#96 Copyright revisited

I had two slightly disturbing comments in response to my post (#94) on copyright. They both came from the same ‘anonymous‘ person – no name was attached & only a ‘fake e-mail’ was given. They demanded that I “Delete this post (#94)”!

My best guess from the mystery person’s angry responses was, perhaps, they hired a wedding photographer and there was a misunderstanding as to who had what rights to the photos and files. That’s a tough scenario and illustrates a good reason to have a written agreement clearly outlining details of the service.

There are two common wedding scenarios:

  • The traditional wedding photographer usually offers coverage of the wedding for a set fee and then sells packages of photographs to the couple.
  • Sometimes, a photographer will offer an inclusive package (for a higher price!) including the negatives or digital files and the rights to reprint the photos as they wish.
  • It is important to know what you are paying for! Either way, the photographer generally retains copyright.

Some comments from the Mystery Person:

  1. … why should the consumer be jerked around…
  2. This law was designed to be as anti-consumer as possible.”
  3. you (photographer) should be allowed to use the photos you sell by default for non-profit/ personal use.
  4. … shouldn’t be allowed to turn around and use photos from my wedding and sell them to a stock photo company.
  5. if it was as bad as you say, how have people lived so long in your business?

Some responses to the angry person’s comments:

#s 1&2. Sounds like something went terribly wrong in their experience. That’s a shame!

3. … you should be allowed to use the photos you sell by default for non-profit/personal use.

Working photographers run photography businesses with the goal of earning a profit that supports a person or family. Selling only for “for non-profit/personal use” does not pay the bills!

4.… shouldn’t be allowed to turn around and use photos from my wedding and sell them to a stock photo company.

The mystery person is onto something here. As I understand it, a wedding photographer cannot license wedding imagery of recognizable people or private property without a proper agreement from the people or property owners. For exact specifics consult a lawyer!

5. … if it was as bad as you say, how have people lived so long in your business?

Running any small business is tough and hard work. Long hours, few certainties, changing markets and angry, anonymous messages add to the challenges. The business of photography has grown more demanding over the last twenty years. Some photographers have survived using good business practises, adapting to market changes and educating themselves on important issues like copyright!

Normally, I will not acknowledge angry, anonymous, impolite rants. But I hope this helps the Mystery Person and anyone else out there!

Interested in learning more about a creative business project? – consider my Creative Business Seminar in November, 2008.

Take care out there,

Harry

#95 Student successes!

I taught a custom course last month to a woman working for the federal government – she was given the task to photograph the Canadian government’s apology to survivors of the native residential school system. See post #81.

She went from an occasional hobby photographer to being in the photo hot seat – capturing a highly emotional event with our highest elected and appointed officials!

Talk about stress!

Terri arranged for some of my photo training through her workplace to help her achieve some good photos. We spent time refreshing ideas of photography – this won’t make anyone a pro but it will help achieve results.

Terri did well – see her photos – posted with permission:

student photo
Assembly of First Nations leader Phil Fontaine

student photo
Canadian Prime Minister Stephen Harper

student photo
Canadian Governor General Michaëlle Jean.

Nice work Terri!

A custom course makes sense for the workplace when there is no budget for a pro photographer but good photos are required!

Harry

#94 Copyright Reform

First – thanks for all the birthday wishes!

Now down to business – here in Canada our copyright laws related to photography are well out of sync compared to most of the rest of the developed world.

You see, by default in Canada, a customer automatically receives copyright of your commissioned photo work once they provide payment. Unless it is specifically written otherwise you lose control over your work once the customer pays. As a photographer, copyright is the most valuable asset we have.

In most of the rest of the developed world the photographer, by default, retains their copyright unless otherwise stated.

It’s a small but important distinction. Currently if someone hires you to take a photo you have NO rights to those pictures once they pay unless it is clearly agreed you, the creator, retain copyright of the work. This means:

  • you CANNOT show any family portraits you took in your portfolio (online or paper) without permission.
  • you CANNOT re-license imagery (ie earn money) from a magazine assignment down the road – all your work is pinned to that one small sale.
  • you have no rights to your commissioned creative produce.

