Because Mackie is suing Hipple to the tune of $60,000 for copyright infringement.

Now, we all know the economy sucks. And I usually reserve my outrage for predatory corporate entities bent on the economic pillaging of the individual content producer.

But now, things are apparently so bad, that it’s content-producer eating content-producer…a veritable Lord of the Flies scenario for image-makers.

——————————————————————

In the words of the ill-fated Simi Valley motorist  Rodney King, “can we all just get along?”

Apparently not.

Hipple’s stock agency, upon receiving notice from the “artist” and his legal team, took the picture down from their site. But that wasn’t good enough. Mackie, who had wisely registered his piece, is now seeking punitive damages to the tune of the aforementioned $60 grand.

For more information on how this case is playing out, and how you can help (this affects each and every one of us who shoots travel pictures in public places), hit the jump.

Here’s Hipple’s statement on the case:

Now if this doesn’t qualify as fair use of the sculpture, I don’t know what does. “Fair Use” is a legal concept that allows a certain amount of copying of someone else’s work—you can get a fuller idea of how it works at the Stanford Fair Use Project website.

Think of it this way: if Mr. Mackie is correct and this isn’t fair use, then he can file a $60,000 law suit against anyone who, when strolling along Capitol Hill, thinks the dance steps are nice and takes a photo or video. He may not find you if you just leave the image on your camera or computer, but as soon as you post it to Facebook, Flickr, YouTube, etc., he can (and apparently will) sue you.

We’ve had cases like this before. When Anish Kapoor’s Cloudgate sculpture (aka “The Bean”) was first displayed in Chicago’s Millenium Park, they tried to prevent any professional photography of the publicly financed and displayed artwork. That lasted about a year or so before it was knocked down.

In the meantime, Hipple has set up a legal defense fund site to which you can contribute. If you are a member of ASMP (American Society of Media Photographers), write to your local chapter to see if we can get the organization’s Legal Action fund (to which I am a regular contributor) to adopt Hipple’s case. And if you can’t afford to do either, send Mike an email of support.

This is an important case and from what I can glean, Hipple doesn’t have the means to fight it. But if somebody doesn’t come to his aid, one thing is for sure….

Photographers are going to get walked over….again and again.

© Bob Krist--Imagine shooting aerials without leaving the ground!

Some of my friends and colleagues have been sharing some great information lately.

Nevada Weir, adventure travel photographer extraordinaire, shares a great post: The 10 things she wished she knew before becoming a professional travel photographer and the 10 things she’s glad she knew. Take number three in the “glad she knew” category:

I knew that I had some great traits for a traveler: I can handle alcohol; I can sleep anywhere; I have an “iron stomach”; I have a bad sense of smell; and I remain very calm in times of stress or uncertainty. All very useful for the solo traveler.

Funnily enough, I have all those same traits (especially the alcohol-holding abilities) EXCEPT that I do go to pieces in times of stress and uncertainty….but I’m working on it, sometimes even without the alcohol part!

To find out where Jim Richardson has been parking his fedora,why Stephen Alvarez craves getting high above all things, and why Joe McNally won’t confess to a swami, hit the jump.

I was wondering where Jim was as I often try to hit (and indeed have a link to) his Working Photographer blog and it seemed that he hadn’t updated it in months.

So I gave him a call to commiserate on “blogger’s block” (it’s just like writer’s block, only you don’t lose money if you don’t write, because nobody pays you anyway!), only to learn that Jim is far from battling blogger’s block,  he’s just moved his blog to National Geographic’s site.

So if you’re missing Jim’s insights, head on over to the new site to get your fix.

And Stephen Alvarez, one of my favorite Geographic shooters, has found the ultimate toy for photographers. It’s not a camera or lens. But it’s guaranteed to get you high.

Trouble is, these things cost more than my car is worth (yes, I drive a cheap car, but it’s not that cheap). I’ve been looking at something similar, but I can’t justify $9 grand for something I’d probably crash the first time out. But we can dream can’t we? A nice late summer’s night dream…

And finally, my buddy Joe McNally is afraid I’ve gone all swami on him, and that he won’t have anybody to confess to….not so, my son, your old Father Bob is always here for you!

www.whattheduck.net

I just read Andrea Pistolesi’s post A Requiem for Travel Photography, (first brought to my attention on Tewfic El Sawy’s excellent Travel Photographer blog).

