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You Can’t Picture This

Luis — Tue, 01 Jul 2008 02:38:22 +0000

I came across this short documentary on rights of photographers (and yes, videographers) in the UK, and it just caught my full attention. First there was the police officer grabbing the camera and claiming he hadn’t done so. Later on, he tells the man behind the camera to shut up. There are also scenes cut in that have a government official stating that there is no law prohibiting photography in public spaces – this in stark contrast to the officers saying otherwise.

I could go on and on about the video, but all my words won’t do it justice – you should just watch the damn thing. You might also want to vote for it on PhotographyVoter or other sites.

You Can’t Picture This by OpenCircuit (a.k.a. Rajesh Thind)

I guess that’s what happens when you don’t hide the fact that you’re using your camera. Shocking? Sad? How would you describe it?

I just hate the fact that the photographers are seen with suspicion.

Philippine Photographer Sues Major Daily

Luis — Thu, 12 Jun 2008 13:36:55 +0000

Over a year ago, this layout appeared in one of the sections of the Manila Bulletin. Nobody was given any credit (or payment) for the two larger photographs on the page.

A few months later, the uncredited photographer, Anton Sheker, is featured as the same paper’s Picture Perfect Artist of the Week. He mentions this little problem to the team working on his feature – naively hoping they would get the paper to take notice, get in touch with him, and resolve the problem. Nothing happens.

A few more months pass, and he gets tired of waiting for the middlemen – in this case, the Picture Perfect team. Instead, he goes to his own blog and makes it known that his photos have been stolen. In the post, he shares the original images and the stories behind them. He “hope[s] this post can make a difference,” but instead, he gets a few updates from the paper (click here and scroll down to the updates) that lead nowhere.

More time passes, and he finally sues the paper for copyright infringement, but not before they “threatened to slap [him] with a criminal case if [he] continued [his] claim.”

All I can say is that it’s about time. I hope the courts make it clear that just because it’s posted online, it doesn’t mean it’s free to take.

trivia: According to PRWeb.com, this will be “the first time that camera EXIF data will be used as evidence in the Philippines.”

Update on Caltex Shooting Stars

Luis — Thu, 22 May 2008 10:31:41 +0000

I recently ranted about the Caltex Shooting Stars contest, but since Caltex has amended the contest rules and no longer claims ownership over submitted photographs, I’m backing down too. I’m still not endorsing the contest, but I have to concede that they don’t really look that poised to exploit naive photographers anymore.

Check out the original post to see the changes in the rules.

Project Recap: Site Statistics

Luis — Fri, 16 May 2008 04:10:19 +0000

I know I may be a couple of days late with this announcement, but I still think you should know that the second chunk of Tibor Radványi’s (a.k.a. PhotoNovice) Project on Blog Statistics is now done and there were 9 submissions (including mine) to the project.

I’m not going to list them all here – you can check out the original post instead. All I’ll say here is that the most popular posts from the 9 bloggers cover a wide range of topics that include organizing and tagging photos, DIY lighting, macro and 3D photography, playing with basic photo software, working with more advanced tools, the birth of a blog, and even a post that highlights several other photography sites.

Before I end this post though, I invite you to participate in the next (and last) installment of Tibor’s Blog Statistics project. This time, the project focuses on where your visitors come from. The deadline for submissions is May 30, but you can see the rest of the details over at photonovice.net instead.

Project: Site Statistics

Caltex (or Chevron) Wants Your Photos

Luis — Mon, 12 May 2008 05:20:58 +0000

UPDATE 2008.05.20: It looks like Caltex has backed up a bit on what rights they have over the submitted entries. I’ve added a few notes below to highlight the changes in the contest rules.

I’m still not particularly impressed with the prizes or excited about joining, but I have to at least concede that Caltex or Chevron isn’t out to take your photographs (and your rights over them) away from you.

“Take a great picture with a Caltex logo in it and win a great prize in this year’s Shooting Stars competition.” That’s what they said on the contest’s homepage. The great prize, based on the red text, is an Apple iPod Touch or a Nintendo Wii. It isn’t that great, but hey, I might as well give it a shot, right?

Wrong!

Before you take rush away from your computer and read a little further down. The main prize, it seems, is fame. As they put it: “Aside from being famous, the winners get a chance to win an Apple iPod Touch or a Nintendo Wii!” If you win, you’re not even assured of the prize that they’ve highlighted in bold red text.

Do a little more reading, and you’ll come across the contest Terms & Conditions and the FAQs.

