Saturday, May 19, 2007

Copyright Alliance

We see ourselves as the good guys, the Rebel Alliance if you will. In the beginning, as with Lucas' fictional rag-tag group who "realized the Empire had absolutely no regard to the rights, or even the lives, of its citizens...", and to Peter Jackson's interpretation of a petite and unwilling leader who fought against "dark forces gathering to the west...", both legions, in the end, won.

Enter The Copyright Alliance, a better organized and financed group of organizations with the single aim of resisting the attempts to overthrow the constitutionally endowed rights for creators to possess, for a limited period of time, a monopoly of their creations. Those dark forces are the populus who runs fast and loose with people's rights.

At their announcement of the formalization, Thursday May 17th, James Gibson, University of Richmond Law Professor, cited the example of the many of us who exceed the speed limit. When we do, we break the law, and as with that, when we are caught, we pay the price, he posited. Many infringers, like speeders, see only the infringement as risky if caught, and then, without registration, there is no true punishment, as the recoverable is almost always severely limited, and so, speeders and infringers prevail. So much so, that people seen driving only the speed limit are looked at as antiquated - the grannies of the road - caught in a time warp of reality, where speeding, and, analagously, infringing, is just de rigueur.

Most people who have driven through Georgia, for example, know that you drive 55mph, not 56. Those Georgia troopers enforce the speed limit to the letter. In New York City, everyone knows, "don't block the box", and drive long enough in your own community, you know where the speed traps are. So too, should potential infringers respect the laws - and rights - of those who are the creators.

The Copyright Alliance is working to ensure creators rights are protected. But the Dark Forces to the West are growing, establishing a front, and seeking organizations to chip away at the methodoligies used to protect the artist's right to restrict uses of their works. They have sought to push forward broad-reaching Orphan Works legislation. Many agree that some well thought out version of Orphan Works will be the solution to the critical preservation needs of archivists looking to save images and movies that are being lost to the degradation that occurs over time. That photos that are found in a shoebox at a garage sale might have limited commercial value or intention to commercially be exploited. Yet, blanket protections afforded across the board are what's on the table, and that's just not fair.

Consider that copyright is afforded the citizenry in the first 1,600 words of the Constitution. Consider then, that issues like gun rights, slavery, and equal rights for women were things that were missing and needed to be fixed. The framers considered copyright so important that it was integral to the initial document, yet other important issues were forgotten. Try, instead, dismissing copyright as irrelevant, suggesting that slavery or equal rights for women, are irrelevant. Those dismissals, as with copyright, also are offensive to me.

Among those penning articles about the group are Variety, CNET, Reuters, and Broadcasting & Cable.

You must fight for your rights as a creative. Stand up and be counted. Engage in the dialog and debate. Recognize too, that, where you're reading this not as a US citizen, but rather, around the world, that the world is watching. How we treat copyright can become cracks in the copyright of your own countries.


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Thursday, May 17, 2007

Don't Delete!

Honestly, ask yourself - how long do you think it would take for you to review assignment images, and delete outtakes? Assume, for a moment, you are shooting RAW, on a Canon 1Ds Mark II, and you are generating 19MB files. That's 53 images. How long would it take for you to do the delete? A few minutes? With 300GB drives costing around $150 or so, that's about $0.50 per GB, or $1 per GB, properly redundant. It's cheaper to not delete the files, and simply give them a ZERO star rating in your archives. The time involved in either paying someone, or the loss of your own time doing so, just is not worth it. Someday, you may be, for whatever reason, wanting those files. If your camera is generating smaller RAW files, then it will take even longer.

Chase Jarvis has an interesting take on this, and he cites Avedon, who's seminal work from the Southwest would have likely never been done had it not been for an outtake that he took in Italy in 1947 that someone else noticed.

Simply put, don't delete your files. Save them. You never know when a piece of a file might be necessary. An overexposed image might give you detail in the shadows of a scene you need for an image that could use a higher dynamic range. Perhaps, an image could be re-tooled into something interesting. That image of the delete key I shot with my point and shoot, and it captured every bit of dust on the keyboard - a total deleter! However, applying some creative filters made it an interesting file, something that shouldn't be deleted!


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Wednesday, May 16, 2007

Proof Positive

Over at The Consumerist, they have an interesting article titled "Make Debt Collectors Prove They Own What They Say You Owe", which includes, in part:

We've mentioned how if you're being pursued by a debt collector, you need to make them prove that you owe the debt...you need to make them prove that it is they they actually own the debt, what is called having "standing."...When we defend clients in court on these types of cases...the debt buyer refuses to produce at trial the alleged "purchase agreement" where they supposedly bought the debt...
So, what does this mean?

