March 27, 2010 by pmelcher.

One morning you wake up, and it’s facing you.  Everything that you took for granted and made your life so comfortable is suddenly gone. Probably forever. Welcome to the economy of fear.

What use to be a cozy job, where every day brought you  a new batch of interesting challenges, has now become days of uncertainty and doubt. From photo editors who are not sure how long they will keep their jobs, to staff newspaper photojournalists who could be shooting their last images, everyone is living in fear.

In the last decade, the photo industry has pivoted from an economy of wealth and abundance to an economy of fear. It is not so much about talent, creativity or effectiveness anymore, as it is about who can scare the other into submission.

Pricing for example, is not based on usage, or talent, or even level of professionalism anymore. It is based on the fear that someone else could price it lower and thus take the sale.  Whether assignment or stock, images are priced on how high it can go before loosing the job to the competition . And these days, that is not high. Photo editors negotiate with the “I can get it cheaper” stick in one hand, forcing photographers, or agencies, into fearful submission. There is little conversation about quality anymore.

It is not just about pricing, however. The fear factor enters all level of conversations. Companies like Getty approach and retain photographers also on fear. If you do not work with Getty, they claim, your images will never be published. If you work for a competing agency, you will never work for Getty, and so on. A bit like Wal-Mart ” how to handle a supplier” handbook of  “we own the market, we own you”. Some suppliers of Wal Mart, by the way, have been forced into bankruptcy, because they were forced into unsustainable low pricing.

It’s the fear of the other. Stock shooters fear the ever growing crowd of microstockers, Photo agencies fear other photo agencies ,wedding photographer fear other low cost wedding photographers, Photo editors fear their bosses, and publishers fear the future.

On top of that, everyone ( well almost) fear the passing of the Orphan Works bill, the Electronic Frontier Foundation, the Government, new technology and in some cases, even their car.

Recently, an image matching company released a report saying that 8 out of 10 images appearing on commercial Web sites are being used “non-legitimately”, offering their service as a solution.  Fear as a selling strategy. If I scare you enough, will you buy my product ?

When the future is uncertain, like it currently is  in the photo world and elsewhere, it is natural  to be worried and scared. No one can seriously say today that they know for sure where will they will be in 5 years from now. However, for companies, or individuals, to capitalize on that fear, to use is as a primary bargaining tool is despicable. It is like pushing down on the head of a drowning person with the promise of saving them. A false promise.

Photography does not live well under fear. Creativity gets lost and conformity becomes the norm. Snake charmers invade the land with their make-believe magic potions, orators take to the podiums to agitate  more fear and offer their security blankets ( for a fee). Opportunists see opportunities to make deals that defy reason as they know how fear is a powerful logic sedative.

We are going to see a lot of decisions driven by fear this year and next, mostly creating poor results.  A lot of people jumping to the cliff in order to avoid the fire. But mostly, we will see a lot of fear smellers take advantage of the situation.

Posted in license, technology, commercial stock, E Reader, newspaper, prosumer, getty, transaction, finance, photojournalism, Microstock | Print | 2 Comments »

March 16, 2010 by pmelcher.

Dear Copyright Advocates,

The Obama Administration is asking to hear from YOU, the creative backbone of our country, about how intellectual property infringement affects YOUR livelihood. The Administration is also seeking advice on what the government could be doing to better protect the rights of artists and creators in our country.

  HERE’S A CHANCE FOR YOU TO BE HEARD!

BACKGROUND:

Last year President Obama appointed and the U.S. Senate confirmed Victoria Espinel to be the first U.S. Intellectual Property Enforcement Coordinator. Her job is “to help protect the creativity of the American public” by coordinating with all the federal agencies that fight the infringement of intellectual property, which includes creating and selling counterfeit goods; pirating video games, music, and books; and infringing upon the many other creative works that are produced by artists in this country.

As you know, the unauthorized copying, sale, and distribution of artists’ intellectual property directly impacts the ability of artists and creators to control the use of their own creativity, not to mention their ability to receive income they have earned from their labor. This impacts U.S. employment and the economy, and our ability to globally compete.

As required by an Act of Congress (The PRO‐IP Act of 2008), Ms. Espinel and her White House team are preparing a Joint Strategic Plan that will include YOUR FEEDBACK on the costs and risks that intellectual property infringement has on the American public.

Here’s how to make yourself heard!

1. Send an email to Ms. Espinel and the Obama Administration: intellectualproperty@omb.eop.gov and copy the Copyright Alliance on your email: info@copyrightalliance.org

2. Begin your letter with “The Copyright Alliance has informed me of this welcome invitation from the Obama Administration to share my thoughts on my rights as a creator.”