For those of you who may not recognize his name, Andrea is one of the busiest and most talented travel shooters around, with a string of publication credits that would choke a horse. If I had a quarter for every assignment I lost to Andrea over the years, I’d be very well off—this guy can shoot (and write, in English, even though he’s Italian!).

I highly recommend taking a read of the whole post, but to summarize, Andrea posits that travel photography as a profession is gone, primarily because most of the publications that made assignments are either gone or severely cutting back. But he ends with a very cogent and insightful observation:

“I keep thinking that the world has a lot of stories worth to be covered photographically. The real task is to modernize our scope, create new ways of distribution (using the new technologies, think of the iPad for example), reach the young reader.

For the Travel Photographer the time has come to drop the “Travel” label. Everybody has a camera in his pocket today. The photographer is somebody able to see in a personal, strong way, and pass the message on..

Wow, Andrea’s analysis really hits a home run (or, more culturally fitting, scores a big goooooaaaaaal). To find out what this might mean, hit the jump.

Nobody needs more shots of the neon-festooned hotels in Miami's South Beach, but a story about a cool character who lives and works there, like muscian Leo Casino, might find a market in the new media environment. Photo © Bob Krist

It’s finding the stories in our travels and a personal way of telling them, that may help us all survive in the new media market. And it sure jibes with my experience. A lot of travel photography I see (and have done myself on occasion) lately is trophy hunting more than story-telling.

Like the photo tours and cruises, where the leader takes the group to all the best spots so everybody gets “the shot.” Or going and nailing the skylines, the icons, etc. that have been done before (and yes, we try to do them better, but sometimes, in the older professional travel photography business paradigm, you just needed them).

I know that my last few months have been spent grappling with new media, trying to learn the new grammar of visual storytelling with moving pictures.

It’s all brought me back to wanting to tell stories, like the picture page spreads I did on local characters in Jersey City and Hoboken for The Dispatch back when I was a fledgling news shooter in the mid-70′s, rather than shooting single iconic photos that have been done before.

Problem is, there’s no clear market for these stories, local or exotic…. yet. But hopefully there will be, because the net is very niche, and because the billions of pictures of every place from the Taj Mahal to Monument Valley out there being licensed or sold outright for pennies, combined with the dearth of editorial outlets, really have doomed the old paradigm.

And I’m hoping, but not entirely sure, that the new paradigm might include a pay-to-play, decent-money-for-decent-content, business model.

So besides learning a new way of telling visual stories, I’m also going to try to go for a new paradigm in my own travels. Just like the Slow Food movement has taught us to slow down and really eat, I’m thinking of Slow Travel—-go fewer places, stay longer, and dig out the stories of the people who are in the place.

That doesn’t mean I won’t accept the run and gun assignments that have been a career staple (I say that knowing that although no photo editors read this blog,  I should cover my kiester just in case one stumbles upon this post… Yes, Mongo have camera, will shoot fast for food and mortgage money!).

So, like Andrea Pistolesi,  I’m hoping that professional travel photography (and photographers!) don’t need a requiem just yet……maybe just a major makeover!

]]> http://www.bobkrist.com/blog/is-travel-photography-dead/feed/ 21 http://www.bobkrist.com/blog/new-and-old-friends/ http://www.bobkrist.com/blog/new-and-old-friends/#comments Fri, 30 Jul 2010 13:02:01 +0000 Bob http://www.bobkrist.com/blog/?p=4661 I’ve had the distinct pleasure of catching up with some old friends, and meeting some new colleagues, on a couple of projects I’ve been working on these last few weeks. I’ve learned a lot from these guys and I recommend hitting their websites/blogs for some excellent inspiration and instruction.

