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4520633
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Kennerly, David - Project
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4520633
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Kennerly, David - Project
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Philip W. Buchen Files
Philip Buchen's General Subject Files
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Bibliography
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American Revolution Bicentennial, 1776-1976
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The original documents are located in Box 24, folder "Kennerly, David - Project" of the
Philip Buchen Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Photo Office
THE WHITE HOUSE
WASHINGTON
December 30, 1974
MEMORANDUM FOR:
TOM DECAIR
FROM:
PHILIP W. BUCHEN T.W.B.
SUBJECT:
Proposed Photo Book of
White House
This proposal appears acceptable, so long as we are prepared
to grant similar favors to others.
Your letter of acceptance should include the following:
"This permission is granted subject to
your agreement that no representation
or suggestion will be made in the book
that it is an "official" White House
book or project, or that it has been
endorsed in any way by any one in
the White House. For this purpose,
please sign in the place indicated
below and return one signed copy
to me.
"It is agreed that any publication
DERALJ FORD LIBRARY
resulting from the permission to take
photographs in the White House will
conform to the above stated terms,
and that any publication violating them will be
recalled and be subject to legal processes
to prevent its marketing or distribution.
Signature
Title & Authority
"
Digitized from Box 24 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
18.13
11/6"
THE WHITE HOUSE
WASHINGTON
November 5, 1974
NOTE FOR:
Phil Buchen
FROM:
TOM DECAIR
In view of the White House Historical
Association's occasional production
of books on the White House, we seek
your guidance on this request before
even considering giving them any
help. Obviously, they intend to
make some money from this venture
Thank you for your counsel.
FORD i LIBRARY GERALD
THE WHITE HOUSE
WASHINGTON
TO: "on Nessen
FROM: PAUL THEIS
I think the at tached which came
to Ann Morgan on my staff more
logically falls under your
responsibility, Ron. What
think?
Pane
LIBRARY GERALD R. FORD
SMITH/GREENLAND COMPANY INCORPORATED, 1414 AVENUE OF THE AMERICAS, NEW YORK, N.Y. 10019. PLAZA 2-5500
LEO GREENLAND, CHIEF EXECUTIVE OFFICER
October 14, 1974
Ms. Ann Morgan
The White House
Washington, D. C. 20500
Dear Ms. Morgan:
We would want to publish a non-political book about
the White House in celebration of the Bicentennial.
Working title: "The White House, Inside In."
# pages: 250-300.
Illustrations: Half color, mostly photographs,
400-500 pix.
Text: 30,000-40,000 words descriptive narrative.
Trim size: 11 X 14 inches.
Bulk: 1.25 inches.
Binding cloth and paper to be determined, but
obviously of high quality.
The American public would be brought into the inner
functionings of the White House. Of course there will
be many areas of interest that would be developed as
we get into the project. We would look forward to
discussing these areas with people from your Archive
Section.
The retail price of the book will probably be in the
area of $29.95 to $49.95, depending on production costs.
I request permission to proceed with this project and
have authorization to schedule photographers to take the
necessary photographs in the White House.
Cordially,
/hh
R.
LIBRARY GERALD FORD
Ken:
It might be helpful
to learn how the printing
of these luxurious books
was acco mplished, al though
I don It see this as a helpful
precedent to what Kennerley
wants to accomplish. P.
FORD : GERALD LIBRARY
12
"Not only are we sincere" in our efforts to correct
the situation, Admiral Bagley said, "but we have taken
action with encouraging results."
Admiral Bagley said the Navy has about doubled the
number of black officers in the past few years. He said
the Navy has not been bringing Filipinos or Blacks into
the Naval steward ratings for more than two years, because
the Navy wanted to break down a "one-race" situation.
Arizona Republic, "No time to panic." The economic
danger is that somewhere along the line, the public will
panic and cause Congress and the Administration to panic
in a repetition of Richard Nixon's espousal of Keynesianism
and Phases I through IV. Looking back, everyone can see
how much damage that did.
Sacramento Bee, "Expensive reading. " If there were a
Nobel prize for doing the unnecessary and doing it better,
the Navy should win for its production of a deluxe set of
100 historical books, in color, puffing its top Admirals
at a cost of nearly $200 per copy. Staff writer Leo Rennert
reported the price tag, initially estimated at $4,000, has
soared to $19,500.
San Francisco Examiner, "Science's role. " The
Administration reportedly is considering a re-emphasis on
science by strengthening the scientific community's rela-
tionship with President Ford. This would be a valuable
step forward economically. It would also stimulate the
faltering U.S. role in the international scientific arena.
This nation has slipped in research and technological
:
development, as well as in esteem.
FORD
GERALD
LIBRARY
Houston Post, "Twilight of the UN?" The United Nations
General Assembly's suspension of South Africa was an impres-
sive act of hyprocisy by many member nations. Unless the
responsible third world countries can be made to understand
the principles and purposes of the U.N., the U.N. may be in
a rush toward dissolution. This twilight of the U.N. sounds
all too familiar to those who remember the decline of the
League of Nations.