3. Include in your email: your story, why intellectual property rights are important to you, how piracy and infringement affect you, and what the U.S. government can do to better protect the rights of creative Americans.

4. Also include in your email: your name, city, state, and what type of artist you are 5. DO NOT include any personal or private information as all comments will be posted publically

on the White House website. All comments must be submitted by Wednesday, March 24 by 5:00 p.m. EST.

Don’t be shy! Take two minutes today to make your voice heard, and don’t forget to spread the word to everyone you know. Forward this notice using this short URL ‐ http://bit.ly/cjDZJt ‐ by email, MySpace, Facebook, Twitter, and more!

Best,

Lucinda Dugger

Posted in license, copyright, technology, google, web 2.0, news, law, Uncategorized | Print | No Comments »

March 12, 2010 by pmelcher.

A thousand words ? Make that 10 million US dollars. Apparently, there is lots of money to be made in the photo industry. Chief CEO founder and master of all photos in the world Jonathan Klein has just bought, for himself and his wife, a  10 rooms, full floor residence at 760 Park Avenue, in the heart of New York city. That sounds like Seattle might not be the center of the Getty universe anymore.

New York magazine describes the living space as  : “A private elevator landing leads to an expansive center gallery. The open floor plan allows guests to flow between the library, oversized living room, and dining room while enjoying eastern light from forty feet of frontage on Park Avenue making it a perfect layout for entertaining. Three well proportioned bedrooms are accessed via a private hallway off the entrance gallery. Originally two bedrooms, the expanded master bedroom with wood burning fireplace and his and her dressing rooms and baths, sits on the corner of 72nd and Park Avenue. A recently renovated eat-in-kitchen with den and maid’s room complete this gracious layout.”

You can see pictures of the inside of the apartment here( probably not for long) as well as read about his neighbors here.

If you are a Getty photographer, you can now be proud to know that every time you get a sales statement with a few dollars on it, you have happily contributed to helping your boss finally find a cozy little “Pied a terre”. If you are not, then now you know where the money for day rates and licensing fees have gone to.

Posted in finance, transaction, editorial, getty | Print | 3 Comments »

March 10, 2010 by pmelcher.

Photography has a long way to go..Compared to other digitized creative forms, like music, it is light years behind. And, for once, that could be a good thing. Like the youngest brother of a family, it can learned from it’s elders. For once, it has not yet been touch at full impact by the whole free file sharing tsunami that hit music a while back. Certainly the dams are leaking and breaking, but we are no where near what the music industry has experience.

Unlike the music industry, the photo industry is not that organized. It has a myriad of little associations biting at each other, with little or no resources, it is deeply fragmented in small to very small businesses and it has no support from giant manufacturers. But this is not the point of this entry.

The story of David Cope, very well explained in this article  (careful, it is long) is a great example of things to come. In a nutshell, for those that are too busy, it explains how this music composer, rather than writing music himself,teach his computer how to do it. At first he experimented in replicating styles of well known composers. At first, with little successes, as he had forgotten to add their flaws ( or styles). But when he go it right, it turned into one of these Shakespearean monkeys ( you know, the ones you put in a cage with a typewriter). This was not enough for him, so he proceeded in developing one that could compose complete originals pieces of music. That is where he reached a new milestone. The result was so good that many music critics loved it. That was before they knew it was a machine that had composed it, and not a human being. Than the rhetoric changed and David Cope is still being cursed at. While he is getting ready to make his work more available, the debates still rages on: Mainly, is art made by a machine still art ?

His point, well taken, is that it doesn’t matter if he uses a pen and paper or programming code to compose, it is still art. The Human being is still behind the creation, he is just using different tools. Photography is still far from being able to be produced by a machine. We have face recognition, sound detection, automated color correction,  highly sophisticated light readers, but none yet really can work together. In theory, they could. And in theory, one could program all the parameters of David Lachapelle’s past work and come out with an almost  perfect suggestion of what his next images will look like . We would still need a human being to set everything up and take the picture.

But let’s take this a step further. In theory, we could give every parameter of a photographer works and produce, in a computer, a CGI image of the next shoot. Completely automated. No need for camera, lights, studio, models, nothing. Everything could be created artificially either by taking existing images and reconfigure them, or simply create new ones. Or, instead of replicating someones style, create a whole new one. Create a picture, or a series of picture, at a touch of a button.

This is coming our way. Faster than we think. If you are worried of the myriads of microstock shooters, just think of what happens when anyone, even without a camera can create stunning images without ever leaving their desks, for a fraction of the cost. Just think about it. Everything you thought you knew bout photography is yet, again, about to change.

( As I was writing this, French newspaper Le Monde published this article about the same issue, but for text journalist.)