Reznicki Rules–I’ve known Jack Reznicki for years and long admired his people photography, but I had never heard him speak until I caught him at a recent conference. Wow, his talk was funny, informative, and just loaded with terrific images!  He is one of those rare shooters who not only makes great pictures, but he’s able to break it down and teach the process as well. His books and website are highly recommended. http://www.reznicki.com/

Dynamite Dave–Veteran sports shooter and speedlight maven Dave Black is a delightful guy, major talent, and great teacher. He regularly runs  “Workshops at the Ranch” which are always popular. I had a chance to watch Dave at work recently. Although Dave is famous for his sports photos (and rightfully so) I love his feature work and the stuff he’s done with lightpainting and speedlights, especially at Arlington National Cemetery….haunting and beautiful. http://www.daveblackphotography.com/

Corey is Cookin’–I also recently met Corey Rich , and he is a one man visual dynamo as well as an articulate teacher. Long known for his outstanding adventure and extreme sports photography, Corey has made the transition to video and has made it with a bang. I admire him not only for his eye, but for what he’s had to climb (hint: El Capitan, for one) to get that eye in the right place at the right time!  http://www.coreyrich.com/

Back when I was a young(er) buck, I used to do a lot of annual report photography for many of the Fortune 500 companies, especially the pharmaceutical and telecom companies….they were all based in Jersey and so was I.

So it was a no-brainer to drive down the Turnpike, show a portfolio, and hopefully snag some work from them. But the above video more or less sums up why I left that world after a few years and went into the low-pay, slow-pay world of editorial travel from the fat-cat world of corporate dayrates.

Yes, those dayrates helped to pay my mortgage and educate my children, but the process nearly drove me out of my mind. Watch the movie, and you’ll get an idea why!

Somewhere near Mexican Hat, Utah.....

Ah, the lengths we go to to gain inspiration on an assignment. Whether it’s staying out even though the skies are cloudy and pouring rain, or channeling Navajo spirits near Monument Valley, the wise shooter will leave no stone unturned in the quest for the photographic Holy Grail, a great picture.

Unfortunately, I won’t be able to share the results of this shoot in the Four Corners until the publication drops in late September. But in the meantime, I can share with you some valuable truths I learned (or actually re-learned).

One of the immutable truths of good travel photography is to find knowledgeable local help…folks who know the area well and can help you make interesting pictures. To that end, here are a few folks who helped me out bigtime on the assignment.

If you want to beat the crowds and the forest of tripods at the famous Antelope Canyon, the popular slot canyon, try visiting another, slightly smaller but no less spectacular slot canyon located on private property and solely accessed by the folks at Overland Canyon Tours.

These small private tours give you plenty of time to explore the rooms, with few, if any, other shooters getting in your way. If you get Charley, the owner, as your guide, you’ll even get expert photographic advice and a great stories to boot.

For touring Lake Powell, contact Steve Carrothers at Antelope Point Lake Powell marina. Steve can set you up with a comfortable boat and captain who will take you to some spectacular places to see and photograph beautiful Lake Powell.

And if you want an insider’s view of Monument Valley, try Harold Simpson’s Monument Valley Trailhandler Tours. Owned and operated by Navajo people, the sunrise and sunset photography tours will put you in the right places at the right times to do justice to this magnifcent landscape.

Ask for Richard Frank as your guide, and be prepared to be blown away by his portfolio of stunning photography shot on his little Sanyo Xacti hybrid still/video camera.

Richard’s work proves once again that being out there day in and day out is worth more than all the expensive photo gear in the world when it comes to capturing magic moments!

www.whattheduck.net

In the midst of the packing and last minute details for an assignment I’m leaving on tomorrow (note to self: no more blog posts about Photoshop or plug-ins…whoa…you guys are tough, tough, tough), I took stock of my upcoming shopping list for gear, gadgets, and software.

And none of it was for still photo stuff.

I should be upgrading to CS5, but all my cameras are covered by the version of Adobe Camera Raw in CS4 so what I’m really getting ready to plunk down near four figures to upgrade is to Final Cut Studio from Final Cut Express, and not from CS4 to CS5.

And yes, I’d like that tiny new 85mm Nikkor DX  VR macro lens, but what I’m actually buying next is a fairly pricey little Sennheiser wireless mic setup. And I’ve been hitting the videography blogs with alarming regularity.

What the hell is going on? Hit the jump to find out just who, or what, has hijacked my brain.

Like a lot of editorial shooters, I’m totally swept up in the multimedia vortex. Truth be told, I’ve been in there for a while, and I’ve enjoyed the added dimension of dealing with audio in my multimedia slideshows, (even though I’ve yet to find a reliable market for these gems).

But, I put off learning about video for as long as I could (poor baby, I thought the learning curve of basic Photoshop was brutal… that was, of course, until I met Mr. Final Cut, who is a truly tough mofo), but the day has come.

