I’m moving to a different server this weekend. Might be a couple missing comments and 404’s. Sorry about that.
Stephen Mayes, Managing Director of VII Photo and former Jury Secretary for the World Press Photo Awards (2004-2009) is a leading thinker on the future of photography and of photojournalism in particular. He was speaking at the Flash Forward Festival in Boston last week and Miki Johnson live-blogged his talk (here). Reading her notes, Stephen talks about the traditional role of a photograph as recording something real that happend. Analog photography is about fixing something and creating an artifact but digital is the opposite of this. The photograph becomes more fluid and online it is never static, there are an infinite amount of changes that can be made to it. He goes on to say that while the photography business is in decline this is a moment for invention not dismay.
His solution involves rejecting the idea that the value of photography is in licensing/selling content by the “unit” (book, album, photograph) and instead focussing on the integrity of the photographer or institution. His evidence is that with VII Photo, more than half the money generated has come from integrity, not the sale of images. Companies come to them, not to buy images but to partner and find solutions. This all fits in very nicely with the Blog, Facebook and Twitter information feed that people are plugged into. Distribution of information depends on who it comes from not what it is.
He goes on to outline the different ways photographers have advantages in this new ecosystem: being small and fluid is better than big with large overhead, there’s a huge population of kids who don’t care about newspapers but still care about the issues, you don’t have to rely on print to be recognized, bringing the subject into the relationship structure is very exciting and tailoring the story for the specific distribution platform. He concludes that there is no single solution but instead the answers are limitless.
“To permit one artist the right to use without consequence the original creative and copyrighted work of another artist simply because that artist wished to create an alternative work would eviscerate any protection by the Copyright Act,” concludes Judge Pregerson. “Without such protection, artists would lack the ability to control the reproduction and public display of their work and, by extension, to justly benefit from their original creative work.”
via Hollywood Reporter.
Former Art Buyers and current photography consultants Amanda Sosa Stone and Suzanne Sease have agreed to take anonymous questions from photographers and not only give their expert advice but put it out to a wide range of photographers, reps and art buyers to gather a variety of opinions. The goal with this column is to solicit honest questions and answers through anonymity.
I had the Art Buyer from a major Worldwide Agency ask me about how we estimate video when it is a still photographer shooting the video. Is it a director’s fee or do we tag a usage fee? According to the agency, when they hire a Director for a broadcast commercial; he/she will get paid a director’s fee and the client will own the commercial outright. Now that photographer’s are shooting video, they want to be paid a usage fee for the video. This is creating confusion between agency and photographer’s contracts. Is online a different usage than broadcast? Is anyone else having this issue?
First, it’s important to recognize that there are great distinctions between the world of motion and the world of still imagery. It is important for still shooters to know all of the ins and outs of motion before venturing into that world, much less declaring competency.
Videos shot for broadcast vs. videos shot for non-broadcast purposes require adherence to different rules and regulations. Either way, hire the appropriate motion producer to help you navigate through this complexity.
Shooting for broadcast is often a regulated and regimented process when adhering to guidelines created by the AICP (Association of Independent Commercial Producers) and there is an added layer of complexity in union vs. non-union shooting. Use of union talent or union crew adds an exponential degree of complexity to the situation, so again, contract a producer or production company that is well versed.
Like photography fees, director rates can fluctuate. However, since still photography isn’t unionized or standardized, day rates and subsequent production costs and usage fees are all over the board. This, of course, is both a blessing and a curse. In motion, it is standard practice for the person who contracts the work to own all rights to the video or film footage without additional charge.
Directors make their money on day rates and their production companies make their money via a mark-up. This rate is negotiable, but it often starts at 20% of the overall production, not just the fee. Before you think to yourself what a lovely situation that is, better ask a few production companies how it’s going for them during the economic downturn. Many will tell you that the mark-up percentage has been shrinking to virtually nothing.
Note that just because a video is online does not mean it is not regulated. There are new regulations that been put into place by SAG (Screen Actor’s Guild) and AFTRA (American Federation of Television and Radio Artists) that require payment to online talent to match broadcast rates.
There are many more complexities that I haven’t gone into detail about, but suffice it to say that it’s important to do your homework before venturing into motion. And hire the right producer/production company.
Okay, let’s say that you’re ready to enter into that world. Let’s also presume you are shooting non-union video for an online video shown on the client’s primary website. Talent payments are not factored in.
Here are the possibilities:
Stills with motion as an add-on.
Motion with stills as an add-on.
IN MY EXPERIENCE (this is not to say that others don’t do things differently, but at my agency we often integrate productions and always default to the standards and regulations that we have pledged to uphold) we have paid separate fees for the stills and motion portions of a shoot.