THE WHITE HOUSE
WASHINGTON
Forfile 11"
"DaveKennerly Project"
LIBRAMA CERNID rung
TALKING POINTS
RE KENNERLY PROJECT
1. General. Assuming that he is willing to abide by the restrictions
and conditions which are discussed below, Mr. Kennerly may produce
and publish a pictorial essay on President Ford.
2. Restrictions on Copyrights. Mr. Kennerly may copyright the book
itself but not any of the photographs which are selected for inclusion.
a. Released photographs. Photographs which have already
been released and are thus within the public domain may
not be copyrighted (17 U.S.C. §8).
b. Unreleased photographs. Under copyright law, unreleased
photographs which are the personal property of the
President (Opinion of the Attorney General dated
September 6, 1974) would be subject to copyright with
the approval of the President. However, the standards
of conduct applicable to White House employees would
bar this type of personal benefit to Mr. Kennerly as a
result of his official position [see 3 CFR 100. 735-15(b)].
c. Waiver of Copyright. As discussed above and with the
approval of the President, photographs eventually included
in any publication should be accompanied by a notation
along the lines of: "No copyright is claimed with respect
to the official government photographs contained herein. "
This was the form utilized in Eye on Nixon, published by
Clement Stone in 1972.
d. Note. In two instances copyrights have apparently been
claimed by or from Presidents for photographs during
their term of office (The Memories by Cecil Staughton,
President Kennedy's photographer and The Vantage Point
by LBJ). However, in these instances the publication
and the claim occurred after completion of the term of office.
3. Restrictions on Production. During the course of production of such
a book, two requirements should be met.
a. Approval. Mr. Kennerly's superior (Ron Nessen?) would
have to formally approve such a project based upon the con-
clusion that it would not be incompatible with Mr. Kennerly's
official duties [3 CFR 100.735-15(c)].
b. Costs. Photographs selected for inclusion should be paid
for in full by the publisher.
4. Financial Restriction. Two points should be made with respect to
royalties and profits from any such book.
a. Ban on compensation. Mr. Kennerly should not accept any
compensation or royalties under the contract governing
publication [18 U.S.C. $209 and 3 CFR 100.735-13].
b. Profits. Similarly, all profits on the book should be donated
directly to a charity by the publisher and a notation t8th
effect should appear in the book.
CERALD
LIBRARY
Tuesday 1/7/75
9:45 Dave Kennerly said in connection with the book, instead of
a charity, how about establishing a scholarship fund for
photography for some underprivileged student.
9:55 Mr. Buchen talked with him.
FORD & LIBRARY 038400
THE WHITE HOUSE
WASHINGTON
July 18, 1975
MEMORANDUM FOR:
PHIL BUCHEN
FROM:
JACK MARSH Jane
I think you should be aware of a proposed project for which Presi-
dential participation is requested, involving the Bicentennial.
It is called Photo 200, and arises from a suggestion which appeared
in Parade Magazine. In addition to a number of well known National
media people and publications, it has as its honorary Chairman,
David Kennerly.
It is envisioned that Photo 200 would be incorporated as a non-stock,
non-profit, tax exempt corporation under the provision of 501C3 of
the Revenue Code. It is further anticipated that the project would
be presented to ARBA under their official sanction.
FOR
As you will note from the first two pages, Dave has attracted the
President's interest in the program.
Dave spoke with me yesterday and is requesting guidance on how to
proceed, and I am sending you this memo and attachments, and also
sending a copy to Ted Marrs. I believe that he was already talked
with Ken Larazus.
cc: Ted Marrs
FORD & GERALD LIBRARY
Fellow Americans:
we should re-do. OHK
suggested text
I am proud to announce, as a vital part of the Bicenten-
nial celebration, a photographic project without parallel: the commissioning
of a portrait of America and its citizens, to be taken by a group of outstand-
200
ing American photographers. It is to be called PHOTO-USA.
Let us openly do an American family album that can act as a
mirror in which to examine ourselves....an honest portrait of our time. Let
us do it for the eyes of all men, and for history.
200
PHOTO-USA will be supported through both public and private
sources.
This is an ambitious project, one that will take a measure
of our enterprise, imagination and strength -- but it is not a novel project.
In the past America used the camera to document and save vast areas of our wild-
erness, to record how we fared in the great depression of the 1930's and to
record our victory in World War II.
This new project will touch every geographical area and Ameri-
200
cans from all walks of life. PHOTO-UA will be the kind of picture study that
can hang on museum walls as well as be seen in classrooms, can become a book as
well as a collection. I am pleased that The Library of Congress has agreed to
preserve it for future generations.
Photography, with its built-in ability to teach, report and
reflect America, as no other medium can, is a natural tool for the Bicentennial.
