Service photos be assigned to T. Dworzak/Magnum?"

Campbell's questions has led to an intense debate on Twitter and has now culminated in an official statement by Magnum's vice president Christopher Anderson, which BJP can now share in its entirety:

While covering the war in Libya, Peter Bouckaert of Human Rights Watch came into the possession of materials (video, photographs and other documents) that appeared to document evidence of torture carried out by the Libyan Secret Service. Bouckaert approached Magnum photographer Thomas Dworzak and freelance photographer Tim Hetherington, who were also covering the conflict in Libya, to help him digitize the materials (Which, under the circumstances, meant photographing them.) The reason for this was because HRW did not wish to remove the documents from the country. The two photographers' understanding was that they would be performing a favor of technical service to Human Rights Watch -- they did not view the material as their "work". Together, the three discussed how best to distribute and archive the material, and Bouckaert asked Dworzak if Magnum could distribute the material on behalf of HRW.

Dworzak did the initial copy work, using a small digital camera with pictures laid out on a bed -- so the quality was not ideal. Bouckaert later asked Hetherington to photograph a second batch of materials, which may have included rephotographing some of the materials originally copied by Dworzak. No one was focused on this point, as both photographers were simply trying to create a digital archive for HRW under tight conditions.

Hetherinton handed his files over to Bouckaert and told him to put them with the rest of the material that Dworzak had copied. Bouckaert, Hetherington, and Dworzak understood that the files were all to be lumped together for HRW's purposes and neither photographer ever considered being compensated for any distribution or claiming that he had authored the material. It was simply a favor to a colleague.

Shortly after Hetherington's death, Bouckaert delivered a bunch of materials to the Magnum offices in London: The digital files that Tim had given him as well as additional, hard-copy materials. He asked Magnum to scan the new materials and include this with the files that Dworzak had created. He again asked if Magnum could distribute the material on behalf of HRW. Dworzak discussed with HRW and the Magnum London staff how best to label the material for cataloguing purposes. Some of the material (though it is not entirely clear which part of the material as it had all been lumped together at this point) had been copied by Hetherington, whom Magnum did not represent at the time. Furthermore, given the legal ambiguity of the copyright in the underlying materials, and of photographs of photographs, all parties decided that the credit would read "Collection Thomas Dworzak for Human Rights Watch." Credit labels are necessary for the logistical reason of the searchability of the Magnum archive, but more importantly, the credit label serves an accountability and vetting purpose. The word "collection" was used to make clear that this was not a work originated by Dworzak as the author, but rather an archive of found materials, curated in some sense by him to the extent distributed by Magnum, and also for which he was responsible. The caption of each individual image provides further clarity as to the origins of the "works". The red font credit note that appeared on magnumphotos.com, stating inartfully that credit must read "(c) T. Dworzak Collection," was meant by Magnum staff as a reminder not to credit the work as authored work of Thomas Dworzak -- but it seems to have been misinterpreted as some as the opposite, i.e., a claim of authorship. The language is being fixed.

Magnum staff was instructed to distribute the material with the "collection" credit on behalf of HRW, most notably a publication by the Guardian. Magnum acted only as the delivery and storage mechanism to distribute the material to the Guardian - including extensive scanning and retouching -- but not to "sell" the material originally. To be clear, however, as a general matter Magnum does not think there is anything inappropriate about passing along to publishers scanning and other costs associated with producing high resolution images, when appropriate. It has come to my attention today that Magnum offices in London did "sell" in at least one case after distributing the materials free of charge to the Guardian and the CBC of Canada. As I understand it, some 550 British pounds were put into the account of the Tim Hetherington estate from that sale and 50 pounds were credited to Dworzak. I assume this amount to Dworzak is to recover the scanning and ingestion costs.

In good faith, Magnum, Thomas Dworzak and Tim Hetherington provided a professional courtesy to HRW and Peter Bouckaert. No parties involved sought financial gain from this material. It was the goal of Magnum, Dworzak, Hetherington and HRW to get this material before the public in an efficient and responsible way.

While this matter highlights questions about the legal ambiguity of copyright and authorship in the photographic industry (particularly when photographs, paintings, property, likenesses etc are visible in a photograph, or when working with found materials), Magnum has made every attempt to conduct this service on behalf of HRW as transparently and correctly as possible. Magnum regrets that this attempt to be of service to the public record has been misunderstood by some as an attempt to exploit the the files of the Libyan Secret Service for economic gain. Magnum has no intention to profit from this material nor to claim it as authored by one of our photographers. (And those who think there is big money on offer for such pictures deeply misunderstand the industry today.) Magnum continues to stand behind the decision to distribute this material and fully accepts responsibility for how that distribution is conducted.

Christopher Anderson
VP Magnum Photos New York

For more on the use and distribution of found images in photojournalism, check BJP's November issue out on 02 November.