Consider that you are that debt collector, and the debtor is the person for whom you provided services to, or to whom you've delivered prints, or a CD. I know far far too many photographers who do not require the client sign an estimate or other document prior to the beginning of work being performed.

What if the person hiring you gets fired? Quits? Dies? Or, what if they remember you agreed to terms or fees that you didn't, because it's not in writing, signed? What if you spent a lot of money on an assignment (airfare, hotels, assistants, and so on) and they either thought all expenses were included in the fee, or don't approve expenses like yours? A signed agreement would give you "standing" with this person, or if they are no longer with the company, for whatever reason, with their boss, legal department, or accounting department.

You must have a signed document from your client outlining terms and conditions, fees and expenses, and rights granted, and you must have your signature on the document as well. Not doing so, is like playing with fire, and you will get burned.

Oh, and one more thing - save and archive these documents, meticulously and methodically!
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Tuesday, May 15, 2007

New Crime - Attempting to Steal Photography?

According to CNET:

Attorney General Alberto Gonzales is pressing the U.S. Congress to enact a sweeping intellectual property bill that would increase criminal penalties for copyright infringement, including "attempts" to commit piracy.

"To meet the global challenges of IP crime, our criminal laws must be kept updated," Gonzales said during a speech before the U.S. Chamber of Commerce in Washington on Monday.

The Bush administration is throwing its support behind a proposal called the Intellectual Property Protection Act of 2007, which is likely to receive the enthusiastic support of the movie and music industries and would represent the most dramatic rewrite of copyright law since a 2005 measure dealing with pre-release piracy.

While the devil is always in the details, this is certainly an interesting turn of events. Further, it's worth noting that Rep. Lamar Smith, who is quoted as tentatively in support of this, previously was reported (also by CNET) "Congress readies broad new digital copyright bill" which didn't gain traction, and the roundly criticized Orphan Works bill, which also sank in the last Congress, but may yet have a pulse during this session.
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Monday, May 14, 2007

Teaching People

If every time you speak to a prospective client, you capitulate on demands, you deserve the bad deal you get. Last week, we had a client experience were we sent them an estimate with our standard limited rights package. First, they called, wanting to limit re-use, with the stated objective that the subjects didn't want to end up on my website, or as stock. Ok, I can work with that. Then they wanted a broader rights package, then they wanted 10 years' use, then unlimited. Then, when we outlined the additional fees that would apply, they balked, wanting to pay the original fees for the broadest of uses. Then they opted for just a five year package, but wanted, again, not to pay any additional fees. Then when we stuck to our guns, they started in with "is that the best you can do?", to which I responded, "yes", and stopped talking. Then they tried the "we are expanding in DC, and will need photography in the future, and want to be able to use you, and want to know, is this the best you can do for us?" I thought to myself - did I just hear an echo? "Yes, this is the best I can do. You've expanded the rights package, and, as such, the fees increase, that's only fair." "Ok, fine", was her response, and the deal was done.

It would have been easy to capitulate. My office manager herself said she would have just given in at some point. I told her "then you would have lost on that additional fee, which isn't anything to sneeze at."

We teach people how we expect/want to be treated. We teach people how much we value ourselves, and the work we do, and how we value that work. When we acquiesce to bad deals, we have only to blame ourselves.

ASMP has a great PDF - On Buying Photography, that helps you teach your clients about your work. I have a web page - On licensing and Usage, and Usage and Rights Analogized, that are helpful for clients. Dwight Cendrowski has a FAQ for clients.

If we remain, for example, in an abusive professional relationship, we are teaching people that it's ok to continue to treat us that way. Abusive relationships, in our personal life, are the same. Dr Phil says the about teaching others how we want to be treated, so I'll leave that aspect of the debate to him, but I do agree.


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Saturday, May 12, 2007

My Latest Tool, and a Glimpse To The Future

I found myself sitting at a luncheon, and several of the Nikon execs and I were discussing products, and their evolution. I queried one of the Nikon folks seated at the table, who shared with me that he's responsible for handling the consumer products for Nikon. I responded that I was duely impressed with the wireless capability of the point and shoots they were using at the PhotoPlus Expo party back in October. He then told me about the latest - the S50C, which has wireless built in too, and direct-transmits to Flickr. I said "well, my wife is currently shooting with a film point and shoot, and she's been insisting we get a digital point and shoot. He then offered to take my right down to J&R to get one. I said "no, thanks, I'll get it from Jeff Snyder at Penn Camera if I do. If I went to J&R, I'd certainly hear about it from him."