This project will be hard work and I ask all Americans to help make 1F09 success,
to join PHOTO-USA's director, Ken Heyman, and his colleagues to produce GERAD what
will be one of the most exciting documents in American history.
Application to:
AMERICAN REVOLUTION BICENTENNIAL ADMINISTRATION
For Recognition of:
200
PHOTO-U
A project implemented by a committee
of photographic experts assembled at
The White House at the request of
President Gerald R. Ford.
LIBRARY GERALD P. FORD
APPLICATION FOR ARBA OFFICIAL RECOGNITION
June 2, 1975
I.
General Background
1. Sponsor: Committee appointed at request of President Ford;
David Hume Kennerly, Honorary Committee Chairman
2. The White House, Washington, D.C.
202 456-1414
3.
Title: PHOTO-USA
4. Director: Ken Heyman
64 East 55th Street
New York, N.Y. 10022
212 421-4512
Temporary
5.
Members of the Board of the sponsoring organization include:
David Hume Kennerly
White House Official Photographer
Carl Stover, Director
Bicentennial Resources
National Endowment for the Arts
Gifford Hampshire
Documerica
Environmental Protection Agency
Jess Gorkin, Editor
PARADE
Arthur Rothstein
Photo Editor
PARADE
Robert Gilka
Director of Photography
NATIONAL GEOGRAPHIC
Brian O'Doberty, Director
Visual Arts Program
National Endowment for the Arts
FORD is 07V830 LIBRARY
Rod Goldstein
Department of Photography
National Endowment for the Arts
Byron Schumaker
Chief of Photography
Department of Agriculture
Alan Fern
Director of Photography
Library of Congress
Virginia Hart
Department of the Interior
John Morris
Director
THE NEW YORK TIMES News Service
John Durniak
Photography Editor
TIME Magazine
Eugene Ostroff
Director of Photography
Smithsonian Institution
These experts net four times at The White House. This
committee concluded that this project would be most effec-
tive if it were set up outside the Government as a non-
profit, self-liquidating corporation, established for the
sole purpose of hiring photographers to photograph the
USA. After considering many individuals for the position
of Director, they chose Ken Heyman, a world-renowned
photographer. Mr. Heyman recently completed his eleventh
photography book. Entitled WORLD ENOUGH, it has text by
Dr. Margaret Mead, and will be published in October.
6. Not applicable.
7. Formal announcement of the project by The White House will
be made in the next month.
II.
1. (a, b, c, d, e)
PHOTO-USA is a project implemented by a committee of photo-
FORD
graphic experts assembled at The White House at the sugges-
tion of the President, to compile a pictorial record of the
United States in the Bicentennial year.
LIBRARY
Every state and territory of the nation will be represented
in the final selection of photographs that will constitute
a permanent record of this project. All age, ethnic and
regional categories will be included in the picture subject
material, and the results will be available to all. Books
and exhibitions drawn from the pictures will further this
availability. The main purpose of the project is to gather
a historical record for both the present and future genera-
tions. It is expected the project will result in the most
important visual statement of our time.
2.
(a)
The project will demonstrate how the basic principles on which
this nation was founded have become translated into the reali-
ties of today.
(b)
Through its diversity of subject matter, the project reflects
all the themes of Heritage '76, Festival USA, and Horizons '76.
(c)
The project will result in a better understanding and apprecia-
tion of our heritage by making it graphically visible to all.
(d)
The project will result in citizen participation in the commemora-
tion by affording all the opportunity to view the visual record
of Americans in their manifold activities and achievements.
(e)
The project will help citizens improve their quality of life by
helping to nourish their morale and their pride in their accom-
plishments, and also by illustrating areas where additional pro-
gress is still needed.
(f)
The three themes of the Bicentennial will be emphasized, in line
with President Ford's request that the project produce a compre-
hensive historical record for the future.
(g)
Since the project will result in a permanent collection to be
housed in the Library of Congress, it will be an enduring por-
trait of American life in the Bicentennial Year.
FORD : GERALD LIBRARY
3. (a)
Time-plan: The only photographs used in the project will be
those taken during the official Bicentennial Year. Many
photographers will be given contracts because no photographer
will be given more than a one-month assignment. All work
will be completed by the end of 1976. The Library of Congress
has agreed to preserve this collection in archival form -- a
process to be completed by May, 1977.
(b) Timing of project
(1) Duration of project:
2 years
(2) Period of major emphasis: June 1975 - December 1976
(c) Estimated cost of project
(1) Total estimated cost:
$2,250,000
(2) Funds on hand:
$ 13,000
(3) Additional funds required:
$2,237,000
(d) Source of funding on hand
Corporation:
$ 3,000
Other:
$10,000 (Individual)
(e) Anticipated source of additional funding
(1) Federal:
$1,500,000
(4) Corporation: $ 400,000
(5) Foundation: $ 137,000
(6) Other:
$ 200,000
(book, film and
television rights)
FORD & LIBRARY 018870
CERTIFICATE OF INCORPORATION
OF
2'00
PHOTO-VIA, INC.
