Showing posts with label copyright. Show all posts

Saturday, November 29, 2014

Don’t Put a Target on Your Back!

Technorati Tags: disclaimer,professional,postings,comments,photographs,rights,copyrights,social media,information,ramblings,legal standing,nonsense,photographer,model

It appears that we are entering another apparently annual round of people worrying about their copyrights, and rights to their profiles, postings and comments they post on the internet, especially on various social media sites they may belong to.

In response, they seem to rely on one or both of the following stock “Legal Notices” they find on the internet, to try and guarantee protection against photo, and or profile theft:

Today, (Month, Day, Year) in response to the Facebook (or other social media site) guidelines and under articles L.111, 112 and 113 of the code of intellectual property, I declare that my rights are attached to all my personal data, drawings, paintings, photos, texts etc... published on my profile. For commercial use of the foregoing my written consent is required at all times.
Those reading this text can copy it and paste it on their Facebook (or other social media site) wall. This will allow them to place themselves under the protection of copyright. By this release, I tell Facebook (or other social media site) that it is strictly forbidden to disclose, copy, distribute, broadcast, or to take any other action against me on the basis of this profile and/or its contents.
The actions mentioned above apply equally to employees, students, agents and/or other staff under the direction of Facebook (or other social media site). The contents of my profile includes private information.

Facebook is now an open capital entity.

All members are invited to post a notice of this kind, or if you prefer, you can copy and paste this version. If you have not published this statement at least once, you will tacitly allow the use of elements such as your photos as well as the information contained in your profile

I declare that I own full rights to my profile, as well as all information and pictures appearing in conjunction with my site ID and Profile. I will fully prosecute my rights, in relation to anybody misusing those rights, especially students of (particular) University to use any of that information or pictures in their studies or coursework.

…or words similar to these.

Like the vast majority of disclaimers, these and similar legal sounding ramblings are useless with no legal standing, or added protection to your rights.

Note that there are several things which should raise questions about the indiscriminate use of these notices.

It seems that the only country to have a “code of intellectual property” is France, so how would that be relevant to Australia, or America, (where most of the social media sites seem to be located)
What is an ”open capital entity”?
Why are you expressly instructed to not “share” the notice, but specifically “copy and paste it”?
Why do you need to specifically post a dodgy sounding, pseudo legalistic notice to place you under copyright protection, when you are already fully protected under Facebook’s, or any other site’s terms and agreements, and more importantly Australia's ( or any other nation’s) Copyright Law.

It seems to me …and I am not a lawyer, but I do have a decent working knowledge of Copyright…that at best this is just some useless nonsense, made up at some stage by some paranoid “bush lawyer”

Most likely though it seems to scream

“IAM A COMPLETE PRATT!”

“I do not understand copyright, and I have not read or understood the Terms and Conditions of the site I am a member of.”

“So feel free to steal my pictures, my postings, or my complete profile”

But above all, if the poster claims to be a professional photographer, model or in any other arts related field, I would regard their professionalism with the contempt it deserves.

Sunday, August 3, 2014

10 Ways to Improve your Photography


A wink is as good as a nod.

Increase your Credibility

Appear More Professional

and become trooley awesome!

To be taken with a grain of salt, and a dash of vitriol.

NUMBER 1: stop pilfering other people's works for “inspiration”, because they are so awesome, then announcing to all and sundry that you wish to conspire with other equally imaginative creatives to blatantly copy them, or at least make an awesome derivative work from them, while of course clearing yourself of all the blame by adding the useless disclaimer: “No copyright violation intended.”
Far from using these as inspiration to learn from you will simply be compounding the poor technique and mistakes of the 20 or 30 generations of the awesome brain dead copyright violators since the original image was made, to reach the depth of awesomeness that you have found in the bowels of the Internet.

NUMBER 2: look at some good photography and study good photographers. There are hundreds both from the past and present, and even if all you do is look at the work of Ansel Adams you will still be streets ahead of all the armchair experts who drop the only name they know all over Internet forms.

NUMBER 3: learn about lighting techniques and when and why they are used. A good starting point for portrait photographers are Beauty, Rembrandt, Butterfly, and Loop lighting, although there is a technique coming to prominence called “cheap skank ” lighting which in any of its many variations is guaranteed to affect even the most flawlessly attractive model.

