Tag Archives: Grant Heilman Photography

DMLA 2017 Conference is Another Big Success

I’ve just returned home from New York and I’m feeling so grateful for your participation in this year’s DMLA Annual Conference.  Our attendance was greater than last years and I trust that you were happy to be back in Manhattan!

The conference survey has been distributed and I hope you take the time to give us your feedback on this year’s event.  Your comments are so important as we begin to prepare for next year’s meeting in Los Angeles, California.  With all the exciting new things on the West Coast in terms of media and usage we are very excited to bring DMLA out west!

First I want to give recognition to all the wonderful speakers, moderators and panelists who made the conference so compelling.

As all of you know, lots of work goes into putting on an event like the DMLA 2017 Conference and we are so privileged to work with so many talented people.  To our Program Committee led by Ophelia Chong (Stock Pot Images), Doug Dawirs (DMLA Tech Advisor), Rick Gell (Consultant), Paul Melcher (Melcher Systems), James Oh (Adobe), Andrew Rowat (Haystack), Julie Sloane (Science Source) and Sonia Wasco (Grant Heilman Photography) a huge thank you for putting together such a diverse and interesting program.

A huge thank you to Doug Dawirs for working so tirelessly both days on the AV for the sessions and making sure that everything flowed so well. And an extra thank-you to Ophelia for her design of the conference logo and the new fold-up program that I believe everyone really enjoyed having right in your name badge holder this year!!

A special thank you to Geoff Cannon, our DMLA President, for his support and guidance and to our Treasurer Chris Carey and Past President Sonia for all their extra help.

It’s almost impossible to put on a conference without the assistance of our sponsors to help with the costs and we are so grateful for their generosity.  Adobe stepped up again with the Platinum Sponsorship and provided the wonderful conference bags, the delightful opening reception and provided us with a great session.  Silver Sponsor Capture’s DMLA LIVE DAM 2017 gave everyone easy access to find people for meetings and they also sponsored the great notebooks everyone was using to take notes!  I hope you’ve checked out the site (https://dmla.capture.co.uk) since the conference to see all the great live images!

Thanks also to Cowan, DeBaets, Abrahams and Sheppards (CDAS) for sponsoring the lanyards.  To Clarifai, attending their first DMLA Conference, thanks for stepping up and sponsoring our Monday night cocktails!  Our printing was coordinated once again by Grant Heilman Photography and KeyIndia provided us with a wonderful masseuse that I hope you enjoyed.  Additional kudos to ImageRights who sponsored the photo booth at the cocktail parties (such fun) and the covered coffee cups during the day.

It was really nice this year to include more motion in our sessions and we thank both FOCAL and ACSIL for their participation and sponsorship.

And to our photographers Bjorn Bolinder (for the conference) and Jamie Ellington (for the receptions) who donated their excellent skills to our cause we are so very thankful.

And to Andrea Stern and Mary Egan from MOCA who helped me secure the sponsorships and provide all-around support for this event, a big hug and thanks!  They also have reviewed all the sessions and we will have those reviews up on the DMLA website ASAP.

Our photographers Bjorn Bolinder (for the conference) and Jamie Ellington (for the receptions) donated their excellent skills to our cause, many thanks!

Again, thanks to each of you for your support of DMLA and the conference.  I look forward to hearing your thoughts and suggestions.

If you would like to be involved in next year’s conference planning, please contact me.  cathy@digitalmedialicensing.org.    Looking forward to seeing everyone next year!

 

 

Sonia Wasco: Lifetime Achievement Award Winner 2015

In the last of our series of last year’s award winners, we look into the dedication of our member, Sonia Wasco, Past President, and still an active volunteer for DMLA.  She was the winner of the Lifetime Achievement award last year and it was more than well deserved!  Most president’s serve their term and a year as Past President and then move on.  But that isn’t the case with Sonia.

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What has been your role over the years at PACA/DMLA?