(a Delaware Non-Stock Corporation)
I, the undersigned, in order to form a non-stock
corporation under the General Corporation Law of the
State of Delaware, do hereby certify as follows:
1. Name
The name of the corporation (the "Corporation") is
200
PHOTO-USA, INC.
2. Registered office and agent
The registered office' of the Corporation is 100 West
10th Street, City of Wilmington, County of New Castle,
State of Delaware. The name of its registered agent is
The Corporation Trust Company, whose address is 100 West
10th Street, in said city.
3. Purposes and powers
3.1 The objects and pùrposes of the Corporation
shall be exclusively charitable, educational, scientific
and literary within the meaning of section 501 (c) (3) of
United State Internal Revenue Code of 1954, as the same
GERALA the FORD LIBRARY
may be amended from time to time.
3.2 In fortherance of its objects and purposes as set
out in section 3.1 hereof, but not for any other object or
purpose, the Corporation shall have the following powers, in
addition to those powers granted by the General Corporation
Law in the State of Delaware, to the extent permitted by law:
3.2.1 To make a comprehensive photographic record
of America today, in all its aspects, as a project of the
nation's Bicentennial celebration, to reflect life of America
in the mid-1970's.
3.2.2 To record, through a photographic documentary,
the way of life achieved in the United States after two centuries
of existence, in the cities, farmlands, scientific complexes,
cultural centers, and in financial, commercial, and athletic
activities and social, religious and educational institutions.
3.2.3. To contribute the aforesaid photographic record
and documentary to the Library of Congress, to place said record
and documentary - public exhibition throughout the United States
and otherwise to disseminate through any and all appropriate
media, including print, television and motion pictures, the
aforesaid photographic record and documentary.
3.2.4 To solicit, accept, hold and administer funds
exclusively for the Corporation's objects and purpòses set forth
in section 3.1 hereof, and to that end to take and receive, by
bequest, devise, gift or benefit of trust, any property, real
or personal, tangible or intangible, wheresoever located;
-2-
FORD is LIBRARY GERALD
3.2.5 To transfer or distribute funds to
organizations which are exempt from income tax under
section 501 (c) (3) of the United States Internal Revenue
Code of 1954, or contributions to which are deductible
under section 170(c) (1) of such Code, as such sections
and such Code may be amended from time to time;
3.2.6 To exercise its rights, powers and
privileges by holding meetings of its Members and Board
of Trustees, by keeping its books, by employing personnel,
and by establishing one or more offices, branches, sub-
divisions and agencies, within or without the United States
of America; and
3.2.7 To do everything and anything reasonably-
- and lawfully necessary, proper, suitable or convenient to
achieve the objects and purposes set forth in section 3.1
hereof;
provided, however, that the Corporation may not exercise any
power, either express or implied, in such a manner as to
disqualify the Corporation from exemption from income tax
under section 501(c)(3) of the United States Internal
Revenue Code of 1954, as the same may be amended from time
to time.
3.3 It is the intention of the Corporation at all times
to qualify and remain qualified as exempt from income taxrd
GERALD. LIBRARY
-3-
under section 501 (c) (3) of the United States Internal
Revenue Code of 1954, as the same may be amended from
time to time. Accordingly:
3.3.1 The Corporation shall not be conducted or
operated for profit, and no part of the net earnings of
the Corporation shall inure to the benefit of any private
member or individual; nor shall any of such net earnings
nor any of the property or assets of the Corporation be used
other than for the objects and purposes of the Corporation as
set forth in section 3.1 hereof;
3.3.2 No substantial part of the activities of the
Corporation shall consist of carrying on propaganda, or
otherwise attempting, to influence legislation; nor shall
the Corporation participate in, or intervene in (by the
publishing or distributing of statements or otherwise), any
political campaign on behalf of any candidate for public
office;
3.3.3 In the event of a liquidation, dissolution,
termination or winding up of the Corporation (whether voluntary,
involuntary or by operation of law), none of the property or
assets of the Corporation shall be made available in any way to.
any individual, corporation, or other organization, except to
corporations or other organizations which qualify as exempt
from income tax under section 501 (c) (3) of the United States
Internal Revenue Code of 1954, as the same may be amended from
time to time.
FORD is LIBRARY 038870
-4-
4. Incorporation
The name and mailing address of the incorporator is:
Name
Address
Ken Heyman
64 East 55th Street
New York, New York 10022
5. Trustees
5.1 The affairs of the Corporation shall be managed
and all powers of the Corporation shall be exercised by
the Board of Trustees, except as otherwise provided by
law, but the Trustees shall act only as a Board and the
individual Trustees shall have no power as such. The
Board of Trustees shall be deemed to be a Board of
Directors for all purposes under the General Corporation
Law of the State of Delaware.
