Guardian (UK) Steals Photo from Photographer
December 16th, 2009

This is Seattle photographer Daniel Sheehan’s photo of Larry Ochs that the Guardian (UK) used without permission and without a photo credit on their website with an article headlined “Spanish fan calls police over saxophone band who were just not jazzy enough” All Photographs on this website Daniel Sheehan © 2009. All Rights Reserved. Please inquire for permission before using.
After discovering their unauthorized use a day or so afterwards I wrote to their music editor at music.editor@guardianunlimited.co.uk but he has not yet seen fit to respond. I am now pondering what my next move will be. UPDATE: I have received word from the Guardian that they are sorry they used the photo without permission and offered payment and then some for for their use.
Click on jazz photography to see the original blog post on my jazz photography website eyeshotjazz where the photo was first posted last year.
Here is their story:
“Jazzman Larry Ochs has seen many things during 40 years playing his saxophone around the world but, until this week, nobody had ever called the police on him. That changed on Monday night however, when’s Spain’s pistol-carrying Civil Guard police force descended on the Sigüenza Jazz festival to investigate allegations that Ochs’s music was not, well, jazz.
Police decided to investigate after an angry jazz buff complained that the Larry Ochs Sax and Drumming Core group was on the wrong side of a line dividing jazz from contemporary music. The jazz purist claimed his doctor had warned it was “psychologically inadvisable” for him to listen to anything that could be mistaken for mere contemporary music.
According to a report in El País newspaper yesterday, the khaki-clad police officers listened to the saxophone-playing and drumming coming from the festival stage before agreeing that the purist might, indeed, have a case. His complaint against the organisers, who refused to return his money, was duly registered and will be passed on to a judge.
“The gentleman said this was not jazz and that he wanted his money back,” said the festival director, Ricardo Checa. ”He didn’t get his money. After all, he knew exactly what group he was going to see, as their names were on the festival programme. He added: “The question of what constitutes jazz and what does not is obviously a subjective one, but not everything is New Orleans funeral music.”
“Larry Ochs plays contemporary, creative jazz. He is a fine musician and very well-renowned.” ”I thought I had seen it all,” Ochs, who reportedly suffered a momentary identity crisis, told El País. “I was obviously mistaken.” ”After this I will at least have a story to tell my grandchildren,” the California-based saxophonist added.”
Jazz Photography by editorial photographer and photojournalist Daniel Sheehan who covers jazz performances, and creates portrait photography for publications and corporations. He is also a Seattle Wedding Photographer at A Beautiful Day Photography, a wedding photographer with an artistic photojournalist style.
February 7th, 2010 at 10:48 pm
Well it took some time but after the helpful intervention from the British Journal of Photography, The Guardian has apologised for using an image for one of its online articles without crediting or compensating me and has offered compensation which I have accecepted.
Thank you BJP. Read about it on their site here: http://www.bjp-online.com/public/showPage.html?page=873176