NUMBER 4: study just some of the many more useful elements of composition and open your mind far enough to realise that you will not make your image instantly awesome by superimposing an imaginary tick tack toe gird across it.

NUMBER 5: refrain from trying to make that hugely oversized, ugly, designed-it-yourself logo an essential design element of your image. Better still throw it away completely and use the tried and tested, conventional copyright cut line as a watermark.

NUMBER 6: limit the application of the “Reduce to Mud” Photoshop plug-in to a maximum of three times per image. No don’t Google for it: just learn how to process properly!

NUMBER 7: search out one or two models whose beauty, personality, charisma, self respect and pride in their appearance actually make it worth taking your lens cap off for, rather than any person you come across in your desperation. If a model herself is deluded about her ability or her prospects surely it is the photographer’s professional responsibility to tell her she has not presented acceptably or is possibly not even model material.
Be aware that “Snog, Marry, Avoid” is a satire, not a training film about what to look for in a potential model.

NUMBER 8: pay attention to details: garish, inappropriate makeup; ugly,broken or bitten nails; worn or chipped nail polish; badly fitting clothes; unclean hair; awkward posing; unrelated, badly framed or poorly chosen background; skewed horizons; bony feet in “Minnie Mouse” shoes, etc.

NUMBER 9: show it little professionalism, and a serious approach to your work rather than hoping for the best from a Neanderthal Facebook grunt: “Wanna shoot…make woman look awesome”

NUMBER 10: have some kind of useful concept which some imagination can be applied to, and/or a viable useful purpose for the resulting images in your mind before the shoot. If the best you can come up with is

a ) my Facebook friends will tell me it is awesome and I could be a professional.
b) it will be awesome for your folio.
c) it will be awesome exposure.
Then the iconic phrase from the movie “The Castle” springs to mind: “Tell’im he’s dreamin”
d) “possible magazine submission – no pay” is also a notorious laughter maker these days too.

BONUS NUMBER 10: and possibly the best solution for so many: sell all your photo gear and take up stamp collecting, at least you will then be exposed to some well designed, and maybe even some truly awesome images.

Friday, July 18, 2014

Working with Under Age Models


Working with underage models is easy	if all the rules and regulations are observed before and during the shoot.

Maybe it's the school holiday season, or maybe even the onset of spring “when the dirty old man's fancy turns to photographing nubile chicky babes”, but the Internet forums have had more than their usual share of questions along the lines of: “What do I do when an underage girl approaches me wanting to be photographed?”

The stories of recent years involving illegally obtained mobile phones with ensuing exorbitant bills, and illegally obtained tattoos should be a pretty good indication.

However it seems that rather than the photographer going to the trouble of finding out the law as it stands in his region, state, or country, the question is thrown open to Internet forums and Facebook friends in the hope that if a good enough number of “Internet experts” vaguely agree with what he wants to do anyway, then it somehow makes it the right thing to do.

The responses are always strangely predictable, and fall into the usual distinct groupings:

total ignorance of the law.

total contempt for the law.

an interpretation of the law based on what an individual would like it to be, rather than what it actually is.

an egotistical interpretation where the law applies to everyone else, except ‘me’

the mantra of the latent criminal: it is not illegal unless you are caught.

an occasional lone voice who recommends checking with the appropriate authorities.

As it is also technically illegal to give legal advice when you are not qualified to do so, and I am not: therefore it is sufficient to indicate that the law which applies (in most countries – CHECK for yourself!) revolves around the age of majority and/or consent (it does not only have to do with sex, y’know) and the inability of a minor to ‘contract’.

Therefore if you are a photographer, rather than a guy with a camera (GWC), it is advisable to first check the law as it stands: most laws and regulations are very specific and unambiguous: laws are generally only complicated and onerous to those who do not wish to understand.

My personal rule of thumb when approached for photographs by teens who appear to be under the age of majority:

Ignore most of them: most are not serious, and few have anything of interest to a professional or serious photographer anyway. (Just as not everyone can or should be a photographer, not every girl with stars in her eyes has what it takes to be a model – rule of thumb: an amateur photographer uses his friends and acquaintances to learn and practice; a fauxpro is desperate to get anybody in front of his camera, and it shows in his photos; a professional picks, chooses and rejects everyone except those with real ability or potential, and goes with the one model who is most suitable for his current project or vision.)