From the T&C:

When a participant submits a photograph in response to this Contest (each a “Work”), he or she shall be deemed to have unconditionally consented to the terms and conditions set out herein.

As a condition of participation, the participant has to assign to Chevron all copyright in all Works submitted, and to waive all moral rights and similar rights in and to all such Works, by signing the attached Entry Form, failing which his Works will not be considered for participation.

Ok, so Caltex won’t claim to own your photo when you submit it. Instead, they’ll claim rights to use the winning entries. The first item in the T&C doesn’t change, but the second and third items set a significantly different tone.

When a participant submits a photograph in response to this Contest (each a “Work”), he or she shall be deemed to have unconditionally consented to the terms and conditions set out herein.

The participant will be required to grant to Chevron an exclusive perpetual, irrevocable, royalty-free right and licence to use the Work that is selected as one of the winning entries in this Contest (the “Winning Entry”).

For the avoidance of doubt , Chevron shall have the exclusive right to:

reproduce the Winning Entry in any manner or form and circulate such Winning Entry to any person in connection with the Contest, without compensation ; and

use, copy, publish, print, transmit, and distribute the Winning Entry in any manner, whether for commercial or non-commercial purposes, as may be determined by Chevron without the prior consent of the photographers or owners of the Works and without any compensation whatsoever.

From the FAQs:

11. Do I retain full rights to my photograph?
No. Once submitted to us, we will have all rights to your photograph.

A look at the FAQs makes it clear that photographers who contribute retain full rights over their submissions – this is definitely a great improvement over the original rules. I’m still concerned about what “other advertising publicity materials” they intend to produce, but I won’t pick on that now.

11. Do I retain full rights to my photograph?
Yes, you do. However, if your photograph is selected as one of the 12 winning entries, we would request that you grant us the right to use the selected photograph for our Caltex calendar for 2008, Chevron’s e-greeting cards as well as any other advertising publicity materials in connection with Chevron’s business. Please see the Entry Form and the Terms and Conditions for further details.

Wow! You sign away your rights to your photos for the chance to be famous, and the chance to win an iPod Touch or a Wii. Still interested?

I didn’t think so.

It doesn’t end there though. If you look around the site, you won’t find a theme for the photos (except for the line that says “Care should be taken to create photographs that are positive and uplifting, and in line with The Chevron Way“). Instead, you’ll find some photo tips which includes this list of photo ideas:

Caltex with Techron tanker on motorway shot from overpass

Caltex staff on public transport coming to work

Remote Caltex station in isolated countryside

Caltex station set against a scenic background

Pylon at night in mist from far away

Lubes container in wastebasket/back of boot/garden shelf/bicycle basket

Car decal on fancy car/motorbike

Signboard reflected in puddle

Caltex sticker on fridge door

Caltex sticker on little kids bmx/go cart/skateboard

Pedestrians with Star Mart shopping bags

Caltex employee (off duty but in uniform) holding a door open for someone

Kids reading SupaStrikas

Kids drinking from Caltex/Coffee Plus/Star Mart branded paper cups

Ferry passing Caltex oil platform

Caltex logos (or sub brands) on unique vehicles like Jeepneys, tuk tuks

Interesting people wearing Caltex merchandise

Photos from Caltex community activities

Scenes from Caltex sponsored events and employee events (e.g. family day)

Toys made out of old Caltex product packaging (e.g. Havoline cans)

I don’t know about you, but it seems like they’ve already got a clear idea of what shots they want. Instead of hiring a professional photographer though, they’ve decided to exploit anybody naive enough to sign away their rights to their own photographs.

Do Caltex and Chevron really think a contest like this is in line with The Chevron Way? I certainly hope not.

With the amended T&C, Caltex and Chevron don’t really look that poised to exploit naive photographers anymore. Like I mentioned, I’m still not particularly excited about winning a chance to win (yes, winning a chance to win) an iPod or a Wii, but I won’t exactly be trying to discourage other photographers from joining the contest.

update 2008.05.13: Based on something JiimyD wrote over at slightly out of focus, specifically this excerpt:

the funniest part is that one of the “suggested photos” is of a Uniformed CalTex employee standing in front of a Station holding the door open (off duty of course). They won’t even pick-up the tab for the employee’s time! They probably would heap any responsibility and liability on the photographer if anything happened to the employee too.