I began working at Grant Heilman Photography in the spring of 1986. Grant Heilman, Jane Kinne, and Bob Roberts were good friends and confidants who spoke regularly by phone. Before the end of the year, they had me signed up for my first New York City PACA meeting and sharing conversations with Susan Turnau. At that time, she owned and operated Miami based Sharpshooters stock photo agency and was the chairperson of PACA’s Ethics and Grievance Committee. I became a member of the committee along with Bob Zentmaier from Photo Researchers (now Science Source) and quickly found myself surrounded by some of the best ‘Movers and Shakers’ of the stock agency world. I could not help being impressed and motivated to be successful like them. I served on the Ethics and Grievance Committee for six years before moving to Chairperson for another six years. From 2000 to 2002, I served as President, a role that became extremely challenging as PACA found itself without an Executive Director and in difficult financial straits at the end of my term. I take pride in being part of the team of strong PACA leadership who helped to rebuild and bring the organization out of the brink of destruction. Then PACA President, Patrick Donahue (Corbis); Vice President, Cathy Aron (Photo Network) (these two offices switched places shortly after elections); Secretary Dexter Lane (Peter Arnold); Treasurer, Doug Segal (Panoramic Images); Members at Large, Jeff Burke (PictureArts) and Roger Ressmeyer (Getty Images) along with Jeff Shultz (Alaska Stock); Sharon Dodge (Illustration Works); Nancy Wolff (PACA Council); Bob Roberts and Roberta Groves (H. Armstrong Roberts); Jane Kinne (Consultant) and Chris Ferrone (Retrofile) spent many hours re-writing the PACA Bylaws and Operating Manual and running the organization. Special note needs to be given to these dedicated individuals who I believe saved the Association from demise. PACA’s Executive Office of Past President also was quite memorable for me. Following my term as President, the next four Presidents left the industry following their terms and I was asked to step back on the Board to fill the role of Past-President. We often joked that my office was unending. Lately, I have served on the Program Committee for conferences and as Nominating and Elections Committee chair.

What does winning the lifetime achievement award mean to you?

It is extremely humbling to receive this award. So many PACA/DMLA members over the years have given so much to the organization. I have met incredible people and made life-long friends with other members from all around the world through my experiences with PACA/DMLA. To be recognized by my peers with an award of this nature for something that I have enjoyed doing for nearly 30 years seems overwhelming. I have the deepest respect for those PACA/DMLA members who have served before and after me and feel very privileged to be the recipient of the first Lifetime Achievement award. Perhaps it has something to do with being the Past-President for so many years? I certainly hope it doesn’t mean I am getting put out to pasture!

Looking back at the organization’s success, which contributions of yours are you most proud of?

As each new PACA/DMLA President comes into office, they establish goals they want to achieve. When I became President in 2000, the photo industry world was very fractured among the different photography related associations. No one trusted what each other was doing, and I was troubled by this. I set out to mend the issues that drove us apart. We began inviting other associations to our meetings and opened discussions among us. These steps resulted in much healing and mutual efforts that benefited photographers. I also had a personal mission to visit or talk with every PACA member during my term. I was so impressed by what my colleagues were doing and how great their individual companies operated. I left the office of President a richly inspired person. Over the many years of my involvement with PACA and now DMLA, this inspiration has been what has driven me to stay involved and want to jump in with both feet to work to get things done!

What have you been working on for this year’s conference and what are you most looking forward to?

This year, I am responsible for the visual effects of the conference in Jersey City. Last year we worked hard putting together an outstanding program and this year’s committee has done a fabulous job on the session development. I felt one of the areas that could be improved from last year was the visual projections and signage for the conference so I volunteered to take that on. With the inspiration of Doug Dawirs and help from my Grant Heilman Photography colleague Josh Slaymaker, we have put together a new format to inform attendees of what is happening and what is coming up next. I hope everyone enjoys the polished look this will add to the conference.

You studied animal science and agriculture in college. How did you that transition into a career in stock photography?

By never closing a door. When I graduated from Delaware Valley College (now University) I was looking to go to grad school to study veterinary medicine. Just prior to graduating, Penn State University came to our graduating class and dangled teaching jobs in front of us because they did not have enough certified teachers of agriculture to fill open positions. My degree from Delaware Valley was in Large Animal Science with a minor in Small Animal Science. I took Penn State’s offer of a guarantee to teach in September if we took their summer intensive studies in Education (and went on to get a Master’s in Agriculture Education) and found myself teaching high School Agriculture at Shippensburg. Following this six month position, I was hired to teach Agriculture at Warwick High School in Lancaster County. One of our science teachers who did science research and experiments for Grant’s science photos gave him my name as a candidate for an opening for the Director of the photo library. Grant flew in from Colorado for my interview and I was the lucky candidate to be offered the job. Grant wanted someone who could ‘talk agriculture’ as 60 percent of the company’s business was supplying images to the animal health and crop advertisers and magazines. The other sector of business was the high school science textbook market. My ten years of teaching agriculture couldn’t have given me a more perfect background for working with the clients that purchased images from our collection. Grant was also looking for someone to run the business as he incorporated and transitioned to retirement. In 1987, I was named Vice President of Grant Heilman Photography, Inc. I was promoted to President and COO in 1995. Over the years I received stock bonuses and purchased additional stock whenever possible. In 2011, I purchased Grant’s final shares of stock as he officially retired from Corporation to officially become the owner of the company. One of my fondest PACA memories was watching Grant receive the PACA Member Emeritus award in 1996. He was one of the most inspirational people in my life, and I was so fortunate to receive that phone call back in 1986 that put me in touch with him. I know I speak for the many people who have had the opportunity to stay that he enriched their lives by knowing and working with him.