On the ride home from New York, where the luncheon was, I got to thinking. And the next day, I called Jeff, and placed an order, not for one, but two. Without cracking the manual, and a few moment's glimpse at the "quick start" guide, I had the camera connected to my home network, and was uploading photos. It was absolutely amazing. More importantly, it was miles and miles away easier than configuring my WT-2A transmitter that I use on my D2x, or the transmitter I use on my 1Ds Mark II. Further, The entire point and shoot was actually about 1/2 the size of just the transmitter!s for my pro Nikon and Canon cameras.

Enter my speculation. If Nikon can make the transmitter about the size of four chicklet gum pieces, I imagine that that capability will be integral into whatever Nikon's latest offerring will be, whenever they announce it. Given that the D2x is getting long in the tooth, the next generation of Nikon camera must be due anytime this year. This integration, coupled with what will almost certainly be a much larger chip/file size (and after this jump, future chips should focus on clarity over size, I think this coming generation will be the last significant size increase, as necessity goes), will mean one kick-ass camera.

With the ease with which I was delivering family photos to a distribution list and then to Flickr, seamlessly, I am excited about what the future holds for Nikon. If you want your own S50C, click this link to send your request to Jeff at Penn.


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Friday, May 11, 2007

Flickr and the LAW

Recently, I was having breakfast on a travel project with a colleague of mine. He asked of me "what's the big deal with Flickr? I don't get it. I don't see the benefit of being there, of taking the time to be on it. It's just for people to share their family photos, right? What does it help we professionals?" I reponded, telling him that Flickr is not just that, and that friends, prospective art directors, and so on, can make you a "friend", and then, whenever you post new photos, they turn up on their Flickr page. It's friends and these prospective clients are choosing to want to be alerted when you add photos, and it's all automatic and shows up on their own page straightaway! Further, properly tagged (think Keywords, Check here, for Stan Rowin's insights on this and a link to a report with even more information), people can find the photos, and get in touch with you, or, maybe, mis-use your photo.

Stan has other insights on Flickr here, but how do we, as professionals, not only leverage the value of Flickr, but also encourage fair and just use of our work there? Enter the Flickr Licensing Awareness Working Group, which has, as it's mission:

We are a collection of photographers on Flickr who are concerned about the fair and legal use of our creative work.

Flickr is intended to be a photo-sharing site. However, the term "photo-sharing," while ambiguous, does not imply that material on Flickr is freely obtainable by either registered users or non-users without first gaining consent by the creator or owner....Many photographs, images and other works on Flickr are either full or partially copyrighted by their owners. Copyright laws are in full effect on Flickr and should be respected...Flickr gives its users the ability to indicate images that are more freely available by applying Creative Commons...Flickr was not intended to be a stock photography site. If you wish to use someone's image, words or an idea, please make a personal connection with the artist and ask permission first....We are here to bring awareness to copyright issue.
If you want to be on the front of the curve, knowledgeable about what's going on out there, for example, the RF site 123RF had their Flicker API revoked (as reported here), because they wanted to commercialize Flickr, further, consider "Speculation about when Yahoo's Flickr, the world’s most popular photo sharing site, might enter the micro-stock business has surfaced in stock photo industry circles" as reported on AboutTheImage here. Further, StockPhotoTalk discusses the cancellation of the API here, just days after reporting the plug-in live here, and speculated almost a year ago that Flickr may well enter the commercial stock photography business, as reported here.

Certainly, the time is right for professional photographic organizations to engage this issue. The tipping point has arrived and I am more than happy to engage and assist, where beneficial. The LAW Group has several links to the obvious - Flickr policies, Yahoo policies, and links to report abuse/mis-use on the site. It's a beginning. However, I encourage everyone to engage this issue, to become familiar with what Flickr can do for you, and what the risks are, and could be. Join the Flickr group and become a part of the process.
Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.