I remembered another item on the contest FAQs:

15. If I am intending to photograph people, especially strangers, do I need to ask for their prior permission especially since the photographs may be used for publication?
Yes. All permissions and image rights have to be negotiated directly by the photographer. It is advisable to obtain their prior approval and explain to them what you are doing and what the photographs are for as not run into any risks. Attached are samples of the type of releases. Chevron will not be responsible for any disputes.

Well Jimmy, it looks like they really are heaping responsibility and liability on the photographer.

New York Hates Wedding Photographers

Luis — Thu, 08 May 2008 05:43:12 +0000

Wedding by kris.hoet: CC-BY-ND

Adorama reports that “New York City’s City Council is holding a hearing this morning on a proposed law that would require wedding photographers to be licensed and submit a $5,000 bond.” I don’t live in New York so this doesn’t affect me directly, but the proposal still scares me. If this bill passes, it could be the precedent for other cities, and even other countries to follow.

You can read the entire proposal here, but I’ve highlighted a few key points below.

§20-250.d. “Wedding photographer” shall mean any person, corporation, partnership, limited liability company, or any other entity engaged in business with the purpose of regularly selling, or offering for sale, the service of recording still images or video of marriage ceremonies and related events.

§20-251 License required. It shall be unlawful for any person to engage in the business of owning or operating a bridal shop or wedding photography without first having obtained a license in accordance with the provisions of this subchapter, and without first being in compliance with all other applicable law, rules and regulations.

§20-251.c. The annual fee for a license or renewal thereof shall be one hundred twenty-five dollars.

This part seems ok. The part I wonder about is how they define “regularly selling, or offering for sale” one’s services. If, for example, I primarily cover corporate events, but accept requests from friends and acquaintances to cover their weddings, do I fall under the description of a wedding photographer?

I’m not particularly concerned about this definition though. I’m no legal expert, but it seems to be fairly specific – if you cater primarily to those getting married, you’re a wedding photographer. Do correct me if I’m wrong though.

This next part, on the other hand, scares me.

§20-256 Bond Requirement. Each bridal shop and wedding photographer shall furnish a $5,000 bond to the department conditioned upon:

a. compliance with all laws, rules and regulations covering the conduct of bridal shops and wedding photographers;
b. payment to the City of New York of any fine, penalty or other obligation imposed by the department for non-compliance with any law(s), rule(s) or regulation(s) within 30 days of its imposition; and
c. payment of any final judgment against the bridal shop and wedding photographer. The bond shall be either a cash bond or a bond executed by a duly authorized surety company in a form acceptable to the commissioner.

Seriously? What’s up with the Big Apple? First require photographers to “obtain a city permit and $1 million in liability insurance,” and when that gets shot down (sorry, no link for now), they target wedding photographers.

I wonder how much it’ll cost to hire a wedding photographer in New York if this law passes.

On top of that, I wonder how this affects wedding photographers elsewhere.

Here’s another thought, what happens if you’re a hobbyist that wants to start a wedding photography business? Are you expected to raise $5,000 and then some even before your business gets off the ground?

Basically, the question that keeps coming to mind is this: why does New York give photographers such a hard time?

Ok, that’s enough ranting for now. I need to calm down.

May Site Updates

Luis — Mon, 05 May 2008 12:33:45 +0000

We’ve been tinkering with a number of things on the site over the past few days. Some things make it easier for you stay connected to this little site. Others give you, our readers, a face. Some others… well… do other things.

This post discusses some of those changes.

We want to see your faces!

We like knowing who we’re talking with, and even though our interactions on the site are (currently) limited to the comments we leave, we know we’re not talking to another computer. Behind the names, email addresses, and URLs are people – real people with real faces. That’s why we’ve installed gravatars that help us (and other readers) see you. Get your own gravatar so we won’t think you look like a gray lightning bolt.

By the way, if you’ve already got an OpenAvatar or MyBlogLog, you’re all set – we’ll show your avatar from there. I just went through the options again, and it looks like OpenAvatar or MyBlogLog will only work on my comments. Sorry – I got a bit confused there. Oh well, I guess that means you should get your own gravatar so we can see you.

We’ve opened up!

We’ve installed OpenID, so if you’ve got one, that should be all you need to leave a comment here. We’re not totally clear on how things will work if you want to subscribe to comments though, so do tell us if you run into any problems.

We’re having problems with the plugin and the formatting of the site, so we’ve shut the plugin off for now. Besides, there’s no need to login here anyway, so there’s no real need for this.

We’re mobile!

Do these icons look familiar? You’ve probably seen them above and off to the right. You probably know that the icon on the left leads to our our RSS feed. The other icons should tell you what they’re for, but just to make things clear, the icon with the phone lets you get our feed on your mobile, while the icon with the envelope lets you stay up-to-date via email.