5.2 The powers of the Board of Trustees, unless
otherwise specified by the Members, shall include the
power to borrow. money and give security in the name of
the Corporation without limit as to amount, but only in
furtherance of the stated objects and purposes of the
Corporation.
5.3 The Board of Trustees may, by resolution passed
FORD
by a majority of the whole Board, designate one or more
is
LIBRARY
RD
committees, each committee to consist of two or more of
GERALD
LIBRARY
the Trustees of the Corporation. The Board may designate
-5-
one or more Trustees as alternate members of any committee,
who may replace any absent or disqualified member at any
meeting of the committee. Any such committee, to the
extent provided in the resolution, shall have and may ex-
ercise the powers of the Board of Trustees in the management
of the business and affairs of the Corporation, and may
authorize the seal of the Corporation to be affixed to all
papers which may require it.
5.4 The Corporation shall not have authority to issue
any capital stock.
5.5 The number of Trustees which shall constitute
the whole Board shall be fixed by the By-laws, but in
no case shall the number be less than three.
5.6 Election of Trustees, their term of office,
quorum and voting requirements, classes of Trustees, and
filling of vacancies shall be as provided by the By-laws.
6. By-laws
6.1 The Corporation shall adopt By-laws, which shall set
forth the procedures for the election of Members and Trustees
of the Corporation, and may contain such other provisions for
the regulation of the affairs of the Corporation as from time
to time shall be deemed advisable. Such By-laws, to the
extent permitted by law and this Certificate of Incorporation,
are to be adopted in the first instance by the person named
-6-
FORD & 07V839 LIBRARY
in section 4 hereof as the incorporator of the Corporation,
and thereafter the Board of Trustees may from time to time
make By-laws, and amend or repeal By-laws (other than By-laws
which provide that they may be amended or repealed only by
the Members); provided, that any By-law made, amended or
repealed by the Board of Trustees may be amended or repealed,
and any By-laws may be made, by the Members.
6.2 The Members of the Corporation shall, in the first
instance, be elected by the person named in section 4 hereof
as the incorporator of the Corporation; thereafter, the
admission of all other persons to membership in the
Corporation, the conditions of membership, the rights and
obligations of Members and the classification of Members,
if any, shall be as provided in the By-laws.
7. Miscellaneous
The private property of the Members, Trustees and officers'
of the Corporation shall not be subject to the payment of
corporate debts to any extent whatsoever.
In witness whereof, I have signed and acknowledged this
Certificate of Incorporation this
day of
, 1975.
Ken Heyman
64 East 55th Street
New York, New York 10022
-7-
LIBRARY GERALD R. FORD
STATE OF NEW YORK
)
: SS.:
COUNTY OF NEW YORK
)
Be it remembered, that, on the
day of
1975, before me, a notary public in and for the County
and State aforesaid, personally came Ken Heyman, a
party to the foregoing Certificate of Incorporation,
known to me personally to be such, and acknowledged
the said Certificate to be the act and deed of such
signer, and that the facts therein stated are truly
set forth.
Given under my hand and seal of office the day
and year aforesaid.
Notary Public
FORD is GERALD LIBRARY
919 THIRD AVENUE
STEVEN T.ATKINS
MARTIN BALSAM
HARVEY BRECHER
NEWYORK,N.Y.10022
CHARLOTTE M. FISCHMAN
HERMAN N, FINKELSTEIN
HARVEY L. FRIEDMAN
(212) 688-1100
ROBERT M. HELLER
COUNSEL
STEPHEN A. HOCHMAN
SEYMOUR HOZORE
GEOFFREY M. KALMUS
CABLE ADDRESS
SHERWIN KAMIN
NICKRAL
PETER S. KOLEVZON
MICHAEL PAUL KOROTKIN
ARTHUR B. KRAMER
LOUIS LOWENSTEIN
TWX NUMBER
MICHAEL J. NASSAU
710 581-5340
MICHAEL S. NELSON
MAURICE N. NESSEN
EUGENE H. NICKERSON
THOMAS P. PEACOCK
GEORGE SOLL
RICHARD S. WEISBROAT
June 6, 1975
BY HAND
Mr. Ken Heyman
64 East 55th Street
New York, N.Y. 10022
PHOTO-USA, INC.
Dear Ken:
This letter will confirm our understanding that,
as soon as possible after filing of the Certificate of
Incorporation of PHOTO-USA, INC., we shall file an appli-
cation with the Internal Revenue Service for a determination
letter which will establish the following:
1. PHOTO-USA, INC. is exempt from Federal income
tax under section 501 (c) (3) of the Internal Revenue Code
of 1954, as an organization organized and operated ex-
clusively for charitable, educational, scientific and
literary purposes.