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Wednesday, May 9, 2007

Microsoft's Oversight Correction

A wrinkle occured when the language was presented for the Microsoft Future Pro Photographer contest was announced, whereby a "cut & paste" error was made by a paralegal drafting the contest rules, which read:

5. ENTRIES PROPERTY OF SPONSOR.
All Entries become the property of Sponsor and Administrators and will not be returned. By submitting your Entry, you grant Sponsor and Administrators an irrevocable royalty-free, worldwide right, in all media (now known or later developed) to use, publish, alter or otherwise exploit your Entry. You hereby forever release the Sponsor and Administrators from any and all claims you might have in connection with their use and exhibit of your Entry as set forth above. You also agree to sign any necessary documentation to effectuate that license and release. If you do not want to grant Sponsor and Administrators the foregoing, please do not enter the Contest. Sponsor and Administrators are not obligated to use the Entry, even if it has been selected as a Winning entry.
These concerns were raised by those involved in the contest, and were corrected to read:
"5. Rights to Use Entries.
As a condition of accepting a prize, you agree to grant Microsoft an irrevocable royalty-free worldwide license to reproduce and display the image, credited with your first and last name, in print and on the web for the purposes of only promoting this contest."
That certainly is a much better resolution.

However, your "prize winning" and "prize accepting" entry could mean that if you forgo the prize (i.e. you don't accept the prize), then that right is not granted? It sure reads that way.

In either event, this is much better. Thanks Microsoft for correcting that, and to the Sponsors, who made inquiries that gave weight to the concerns that many of you e-mailed me with!
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Tuesday, May 8, 2007

Getting the Credit You Deserve

So, we're all worried about point size. Is it 6pt? 8pt? Adjacent to the photo? In the gutter of the page? Maybe you're a major contributor to the piece, photo-centric as some say, and so you get a big "Photographs by..." right under the title of the article. Maybe some designer somewhere has deigned your attribution to page 365 of the magazine, in a small box where no one will ever see it, yet they think nothing of giving the author a plug at the end of the article "Jane Doe previously write for this magazine on the subject of X, Y and Z in the December 2006 issue. She can be reached via e-mail at Jane@JaneDoe.com". Why the hell don't we get the same consideration?

Wait, I got off on a bit of a rant there. This piece isn't about photo credit, it's about credit, as in, I will loan you money if you pay me back more than I gave you. THAT kind of credit.

On a loan of $125,000, according to our friends at Freddie Mac, a 7% interest rate for good girls and boys means you pay a monthy combined total for principal and interest of $831.63. Bad girls and bad boys, you have a 12% interest rate, and pay $1,285.77. That means you're paying $454.14 and a total of an additional $163,490 over the life of the 30 year mortgage. Man, that sucks!

So, just how do these sharks calculate what your percentage rate is? Well, the higher the risk you won't pay them back, the higher the interest rate. The folks at Fair Issac Corporation (FICO) are in charge of your future.

So, what is your credit score? If the end result of between 500~579, you suck. You've not paid your bills on time. You, sir or madam, are a bad credit risk. If you're in the 760~850 range, you're golden. A perfect risk. To find out, our dear friends in the federal government have deemed it necessary for you to get one free credit report, every year. How? check out www.AnnualCreditReport.com to learn more. There are three credit bureaus that have got your number, they are Equifax, Experian, and TransUnion.

Once you've got your number, here are a few suggestions:


  • You need to have credit cards. Creditors don't like people who keep cash in their mattress, they like you to play in their sandbox awhile with other people's money before they will loan you theirs at a good rate.

  • Don't max out your cards. Get two, and rack them up only half way. They like this better than maxing out.

  • Have a good mix. Those student loans, a car loan, and a few credit cards look better to them.

  • A big paycheck doesn't mean a good credit rating.

  • Be a timely bill payer. Set up your cards to be paid automatically from your bank account so you don't forget.


If you have been a bad boy or girl in the past, but are on the straight and narrow now, potential new creditors like that. More weight is given to recent credit entries in your history with the bureaus than older bad listings. Bills such as your cell phone bill can also affect your credit rating if you pay it late, and if you try to open a line of credit at a camera store, a bad credit score will preclude that.

Once you've paid your bills on time, and have good credit, then go on and worry about the point size of your photo credit, and whether or not the magazine will print your photo credit as your URL instead. (and have you tried that?)
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The Curious Case of Allan Detrich

What do you do when you've been disgraced from your job altering 79 photographs (revealed so far), and are fired? Turn to what was your hobby - Storm Chasing. So was the path that disgraced Toledo Blade staff photographer Allan Detrich followed as he, the phoenix, temporarily rose from the ashes when he found himself in the middle of the aftermath of the Kansas tornado disaster. (oh, and note the "Courtesy of" photo credit that appeared on the front page of CNN.com)


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