 

COURT UPHOLD GRANT HEILMAN’S JURY AWARD FOR UNLICENSED PHOTO USAGE

by Nancy Wolff,  DMLA Counsel 

The Third Circuit, in Grant Heilman Photography, Inc. v. McGraw Educ. Holdings, LLC, 2015 WL 1279502 (E.D. Pa. Mar. 20, 2015), upheld the jury’s verdict that McGraw-Hill had not proven that Grant Heilman Photography, Inc. (“GHP”), was on notice as to McGraw-Hill’s unlicensed use of GHP’s photographs in its textbook publications prior to April 18, 2009. As such, GHP was not barred by the Copyright Act’s three-year-statute of limitation, 17 U.S.C. 507(b), from collecting damages for the overrun and unlicensed use of their images prior to April 18, 2009.

Background:

17 U.S.C. 507(b) states that a plaintiff cannot bring a civil copyright infringement claims, unless such claims are “commenced within three years after the claim accrued.” Circuits Courts, such as the Second (NY, CT and VT) and Third Circuit (NJ, PA and DE) has adopted the “discovery rule”, under which the three-year “countdown” does not begin to run until the plaintiff discovers, or should have discovered through due diligence, when the infringement took place.

On April 18, 2012, GHP brought a copyright infringement suit against McGraw-Hill citing 2,395 instances of McGraw Hill’s infringing use of GHP photographs between 1995-2011 (only a representative sample of 53 claims were presented to the jury). McGraw-Hill did not deny copyright infringement, but argued that GHP’s copyright infringement claims against McGraw-Hill for unlicensed use of their photographs prior to April 18, 2009—the purported accrual date of GHP’s claims—are barred under the Copyright Act’s three year statute of limitation.

In its review of the jury’s verdict for GHP, the court analyzed whether, as per the discovery rule, the evidence and testimony presented at trial showed that GHP “should have known the basis for [its] claims[, which] depends on whether [it] had sufficient information of possible wrongdoing to place [it] on inquiry notice or to excite storm warnings of culpable activity.” The court admitted that McGraw-Hill had a strong argument that an objectively reasonable copyright holder could recognize that McGraw-Hill’s numerous copyright infringements between1995-2009 were storm warnings “heralding possible greater infringement” by McGraw-Hill. However, in what it called “a very close question”, the court found that other evidence presented at trial indicated that the jury could have found verdict in favor of GHP. Mainly, there was evidence that:

  1. McGraw-Hill itself was unaware of the extent of its license infringements until 2013, so that a jury could find that GHP could not be on inquiry notice before April 18, 2009;
  2. McGraw-Hill’s records were not well organized, so that a jury could find that GHP would not have received concrete information even if it had inquired;
  3. There was an impliedly accepted “course of dealing” between McGraw-Hill and GHP, where McGraw-Hill would use GHP’s photographs without permission, and subsequently invoice GHP for the use;
  4. When GHP became aware of specific license infringements, it worked with McGraw-Hill towards resolving the issue, so that a jury could find that GHP (i) did not sit on its rights, and (ii) viewed past infringements by McGraw-Hill as officially resolved, and not as “storm warnings of future instability”;
  5. McGraw-Hill’s print run of its book was confidential, so that a jury could find the GHP, dependent on such information to determine whether McGraw-Hill had overrun its licenses, could not have been on inquiry notice.

Takeaway:

This case is a reminder that the industry’s procedures and course of dealings are relevant and that practices once prevalent before electronic licensing may need to be updated by publishers and licensors to ensure accurate licensing. A few years back the then PACA Editorial Relations Committee made great efforts to work with educational publishers on contracts ad practices that would protect the interests for both licensors and publishers in the digital era. Cengage was the most responsive and worked with the association in crafting language and licensing structures that took account the needs of both parties. DMLA remains open to further collaborations with other publishers. Hopefully this decision will reduce the litigation in this area and lead to reasonable resolutions as both publishers and image libraries need to work together to ensure that educational books contain images necessary to illustrate the history, culture and information reflective of our times.