And I’m excited by the possibilities. If the above cartoon (and Malcolm Gladwell, who floated the 10,000 hour formula in his excellent book, The Outliers) are right, I’ll probably be a grandfather (take your time, boys, no rush to reproduce! Dad doesn’t fancy grandfatherhood just yet.) before I get close to a decent fraction of the required hours, but there’s the thrill of total authorship that drives us old editorial shooters, who are all-too-used to getting our vision pawed over by layers of editors and writers before it sees the light of day.

But, I’m noticing a disconnect.

While magazine and editorial shooters are all about learning video, and the documentary and indie film folks are absolutely head over heels in love with big-chip, soft-bokeh, fast-prime-lens DSLR videography, lots of photo enthusiasts could give a hoot about the video capabilities of their SLRs.

At least that’s the feeling I’m getting at recent seminars I’ve taught recently in Houston, Philly, and San Francisco for National Geographic Traveler.

So, while it’s going to be quiet around here from me in these next 10 days, I’d love to hear from you, regarding your thoughts on DSLR video (or any kind of video) and how you think it will impact what you do. Or not….And go Celtics!

]]> http://www.bobkrist.com/blog/whats-wrong-with-this-picture-er-i-mean-this-video/feed/ 26 http://www.bobkrist.com/blog/enter-this-into-pop-photos-travelographer-of-the-year-competition/ http://www.bobkrist.com/blog/enter-this-into-pop-photos-travelographer-of-the-year-competition/#comments Tue, 01 Jun 2010 15:43:30 +0000 Bob http://www.bobkrist.com/blog/?p=4463 Well, the foxes have been put in charge of the photo contest henhouse again, this time by Popular Photography. Their “Travelographer of the Year” photo competition is another thinly-disguised rights grab similar to Frommers’ notorious contest.

Yes, the good folks at Popular Photography who depend on you, the photo enthusiast, for their bread-and-butter subscriptions have no compunction about ripping off your work. Where, you might ask, is the love? I suspect it’s left on the conference table in the Legal Department, in the folder marked “F__k ‘em if They Can’t Take a Joke,” or “Their Ignorance is Our Bliss.”

Truth be told, Pop Photo has been sliding down this path for a while under their new ownership and without the guidance of the late, great Burt Keppler, and the host of real photographer friends on staff like Monica Cipnic, Mason Resnick, and the crew from that era.

Fortunately, an organization called www.pro-imaging.org is helping to call out these rights grab contests. They offer the all-type jpeg seen above that you can use as a contest-entry, calling out the organizers of these rip-off contests and offering to educate them on issues of rights and rates.

Their Bill of Rights for photography competitions is worth a read, since these contests are springing up like weeds from all quarters, and many of them have this boilerplate ripoff rights language.

This kind of pro image-creator rights activism used to be the mainstay of the American Society of Media Photographers (ASMP) before that organization got bogged down in a lot of internecine squabbles about dues increases, director payments to one another, and gadfly censuring.

I’ve been an ASMP member since 1982, but am reconsidering renewing in 2011 because of this bureaucratic nonsense and the erosion of member benefits that seem to move in lockstep with ever-increasing dues demands.

Pro-Imaging.Org looks to be a UK-based entity and is totally non-profit and run by volunteers. The membership is £30, which is about US$50 (as opposed to ASMP’s current $335 per year). And all the money goes to the programs (photo contests are just one aspect…they deal with all types of rights-grabbing organizations), not the leadership.

It’s too soon to tell how effective Pro-Imaging.org will be in the long run, but so far, I like the cut of their jib and it’s worth my $50 to help their cause.

Hit the jump for a read of the Travelographer of the Year contest rules. 

Warning….your sensibilities as an image producer are guaranteed to be offended, sometimes resulting in agita (aka “heartburn”), and general irrititability. If symptoms persist, see a lawyer!