2. Contributions to PHOTO-USA, INC. will be deduc-
tible for Federal income, gift and estate tax purposes
FORD & GERALD LIBRARY
NICKERSON, KRAMER, Lowenstein, NESSEN, KAMIN & SOLL
Mr. Ken Heyman
Page 2
3. PHOTO-USA, INC. will be treated as a publicly
supported charity, rather than as a private foundation.
This will assure donors of the most favorable set of rules
to govern deductions for contributions to PHOTO-USA, INC.
It will also permit private foundations to make grants to
PHOTO-USA, INC. without having to police use of the grant
money by exercising "expenditure responsibility".
Filing of the above application will be made on
Form 1023, a copy of which has been furnished to you. As
set forth on that form, the application must contain a de-
tailed description of how PHOTO-USA, INC. intends to operate,
the expected sources of its funds, and pertinent information
as to its officers and directors. I already have some of
this information, and understand that you will furnish me
with the balance as soon as you can.
Sincerely,
Michael J. Noner
Michael J. Nassau
MJN:SM
FORD & 076839 LIBRARY
Kennerly
David
Thursday 5/22/75
5:00 At Mr. Buchen's request, called Dudley and asked
if he would call Mr. Hyman in Dave Kennerly's
office and discuss a project that is to have the
President's blessing.
FORD is 07VU30 LIBRARY
THE WHITE HOUSE
WASHINGTON
July 21, 1975
MEMO FOR:
PHIL BUCHEN
FROM:
KEN LAZARUS
ko
SUBJECT:
Photo-USA
Attached is a copy of my memorandum to Dave
Kennerly on the subject noted above.
It is my belief that the most fruitful step which we
can take at this point is to schedule a brief meeting
with Jack Marsh, Dave Kennerly and any other
interested individuals in order to discuss the matter
further.
May I have your guidance.
Attachment
( FORD LIBRART
WH 5
June 24, 1975
MEMORANDUM FOR:
DAVE KENNERLY
FROM:
KEN LAZARUS
SUBJECT:
PHOTO-USA
I have reviewed the material which you sent to me earlier this
week and offer the following:
(1) Any support of the project by the President should be
clearly a matter of public record. In this regard, I might
note that the draft Presidential statement is perhaps a bit
hyperbolic and needs some editorial work.
(2) I see no problem in your serving as a member of the
board of PHOTO-USA, Inc. Additionally, it would be entirely
appropriate for your name to be carried on the masthead of
the organization and on any published materials. However,
it would be entirely inappropriate for you to promote any
government funding of the project. Thus, I would advise you
to refrain from any personal contact with representatives of
ARBA and a instruct the operating officers of the corporation
to be sensitive to my concerns in this regard.
(3) I assume that you do not intend to accept any compensation
from the subject corporation.
It might 3 worthwhile for us to get together for a few miautes
in order to discuss this matter further.
KAL:dlm
FORD is 071830 LIBRARY
THE WHITE HOUSE
WASHINGTON
Kenney
July 22, 1975
MEMORANDUM FOR:
JACK MARSH
FROM:
PHILIP BUCHEN T.W.B.
SUBJECT:
Photo-200
Attached is a copy of an earlier memo that Ken
Lazarus prepared for Dave Kennerly. I suggest
you set up a meeting to include yourself, Dave
Kennerly, Ken Lazarus, me and anyone else you
may wish to include.
Attachment
FORD is LIBRARY GERALD
David
July 21, 1975
Kernerly WH 5
Project
MEMO FOR:
PHIL BUCHEN
FROM:
KEN LAZARUS
SUBJECT:
Photo-USA
Attached is a copy of my memorandum to Dave
Kennerly on the subject noted above.
:
It is my belief that the most fruitful step which we
can take at this point is to schedule a brief meeting
with Jack, Marsh, Dave Kennerly and any other
interested individuals in order to discuss the matter
further.
May I have your guidance.
Attachment
Note: Returned incoming from'Jack Marsh to PWB.
KAL:dlm
FORD : CERALD LIBRARY
Monday 7/28/75
Meeting
7/29/75
10 a. m.
4:10 At the request of Sandra Eisert in Dave Kennerly's office,
we have scheduled a meeting for Ken Heyman on Tuesday 7/29
at 10 a.m. concerning the Dave Kennerly bicentennial project.
KISMARIC
He will probably bring his picture editor, Carol Karismerik.
Do you want Ken Lazarus to join you?
GERALD
FORD ?
oh
LIGRATY
Some items in this folder were not digitized because it contains copyrighted
materials. Please contact the Gerald R. Ford Presidential Library for access to
these materials.