Original article on original jury trial can be found here

GRANT HEILMAN AND PANORAMIC IMAGES• AWARDED DAMAGES FOR COPYRIGHT INFRINGEMENT CLAIMS AGAINST TEXTBOOK PUBLISHERS

In two recent jury trials, both Grant Heilman Photography Inc. (Grant Heilman) and Panoramic Images were awarded copyright damages against textbook publishers resulting from the publication of images outside of the scope of the license terms.

Grant Heilman brought a copyright infringement action in Federal Court, Eastern District of Pennsylvania against the McGraw-Hill Companies. This trial was a bellwether trial, meaning that the trial was limited to a representative sample of the many images that were alleged to be used outside the scope of the license, to give the parties a feel of how a jury would decide the issues on the other images. The jury was asked to determine a number of issues and all were answered in Grant Heilman’s favor. One issued involved the validity of Grant Heilman’s copyright registrations in some of the images that were being contested by the publisher. The jury did not agree that the publisher had presented evidence that the copyright registrations were invalid, upholding Grant Heilman’s registration practices.

In this sample infringement case, the copyright registrations were not filed before the infringing use, consequently Grant Heilman was limited to seeking actual damages, including profits and could not elect statutory damages. Nonetheless Grant Heilman was awarded a total of $127, 087, which included profits and actual damages.

Importantly, the jury rejected the publisher’s theory that Grant Heilman should have known about “storm warnings” (general knowledge of excessive use of images by textbook publishers) or should have been on notice that the publisher was not complying with its license agreements prior to 2009. This is significant because if the publisher was successful in claiming that Graham Heilman should’ve known of “storm warnings”, then the statute of limitations may have reduced the number of years that damages could be awarded. Because the jury found in Grant Heilman’s favor, it was not precluded from bringing claims for infringements prior to April 18, 2009. Presumably, the parties will either have a trial or settle the remaining claims that were not tried in this bellwether trial.

Panoramic Images brought a similar action against John Wiley & Sons, Inc. in Federal District Court of the Northern District of Illinois. This trial involved damages for six images in excessive of license terms. As in the Grant Heilman case, there was an issue as to whether Panoramic should have known that the publisher was not complying with its license agreements before it filed its claim, which would have limited the amount of years Panoramic could recover damages. The jury did not find that Panoramic should have known that its licenses were not complied with and did not cut off damages before December 17, 2009. In this instance, 5 of the 6 pictures were registered before the infringement, permitting the jury to award statutory damages.

The jury found that Wiley’s infringement of the 5 photographs was willful and for 4 of the images the jury awarded damages of $62,500 each, for a total of $250,000.

For one cover image, the excess use was substantial, and the jury awarded the maximum statutory damages of $150,000. For another individual image that Panoramic Images had not registere3d before the use, the jury awarded actual damages of $500 and profits of $3000. In total the jury award for all six images was $403,500.

Both Grant Heilman and Panoramic Images were represented by the firm of Harmon & Seidman.

Grant Heilman Copyright Claims against MCGraw Hill May Proceed Subject to Further Evidence

 by Nancy Wolff, PACA Counsel

Grant Heilman Photography, Inc. v. McGraw-Hill Company

Prior to a trial over 2395 alleged instances of copyright infringement against text book publisher McGraw Hill Company, Grant Heilman Photography (GHP) brought a motion for partial summary judgment for copyright infringement on 57 of the images and to seek dismissal of a number of the publisher’s affirmative defenses. On June 26th the federal Court for the Easter District Court of Pennsylvania denied the motion for partial summary judgment without prejudice and allowed GHP copyright claims on those images to proceed based on issues of fact that could be resolved with additional evidence.  Read the whole story here.

Grant Heilman Copyright Claims against MCGraw Hill May Proceed Subject to Further Evidence

 by Nancy Wolff, PACA Counsel

Grant Heilman Photography, Inc. v. McGraw-Hill Company

Prior to a trial over 2395 alleged instances of copyright infringement against text book publisher McGraw Hill Company, Grant Heilman Photography (GHP) brought a motion for partial summary judgment for copyright infringement on 57 of the images and to seek dismissal of a number of the publisher’s affirmative defenses. On June 26th the federal Court for the Easter District Court of Pennsylvania denied the motion for partial summary judgment without prejudice and allowed GHP copyright claims on those images to proceed based on issues of fact that could be resolved with additional evidence. The affirmative defenses raised various issues including whether GHP had standing in the case; if McGraw-Hill’s use of the images constituted copyright infringement; under implied licenses, and whether the statute of limitations for bringing an infringement claim had expired.