“So?! The photos belong to the client – they paid for them? Right?” Other creative producers in the world – musicians, writers, illustrators – retain their copyright by default. Without copyright there is little incentive to remain in business. Without incentive there will be fewer talented photographers and less available working photographers.

There are many myths around copyright and photography in Canada:

  • Usage: copyright and usage are separate entities – the photographer can retain copyright while offering the client ample usage of the photos.
  • Privacy: copyright does not mean a photographer can use photos of a person without permission. Model releases are often needed to show photos of people.

Currently, copyright reform is underway in Canada: CAPIC recently trumpeted:

COPYRIGHT REFORMS MOVE FORWARD!

Toronto, June 12, 2008 – Andre Cornellier, CAPIC Copyright Chair, reports from Ottawa that the Government of Canada included photographers in Bill C-61, An Act to amend the Copyright Act, which had its first reading in the House of Commons today.

For over 12 years CAPIC and PPOC (Professional Photographers of Canada) have worked together as the Canadian Photographers Coalition to have Section 13(2) of the Copyright Act removed. This section treated photographers differently from all other Canadian creators when photographers produced commissioned work (assignments) for third parties.

In Bill C-61, introduced today, Section 13(2) is repealed. CAPIC is pleased that the Government of Canada has listened to our concerns and introduced the appropriate legislation to deal with those concerns.

What Happens Next?

The Bill will have a Second Reading and then be referred to Committee. After hearing from interested parties, the Committee will report back to Parliament with recommendations for the wording of the final Bill. If the Bill passes Third Reading it will be forwarded to the Senate where the same procedure will be repeated. Upon approval by the Senate the Bill is signed by the Governor General and proclaimed.

That’s good news for photographers – but it’s not complete yet…

For more copyright info check CAPIC’s copyright page.

That’s a heavy topic. But, please, learn about your specific copyright laws. They’re important!

Harry

#93 Canada Day!

It’s been a busy few weeks with little time off. I managed some down time but this is a busy time for work. I just finished shooting some of the Jazz Festival for the Sun newspaper and the Ottawa Bluesfest is about to ramp up.

I have also just submitted work for a custom stock assignment for the federal government – shooting a themed selection of imagery.

My recent Ottawa Magazine feature is hot off the press featuring Bluesfest’s 15th anniversary.

I also shot a family plus portrait at a cottage. Family plus? Some group photos and then some candids (candids are always more fun) at this family reunion. That was yesterday but feels like a week ago.

Remember blog post #77? I publicly announced I intended to have my main agency’s submission out the door by June 18th. Well it happened – it was down to the wire but done. The publicly stated goal helped get it done. Speaking of goals I just mailed students on my Creative Business Seminar the goals they made in April.

I also just bought a 14mm prime lens. Nice for digital and film bodies. Very nice. And today I just bought a 4×5 “press” camera for a personal project. I have never shot large format. The film is huge. I am very excited!

Tomorrow is July 1stCanada Day. It’s Harry day, too – my birthday. I will be 40 in a few hours. It’s a big holiday. I had hoped for a day off but there will be an hour or two of work. Delivery of family portraits. Oh, and some “research” with the new 4×5. The research is more fun than work.

Later this week I have an “Executive Portrait” – clean crisp head shot – no crazy candids there. A very different style of portrait than the family affair. Check my Natural Light Portrait course if you’re curious about better people pictures.I am also teaching a custom course to a woman traveling with a personal photo project.

So tomorrow, in honour of Canada and my birthday I will be skipping a blog post.

Sorry. It’s gotta happen.

H

#92 Herbie Hancock at the Ottawa Jazz Fest

Herbie Hancock – another great name in music appeared at the Ottawa International Jazz Fest this week.

Many performers shy away from the media spotlight and photographers working in the media pit. Bob Dylan was enormously restrictive in last year’s performance – no photography.