He's 28, Gutsy-And the President's Personal Eye
How David Kennerly Got There
By Frances Spatz Leighton
on't call me the court
get a certain person's visit to the
D
jester. Don't call me
Oval Office recorded for his-
the President's best
tory, only to have Kennerly tell
friend," said Presiden-
him, "I've already done it."
tial photographer David Ken-
Never in the memory of
nerly to this reporter after an
White House press has a pho-
exclusive interview in his hectic,
tographer enjoyed such a free-
noisy, White House basement
and-easy relationship with a
office. "That's not my bag. Show
President. Surely, no lensman
me just the way I am-a pho-
would have dared to barge into
tographer doing a job."
the Presidential offices of Tru-
But what a job! One that
man, Kennedy, Johnson or
gives him the rare privilege of
Nixon. Kennerly literally is a
opening the door of the Presi-
law unto himself. even deciding
dent's office. no matter who is
which pictures to print, which
inside, and just walking in. Or
to use. In Lyndon Johnson's
Kennerly's favorite picture is this one, which captur
sharing a drink at the end of the
day. no White House picture of
day. If that isn't being at least
the President or even of his
"That was when Jerry Ford found out how gutsy I
good friend, it will do.
dogs. could go to a newspapët
was. At the time, Kennerly barely recognized 11
It was having that kind of
or magazine unless it had been
easy relationship that resulted
cleared by the President
he brashly told Ford, 'I'm going to disappear fc
in the smoke-filled Presidential
himself.-
see me next, I will be on top of the mountain will
portrait on this page, David
As for his clothes, no White
Kennerly's favorite of all the
House photographer before
hundreds of pictures he's taken
Kennerly had ever dared show
He just grabbed the big Crown
And it was here, at
of Gerald Ford.
up in full beard. blue jeans,
Graphic and was on his way.
Linn High. that David
"It happened at Camp
turtleneck sweater and sports
"By lucky chance," he recalls,
into his own as a photogr
David," he recalled, between
jacket. But that's practically his
"I got a clear shot of a guy
taking pictures for the
phone calls and other interrup-
uniform and the outfit he wore
sliding into home plate. When I
paper, the yearbook and
tions. "The President was deep
on the day of this interview with
saw my name under that pic-
selling sports photos on tl
in thought while working over
FAMILY WEEKLY. But at least
ture in the school paper, called
to the town paper at $
some papers. The photo was
he had on shoes. Secretaries
the Orange R, I knew what 1
print. "I will always be &
taken in his study and I just used
outside the Oval Office are
wanted to do."
to the photo teacher at
available lighting. I had come in
sometimes thrown into a state
But it wasn't that easy.
Linn," says Kennerly.
quietly. sensed his mood and
of shock by Kennerly's sprawl-
Though he kept taking pictures,
Darrell Greenlee, and I
snapped a few shots of him con-
ing around without shocs while
his journalism teacher fre-
can help him inspire oti
centrating. Something about
waiting for some VIP guest to
quently told him how terrible
he did me."
this one-the total absorption,
be ushered into the President's
they were. what was wrong and
But selling photos at $
the quiet mood and the pattern
office. Sometimes the irreverent
sometimes even threw them on
throw was still a long wa
of smoke-captured the real
photographer barely manages
the floor to make his point.
the White House. Wh
feeling of what it's like when the
to get his shoes back on before
Instead of giving up, young
graduated from high
President is working in his shirt-
the Very Important Person
David determined to show that
David worked 12 hours
sleeves. Anyway, it's my favor-
arrives.
teacher.
loading sacks of flour an
ite." Kennerly adds, "I don't
Kennerly's own young life
But before he had a chance,
ing around a flour mill 1
think the President was even
(he's 28) and career certainly.
his family moved to a suburb
enough money to buy a
aware that I was there when I
show how far one can go on
of Portland. Instead of being
with three lenses-28-m
took it."
guts-and talent. When he was
modest and waiting for some-
mm and 105-mm. Bef
That's the way it is a lot of
just 16 and a student at Rose-
one to discover him, he ex-
had completed his first
the time. Kennerly slouches in,
burg (Oregon) High School.
pounded on his genius with a
Portland State College,
wearing his soft desert boots,
the school photographer got
camera and demanded and got
quit and went into the
and just lurks around till he gets
sick, and the startled David was
a job on the school paper. The
newspaper office, the (
the picture he wants. Several
told to rush out to the ball field
amusing thing is that only then
Journal. He demanded
times the President has rung for
and shoot a baseball picture. He
did he sign up for a course in
the editor with "my portf
his photographer, wanting to
didn't say he didn't know how.
photography.
pictures," and he got th
FAMILY WEEKLY, November 16, 1975
THE WHITE HOUSE
WASHINGTON
Ken:
Is this O.K. ?
If SB, keep for
your records
P.
LIBRARY GERALD R. FORD
THE WHITE HOUSE
washington
April 5, 1976
ADMINISTRATIVELY CONFIDENTIAL
MEMORANDUM FOR:
DAVID KENNERLY
FROM:
JIM CONNOR
SUBJECT:
Talking Points - the Kennerly
Book
Dick Cheney advised that the President haş seen and ok's the provisions of
the attached paper.
Please follow up with appropriate action.
encl.
CC: Phil Buchen w/encl.