McGraw-Hill contested that GHP had standing to bring copyright infringement claims on behalf of their contributors, siting a Ninth Circuit case Righthaven v Hoehn that denied standing to sue based on an assignment of only the bare right to sue without any of the exclusive rights under copyright such as the right to  authorize reproductions, distributions and to create derivative works .     GHP contributor agreements and subsequent riders, however, granted GHP the exclusive rights to exploit the copyrighted works and provided sufficient ownership rights to convince the court that GHP had enough ownership interest in the photographs and their copyrights to bring a claim for infringement.

Second, McGraw-Hill attempted to claim that no actual copyright infringement had occurred even though its use in many instances had exceeded written license agreements.  The Court examined whether McGraw-Hill’s alleged infringements qualified as copyright infringements using a two part test: the first requiring that a work have a valid copyright registration, and second, that there has been an unauthorized use of that registered work.  GHP satisfied the first part by providing evidence of registrations for each of the photographs in question.  The second part, however, was a more complicated matter.  McGraw-Hill claimed that while it may have exceeded the original agreed upon terms, it had established implied licenses with GHP to allow for an increased use of the images through conduct, course of dealing and its interactions with GHP over the years.

The Third Circuit has not explicitly ruled on implied licenses, leaving no binding precedent upon which to base the current decision.  Similar implied licenses have, however, formed the basis for decisions in other districts’ court decisions with conflicting results.  Two district courts, one in Arizona and another in Colorado, have held that an implied license cannot be found through conduct and that permission must be requested and granted in order to use the photos in excess of the license terms.  Other district courts, including in New York and Alaska, have held that conduct can be used as the basis of an implied license.  Here, the court concluded that even if the Third Circuit were to allow an implied license to affect the terms of an agreement in this regard, McGraw-Hill’s conduct with GHP did not support an implied license to use the images beyond original invoice terms.  McGraw-Hill routinely requested permission from GHP before exceeding the use and GHP had correspondence reiterating that rights were only granted upon payment of invoice before publications and all past GHP retroactive licenses were identified as uses without permission. As a result, the court determined that McGraw-Hill had infringed on GHP’s copyrights.

Lastly, the Court examined whether the statute of limitations had run and barred GHP’s copyright infringement claim for McGraw-Hill’s use of the 57 photographs in question.  In this circuit, a copyright infringement action must either be brought within three years of the infringement having taken place, or three years of when the party infringed upon should have discovered that the infringement occurred (referred to as the “Discovery Rule”).  Importantly, the court stated that a recent Supreme Court case looking at laches under copyright (Petrella v. Metro-Goldwyn) did not overrule the Third Circuit Discovery Rule.

McGraw-Hill presented evidence which showed that GHP had knowledge of the publisher’s pattern of infringing activities dating back to 1998.  McGraw-Hill did not dispute that it had infringed on certain GHP photography copyrights, but that none of the infringements were actionable as the fell outside of the three year statute of limitations.  GHP brought forward no clear evidence of infringements within the three-year period.

Consequently the court denied the motion for summary judgment on the grounds that there remained questions of material fact regarding the statute of limitations issue and permitted GHP to provide additional evidence.  Depending on whether GHP can present any new evidence which would point to their lack of knowledge of these infringements, or if there were any other infringements from within the applicable time period, McGraw-Hill may be liable for copyright infringement and GHP may be able to recover damages for these 57 infringing uses. Remaining for trial are the other more than 2000 instances of copyright infringement.

The Photo Industry Loses One of Its Icons

PACA Joins the staff of Grant Heilman Photography in mourning the death of their  founder

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Grant Heilman passed away on Tuesday, February 25 at his home in Buena Vista, Colorado, following a brief illness.  He was born in 1919, in Tarentum, Pennsylvania.  He had a wonderful small town bringing up, and loved small town living his entire life.  He could stand large cities for as much as a week at a time.