We’ll get back to you!

We just installed the Comment Email Responder Plugin, so when we reply to your comment, you’ll know about it. You still have the option to subscribe to the discussion for a given post, but we know that sometimes, you don’t really want to get an email everytime somebody else posts a comment.

That pretty much covers most of the changes around here.

Do you like them? Do you hate them? Tell us about it!

No Related Post

Events Organizer Steals Photograph

Luis — Wed, 23 Apr 2008 09:30:32 +0000

Take a look at the two images below – the image on the left is clearly the source for the layout on the right, right? Ignore the globe that has replaced the model’s head, as well as the additional “fabric” that replaces her hair – the pose, the guitar, and other details should make it obvious how these two images are related.

Now that we’ve established the source of the image in the poster, let me tell you that neither Alodia Gosiengfiao (the model), nor Tricia Gosingtian (the photographer) knew about the poster until they saw the tarpaulins for the event on major roads in the city. That’s right, neither of them gave their consent for use of the photograph above.

To make matters worse, usage of the image wasn’t limited to the poster you see above. To quote Alodia,

We also found out that they also used the design for TV commercials, posters, newspapers, etc.

The event is really highly publicized and yet we did not even receive a message about our picture getting used for their promotional materials.

It’s infuriating how many people treat material that’s posted online like it’s free to take. In cases like this, I don’t really know whether the more of the blame falls on the graphic artist hired to produce the materials, or the event organizer that commissioned the work.

It’s sad that such a great event (it’s a celebration of Earth Day, after all) is now marred by this debacle. What the organizers and the graphic artist did is clearly theft. With the cause they’re supporting, and the fact that the admission to the concert is free, I’m sure it wouldn’t have been hard to get permission to use the image. What makes it worse for them, as CNET Asia reports:

… knowing Edjie (a.k.a. Alodia), if only the stupid art department and production company asked her for permission, they would have gotten it free of charge.

They didn’t ask for permission – how’s that for stupidity?

update:
CNET Asia isn’t the only site outraged by this. Others have made themselves heard too:

Project: Site Statistics

Luis — Fri, 18 Apr 2008 19:15:20 +0000

Last month, I got an invitation to participate in Photonovice’s project on blog statistics. It involved discussing “shocking, funny, awakening or otherwise special search term or list of terms you noticed in your blog statistics.” Unfortunately, I didn’t find any interesting search terms to share back then. Back then, “cactus pt-04″ and “pt-04 trigger” were my top search terms. There was nothing surprising there, especially since one of my first posts was about Cactus PT-04 RF Triggers.

It’s a good thing that was only the beginning of the Photonovice project. Now, we’re discussing our most popular posts, and this time, I’m jumping right in.

There’s no doubt in my mind that the post 4 Reasons to Never Delete Images From Your Camera is my most popular post. Compared to any other entry I’ve posted here, this post has gotten over 4 times as many visitors. If you want to go by the number of comments, this post is still at the top of the heap. Heck, this single post has had more pageviews than the blog’s home page and the portfolio combined. It looks like quite a lot of people have had bad experiences with their cameras’ delete buttons.

Of course, I know that other people played a big part in that little post’s popularity. One day last December, Antoine Khater decided to discuss 7 Bad Habits of Digital Photographers over at Brian Auer’s little photography resource. For some reason, he decided to throw in a link to me (see item #5), and because of this, created an anomaly in my site statistics. I’m not complaining, of course. In fact, I’d like to take this opportunity to once again thank Antoine and Brian. You’ve screwed up my analytics, but I’m still very thankful.

update:
I’ve decided to mention my top 5 posts. Added up, posts 2 through 5 still haven’t gotten as many page views as the top dog, but I think they still get quite a bit of attention. So, here are my top 5 posts:

4 Reasons to Never Delete Images From Your Camera
How to Shoot (Photographs) Like A Terrorist
Testing My DIY Grid Spot
Items You Must Have in Your Camera Bag
6 Gifts for Photographers Under $25

WordPress 2.5

LightChasers Photography — Sun, 30 Mar 2008 01:21:47 +0000

I’m hoping you didn’t notice, but LightChasers Photography was down for a few minutes earlier while we upgraded to the lastest incarnation of WordPress. Well, we’re back online now and it looks like everything worked fine.

Of course, we’ll only know for sure if nobody notices anything wrong. Do drop us a line if you notice any bugs.

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