LIBRARY GERALD R. 0804
WILLIAM A. TURNAGE
Business Manager for Ansel Adams
c/o ANSEL ADAMS ROUTE1 BOX 181 CARMEL CA CA9321
LIBRARY GERALD R. FORD
TALKING POINTS
THE KENNERLY BOOK
I.
Purpose - A visual history of the Ford Administration to January 1977.
II.
Subject - The book would include the President, His Family and close
associates on the White House staff (particularly Dick Cheney), as well
as Cabinet, Executive Branch and Congress. The President's travels
and meetings with world leaders would be an integral part of the book.
III.
Approach - A generally chronological approach, beginning with appoint-
ment as Vice President.
IV.
Photographs - Photographs by David Kennerly, with very limited
exceptions. The book will be a personal historical essay by Kennerly,
not a compendium or anthology of news photos.
V.
Text - Text by a noted political historial (e. g. Daniel J. Boorstin).
A preface by Kennerly; a brief introduction by Ansel Adams in re: the
role of photography as history; and, ideally, a brief foreword by the
President in re: Kennerly and their relationship, DHK's role as seen
by the President, etc.
VI.
Publication - Plan for publication in Spring 1977. Potential publishers
include Little, Brown & Co., Viking Press, Houghton Mifflin, Knopf.
Ken Lazarus (Associate White House Counsel) has agreed that publisher
may make a "reasonable" return on investment (any "windfall" return
above an agreed level to be donated to charity).
VII. Legal - Project reviewed and approved by Mr. Lazarus. Requires
formal approval of Mr. Cheney. Contract will be reviewed prior to
signing with Mr. Lazarus. A formal proposal with full documentation
will be prepared for Mr. Cheney's approval - probably in May 1976.
Publisher may desire a letter of concurrence and copyright release
(per 2b of Lazarus "Talking Points" memo) signed by the President.
VIII. Personnel - David Kennerly, Photographer; Sandra Eisert (WH staff),
Editor; William Turnage, Project Coordinator responsible for pub-
lishing and production matters; David H. Vena, Attorney (Latham and
Watkins, Los Angeles).
IX.
Expenses - No direct or indirect cost to USG. All use of USG photo labs,
materials, etc. to be fully reimbursed. No royalties or compensation to
Kennerly or Turnage (other than actual out-of-pocket expenses for travel,
is
FORD
GERALD
LIBRARY
- 2 -
etc.). Hourly fee to Sandra Eisert for editorial work on project
(done on personal time). Legal and other expenses as required.
William A. Turnage
LIBRATA GERALD R. FROM
TALKING POINTS
RE KENNERLY PROJECT
1. General. Assuming that he is willing to abide by the restrictions
and conditions which are discussed below, Mr. Kennerly may produce
and publish a pictorial essay on President Ford.
2. Restrictions on Copyrights. Mr. Kennerly may copyright the book
itself but not any of the photographs which are selected for inclusion.
a. Released photographs. Photographs which have already
been released and are thus within the public domain may
not be copyrighted (17 U.S.C. §8).
b. Unreleased photographs. Under copyright law, unreleased
photographs which are the personal property of the
President (Opinion of the Attorney General dated
September 6, 1974) would be subject to copyright with
the approval of the President. However, the standards
of conduct applicable to White House employees would
bar this type of personal benefit to Mr. Kennerly as a
resuit of his official position [see 3 CFR 100. 735-15(b)].
c. Waiver of Copyright. As discussed above and with the
approval of the President, photographs eventually included
in any publication should be accompanied by a notation
along the lines of: "No copyright is claimed with respect
to the official government photographs contained herein. =
This was the form utilized in Eye on Nixon, published by
Clement Stone in 1972.
d. Note. In two instances copyrights have apparently been
claimed by or from Presidents for photographs during
their term of office (The Memories by Cecil Staughton,
President Kennedy's photographer and The Vantage Point
by LBJ). However, in these instances the publication
and the claim occurred after completion of the term of office.
3. Restrictions on Production. During the course of production of such.
a book, two requirements should be met.
The President? Mr. Chency?
a. Approval. Mr. Kennerly's superior (Ron Nessen?) would
have to formally approve such a project based upon the con-
clusion that it would not be incompatible with Mr. Kennerly's
official duties [3 CFR 100.735-15(c)].
b. Costs. Photographs selected for inclusion should be paid
for in full by the publisher.
4. Financial Restriction. Two points should be made with respect to
royalties and profits from any such book.
a. Ban on compensation. Mr. Kennerly should not accept any
compensation or royalties under the contract governing
publication [18U.S.C. $209 and 3 CFR 0.735-13].
CHANGED
b. Profits. Similarly, all profits on the book should be donated
directly to a charity by the publisher and a notation to this
effect should appear in the book.
a.
REASONABLE RETURN
GERALD
FORD
PUBLISHER CAN MAKE A
ON INVESTMENT.