If there is genuine potential, as well as signs of genuine interest and dedication, the parents should be referred to at the earliest opportunity. It is the parents or guardian who you will be dealing with for all contracts, transactions, model releases, and required legalities, including the most important: their Parental Permission (preferably in writing) for the photography to actually take place.

(It goes without saying that the girls who say they don't want their parents to know about it, or want to see if they are any good before they tell their parents, or they want to surprise their boyfriend with a professional pic, and even the seemingly innocuous “go on take a picture of me” that happens at public events: are all potential trouble with a capital T.)
I would still not go ahead unless I could ascertain in person that the parents were fully supportive, involved and, fully cooperative: those who seemed to be uninvolved, uncaring, or worst of all, meekly controlled by the kid’s whims would be an instant deal breaker. At the opposite extreme so would be the obsessive stage mum.

©Copyright: Stephen Bennett, MMXIV
Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this website, including any photographs and files downloadable from this website, without the permission of the copyright owner.
The Australian Copyright Act allows certain uses of content on the internet without the copyright owner's permission. This includes uses by educational institutions for educational purposes, and by Commonwealth and State government departments for government purposes, provided fair payment is made. For more information, see www.copyright.com.au and www.copyright.org.au.
We may change these terms of use from time to time. Check before re-using any content from this website.

Interesting Links:My Photography Webpage
Facebook page for Professional Photographers and Models
The Definite Article Photography and Video on Facebook
My Pond 5 Page
The Definite Article at Publicise Me

Wednesday, July 2, 2014

Rights of Various Participants in a Photo-shoot...Part Two:

The Photographer´s Rights

In most cases, (including when a shoot is commissioned by a client), the photographer retains copyright in any and all photographs taken at the shoot.

He then licenses (limited and lawful) usage of those photographs to the client, or to other users, and potential markets, and usually, but not always, licenses a limited usage to the model to allow him/her to promote themself on the internet and within a printed portfolio.

Model with Assistant/MUA/All in One

Photographer´s Assistant

Many models, actors, and photographers are keen at times to act as a photographer´s assistant, and it is a great experience to see a shoot, and learn from both sides of the camera. I regularly ask models, especially those interested in photography to assist me on shoots with beginner models.

Several models have asked what does an assistant do? (apparently very little!)

Apart form the stock answer ¨there is always a reflector to hold¨ they are actually very valuable:

they do wonders for putting an inexperienced model at ease,
they liaise easily between a male photographer and a female model where a new working relationship may be a little tense at first...(believe me it is on both sides)
they also keep inquisitive onlookers at bay,
they keep valuable photographic equipment secure while the photographer is concentrating elsewhere,
they attend to makeup, hair and clothing, and any problems which arise.

But of most value to them: they learn, and learn quickly by observing, helping and doing.

Assistant’s rights: besides respect and value for a job well done, they are also encouraged (by me, as well as many other professionals) to take some of their own photographs during a shoot, when time permits...to which they do own the copyright, although if the shoot is for a client they are under the same limitations of usage as the photographer.

However it is advised that they get the photographer´s permission to sell or license any of the photos they do take, before they do so.

Second Shooter

A second shooter is often required on big shoots such as a large wedding, or an event where the main photographer simply cannot be in two or more places at once.

I have been told of photographers being asked to be second shooter on model shoots and similar, but I can not fathom why one would ever be needed.
( I do however have a suspicion as to why, namely the photographer thinks the second shooter will have ideas better than his own, or will take better shots than he himself is capable of...the reason for this will be become obvious in the next paragraph)

The second shooter has no rights to ownership of any of the pictures he/she takes on a shoot...they are actually contracted to the #1 photographer (unless working under other previously agreed arrangements) who owns copyright of all the shots taken whether or not he pressed the shutter button, or owns the camera equipment used.

And because most shoots which are big enough to require a second shooter are usually commissioned by a client, there will be little or no credit or portfolio use offered as well.