He attended the Academy of the New Church in Bryn Athyn, Pennsylvania, and then Swarthmore College, from which he graduated in 1941.  He remained a supporter of Swarthmore during his lifetime, and felt they had given him a wonderful education and lifelong friends. 
His education was furthered through military service in World War II.  He was drafted as a private in September of 1941, was demobilized as a Captain in November of 1945, spending almost four years overseas.  After Pearl Harbor he talked the Army’s Counter Intelligence Corps into accepting him as a Special Agent.  From then on he was sometimes in uniform, sometimes in civilian clothes.  Shipped to England in June of 1942, he worked mostly in London, partly as a liaison officer with Scotland Yard.

He went to Algeria, North Africa, in the invasion of November 1942 and eventually became Detachment Commander of the CIC operation in Oran, Algeria.  Most of his work gradually became acting as liaison with the French civilian and military counter intelligence forces.  With the invasion of southern France he moved to the Counter Intelligence staff of the Sixth Army Group, and his work there, again, was mostly as liaison with the First French Army’s counter intelligence, which had come from Algeria to France. 
His most publicized activity in France was in early 1945, heading up a team of French and American counter intelligence agents ordered to recover America’s most secret cipher machine, the SIGABA—and to find out who had stolen it.  It had been stolen from the U.S. Army’s 28th division near Colmar, in Alsace.  The story of its recovery has been widely written up over the years, though who was really responsible for its theft has never been told.  Grant was awarded both the American 
Bronze Star and the French Croix de Guerre for his work on the missing SIGABA.  He was also made an honorary Private First Class in the French Foreign Legion while he was in Algeria.  He finished his military career doing staff counter intelligence work at the US Group Control Council in Berlin, where he continued liaison with the French and the British counter intelligence and, when they could be found, the Russians.

Following his military service he returned to Pennsylvania, where he had grown up, decided he’d had enough of intrigue and avoided going into the fledgling CIA, which many of his fellow counter intelligence agents continued their careers in.

In 1946 he married Marjorie Mapel, a sculptor, print maker, and industrial designer. He started work as a magazine journalist, gradually specializing in agricultural subjects, doing both writing and photography.  In 1948, he founded the photographic stock agency that still bears his name and is located in Lititz, Pennsylvania.  He lived in Lititz for thirty years, becoming a devoted advocate for conservation and preservation of open space. Grant was a Nationally known and respected photographer covering the Country taking photos of our lands. Grant believed in and was an active supporter of the photographic and agriculture community and industry organizations having two National Presidents of the PACA (Picture Archive Council of America trade association) on staff.  He was involved in the National AgriMarketing Association, America Agricultural Editors Association, The Agriculture Relations Council, American Society of Picture Professionals, American Society of Magazine Photographers and many others. He retired as CEO from Grant Heilman Photography in 2011. His writing or photographs have appeared in almost every publication, and in dozens of textbooks.  He has authored, both text and photographs, a number of books, best known of which are Farm Town and Farm. In 2012 he self published a western novel, Krieger. 
He and Marjorie had one child, Hans, born in 1957.  Marjorie died in 1961.  Grant married a Swarthmore College classmate, Barbara Whipple, who was also a printmaker and field editor of American. Artist Magazine   Barbara and Grant moved from Lititz, Pennsylvania, to Buena Vista, Colorado, in 1976 and lived together there until Barbara’s death in 1989.

In 1994 Grant married Conrad W. Nelson, a neighbor and longtime friend from Pennsylvania, and she moved to Buena Vista.  Conrad is also a printmaker, photographer, and community leader. 
Obviously, during his lifetime, Grant learned a lot about, had a great interest in, and loved, art.  With Barbara Whipple he was one of the founders of the Chaffee County Council on the Arts. After Barbara Whipple’s death in 1989 most of their collection of prints and paintings was given to the Colorado Springs Fine Arts Center.

He had a longtime interest in land use planning, enjoyed hiking and the outdoors, particularly in studying and improving the forest that surrounded his and Conrad Nelson’s home west of Buena Vista. 
Above all, he just had a great time being involved in small town activities, and Buenie, with all its wonders and all its problems, remained the ultimate small town that suited him well.  He found fun in going to the Post Office every morning, getting lunch at Punky’s, going out to the college, and being fortunate to be able to have helped fund everything from the Clinic, to the schools, to the Barbara Whipple Trail, and to a lot of small activities that no one but the recipients know about.

He is survived by his wife, Conrad Nelson; his son, Hans, a granddaughter Jorie Beth, and two step daughters, Kate Schilling, of Silver City, New Mexico, and Chris Schilling, of Boise, Idaho. 
Contributions may be made to Hospice, Chaffee County, The Nature Conservancy of Colorado.  Private cremation was held.  Service to be held at a later date.