In the case of shooting stills first, it is typical to be paid a separate fee to capture video. There would not be an additional fee for usage of the video, but you may be asked to bundle fees for efficiency. Basically, a package rate. We have paid capture and usage fees on the stills portion as normal, although I must say that usage rates have gone down due to tighter budgets.
If a director is contracted to shoot motion first, we’ve paid additionally for stills capture and usage commensurate with normal photography rates. Again, often the price is bundled as a package rate.
Still photographers shooting just motion would typically follow the same price structure as video or broadcast directors, although with many photographers trying to enter that market, they are often offering reduced rates to build their reels with work that gives them credibility and production experience. Will this drive down prices for the future? I really can’t say for certain but all I know is that rates have declined across the board anyway – including what the agency can charge clients. On the plus side, photographers tend to be adept at shooting with fewer crew while maintaining high production value, which helps the bottom line and may provide more opportunities for photographers-turned-director.
Our normal approach is that our still photographer will shoot the stills and simultaneously direct the video. Therefore, we charge our normal print/still creative fees PLUS a director’s fee which is anywhere from $5,000 – $15,000/day. The art buyer from the question is correct – broadcast directors charge a day rate and that gives the agency/client complete usage for any reason and for any time. It is the same for video. And yes, more and more clients are demanding/asking for still shooters who can direct — and of course they will want to see samples of previous work.
PHOTOGRAPHER THAT SHOOTS MOTION:
We separate the still image licenses fee and the director/DP fee. The still images are based on usage, and the motion is owned outright by the client. It’s, at best an awkward arrangement, but to our knowledge, this hybrid process does not currently have another viable approach. I think the bigger discussion could include what’s the value to an agency art buyer in the still shooter/DP/Director. Certainly not a animal that fits all needs, but there is demand, so what’s it worth when it works?
Here is great advice from a buyer, agent and photographer and you should use this information to help gauge how you would do your estimates when charging in this new area for still photographers. The buyers and your peers are paving the way for you.
Call To Action:
This area is an ever-changing area as we see the still arena branching in to many different directions from pure motion to stop action motion. It is an area that we need to continue to educate ourselves with and keep our ears to the ground. Be open to ask questions of your peers. Ask for help. If a client asks you if you do motion, how will you respond? Are you ready? Think about this now and prepare.
in 1980 there were .45 PR people and .36 journalists per every 100,000 workers. As of 2008, that number had shifted radically. There are now .90 PR people per 100,000 workers and just .25 journalists.
via Utne Reader.
I’m hitting the west coast in a couple weeks to give my Social Media Marketing Talk.
It’s always great to meet blog readers at these events. I shook a lot of hands in Denver and everyone thought the talk was the best they’ve seen on the subject. Hope to see you there.
Rob: I need to get into the history of Nick Onken, tell me how it all started. Where are you from? How old are you and when did you get into photography?
Nick: I’m 32 and from Seattle. I started getting interested in photography about six and a half years ago.
Yeah, I studied graphic design then worked as a designer for five years, then I got greedy.
Where did you go to school?
I went to a community college up in Seattle and there was a required intro to photography class as part of the design program.
Oh, dammit! They’re teaching that to graphic designers?
Yeah, but more just as a component. After graduation I designed book covers for a couple years, then went freelance. Then three years later, when digital started hitting the world, I picked up a digital camera. I had a bunch of small clients that I would shoot random, blurry, you know, textures and abstract stuff that I used in my design work for websites and brochures.
You didn’t feel like buying iStock pictures for a dollar? You just wanted to go shoot them yourself?
I knew what I needed. It was kind of more about me being able to get what I want. At that point I don’t think iStockPhoto was really that much into existence. Then I started shooting more and put some photos up on my website and somehow convinced a design client of mine to split the travel expenses to go to Africa and build them a photo library.
[laughs] Yeah, I had no idea what I was doing.
What were you shooting for them?
It was just people and places. no talent, product, or anything like that. The organization was a mission and the project was to capture the people and the places. So I had my Sony F707 – [laughs].
I suppose that’s a really bad camera, I have no idea?
It was like a glorified point-and-shoot. You control it manually, but you’d shoot through the screen on the back.
Yeah, and so how did it turn out?
It turned out great for the time. The client was super happy, I got back and I thought, “Wow, I didn’t know I could ever do that.”
Was a lot of that because you’re a designer and you know what’s going to make the design great or was it that you were actually a talented photographer?
The design part helped me see through the lens, imagining the final product and composing. I’ve always had more of a vision with my photography and had to catch up technically. There may have been some talent mixed in there somewhere.
Do you look back at that brochure and cringe?
Oh, yeah. I think I have maybe one picture or two from that whole trip that would still see the light of day today.
What happened after that?
It was another eight months before I really started looking into photography more. I was a graphic designer, it was not something I thought I could abandon. I hooked up with another photographer, Jim Garner, because I was doing website updates for him. He shot a lot of local Seattle projects, and weddings on the weekends. I started asking him questions and eventually he invited me out on set. He’s gotten pretty big in the wedding world now, but all the stuff I did with him was just the local commercial jobs such as products on the table, and then a few environmental portraits, and a little bit of architecture, etc.
He did everything because if you’re going to be a photographer in Seattle, you better shoot everything, right? So Jim took you under his wing and showed you some stuff, what happened next?
I was still on the fence about doing this photography thing, because I loved design. I was back and forth between the two for months. One day he leveled with me and said, look, you need to be a photographer and that’s it.
How did he come with that conclusion, did he think you had the skills?
I’d been hanging out with him and he’d seen some of the stuff that I was shooting personally and he believed in me and said you need to do this. That was a huge for me.
Was that six years ago?
Yeah that was 2004. I still assisted and helped him out on shoots and I was taking on a lot of design work to pay the bills during the transition, shooting a little bit of my own stuff here and there. Eventually I got a call from Nike to shoot all these athletes.
How did you get that job? Did you market your work to them?
No, I had a friend who was an art director at RGA, they were in a pinch and they needed somebody, so they called me a week before the shoot. It was the week before Christmas and I had three days to arrange everything. When I finished I thought, there it is I’m totally in, the ball’s rolling.
Little did I realize, I didn’t see another job like that for two years.
You thought “I made it, Nike, I’ve hit the big time,” then crickets for two years. What did you do during that time?
I took the money and moved to Paris for six months.
What? Are you serious?
I wanted to live in another country. I used that time to just take it in and learn, breathe, and explore. I shot a few personal projects here and there, shot some models from the agencies there. I traveled to different countries on the weekends and just kind of hung out. I think for me I wanted to do that as an artist, it’s kind of what we take in that comes out in our life and in our art. Living in another country was something I wanted to do.
Did you start freaking out thinking, OK, I need to get some jobs?
Yeah a bit. When a year blows by and nothing of the Nike status comes through, when you think the ball should be rolling, you start to worry. Around the beginning of 2006, I hooked up with Amanda Sosa Stone and she helped me get my bearings straight about marketing and gave me the low down of like how this works, how the advertising world works. She pushed me to go out on meetings and create a marketing plan and I started to do that with the very limited budget that I had.
Talk to me about your style of photography, from day one have you always shot lifestyle?
Yeah, it kind of evolved to be quite honest. I started doing model testing at an agency and it was more catalogy at the very beginning and then just evolved and evolved. Eventually I was doing more lifestyle conceptual stuff. I was still paying the bills with graphic design projects and assisting here and there for Jim. Then in March 2006 I moved down to LA.
You decided you needed to be in LA to make it.
I decided that to play at the top level where I wanted to be, I needed to be in either LA or New York. LA fit my style a lot more and I had a lot of friends down there. It’s not as much of a sink or swim city as New York. So I packed up my little Honda Civic full of all my computers and cameras and moved down to L.A. I basically started from scratch. I started hitting up some modeling agencies and trying to get a little bit of paid patchwork here and there. I was still picking up a lot of design projects. Looking back now, LA was a great stepping stone to my eventual NY relocation.
So when did it finally click? When were you able to go full-time photography?
It was probably three and a half years ago.
So two years after you moved to L.A., you finally got enough clients. Was this just hitting the streets, marketing, producing personal work and building your brand?
Yeah. I’ve always shot my own work, shot my own tests, and stuff like that.
Yeah, but it wasn’t just a lucky break, like Bruce Weber said “Hey, kid, here, take one of my $100,000 shoots, I don’t need it.”
No, it’s all been a lot of hard work. In 2006 I did a two-month trip to Asia for that nonprofit and that’s when I think I really hit my stride with travel work. I got a lot of really great work out of that. And then I think May of 2007 I picked up another Nike job, still in-house and a smaller Nike job, then the rest of that year was a bunch of other small stuff. It’s always been a hustle, and it never stops.
When did you land with Greenhouse reps?
Q3 of 2008.
How did you end up with them?
I had a portfolio meeting over at an advertising agency and I was talking to one of the art buyers. She was really friendly so I asked her who are the good reps out there? She gave me her card and said “Shoot me an email and I’ll tell you all you need to know.” So I emailed her, and invited her to lunch. When we went to lunch, she started telling me what reps were great then said, “Hey, wait, I’ll tell you what. I’ll just email some for you, how about that?”
She emailed them and said “Hey, I know this guy who’s really good”?
Yeah. She actually ended up emailing four other reps, who all ended up being interested, so I went and interviewed them with a set of questions.
Wow. Your work must have been strong then, that those reps were interested and obviously having an art buyer vouching for you is pretty huge, but still the work needs to stand on its own.
Yeah, the work was there enough for a high level Art Buyer to recommend me.
But also clients too. I mean agents aren’t going to take somebody on who doesn’t already have some clients and isn’t generating some work. It doesn’t make financial sense.
Yeah, I had that and I had my brand. I’ve always been big on branding.
So they saw you had your shit together. That’s probably a big part of their job, getting the brand and getting it all cohesive. You had that all done. So after you landed with Greenhouse, obviously a big repping firm, you turned full-time to photography. Take me through the last three years. Obviously we got hit with a massive recession somewhere in there. You were starting your photography career full-time right in the middle of the economy hitting rock bottom, right?
Yeah, and it’s been a great few years. I started at Greenhouse in October of 2008 and I got my first real ad campaign in December 2008 so it took a few months. I had been doing meetings for a couple years prior showing my books at ad agencies. Making the rounds and doing meetings and luckily they remembered me and saw where my work was at that time.
And so you broke into that Leo Burnett level of ad world and you’re in the club aren’t you?
Yeah, I mean the ball’s rolling for sure and a big asset is having a rep like Greenhouse that puts you in that top tier of talent. But, even up until I got that big job, I bid on at least 12 big ad jobs until I finally got that first one. I got so used to not winning the bid that when I did get one I thought, “Oh my God. They actually gave me a job.” In the end, as cheesy as it sounds, you gotta be in it to win it. If you’re bidding then at least you’re being considered.
So I want to talk a little about lifestyle photography just because I feel like, it’s a unique beast. There is a ton of cheesy lifestyle, but pulling off real genuine moments seems to be one of the toughest types of photography. And from my experience it takes a shitload of money to pull off.
Yeah, it’s crazy. I mean you have the casting involved. You have location scouting. I shoot mostly location work. Location is a huge part it. The productions are thousands and thousands of dollars, at least mid five figures. Depending on how many days and how much talent you have on set, all the wardrobe, and you have wardrobe per talent and hair and makeup. Yeah, it does get very, very expensive.
It’s just a ton of people working on it. I know, there’s probably advertising shoots where there’s just a ton of people hanging out, because they’re expensive shoots or something. I feel like in a lifestyle shoot there’s a ton of people working on the physical product, more so than anything else. What makes great lifestyle photography in your opinion?
In my opinion it’s that realism that you can create, real moments and authenticity. It comes from your taste in wardrobe, people, props, clothes, locations. Everything is about your taste, and how you see. Then that all goes into that picture and into that set. You’re creating an action, and a theme, and a story. And then you’re shooting it. And then you’re snapping that camera at the right moment, or a series of moments and then you’re coming back and editing, I think editing is a big part of it as well. I would say the key to my style of photography is me feeling that moment.
And we all know how photojournalists do that, but how do you manufacture that? That’s the thing, right?
Yeah, and that was actually a learning process for me. The transition from my personal work where I get talent running around doing random things at whatever time of the day to advertising photography, to where I’m given this specific creative direction, its very difficult to create a reality within that, because you’re so specifically directed. Luckily I’ve always pulled it off. It’s creating and putting the elements together and then getting the talent to do the action and create that story within those certain parameters, and then just snapping the right moment. And doing it over and over and over and over again until you get the right one. Now I’ve gotten it down pretty well.
How do you get them to act genuine. I mean, is it just casting?
Yeah, and I think casting is a huge part of that. For me, I like to cast people with great personalities that you can kind of see on video castings. Casting the right people with great personalities makes it easier to direct because the talent can move and have a good time on their own.
So, you have to be an expert at casting?
At least have a good eye and feel people’s vibes, what kind of energy they have. It can be hit and miss, but you get better the more you shoot.
Just based on meeting a lot of good lifestyle photographers, a lot of it comes down to the photographer’s personality. Somebody you’re comfortable around, who’s interesting to talk to, a good conversationalist.
Yeah, you have to be good with people. You have to make them feel comfortable.
I want to talk about your website (here) a little bit, because so many people dig your website. You designed this from scratch?
Yeah, I hired somebody called Knowawall to do it. It was a good six-month project.
Did you know exactly what you wanted, as far as functionality and different things you wanted it to do?
Yeah. I had a pretty good idea of what I wanted. I have a couple friends that used them to do their websites. Coming from a design background, I can see all the functionality, the animations, the loading. So, I had a pretty good idea of what I wanted going into it.
I had my brand somewhat developed, and I hired these guys, and was able to use my design background to art direct, a bit. I gave them a very solid brief. I was actually pretty impressed with what they came back with in the first round. I knew I would be, because, it’s like hiring a photographer. You look at their portfolio and you will have a pretty good idea of what you’re going to get.
Right. You saw they had solid work in there, super-refined.
Exactly, I’ve gone through so many websites and, coming from a design background, an impatient design background, I had a pretty good idea of the elements that I wanted to fuse into the website that would make it easier for my clients, and my potential clients, to digest the site easily and not have to worry about wait times too much.
And so it wasn’t cheap, right? I mean, you did pay top dollar, but it’s like hiring a good photographer.
Yeah, I mean it cost me more than my car. That didn’t even include the blog which was another little bit on top of that.
Add in a car stereo and some rims.
I launched in February 2010 and my whole idea going into this was that books are being called in less and less and people referring straight to the website. I had two or three jobs last year where people booked me without even calling in my book.
Yeah. A laundry detergent campaign.
Oh, nice. So yeah, you have a lot of confidence in it. You can send it out to anybody, they’re going to be stoked on it, and stoked on the pictures.
Yeah, defiantly. It’s the whole experience, you can also keyword search on there. There’s at least 2,500 images in the database.
How is it you have 2500 images on your website in only six years of shooting? Do you shoot a lot of personal work?
I guess. I have this ABS theory, “Always Be Shooting.” And I laugh because I get emails from people who say “I’m abiding by your ABS theory.” I think, oh man, I was slightly joking about that, but I guess those are good words to follow for the journey.
Do you have a pair of brass balls you bring out and say coffee is for closers?
Exactly. So I guess I’m always shooting. I try to bust out as many personal projects as possible.
Do you think that’s part of your success?
I think so, I would say the more work you’re doing the better you’re getting, the more your eyes see every time you shoot. It’s all those thousands of decisions you’re making before you click the camera. All your taste, the location, the wardrobe, the styling, the hair and makeup, the model, the direction. Every time you make those decisions you learn for the next time. And so the more you shoot, the more you learn. Did you do a post on the 10,000 hour rule?
I think. So you’re bought into that? That you need to be shooting all the time, because you need to log the hours, the reps.
Yeah, log the hours to improve. On top of that, the reps always love it when they have new work to show, so they can keep putting in front of people.
Talk to me about the blog. How does blogging fit into your marketing and business plan. What’s the purpose of it? Why did you start a blog? You seem to have one of the more active blogs for someone who’s not doing workshops or selling books?
Well I do have a book, but…
Oh, ok but you’re not sponsored by Canon or Nikon and doing workshops?
No. Have you ever read the book, Never Eat Alone?
It’s a great book on building relationships and networking and, you know, the biggest part of that is sharing knowledge with people, and giving something to people. I started it when I was back in my design days before blogs became popular, before anybody actually knew what they were (including me). I started this thing called “Shop Talk” and it was a static HTML page that I manually updated myself, then eventually when blogging became a norm, I rolled it into a TypePad blog engine.
Wow. Old school. It was based on that idea behind the book?
Yeah, kind of. There’s nothing there in the book that really talks about it, but it was based on the idea of sharing and giving back, and what goes around comes around. I believe that if you give people things, it’ll come back to you in some way. So that was the start of the blog. Just share things that I’d learned along the way. And as I keep learning, it can help other people. I don’t know if it’s really gotten me any direct work, per se, but I think it definitely sheds another light into who you are as a photographer, and a person, if a client views your work.
Do you think it’s part of the package that clients are using for hiring now?
Yeah, in a non-direct way.
You don’t have any direct evidence of landing jobs because of something related to the blog, or Twitter do you?
I did this email blast a few weeks ago and I got this kickback email from an art director, saying “I’m not really taking emails but you can Twitter me at this and I’ll be doing portfolio reviews via Twitter.”
No way, really?
Yeah, so I hit this guy up, “I got your email, here’s my website, check it out.” And he hit me back on Twitter with “Nice work, I have a campaign coming up, maybe we can collaborate on that” and so then we continued to have this dialogue via Twitter. But, that’s it. I have more photographers that follow me on Twitter than, art directors.
Sure. But you’re going to keep it up still?
I think part of the idea is creating buzz around your brand.
And could you ever see, relying on blogging and Twittering and Facebooking for marketing?
Its become a couple different channels, you know. You’ve got a photographer channel and you’ve got an art-buying, photo editor channel. It’s a whole different channel. I feel like the blog and the Twitter (@nickonken) and the Facebook (http://www.facebook.com/nickonkenphoto) stuff is more an audience of other photographers. So, for my book it’s been a good channel to distribute and promote that.
What’s the book?
It’s called “Photo Trekking,” and it’s through Random House. We launched it last year.
Oh yeah, you had that big party.
Yeah, we threw a big party for that and I used it as an excuse to have a special happy hour for art buyers and art directors in New York.
Oh, all right, so it’s a marketing piece for you?
Yeah, doing the book really was, it was having a PR piece but also, you know having a book under my belt with a major publisher is a pretty good deal. And just to be able to promote that to art buyers.
And are you selling a lot of books to photographers as well?
Yeah, I think we’ve sold a few thousand.
So things are looking up for you, you’re shooting campaigns for major clients now.
Last year I did a lot of major clients from car manufacturers to alcoholic beverages to sneaker companies to beverage companies.
Was that your best year ever?
Yeah, it was.
I think my readers will like hearing that. You built your business in the middle of a recession and when the economy hit rock bottom you were off like a rocket. Good for you. Well deserved.
Thanks. I appreciate it.
The art gallery world is entirely different. It is commercial and measured by dollars. If it doesn’t sell it won’t be in galleries very long. I certainly promoted my work. I was new. That’s what the contemporary art world wanted and still does, novelty.
There are at least two kinds of photographic bravery: the bravery of those who risk life and limb to show the world the ugly truths of war and conflict, and the bravery of those who push themselves in long-term, intimate projects — confronting themselves while documenting their subjects. There is no hierarchy of bravery.
How about that. Life.com is giving out awards today for best photo blogs of 2011 and we nabbed one. In the write-up they mention “the blog’s loyal, smart, and vocal community is scarily well-informed and immensely helpful.” I completely agree that the comments are what makes this blog unique, so a big Thank You to all the commenters.
I’m now China’s Top Selling Stock Photographer, the only industry consultant with a core expertise for China, Director of the Young Photographer Alliance’s China Mentoring Program, an ASMP liaison to Asia, and more to come!
via The Stock Photo Guy .
by Jonathan Blaustein
America loves a good bad guy. We’re never really at our best until our backs are against the wall. Just look at Rocky Balboa. He was fat, tired and lazy until Clubber Lang came along. Or was it Ivan Drago? Regardless, Manifest Destiny aside, we see ourselves as a nation of good-guy gunslingers, out to make the world safe for democracy.
So what are we to do now? Osama Bin Laden, our Number one foil, is dead. Execution style, no less. We’ve just begun the second decade of the 21st Century, and we’re lacking a proper Bond villain to whip us into fighting shape. Don’t worry, I’ve got an idea. Aside from consuming, what’s more American than Freedom? Nothing, right? From Patrick Henry on down, we’ve always been willing to scrap over our freedom to drink, smoke, and say whatever the hell we damn well please. Honestly, I’m writing this article for an audience who sometimes treats the comment section like an after hours speakeasy on the Jersey Shore. Freedom of speech is something we can all believe in, and unfortunately we probably take it for granted.
Enter Ai Weiwei. He’s the most famous Contemporary Chinese artist in the world. (Which probably makes him slightly less famous than whatever teenaged bimbos are pimping on MTV at the moment.) Anyway, for those of you who haven’t yet heard of Ai Weiwei, he’s a multi-media artist and architect, and the son of one of China’s most prominent poets. His work drips with rebellion and epitomizes the freedom of expression at all costs. He once made a photo series in which he’s photographed giving the middle finger to the White House, the Eiffel Tower, and the Imperial Palace in Beijing. He also champions the rights of the less fortunate China, having undertaken significant risk to investigate the death of so many rural schoolchildren in the aftermath of the Sichan Earthquake of 2008. He just showed 100 million hand painted ceramic sunflower seeds at the Tate Modern in London, and of course recently unveiled a set of sculptures near the Plaza Hotel in New York.
Oh, yeah. And he was also kidnapped by the Chinese government last month. I’d say disappeared, but it was reported last week that his wife was able to visit him and confirm he’s not dead yet. Ai Weiwei was taken off a plane by government agents in April, his studio was destroyed, and he was locked away indefinitely for the vague, trumped up charge of “economic crimes.”
Which brings us back to my nomination for America’s new Enemy Number 1: The cadre of ruthless assholes who runs the Chinese Communist Party. (There’s a bit or Orwellian double-speak for you. Calling the worlds largest sovereign wealth fund Communist.) Really, I know this will sound naivé and simplistic. Barack Obama has no leverage with these guys right now, you’ll say. They own our debt, so they can do as they please. Even Google backed down from a fight, so they must be some pretty bad dudes. I’ll stipulate that. They might even hack my email after we publish this article.
But hear me out. Ai Weiwei was locked away not because he was horribly critical of the CCP. He wasn’t, really. I mean, who can get angry with someone who honors dead schoolchildren? He also helped design the Bird’s Nest stadium for the 2008 Olympics, so they couldn’t have hated him that much. Ai Weiwei wasn’t a threat because of the content of his art, it was because of his process. He spoke his mind, made what he wanted to, built an audience on his blog and Twitter. Sound familiar? Basically, he acted like a digitally literate, free human being in the 21st Century. Just like us. How many of you make the pictures you want to make, say the words you want to say, write the comments you want to write?
Ever since I first saw Zhang Yimou’s “Hero” seven years ago, I knew this day was coming. (Yes, he’s the same guy who choreographed the 2008 Olympics opening ceremonies that gave so many people the heebie-geebies.) I’d say spoiler alert, but the film was made in 2002, so you had your chance. Jet Li, the film’s lead, spends the entire movie trying to track down and assassinate the Chinese Emperor, back in the day. At the end, just as he’s about to do the deed, the Emperor talks him out of it, convincing Jet Li to instead give up his own life in service of the Empire. Our land. Kneel before Zod. It’s the Anti-Hollywood ending, and given Yimou’s favored-son-status with the government, I read the writing on the wall. The individual will always take a back seat to the Empire, the authority figure.
That’s why Ai Weiwei got locked up. He was the living embodiment of the power of ideas: ideas that are particularly dangerous to the Powers That Be right now, what with the Arab Spring and all. These are the same CCP leaders that own our debt, and just flew some Steath Fighter jets over Bob Gates’ head. So let’s have no more illusions that we’ll all just get along, or that they’ll allow us to corrupt their system with our dysfunctional democracy. Not. Going. To. Happen.
So Free Ai Weiwei. Tell your friends. Tell your kids. Speak your mind a little louder in your new photo project. And maybe next time you’re in the local Walmart, you’ll consider buying some cheap crap from the Phillipines, or Bangladesh. Or better yet, maybe you’ll spend the extra $3 to get something made in the USA. We still make tractors, right?
via some clever stuff.
Having your images stolen online is not an “if,” but a “when” will it happen type of situation that you should be prepared to take action on. If you plan to run a photography business then you should plan to hire a lawyer now and again. If you cannot hire one then you should marry one, trade photos with one or be best friends with one.
I get a weekly email from photographers who have their images stolen and used on a site that appears to generate revenue. Several months ago I ran into this primer called Photography, Copyright, and the Law written by Carolyn E. Wright the photoattorney.com and published on Ken Kaminesky’s blog (Read the entire post here). This excerpt from the post answers the question of what to do when you are infringed upon:
Q: What happens when a copyrighted photo is used without permission?
You have several options when you find that your photo has been infringed.
Option #1 – Do Nothing
You always have the option of doing nothing. If the infringer is in a foreign country where infringements are rampant and difficult to enforce or is a small website with little traffic, you may decide that it’s not worth your time and effort to fight the infringement.
Option # 2 – Request a Photo Credit
…if the website would provide a marketing outlet for you, you may only want the infringer to give you proper credit. If so, write the infringer a letter officially giving her the right to use the image. Be sure to designate the parameters of that use, such as who, what, why, when and where – see my blog entry here for more information. Include the condition that the infringer post a photo credit with a copyright notice on or adjacent to the use. You may also require the infringer to add a link to your website. You may get subsequent work from the infringer or others.
Option #3 – Prepare a DMCA Take-Down Notice
Purusant to the U.S. Digital Millennium Copyright Act (“DMCA”) enacted in 1998, the Internet Service Provider (“ISP”) that hosts a website is not liable for transmitting information that infringes a copyright only if the ISP removes the infringing materials from a user’s website after receiving proper notice of the violation. The notice must: be in writing, be signed by the copyright owner or the owner’s agent, identify the copyrighted work claimed to be infringed (or list of infringements from the same site) and identify the material that is infringing the work. Additionally, the notice must include the complaining party’s contact information, a statement that the complaint is made in “good faith,” and a statement, under penalty of perjury, that the information contained in the notification is accurate and that the complainer has the right to proceed (because he is the copyright owner or agent). Check my article at here to learn more about how to prepare a DMCA take-down notice. Even if you don’t reside in the U.S., you may use this great tool to stop an infringer whose ISP is in the U.S. from using your work.
Option #4 – Prepare a Cease and Desist/Demand Letter Yourself
When you don’t want to alienate the infringer (the infringer is a potential client and/or appears to be an innocent infringer), you may want to contact the infringer to explain that the use is not authorized and either request payment of an appropriate license fee, a photo credit with a link to your website (as discussed above), or that the infringer cease use of the image. It’s best to do this in writing – a letter by surface mail seems to have more clout than email correspondence.
Photographers sometimes send an infringer an invoice for three times their normal license fee in an attempt to resolve the infringement issue. While the 3x fee may be an industry standard and some courts have used it, is not a legal right given by any court of law or statute. Instead, U.S. law states that you are entitled to actual or statutory damages for infringement as provided by 17 U.S.C. Chapter 5, specifically section 504. The damages that you can receive from infringement – especially if you timely register your photographs – sometimes can amount to a lot more than three times your normal license fee. So you may want to think 2x before you send the 3x letter.
There are some risks in sending the letter yourself. First, the infringer may attempt to preempt an infringement lawsuit and file a request for declaratory judgment that the use is authorized. This may involve you in a legal action for which you may need legal counsel in a jurisdiction (court location) where you don’t want to litigate. Second, your demand for payment may be admissible against you if an infringement case is filed. If you demand too little, then it may limit your ultimate recovery. To avoid this possibility, include in your demand letter that “these discussions and offer to settle are an attempt to compromise this dispute.”
Option #5 – Hire a Lawyer to Send a Demand Letter
When an attorney gets involved, the matter is escalated and tensions rise. While the infringer may be more defensive, the weight of your demand letter is dramatically increased if it comes from an attorney and the infringer generally takes the matter more seriously. Some attorneys charge a flat fee to send a letter; others may charge a “contingency fee” which is based on the percentage of recovery. Or the fee may be a combination of both.
Option #6 – File a Copyright Infringement Lawsuit
Your most aggressive option is to pursue your legal remedies by filing suit. Unless you created the work outside of the United States and in a country that is a signatory to the Berne Convention for the Protection of Literary and Artistic Works, you must register your copyright with the U.S. Copyright Office, hopefully before but at least after the infringement. (If you created the photo in a country that is a signatory to the Berne Convention, you do not have to register in the U.S. to protect your copyright or to file an infringement lawsuit in the U.S. However, if you do, then you may be entitled to statutory damages and attorneys’ fees, as noted here.) If your photo was not timely registered for this infringement, you may want to register the photo for future possible infringements, as well, to be eligible for statutory damages of up to $150,000 per willful infringing use for each photograph. See 17 USC Section 504(b) and (c). Legal fees and costs also may be recovered from the infringer. See 17 USC Section 505.
In most jurisdictions you need to have received your registration certificate to file a complaint. Unless you have a breach of contract or some other state claim, you must file your infringement claim in a federal district court. To file suit, it is best to hire an attorney to help you because the legal procedures are complicated. Note that you have three years from the date of infringement to sue for copyright infringement.
When a photo is not registered with the U.S. Copyright Office prior to the infringement (or within three months of the first publication of the photo), a copyright owner may recover only “actual damages” for the infringement (pursuant to 17 U.S.C. 504 (b)), instead of statutory damages. Courts usually calculate actual damages based on your normal license fees and/or industry standard licensing fees. One source for standard license fees is a software program called Fotoquote. You also may recover the profits the infringer made from the infringement if they aren’t too speculative.
Additional Claims While many photographers place “watermarks” including their name and/or their copyright notice on their images or in the metadata of the file to prevent someone from infringing them, it’s fairly easy to crop or clone over the mark, or to remove metadata. Fortunately, the DMCA section of the Copyright Act provides a remedy in addition to the infringement claim when the infringer removes your CMI to hide the infringement.
Additionally, when you can prove that the infringement was done willfully, then you are entitled to enhanced statutory damages. “Willfulness” means that the infringer either had actual knowledge that it was infringing the owner’s copyrights or acted in reckless disregard of those rights. Evidence that the infringed works bore prominent copyright notices supports a finding of willfulness.
keep in mind that the skills needed to generate a successful ad image are only 10% photographic. The rest? Client interaction, on-set conduct, conference call etiquette, budget finagling, crew management, general problem solving, the care and feeding of buzzwords and jargon — and knowing when to go with the flow versus when to make suggestions that might nudge the project out of the everyday and towards something more transcendent …
via planet shapton.
“I did not know how to say ‘no.’ I worked 14 months without taking a day of vacation. I was 30 pounds overweight and drinking so much. I was not nice to the people around me, and I was even worse to myself.”