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 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 »

February 22, 2010 by pmelcher.

      Tired of Orphan works endless discussion ? Fed up about Microstrock, Getty and Google treating photography as a garbage dump ? Bored of reading self-proclaimed photo gurus telling you that “posterity is right around the corner “? Tired of spending gazillions hard earned dollars ( or pesos, or Euros, or Krons ?) on far away workshop with cynical and decadent reporters who need a new camera and couldn’t give a crap what your name is ? Or are you just loosing your eyesight on another overpriced piece of software supposedly made to enhance your workflow but actually puts you that much further from delivering your images on time ?

Well, if you have a Facebook account ( which, by the way, you should by now), head of to “L’apero du premier Jeudi du mois“. Apparently created by a group of French photographers who just like to have fun, and a drink, once a month  ( on the first Thursday of the month) , it is becoming the place to hang out. Why ? because they have just launched their first photo contest.And unlike PDN or other self righteous photo publication, it is free and fun.

Here are, in a nutshell, the rules.  5 images, coherent, on one topic, which is a pun in French : ” Aperitif: Contact Glasses” . You know, in France, when they go out for drinks, before dinner, they have a beer, or a Kir, or a Ricard, and they wish each other a good health ( “as ta sante”, or “a la votre”) before hitting their glasses together and slipping it away. A good way to push away a bad day and a great way to start an evening. The short photo essay for the contest that runs from March 1 to May 5, should illustrate that.  Simple enough ?

The prizes ? O yes, of course, this is what you win ( if you win):

1 prize : a Camenbert

2nd prize: a bottle of Zubrowska

3rd; Pize : a Ricoh camera

The jury ? : everyone. the images will be posted on Facebook and anyone can vote for their favorite . In June, the winner will be announce. So next time you sit down for drinks with your friends after a long boring day and let your thoughts drift into the friendship space, grab a camera and photograph this precious moment . Who knows, you might win a camenbert.

All info ( in French, for now) at the Facebook page here.

Posted in license, IPTC, copyright, magazine, technology, keyword, web 2.0, editorial, finance, slideshow, photojournalism, getty | Print | No Comments »

February 17, 2010 by pmelcher.

Wired magazine, in the trail of others, has partnered with Adobe Air, to display what their publication will look on a E reader. There are a few interesting points here.

First, for the geeks out there, it is interesting to see that Adobe, whose Flash is not supported by Apple’s Ipad, is now pushing Air  as a delivery platform. There will be a battle out there on what application will be running all these E magazines and Adobe is shooting the first salvo.

The second part is that Wired present this as an addition to their print publication, not as a replacement. As much as they are investing in the new technology, they are not ready to drop their print, web, IPhone apps just for that.

The Third, is that besides a format, there is no mention of hardware. It is supposed that this is for an Ipad, but really, it is for any existing or to be invented color tablet  ( sorry Kindle).

What about photography usage? Well, they are some very compelling statements here.

Images are a key element of this evolution. From 360 to immersible, from stop action to galleries, there are many forms of photography shown. Nothing new indeed, but a new usage certainly. Where do you find stock for 360 photography ? nowhere currently. So where will they go ?  Assignment, surely. Are you ready ? There is stock for panoramas images, but will that be enough ? And is the micro stock community going to plunge into this also ?  Probably.

However, the more important element of photography usage here is the option to share it. Either via email or social networks, almost every image can be shared with a click of one button. Now, we all know that editorial pricing has always been about placement, time and geography. What has never been appropriately addressed with web usage is now going to become standard practice for all editorial. Al thought you have  licensed your  image for a week, a month and for a small side usage, next thing you know it’s all over the web, in different format, given away for free to people you have never heard of. And never will.

Sure, you can go the Getty way. Here, pay me $49 and do whatever you want with the image. I would like to see Getty’s executives faces when one of their $49 image goes viral. Ouch. Na..not a good idea. Images should be license based on usage and usage should be tracked per number of clicks. After all, if an article or an image published on Tablet gets shared a lot, it is all in the benefit of the publication, right ? It’s free marketing. Yet, your image has been instrumental to that sharing action, so shouldn’t you be compensated ?

What do you mean you do not know how much click it has seen ? Do you know how much circulation a magazine has ? Yes, ok, well, with a link, it is even easier to track. They want a sharing option on your images, charge them either an additional flat fee, or a fee per clicks. But please, charge something. You are not Getty. You will not get back in volume what you just gave away for free. Never.

So. first thing first: Add to all your invoices  and delivery statement “NO DIGITAL RIGHTS” . If they want web usage or E Readers, then lets negotiate a different fee. Ask if there will be a sharing option . If yes, then add an additional fee. How much? well, that is up to you to decide.

Be proactive. You will be proud you did.

Posted in celebrity, copyright, license, magazine, technology, E Reader, commercial stock, multimedia, newspaper, editorial, getty, Royalty free, transaction, finance, web 2.0, photojournalism, