Angry in the Great White North

From the NY Daily News:

Provided with unique access in an NYPD helicopter, Gregg Brown was flown by cops over the restricted air space of Ground Zero daily for eight months beginning on Sept. 15, 2001, capturing countless hours of grim video while snapping 30,000 photographs.

This photographer, selected out of the Yellow Pages, refused to sign "a prepared agreement" that would have turned over the pictures to the city:

With the legal paperwork unsigned in late 2001, Brown was inexplicably allowed to keep shooting — and keep collecting big paychecks.

Finally, on May 10, 2002, Brown's access to the police chopper was revoked.

But not until he took and copyrighted 30,000 photos, and collected $302,000 out of federal funds earmarked for 9/11 disaster recovery.

And he's protecting his property:

On Aug. 30, 2002, one of Brown's attorneys sent the city a letter warning that none of the photos could be used without Brown's "prior written approval," according to documents obtained by The News.

Why? What would you do with these pictures?

Well, if you can't think of anything, it probably explains why you have to work for a living. Gregg Brown come up with the perfect money-making scheme that would use the images of death and destruction.

Soft-core pornography!

Just four days later, Brown registered "Ground Zero aerial video" with the U.S. Copyright Office in Washington.

He then included part of the footage in a wacky documentary, "Words," surrounding scenes of Trade Center death and destruction with interviews of topless women talking about society's obsession with breasts and a group of New Yorkers traipsing around nude as part of a simulated Native American ceremony.

In a Website promo for his film, Brown, 34, links the disparate images: "'Words' explores the connections between such seemingly unrelated events as a Native American sweat lodge ceremony, a gathering of topless women and the devastation of the World Trade Center through a combination of documentary filmmaking and reality-based entertainment."

Well, the city government messed up here. Big time. Gregg Brown took the photos and as far as I can tell he hasn't done anything illegal.

Of course, that doesn't mean nothing can be done. I don't suggest Brown be denied the use of his head by some sword-wielding nut screaming "God is great!", but the photographic community can decide to not use Brown's services, or his photo collection until he and the city come to some sort of agreement.

There may be another way for the city's Department of Design & Construction to get the photos:

For its part, the DDC says it cannot find its copies of the videos, for which Brown billed the city tens of thousands of dollars. The agency also cannot find its copy of a "special video presentation" requested by then-DDC Commissioner Kenneth Holden for use Nov. 21, 2001, at Columbia University's School of Engineering, at an additional cost of $2,306.

DDC says it also cannot find the extra prints of "digital photos taken by site workers," which Brown was paid an additional $2,867 to duplicate.

Monahan said the DDC does have copies of the 30,000 photos, but acknowledged it does not have the negatives. In response to questions from The News, Monahan said DDC also cannot find the "900 custom reprints of previous WTC aerial shots" for which Brown charged an additional $4,384.

Did the DDC lose the material? Or did Brown never deliver? If he was paid for work not done, he could be sued. A million dollars in damages, or turn over the pictures.

In any case, he'd have to be served papers first:

The News has been trying to locate Brown for more than a month, leaving messages on his home, business and cell phones and with his business partner and lawyers. He recently moved from his Chelsea residence/business; vigorous attempts to locate him were unsuccessful.