Posted in copyright, celebrity, technology, commercial stock, license, web 2.0, editorial, photojournalism, flickr, prosumer, Microstock | Print | 1 Comment »

March 9, 2010 by pmelcher.

Anyone can take a picture…that is the lesson Flickr and Microstock has recently taught us with a “pie in the face” method. It doesn’t take that much skills to create images that could use for licensing by someone else. Much less then painting, writing music, writing ( properly) or any other creative activity. Furthermore, technology has really improved the ease of access. Most images that we see today, even taken by pros, could have never existed 15 years ago because cameras, lenses and everything around it was just not that good. However, as much as photography is becoming more and more accessible, great images remain an act of creative magic. And its a talent, if not a gift.

The same goes for licensing images. Everyone claims they can sell pictures. However, it is not true. let’s take a few example, if you don’t mind. Microstock shooters. Sure they can take equivalent quality pictures as your average traditional RF/RM guy. But can they sell it ? Nope. They have to rely on the savvy tech marketing magicians of microstock sites like Istock or Dreamstime to make that happen. They could start their own microstock site with only their image, priced at even lower than any competition and yet see nothing. Ok..not convinced. Well, let’s jump into photojournalism.  We are all familiar with great images that never get published. Why? Because images do not sell themselves. It’s a tragic myth.

More and more, one can see popping up all over the internet, sites build by young geeky entrepreneur offering to let photographers sell direct and cut the “middleman” or agency. They make people beleive the age old myth “if you build it they will come”.  The more independent photographers create independent selling websites ( not the portfolio kind), the more they dilute and isolate their work.

Why do you think a lot of these database site scream high and loud how many images they contain ( 15 million, 43 million, 5 petratrillion..) ? Because they understand that the promise of a wealth of content is more important to most buyers than quality. They are looking for a solution, not a great image. Something that will fit well and appropriately in that space. They couldn’t care less if it was used before, like they couldn’t care less if their care is mass produced and others have the same model with the same color.

Think selling images in a big database is the solution ? wrong again. You can try, but there is no guarantee. Furthermore, the bigger the collection, the more chance your images have to be ignored . Great IPTC info ? Depends on what you call great: what you put in or what those guys in  Bangalore put in ? Or those so self proclaimed expert? Mmm.

So what is it ? Great marketing ? Sure…but do you know what that is ? and how to achieve it ? Probably not. If you did, you would not be reading this but instead, be enjoying a nice coktail on the porch of your summer house looking at the sunset dip into a deep blue sea.

Admit it. You don’t know. You have no idea how to sell images. It takes talent, like shooting great images. Whether learned or natural, it’s not something most photographer have. Great athletes have agents, great actor have agents, why do you think photographers don’t need any ?

Because building a searchable website with a shopping cart is easy, and cheap ? And that, with a kick-ass SEO strategy will make them millionaires? Well, let’s think of who have succeeded up to now…What? no names come to mind? However, photographers with crappy websites ( or none at all) that are doing very, very well…many.

So, next time someone comes to you with a turn key solution that promises to cut the middle man and make you truly independent, you can beleive them, because that is exactly what it will do for you. And nothing else.

Posted in Search, IPTC, license, magazine, commercial stock, technology, keyword, flickr, editorial, Royalty free, transaction, finance, photojournalism, Microstock | Print | No Comments »

March 5, 2010 by pmelcher.

The Gamma/ Eyedea sinking ship saga continues : 4 companies/ projects have  filed to be considered for the reprisal of the almost defunct Company. French Number one photo agency, ABACA Press, Verdoso Media, Frank Ullman and a pair of ex bosses of Gamma. No Getty ( for once) , No Corbis.

The buying price ? A symbolic 100,000 to 150,00 Euros. Hachette Filipacchi Photo, ex owner of this group of photo agencies, had sold it to its current owners for 600,000 Euros. Not much of a profit here, if you also consider the money invested since, and lost. The main role of the court now is to figure out which of this project is the most viable. Their main focus is to see how many jobs can be saved. Out of the 60 + currently on staff, not more than 30 are expected to stay.

The good news ? There seem to be some interest by French companies to save the group of images and bring it, finally, into the 21st century. Most might be thinking that this move will get them the good favors of the French Government who will them jump in and  pour some welcome cash, or incentives. However, like everything in France, it is going to take a while for the decision to be made.

On a similar note, Retna UK, not to be confused with Retna USA, has sold, again. Now, it is to Photoshot, a agency eating company that seems to buy anything and everything hanging low from the tree. Wonder why they didn’t not bid for Eyedea/Gamma.

It’s Friday, don’t forget to look at images today…

Posted in celebrity, magazine, photojournalism, transaction, law, france, news | Print | No Comments »

March 2, 2010 by pmelcher.

How to iTablet the Ipad ? Microsoft is about to reveal something that could bypass the need to carry yet another big thing just to read magazine, newspapers or surf websites. Called the “Mobile Surface” and only to be shown to employees for now (must be extra beta), it is a small portable box that will project an interactive image on any surface.

Look :

 Of course, there is a lot of questions left. Mainly, will it not crash. However, this technology could be integrated in your cellphone ( the smart kind) and, while keeping the size small, allow for higher viewing real estate.  One will have to see how editing an image on a blue table will work out, or keeping your email private in an airplane.

This is however a very interesting development for E-publishing  ( just think of a 3D video or immersive photography) as well as computing in general. More stuff here

Posted in technology, lens, Newsweek, E Reader, magazine, multimedia, slideshow, photojournalism, web 2.0, newspaper, editorial | Print | 1 Comment »

March 2, 2010 by pmelcher.

You know there is a problem when a company selling you a service treats you with superiority and disdain. Somewhere in the sale cycle, someone hates the fact that they should be at the client service and not the opposite.

Take software solution companies, for example. They usually work in a vacuum creating  some software solution that they decide is very cool and once finished, look around to see if there is a market for it. There’s usually a market for everything. Once they find the market, they approach the “non software” people in a attempt to sell it. Because they usually fall on non technical people who have no clue on how difficult it has been to design and implement what they are trying to sell, they are quickly branded as “idiots”, “retards”, or “useless”. Nevertheless, the software company still needs to make money to cover the costs of creating and maintaining there operation. So they reluctantly continue  selling their product/services to the “incompetent idiots” that are not understanding the genius behind the applications they are buying.

The software companies stay very very close to their software peers in order to compensate and gather as much praises from them. After all, a praises from a peer is so much better than one from your clients. They couldn’t care less what their customers say about their products and what improvement they would like to see, as they see them as inferior that are only there to pay their bills. Like monkeys trying to explain to you how to operate your car. They come to really disdain this relationship whereby they have to take money from “idiots”. All they want is to be recognized as the new Google, get millions in funding and be admired by other programmers.

There is no love in a application creator/client relationship. We have seen it and we still see it in the photo industry. Since going digital, and especially after the billions spend by Yahoo for Flickr, a little flock of software companies, mostly start ups, have knocked on the doors of this market. And reluctantly did so. From database management to image recognition, they have found and develop some interesting tools for this market. However, they disdain the fact that they have to rely on poorly technology educated photo people to make a living.

What are the signs of such companies ? Well, first and foremost, very poor communications skills. Do not return emails or phone calls or take a very, very long time doing so. Would you answer quickly to someone you despise ? They certainly don’t.

Poor or in existent sales team. Usually handled by an entry level person that has absolutely no power. He/she is obviously at the bottom of the pole at this company, and while usually very nice and understanding, a complete waste of time to communicate with.

No training or well thought out documentation. You either get it, like they do, or you are a complete moron that wouldn’t even understand a step by step instruction, so why bother ?

They want you to come to them. Since their creation is so genius, you should be begging to use it, not the opposite.

Finally, and probably the most important, they turn their creation into a “Solution”. Although they have develop an application that they thought was challenging enough to do, they will come to you as if they have found a cure to your problems. They will take the high road and declare: “we are here to save photography”. They take a superior stand to any seasoned professional and explain with a condescending air of ultimate superiority that they know what is wrong with the Photography business and that their software/app/service is THE solution. All like little messiah, they have a greater purpose than selling their companies services. They are here to save you from yourselves.

Let’s be realist. They are all in it to make money. Lots and lots of money. Nothing more and nothing less. They hide there real intention behind a mask of fake benevolence. Most have this annoying unsaid little scheme that if they can corner the market, they can turn around, raise prices, and get a choking stronghold on this universe. In the mean time they rack millions in investors money with this promise.

While technology is certainly a tool for growth, it is also full of the worst snake oil sellers one can ever meet. Their efforts are not as pure as they say. All of them are trying to make a profit , and as large as possible. So next time they ring at your door, think about their business model. How do they intend to get rich on your back. Sure, everyone deserves to be paid. But, is it worth it for your business ?.How tied up will you find yourself if they succeed in cornering the market ? Who will benefit the most ? You, or them ?

Most importantly, if they then do not respond promptly to your emails ( remember, these guys are on their computers/ smartphones 24/7 ), then you know that they could care less about you. And it’s time to move on.

Posted in technology, idee, picturemaxx, gumgum, commercial stock, copyright, license, finance, photoshop, flickr, web 2.0, transaction | Print | No Comments »