Photographer Rights Activist Tests LA County Sheriff’s On Their Understanding Of The Law

Discarted a blog written by “photographers & concerned citizens living in Los Angeles. / With the goal to shoot photographs freely in public spaces wherever, whenever, of whoever. / And a desire to get the word out, educate and engage,” has video posted of an encounter with two LA County Sheriff deputies inside the Hollywood and Western Metro Station. MSNBC is reporting (here) that Shawn, the man who took the video says his constitutional rights were violated and he’s posted phone numbers and emails on the Discarted site to rally complaints against the deputies (here).

I love the idea that a group of photographer rights activists will go out and make sure the police understand the law. These Sheriff Deputies not only fail they try to intimidate the photographer by threatening to make his life miserable if they were to place him on a FBI watch list. They also try to review the images he’s taken but can’t because he’s shooting film.

The Sheriff initially tells the photographer what he is doing is against MTA rules (here).

Photography Guidelines

* Only permissible in public areas, proof of fare required in marked fare required areas (station platforms of all rail stations and the Metro Orange Line)
* No commercial photography without prior authorization and consent from Metro
* Hand held equipment only, no tripods are permitted
* No photography inside moving trains for privacy and safety reasons
* No flash photography, especially into oncoming transit vehicles (rail or bus)
* Photography must not interfere with passenger safety or movement at any time

thx for the tip, wmanthony.com

Foto Week DC Starts Tomorrow

Foto Week DC starts tomorrow and it looks like there’s plenty to do for people in attendance (here).

fotoweekdc

This screening (here) of a movie on Yousuf Karsh caught my eye because I’m a huge fan.

Film Screening – Yousuf Karsh and Portrait Photography
DATE: 11/10/2009 – 11/10/2009
WHEN: 12:30 PM – 1:30 PM
WHERE: Embassy of Canada

501 Pennsylvania Avenue, NW
Washington, DC 20001

To be “Karshed” was a synonym for having attained the summit of worldy achievement. During his 60 year career, the 15,312 sittings he had, resulted in arguably a portrait gallery of the most famous figures of the 20th century. This film is the celebration of his centennial year of birth.

Produced by Ian McLaren / Production Grand Nord
Written by Harold Crooks and Joseph Hillel
Directed by Joseph Hillel

2009 / 51:30 min.
COST: Free

The bigger the company, the bigger the blunder

This is why your company needs an experienced marketer on staff. Real marketing directors have an understanding of intellectual property laws. Photographs, fonts, illustrations, and other design elements found online are not free for you to use, especially for commercial purposes.

via Brand’s Anatomy.

A New Model For Old Media And An Old Model For New Media

Maggwire.com, a company I’ve written about before, has a plan to charge users for a subscription to a channel that sounds really good to me. There should be a way for magazines to sell content in pieces, so people can assemble their own based on their interests. Also, it’s a good way to recapture the readers they will lose when they finally raise the subscription and newsstand prices. The New York Observer has a brief story (here) on the three former Wall Street investment analysts—Ryan Klenovich, 24, Jian Chai, 26, and Steve DeWald, 24—who started Maggwire.com and who want to “do for magazines what iTunes did for music.”

Here’s the pitch: Offer users a year’s subscription to a “channel” where they can get premium magazine content from a series of relevant magazines, for, say, $1.99 a month, with an additional 99 cents per magazine that they want to add to the package. The publishers would keep 75 percent of the profit, and Maggwire would get the rest.

McSweeney’s, which began in 1998 as a literary journal, edited by Dave Eggers, that published only works rejected by other magazines, has grown to be one of the country’s best-read and widely-circulated literary journals. They’ve just announced that No. 33 (available for preorder here) is to be in the form of a daily broadsheet. Yeah, a newspaper that will be 112 pages all in color along with a 112 page magazine, a 116 page books section, a pocket sized weekend guide and 3 pull out posters. The NYTimes reports:

The pages will measure 22 by 15 inches. (Pages of The New York Times, by comparison, are 22 by 11 1/2 inches.) Called San Francisco Panorama, the editors say it is, in large part, homage to an institution that they feel, contrary to conventional wisdom, still has a lot of life in it. Their experience in publishing literary fiction is something of a model.

“People have been saying the short story is dying for a lot longer than they’ve been saying newspapers are dying,” Jordan Bass, managing editor of the quarterly, said in an interview on Tuesday. “But you can still put out a great short-story magazine that people want to grab. The same is true for newspapers.”

As the crusty old corporate magazines continue to die there are people out there forging a new path.

PanoramaPRFINAL110309-1

A Secret Copyright Treaty

I’m not sure how much of this is true but Cory Doctorow at Boing Boing is reporting that a secret copyright treaty has been leaked (here) and there’s some very interesting language in the draft text (again, who knows if it is true):

“A requirement to establish third-party liability for copyright infringement.”

“in order for ISPs to qualify for a safe harbour, they would be required establish policies to deter unauthorized storage and transmission of IP infringing content”

Which Cory is interpreting to mean ISP’s have to police copyright and have to cut off internet access to accused copyright infringers or face liability.

Nobody knows what the future looks like from here but certainly some type of deterrent that makes people think twice about [illegally] downloading music, software, movies and even grabbing photos would be good for us. Cory is saying it would be impossible to run a service like Flickr, YouTube or Blogger but would you really care if those services didn’t exist? There’s plenty online I can live without and certainly if it means a robust media industry I’m all for it but I’m a little biased.

Interview: Damon Winter

So many of the photos look so similar and every time you press the shutter you’re thinking that this photo ever so slightly improves on the last image. And the next improves the last. And you never really know when they’ll stop improving. At some point you get the photo of the day – the photo you’re happy with.

via Too Much Chocolate.

Andrew Zuckerman – Bird

Andrew Zuckerman seems to have figured out how he wants to use new media to spread the word about these books and films he’s pumping out. He creates a simple custom site: http://www.birdbook.org/; then a vimo channel for the 9 excerpt and behind the scenes videos: http://vimeo.com/channels/bird#5701425; then the publisher (chronicle) has a site with an embeddable preview of the book (here), plus they have facebook and twitter channels. He’s certainly at the forefront of testing all these cool new ways to get the word out. Certainly worth keeping your eye on, plus the pictures are fantastic.

Discovered it on a blog of course, Swissmiss.

Bird — Book of Photography

Last Days of Gourmet

Kevin DeMaria, former Art Director at Gourmet Magazine took photographs of his final days at the magazine (here).

lastdaysofgourmet

I almost wrote a piece not too long ago about food magazines because I’d unsubscribed to Gourmet but then discovered that having access to millions of recipes online is really a pain in the ass and what you need is an editor and some beautiful photographs to get your mouth watering so I resubscribed. Too bad Si killed it off. I hope they bring it back someday.

via, Will Steacy Blog

We get so fixa­ted on our own shtick

A very res­pec­ted jour­na­list once told me, “I’m always telling stu­dents, if you want to be a jour­na­list, for God’s sake don’t be a Jour­na­lism Major. Study something else, like The Clas­sics or Archi­tec­ture. That means when you start loo­king for work, you’ll be brin­ging something to the table besi­des ‘Shop Talk’.”

via  Gapingvoid.

A Note From A Young Photographer On The Way Up

I received this note from a photographer whose work I enjoy and who you might say is a few years past emerging:

Work has still been pretty good this year. it’s strange because it’s slowing down, but the jobs I’ve been getting this year and the last 2 are bigger paying ones so that means the luxury of more days off to work on strategizing my business. I’m getting ready to go to press with an elaborate promo I had designed that will probably be mailed out at the beginning of the year. I went back and forth about the fear of whether or not promos were a waste and just end up in the recycling bin, but I decided to go ahead and do it. Your interview with Selina confirmed my intuitions about promotion and the business so thanks for that.

I went out to New York twice this year to meet with reps and get a feel for their interest in my work. I haven’t had a rep for the last few years and it gets to be too much to handle at times, but all in all it’s worked out fine. I’m finding now, especially since I’m also doing more fashion and would like to pursue fashion advertising, that it would help to have a rep that has a good foothold in the fashion world and the ad work as well. I have my heart set on going with a bigger established agency so I’m holding out until I get with one of my top 3 choices. What the hell, live the dream, right?

I wanted to let you know since you asked that I have directly gotten work as a result of PDN 30. The biggest job was an ad campaign for a [redacted] company at the beginning of this year. The ad agency found me because of PDN. So yes it was great publicity. My book was called in for ad jobs from art buyers I never met.

It was very interesting to hit the pavement in New York in May of this year, for the first time since 2007 (i know, i know). I was there for 2 weeks showing my book to reps, art buyers, and a few magazines. I couldn’t believe how difficult it had become to get someone on the phone or get an email reply. I’ve been showing my book in NY 1 – 2 times a year since 2000, and on the last trip, I still had a rep calling to make those appointments, but this time around, even the people that I usually would meet with in the past were seldom returning my emails. It was depressing and is what everyone talks about, no one has time to do their job and answer phones and meet with people.

In August I decided to try a different strategy, referrals. I had producers, art directors and photo editors contact people that I wanted to meet and make an introduction. It helped dramatically, People need some sort of filter and I don’t blame them. I get emails from assistants all the time and chances are I’m not going to hire them unless someone I know and trust can vouch for that person being a good assistant.

I remember my first trip to NY in the fall of 2000. I was halfway through school, wide eyed and optimistic, sitting in Starbucks on my phone, cold calling and people were answering their phones saying “come on over.” I scored 35 meetings that week including my first editorial gig.

Because the market is changing and there seems to be more photographers out there, things may be more difficult now than they were years ago, but (I’m sure this has been said on your blog) this will just force people to be more creative to figure out how to rise above the rest. There’s no formula for this one, it’s going to be a different path for each photographer.

How To Photograph The Great Pacific Garbage Patch

I remember several years ago sitting in a meeting talking about “the great pacific garbage patch,” trying to come up with a way to photograph what we felt was an important story. A floating patch of plastic garbage somewhere between twice the size of Texas and the size of the U.S. was out there but couldn’t be seen because it floated just below the surface (WSJ story here) in a loose jumble. That story never happened because we couldn’t figure out how to do it. I was happily surprised to discover this week that Chris Jordan, a photographer who explores the phenomenon of American consumerism, found a way to tell the story.

These photographs of albatross chicks were made just a few weeks ago on Midway Atoll, a tiny stretch of sand and coral near the middle of the North Pacific. The nesting babies are fed bellies-full of plastic by their parents, who soar out over the vast polluted ocean collecting what looks to them like food to bring back to their young. On this diet of human trash, every year tens of thousands of albatross chicks die on Midway from starvation, toxicity, and choking.

chrisjordan

See more (here).

Selina Maitreya Interview

Selina Maitreya called me up the other day to tell me about a new mp3 series she developed for photographers called “The View From Here.” I’ve heard good things from photographers who’ve worked with Selina so I checked it out. It all sounded very well done and informative but I thought it might be better for all of you if I just asked her a few questions, so you can gauge for yourself if you like where she’s coming from. You can learn more about the series (here) and Selina gave me this code: FOSAPE that will get you the whole thing for $99 instead of the advertised $199. I get nothing from the transaction just in case you were curious if I did that kind of thing. Just so you know, I don’t.

Here’s what Selina and I talked about:

APE: Where should we start?

I thought that Art Buyer interview you posted recently was interesting because it told me that essentially nothing has changed over the years. The way buyers assign has been tweaked, but the process is basically he same. As far back as I can remember when an Art Director would have a job they’d call in a photographer they knew to sit down and shoot the breeze, maybe they’d get on the phone if they didn’t have the time, but they’d sit down and discuss the whole project. And 9 times out of 10 they were hiring someone they knew first before they would decide to outsource to somebody that was new. I remember 30 years ago being in lots of meetings as an agent and the project was discussed before you got hired and you’d spend an hour or two, maybe have lunch and then you’d most likely get the assignment. Sometimes they might shop it around.

APE: Yeah so I’ve heard this common complaint about the personality test and even brought it up in that Art Buyer post: what does the photographers ability to communicate with the Art Director have to do with taking pictures?

Tons, this is still a creative process. On one hand, photographers want people to hire them and make it personal, on the other hand they say that they don’t want their personality considered. The business has shifted in terms of the way relationships are developed and the time and place where the relationship comes into the sell is now different. But what is the same is that relationships are still important and personalities are important. Think about it, who want’s to hire somebody that they don’t have an understanding with. It’s not just about the visual. The visual is the front end sell now and it used to be the personality and the relationship was the front end sell but those are now what seal’s the deal. Photographers will point to budgets being the front end piece but budgets get discussed after books are called in. It’s the visual that gets the initial attention.

APE: It seems to me this is the difference between photography as a business and a hobby. As a business all the normal rules of doing business apply. Customer service, marketing, competition, it’s not just about the pictures there’s so much more that goes into making a sale and making it successful.

Absolutely, and now without the visuals, which is the front end sell, you will never get to the business end of it. Conversely, if you have the vision and you haven’t spent time working out the business end of the deal then you’ve only got part of the equation. Again, everything is the same as it’s been for the last 30 years. The sequence may be different and things are named differently but it’s all the same stuff: vision, professionalism, savvy marketing skills, personality and service.

APE: I hear from a lot of young photographers that what’s holding them back is that Art Directors and Producers are not branching out and seeking new talent. They’re relying on relationships and things that are familiar to them. Do you believe that?

Relationships are always important, I think that it makes sense if you’re a buyer and you have somebody that’s done a really good job for you then you can trust them. Trust is huge in this business, so much of the business side equates to it. Lots of money is at stake and so are jobs for Art Buyer and Art Directors. But, because each project is so branded and each one has a different message there’s also more chance that a different type of visual will be needed. Because the front end buyers are the Art Buyers not the Art Directors, you have someone that’s hiring for lots of different accounts. Each of those accounts has a different style attached to it based on the message that’s going on in the ad and campaign, so there’s less chance they’re going to hire the same photographer over and over. So, there are many photographers who will tell you quite the opposite, that they’d love to be hired back and the client retention is lower than it ever was. Clients were more loyal in the past.

APE: Tell me about the new mp3 series and how that came about?

It came about because I was really concerned about the state of photography. I was lecturing around the country and I was getting emails and photographers were panicking.

APE: More than usual?

Yes, more so than ever. I have an email list that goes out 8000 photographers who’ve signed up for my articles and last spring I wrote an article entitled “Survive? Think, Thrive!” This was an article that laid out how photographers could build a business today that would thrive in the future. The response was overwhelming, so I responded by giving out my time to try and help people. I gave out 30 hours in April and May. I’m booked solid so I had to make extra time for this. Working with photographers for free inspired me to make something for people who couldn’t afford my $300/hour consultant fee.

I talked to photographers who said they wanted something they could listen to. I wanted to create a learning tool that was informative and inspirational plus I wanted it to be organized so people could easily go to the topics that spoke to their immediate needs. Two of my industry friends helped me source the equipment and within days I discovered my sound engineer who just happened to show up with an LA based client. So, I recorded every day for July and August and got over 100 hours of audio that then became the finished 12 chapter 9 hour program.

You can’t teach everything about developing a vision or marketing, so I wanted to take what I felt were key concepts–knowing photographers as well as I do and being in the business as long as I have–and address where photographers make mistakes. I wanted it to be created for any photographer at any level. There’s a whole chapter on agents because that’s one of the questions I get the most from photographers.

APE: Really, I used to get that as well, but answered it recently so not so much anymore.

I started as an agent and I’ve trained over 200 agents.

APE: Trained?

Yes, people used to come to me because I had a comprehensive training program for agents. I had a 12 week 48 hour rep training program. I’ve also worked with experienced agents over the years. Many have come to me and ask that I not tell anyone about our work because they seem to feel that they should know everything but I say, “listen, working with a consultant is a good thing for your clients, because it shows how much you care,” but some people are not comfortable with that.

APE: I wanted to ask you since you’ve been in this business so long if you feel like there are more photographers and specifically more aspiring photographers than ever? Especially now that there’s so much information available for people. Maybe the barrier to entry is much lower for aspiring photographers now.

In terms of photographers coming out of schools it goes up and down, there are however programs now geared toward prosumers. There are more people trying to become photographers from the prosumer market but as far as how many of those people will make it, I don’t know. Interestingly, I would say if you go on LinkedIn or Twitter or any other social media the majority of photographers who are conversing are prosumers.

APE: Yes, but haven’t there always been a huge group of people who wish some day to make their living as a photographer and it’s just that we can see them all now thanks to the internet?

Yes, and how many of those people are doing something about it verses how many are just talking? Words without action. Photography is a field that’s competitive in numbers only. When you look at the percentage of photographers who truly take the advice that you really need to develop a vision and then will actually do the work it takes and then once they develop that vision put into the mix all the marketing tools needed (traditional and new media), go on sales calls and give it the time needed to come to fruition, that’s maybe 10% of all the photographers selling out there. Those are the people working. So, there may be a lot of prosumers coming into the market but a small percentage will actually be successful.

APE: When you say photography is competitive in numbers only. What does that mean?

It means that there are tons of people hanging out the shingle with the title photographer attached. However when you look, the number of photographers who understand the vision selling equation and have taken the time and effort to build a deep body of work based around a specific style and then have created the sales trails needed to competitively market their work and have given their effort enough time for the market to respond, the competition is slim. So, while there are many, many photographers a very small percentage are actually prepared to compete.

APE: I feel like the changes that have happened recently have made it so there’s less of a business advantage and you need to have the great vision and talent to make it happen.

None of it matters if you don’t have the vision. The reality is that just getting started in this business is just so daunting for people. If you’re a photo editor or art buyer the first tier of photographers you will hire from is always the people you’ve worked with in the past, that you’re familiar with, that you trust. Then on the second tier is the people who’ve been consistently through several sales channels marketing to you for the last 2 years. Maybe you’ve thrown them something, but they’ve been there and been in to see you, sent in their book and done the mailers. The 3rd tier is thousands of people who’ve hit you with a couple mailers or sent the book in once or stopped by the office once. That’s no man’s land and that’s where everyone starts at first. How you handle the first 2 years is going to determine if you stay in no man’s land or move up to the other level.

APE: So, you think on average it takes a couple years to start getting some traction?

Yes, and with all the people in no man’s land it’s that much harder to get seen and stand out, but the photographers who have that vision and have taken it into their direct mail, email, website, who go on sales visits, who are blogging and twittering and linking their photographs from posts and developing sales trails and doing this continuously, those are the photographers who are going to get the traction. That’s where you build that identity in the first year.

There are many more people out there who are talking photography but not any more people who are doing photography. It really does take that special person and you need the mix. My most successful photographers during the downturn have been people who have sales, traditional marketing, social networking and they work their asses off and they never stop no matter how successful they’ve become.

APE: I wanted to ask you about social networking. A common complaint among photographers is that not only do they have to take pictures, have a book, show the book, do mailers is, “now I have to facebook, linkedin and twitter?” How many hoops do we have to jump through to get a job?

My response is to stop looking at it as hoops. Stop looking at it being one big pain in the ass. Embrace it, stop complaining. So, much of this is the attitude a photographer approaches the business with. Here’s a quote from Victor Frankel, who lived through the holocaust, that I love: “The last of the human freedoms is your choice of attitude in any given situation.” So, first of all get rid of the attitude. It’s the integration of these tools. What we’re asked to do today is have an integrated marketing program that encompasses all the marketing tools.

There’s direct mail and email, sales calls, your website, blog and social networks. So, you look at each of those and say, ok I need to integrate all of this. Look at it this way, you go on a sales visit and you can talk to them and see where they are on social networks and you can follow them on twitter and connect on LinkedIn. Then you see who they’re LinkedIn with and if you want an introduction to another art buyer you ask them for that and you start using it. Use the LinkedIn page to leave your latest shot and an address that goes to your blog that goes to your website. You create sales trails for the people that you’ve seen in person and hopefully they will go there. You send out a tweet about it so you’re creating this other level of opportunity for the people that you’ve seen in person and the people who haven’t met yet to start to see your work.

Is it effort? Yes, it is but if you integrate your meetings with your social online efforts and you do it thoughtfully you’re creating this online trail for people to follow and there’s a purpose to it. You don’t have to do all of them but you have to pick from each of the categories and start to integrate them together so that there’s an intelligent plan.

APE: Right, so what is that plan?

Photographers need to have an understanding how each tool works individually and then together. Visual emails and direct mail create initial visibility. Sales meetings to researched key contacts provide the opportunity for your personality to be known. A blog can show work and tell more about you as a creative person. A website is a wonderful outreach marketing too. Social networking provides another layer of visual and personality refresh. Once you choose which tools you will use, create a schedule and stick to it.

I get really concerned when photographers hear a specific buyer talk about their marketing preferences and then assume that the buyer’s opinion represents everyone’s opinion. If that buyer doesn’t like email, suddenly they assume that no one looks at email. The truth is different buyers come through different channels. It’s the mix between selling and marketing. There are more ways than ever to market but there’s only one way to sell and that’s to go get your tush in a chair in front of somebody. Because, there are so many more people out there, the early stage is where photographers get discouraged. When Nike came out with just do it they didn’t just do tv, or print, or tshirts on road races, or web or radio they did it all. Photographers need to look at their time and budget and work with an assistant or marketing expert and decide what channels to use then commit to 2-4 years of doing it. I’m very clear with photographers that it takes a long time before you’re going to feel like your efforts are consistently generating enough funding so you feel like it’s worth it.

I moderated a panel of art buyers in New England that had a range of people from a designer at a small local studio up to an Art Buyer at a huge agency and what was interesting was when we asked what works for you, every single one of them had different ways they wanted to be reached and every one of them agreed that just because they start with websites doesn’t mean they don’t pay attention to direct mail or email. Every one of them said the same thing which was you gotta hit me in several different ways and you have to do it continuously because my memory is really short. From the small agency to the large one the only difference was that when it came to print portfolios only the small agency said they buy off the web. Everyone else wanted print portfolios. 6 different companies all saying the same thing, hit me in different ways. It’s not enough to get an email, it’s not enough to do direct mail. You need to sell, market and participate in social networking.

APE: It just seems like, and you can tell me compared to 30 years ago, that you need to put more effort and more time into marketing than ever?

It’s is true but isn’t life like that. Don’t we have a President who’s saying roll up your sleeves america and get back to work.

APE: It’s just too bad then, is that what it is?

Life is busy and life is fabulous, but if you take the attitude that life is a fucking pain in the ass, well hello welcome to the world you’ve created. Yes, we have to work harder than ever before but you know what? When I became an agent I had 6 months of photography school under my belt and I loved photography but didn’t have the money to continue, so I was selling my Firebird to pay for the rest and my friend wrapped it around a tree the night before it was to be delivered to the buyer. So, I became a waitress instead. Then some photographer came into the restaurant and wanted someone to take his book around, so I did it in purple tights and a black dance skirt, walking into advertising agencies not knowing a thing. It’s all about how we approach and embrace life and that’s a big piece of my message too. There are a few photographers in 30 years that I was unable to help and it was grounded in the fact that they believed it wasn’t going to work because life stinks. How can you help someone like that? You can’t, that negativity is toxic.

APE: What does the future look like?

People ask me all the time if photography is dying. I feel like the role of photographer is shifting and it always has been shifting. The photographer who is invested in developing the visual craft; is willing to show up and do the work; is committed to going through life with a positive attitude; is able to see the shifts, is willing to embrace them and move with them; is the photographer that’s going to continue to thrive.

The Business Of Photography – Books

John Harrington sent me his latest book “Best Business Practices For Photographers” and at over 500 pages It’s a real door stopper. It has the look and feel of a college text book: loaded with examples, little notes sections along the way, 32 chapters and a cover image/design that screams textbook. For anyone looking for a place to understand the business of photography this seems like the place to start. At one point I considered getting an MBA and while doing research discovered the personal MBA website and this manifesto:

MBA programs don’t have a monopoly on business knowledge: you can teach yourself everything you need to know to succeed in life and at work. The Personal MBA features the very best business books available, based on thousands of hours of research. If you’re serious about learning advanced business principles, the Personal MBA can help you master business without the baggage of b-school.

I’ve since read about 15 business books (some of the list but many based on Amazon reviews) including 4 that I think should be the cornerstone of any personal business learning: Good To Great, Built To Last, What They Don’t Teach You At Harvard Business School, How To Win Friends & Influence People. All of these I checked out at the local library.

Right now I’m really into a book called Ready, Fire, Aim by Michael Masterson that I would highly recommend for photographers and any other entrepreneurs. When you look at the principles that underpin a successful business you see the world in a very different light.

The great thing about reading a business book while you own a business, instead of while you’re in school, is that when you discover something important you can put it to work immediately. These books also prove to be awesome motivators.