GENERAL RULES & LIMITATIONS: By entering, you represent that: (i) your entry is your own original work; and (ii) you own or have the rights to convey any and all right and title in any material submitted as part of your entry into the Contest. By entering, you grant to Sponsor a non-exclusive, worldwide, royalty-free license to edit, publish, promote, republish at any time in the future and otherwise use your submission, along with your name and likeness, in any and all media for any purpose, without further permission, notice or compensation (except where prohibited by law). By participating in the Contest, you agree to release Sponsor and its parent companies, affiliates, subsidiaries, employees, directors, officers, and agents from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained in connection with the receipt, ownership, possession, use, or misuse of any prize. Sponsor is not responsible for technical, hardware or software failures, or other errors or problems which may occur in connection with the Contest, whether computer, network, technical, mechanical, typographical, printing, human or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Contest, the processing or judging of entries, the announcement of the prizes, in any Contest-related materials, or that may limit prize fulfillment or a participant’s ability to enter the Contest. Sponsor reserves the right to amend these official rules and to permanently disqualify from the Contest any person it believes has intentionally violated these official rules.
PRIVACY: By entering, you agree that the information you provide may be sent to promotional partners of the Sponsor. You may be contacted by the Sponsor and/or promotional partners with future promotional offers. Information provided by you to participate in this Contest is subject to the privacy policies of the Sponsor.

Photo © Bob Krist

I’m just putting together a stock submission of images from Buenos Aires  for a European magazine client when I came across the above pic of the Capitolio dome in Buenos Aires. It’s the seat of the government and notice how it’s nicely etched with light.

There’s a story behind that, and it’s another tale of who you know, not necessarily what you know.

My excellent friend and fixer, Bernardo Galmarini, knew the building manager of the Palacio Barolo building, an unbelievably beautiful art deco masterpiece from which we shot this view. It’s a work of art, and topped with a real working lighthouse complete with giant bulb and fresnel lens. That’s Bernando, below, checking his settings by the glow of the lighthouse.

Photo © Bob Krist

For the story of how we lit the dome of the Argentinian parliament without bringing the country’s Air Force or the Secret Service down on our heads, hit the jump.

Both the building manager and the architect were avid photographers and huge fans of….wait for it….Joe McNally (so am I…hell, who isn’t?).

Well, it turns out that my appearance with Joe in the Nikon Lighting DVD was enough reflected glory that they warmed up to me as well (although they both kept citing the part of the outtake reel where I’m sitting in a wedding dress, posing for Joe, and laughing, but that’s another blog post).

As dusk fell, it was obvious that the capitol dome was not going to be lighted, so Bernardo and I asked our hosts if we could swing the lighthouse fresnel around, and throw some light on it. They looked at each other for a moment, and said let’s do it, and voila! The dome was lit.

We could only do it for a minute or two, as nothing was pre-arranged with the government and we could all end up in jail for targeting the capitol, even with a spotlight. But that was all it took. Below is a view of the unlit capitol, as well as the beautiful lighthouse atop the Barolo building.

Photo © Bob Krist

Photo © Bob Krist

———————————————————–

Which all goes to show you that it’s good to have famous friends when you’re in high places!

]]> http://www.bobkrist.com/blog/friends-in-high-places/feed/ 25 http://www.bobkrist.com/blog/no-truer-words/ http://www.bobkrist.com/blog/no-truer-words/#comments Tue, 11 May 2010 12:08:02 +0000 Bob http://www.bobkrist.com/blog/?p=4389

Photo © David Kay

You don’t often think of the U.S. government when you think of wise persons with perspective, experience, and fundamental good taste. And yet, I know just such a guy, who did Herculean work on behalf of all of us while in the employ of Uncle Sam.

David Kay was a weapons inspector for the UN, and is a very very good photographer. He spoke truth to power during the runup to the Iraq invasion, and since then, he’s retired and taken a seminar or two with me. Honestly, I’ve wanted to pick his brain (he knows what really went on in Iraq and a lot of other places) more than he’s wanted to pick mine (the longer I do photography, the less I know about it).

In fact, I linked to his blog, Trust Your Cape, ages ago.

Anyway, I was reading his always-interesting observations the other day and came across the following passage, which is just about the most cogent sum-up of our current photographic situation as I’ve come across:

Remember the days of Kodachrome 25 or 64 when the shot you took was the shot you got. Sure you could add filters and make variations in EV, but in the end the image that was on the piece of film was the image you were left with. Not today! We are rich in possibilities, have a poverty of time and, perhaps most frightening of all, dependent upon our own visual judgment and tastes.

Damn, if that doesn’t about say it all. I’m glad David is enjoying his photography these days, but I wish he were back in the trenches on our side, because we need guys with his brains and perspective watching our backs (and our fronts) if we’re going to make it through the 21st century…..