However more agreeable second shooter terms can be negotiated with certain photographers on certain projects...one possible scenario is when one shoots stills while the other shoots video, an arrangement I often work under.

Makeup Artist

Very few rights: they own no rights to the photograph at all as expected, and just as a model allows usage of their likeness, a makeup artist allows usage of their makeup design, which in most cases is fairly standard and therefore not original or copyrightable.

They may or may not be offered photos for their portfolio and self - promotion.

The Make up artist’s more elaborate original designs: often seen in photographs these days (but incidentally these photos which have little saleability), is technically subject to copyright, but in practice they have given permission for their design to be used.

Similarly an original design of a tattoo may be copyright (in some cases) to the tattoo artist, but they cannot stop people from looking at it, or photographing it once it is on someone´s body, or in the public domain.

The Stylist

This category is only included for the sake of completeness as the vast majority of us will never come across a stylist in our day to day photography.

As an important member of high end commercial photography teams, the stylist is responsible for strict adherence, and even improvement upon the shooting brief, and for making certain that the client’s product is seen in the “best light”, and therefore have the right of input into all aspects of the shoot to ensure that happens.

At the opposite end of the photographic spectrum it is apparently the rising trend to have at least one “stylist”, and sometimes several: hair stylist, set stylist, furniture stylist, clothing stylist, shoe stylist…well the more the merrier.

As to their actual function? Well who really cares as long as everyone is having “fun”?

Model´s companion

(includes stage mum, chaperone, boyfriend, minder)
No rights whatsoever, except to keep their charge safe, and out of harm´s way.

Can be ejected if distracting the model or the photographer or interfering in any way with the shoot

However it is usually a very good idea to have a mum around when:

the model is young and inexperienced
is under 18
it is the first meeting between an unknown model and photographer
the shoot is being run by an amateur

Young, same age as the model girlfriends are not a good idea
...boyfriends, however, are never much more than a distraction to everybody involved.

NB: Professional shoots

In some cases, including on my shoots, especially when a model is young and/or inexperienced, a mother of family member is welcomed on set, (as long as they are not tempted to interfere with what is essentially a job of work - and there is always a reflector to hold) but in the majority of professional shoots with most professional photographers a minder of any sort is completely banned, and totally unnecessary. (let´s face it: do young people take their mum or boyfriend to their job behind the McDonalds counter?)

The last remaining question:

What if, as so often happens in the internet modelling arena, a model, a makeup artist, or even a stylist, organises or facilitates (commissions?) the shoot and merely enlists the photographer to press the shutter button?

Is the model, the makeup artist, or the stylist entitled to copyrights of any kind over the resulting photographs?

Afraid not! This is technically a commissioned shoot, and as with all normal client commissioned shoots the photographer owns the copyright to the photographs, unless the photographer has signed a contract with the client, or is willing to sign over his copyrights to the client in writing.

This is one of the reasons so many internet modelling arrangements instigated by models or makeup artists attract only amateurs or very inexperienced, non-savvy photographers, as no professional photographer would ever agree to signing over copyrights without receiving a very large payment.

This last entry pertains strictly to Australian Copyright Laws and may differ in other countries.

None of the above is not meant and should not be taken as legal advice … it is information gleaned from many years experience as a practicing photographer.

For further information refer to: Australian Copyright Council website: www.copyright.org.au

P.S.: you will appreciate that I refrained from saying “I am not a lawyer, nor do I play one on TV “ which no doubt would have sent you all in to hysterical fits of uncontrollable laughter…or so it would seem from the number of times I have seen this phrase posted ad nausea over the past fifteen years, by legions of “internet experts” who do not want to assume any responsibility for anything they say on innumerable forums.

Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this website, including any photographs and files downloadable from this website, without the permission of the copyright owner.
The Australian Copyright Act allows certain uses of content on the internet without the copyright owner's permission. This includes uses by educational institutions for educational purposes, and by Commonwealth and State government departments for government purposes, provided fair payment is made. For more information, see www.copyright.com.au and www.copyright.org.au.
We may change these terms of use from time to time. Check before re-using any content from this website.

Interesting Links:
My Photography Webpage
Facebook page for Professional Photographers and Models
The Definite Article Photography and Video on Facebook
My Pond 5 Page
The Definite Article at Publicise Me