Mr Hancock was welcoming and played to the crowd and photographers. He came to the front of the stage and talked to the audience while photographers worked hard. I was so close I could have touched his shin if I raised my arm.

The Photos:

Herbie Hancock at Ottawa Jazz Fest
Herbie Hancock greets the Ottawa Jazz Fest crowd

Herbie Hancock at Ottawa Jazz Fest
Hancock talks it up

Herbie Hancock at Ottawa Jazz Fest
A large crowd came to see Hancock perform

Herbie Hancock at Ottawa Jazz Fest
Hancock doing what he does best

Herbie Hancock at Ottawa Jazz Fest
Hancock brought the Fazioli piano from Toronto

Have a great weekend,

Harry

#91 Wynton Marsalis photo – Jazz Fest

One of the finest trumpeters alive, Wynton Marsalis played the Ottawa International Jazz Festival last week.

I was shooting for the Ottawa Sun Newspaper. It was fun, of course, but a significant challenge as Mr Marsalis sat in the middle of the back row of the Lincoln Centre Jazz Orchestra – very hard to capture from the media pit!

Some photos:

Wynton Marsalis
Mr Marsalis at the Ottawa Jazz Fest – June 2008

Marsalis plays to the crowd
Marsalis plays to the crowd

Marsalis shapes the sound
Marsalis shapes the sound

Tomorrow… Herbie Hancock.

H

#90 Jazz Fest photos

Ok, here are some recent photos I shot from the Ottawa International Jazz Festival. I shot a couple of days for the Ottawa Sun – other freelancing. The Jazz Fest continues to July 1. Check it out!

Over the next few days I will be posting a few highlights starting with Buddy DeFranco – an 85 year old master clarinetist. He’s been performing for 73 years and, I imagine, has no desire to retire.

Coming up later this week I will post photos of Wynton Marsalis and Herbie Hancock.

Neil Swainson gets into the bass
Neil Swainson gets into the groove – Ottawa Jazz fest

The crowd at Ottawa Jazz Fest
The crowd watching opening act Félix Stussi


Master clarinetist, 85 year old Buddy DeFranco

Joe Cohn on guitar
Joe Cohn captivates with a guitar solo as Buddy takes a break!

DeFranco plays for the Ottaw Jazz Festival crowd
Jazz great Buddy DeFranco plays to the Ottawa Jazz Festival crowd.

Tomorrow – Wynton Marsalis.

Friday – Herbie Hancock

Next week I will post leftovers from this week – student photo and copyright – “boring”… but important!

Have fun,

H

#89 Amazing live camera

I saw a recent video of the capabilities of a powerful ‘live’ camera:

  • The memory is enormous
  • The capability is staggering
  • Provides a 5.5 yard image
  • The processing time per image takes… days

I was stunned by the abilities and accuracy of Stephen Wiltshire‘s photographic memory. See his story and his aerial image of Rome.

Later this week on the photoblog at HarryNowell.com:

Stay Tuned!

Harry

#88 Winners, jazz greats and stunning people

This week at the photoblog of HarryNowell.com we hope to share:

  • news and views of my work at Ottawa Int’l Jazz fest
  • a report on a stunning person’s camera ability
  • new info on copyright
  • a student photo
  • a review of my stock goals
  • and today… the answer and winner of the last week’s photoblog quiz and contest

Last week I showed this photo and asked:

photo quiz
What was the shutter speed used to capture the motion of the swing photo?
What was the approximate aperture?
Where was the camera?

The Answer: I shot this with a slow shutter to get the blur – 15th second and a small aperture – f16 or f22. I used a fixed focal 15mm on a film rangefinder camera – no zoom. Camera was held in my right hand – just plain motion blur.

Curious to learn more? Consider my Creative Fundamentals Photo course in September in Gatineau Park.

The Prize Winner: Al G. of Ottawa was the first to correctly provide a good answer. Congratulations Al! He chose this ChelseaGallery.ca photo prize:

ChelseaGallery.ca

More tomorrow…

H