Archive for the Copyright Category

2010: Remember to Reset Your Copyright Date

Posted in Copyright, Photography with tags , , , on December 30, 2009 by Rikk Flohr

 

Basalisk at Cano Negro

With 2010 looming around the corner, it is time to think about those things that photographers should be doing in advance of the coming year.

1. If you have your copyright date imbedded in your Creator’s Name Field (see link), it is time to change it.

2. Check your Camera’s time stamp. Do your multiple camera’s match up well enough to keep your images in sync?

3. Is the copyright in your DAM software updated?  Do your metadata templates reflect the right date?

4. How about that website. Does it say © 2009 still? If so, it is time to think about updating it.

5. What about your accounting software? Are you prepared for the change of year? Have you closed 2009 out?

6. Record the mileage on any of your Photo-related vehicles!

Just a few simple items to check before you bring yourself  into the new decade. Wishing you a banner 2010!

Rikk Flohr © 2009 (for now)

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Interview with Rikk at Indezine Magazine

Posted in Copyright, Photography, Presenting with tags , , , , on November 10, 2009 by Rikk Flohr

Geetesh Bajaj recently interviewed me on the subject of Photography, Presentations and Copyright issues. Geetesh is a Microsoft MVP for PowerPoint ™ and writes regularly in his on-line magazine: Indezine.

You can read the full  interview here.

Rikk Flohr

Whose Picture is it Anyway?

Posted in Copyright with tags , on August 18, 2009 by Rikk Flohr

Sometimes passing the camera around creates a sticky copyright situation.

Submitted for your approval, the following photography containing the author of this blog and his photographic idol/mentor, Jim Brandenburg.

Rikk Flohr and Jim Brandenburg

Jim Brandenburg and Rikk Flohr
Photo Credit: Heidi Mae Niska 

The shot above was taken at the TCACCC 2008 Spring Break event where Jim Brandenburg presented to over 300 photographers.  The shot was taken with my camera by Jim’s assistant Heidi Mae.  She was kind enough to snap the photo of me with my photo-mentor after the presentation.

My Canons are all programmed to fill in my copyright notice upon capture. Dutifully, my 20D filled in a © Rikk Flohr. Upon extraction from the camera, a more complete copyright was filled in by Lightroom.

Lightroom Copyright Notice Here’s the rub. I didn’t take the picture! Heidi Mae did-with my camera-which automatically applied a notice. So, whose picture is it anyway?

I am not a copyright attorney but I am guessing that it is not quite clear. Was Heidi my agent in shooting the image? Was she a de facto work-for-hire photographer? Is the image mine because I have claimed the ownership or is it Heidi’s by virtue of having snapped the shutter? Sticky wicket, to say the least.

How many of us pass our cameras around and allow others to take photographs-never realizing that we may not own those images? Heidi’s or mine? She gets the photo-credit for sure. I get the pleasure of having the image. The copyright? Who knows?

Opinions?

Rikk Flohr © 2009

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I couldn’t help noticing, but you are carrying metadata…

Posted in Copyright, Image Editing, Opinions and Musings, Photography, Software to watch with tags , , , on June 18, 2009 by Rikk Flohr

File this under the “I’m not quite sure how I feel about this” category.

I read an article on a new functionality that is cropping up on the world wide web.  It’s appearance was innocuous enough but, upon sufficient reflection, including furrowed brows and a look of stern consternation, I have decided it bothers me.

Scenario:

You see a wonderful picture on Flickr. You admire what the photographer has done with the image and wonder at the hidden secrets of image editing that have occurred to produce this image.  You look a little farther and see that the photographer has included his or her metadata in the exported file. You take that photo’s link and place it in the dialog at http://lrpreset.appspot.com/ and wait for the magic to happen.

Screen Grab of the Flickr Preset Extracter

If all goes as planned, a Lightroom preset will be created that will attempt to duplicate the steps that went into the processing of this photographer’s RAW file based upon the metadata.  You can download this preset to your local computer. Presumably, you could take this preset into Lightroom and use it to edit your own files and potentially mimic the look-and-feel of the original image.

To be fair, you do have the option of not exporting metadata on your Lightroom-created JPGs. You also have the option not to display metadata in Flickr.  So, there are two stops along the way to prevent someone from borrowing your editing techniques and applying them effortlessly to thousands of images.  Also, editing done outside of Lightroom is not necessarily available to the process.  I guess if you want to include the data and make it visible for all, it is like leaving your wireless router’s SSID broadcasting and unsecure. You are inviting people in by indifference.

First, I thought it was cool. Wow, how amazing is that that you can grab someone’s editing workflow and apply it?

Second, I thought it was lame. Every image is different. How useful can it be?

Third, I thought it was scary. Yes every image is different but there are certain techniques I have developed and use repeatedly. I don’t necessarily want to dilute my brand by advertising my process.

Fourth, I thought it might be illegal. Is the editing process – individual style – if you will, copyrightable?

I am still not certain how I feel about the automated borrowing of image editing workflow. One side says, what’s the harm? and the other side says, intellectual property. As image editing software becomes more sophisticated and puts in things like snapshots and other housekeeping items, how long will it be before our entire processes could be laid bare to probing eyes?

Perhaps I will set up a dummy Flickr account and test the usefulness and/or harmlessness of this process.

What do you think?

Rikk Flohr © 2009

Flesh and Copyright

Posted in Copyright, Opinions and Musings with tags , , on May 7, 2009 by Rikk Flohr

I  am always pleasantly surprised when I get a call from a Wal-Mart Photo Department or some other store that makes prints, asking me if the person standing before them has permission to reproduce a photo. It wasn’t always like that.  Stores which print photos are increasingly aware of reproducing professional work without permission and are increasingly checking the copyright notice imbedded in the metadata and contacting me.

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I am flattered that they recognize my work as professional. It is even more fun when I have provided a release to the user to reproduce the image and they get to use it. I think the most fun I have is when I am actually printing one of my own pictures and the well-meaning clerk asks me if I have permission to reproduce the image.

“I don’t need permission,” I reply rather wryly.  I stare at their quizzical gaze as they wonder about an impending confrontation. Then I add with a mischievous grin. “I am the photographer. It isn’t necessary to grant myself permission.” One clerk did argue with me and asked me to prove I was the photographer. It took out my driver’s license, a business card and then showed her the copyright notice on the photo. Even though the second two items are easily faked, she printed the images without a fuss.

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Last week, I received a thank you email from my niece for allowing her to use the butterfly photo show at the beginning of the article as a model for her new tattoo shown above. She had dutifully asked permission prior to getting her tattoo, showing a reasonable amount of respect for intellectual property in the process. In addition, the tattoo artist insisted upon permission before proceeding which I found encouraging.

I still am not certain about how I feel about having my art immortalized in flesh. Tattoos really aren’t my thing-but a lot of people seem to like them. It is nice to know that people find my art worthy of reproduction and that reproduction artists find my property of value to seek my permission in its reproduction.

As it is, there is no skin off of my back, so to speak…

Rikk Flohr –  © 2009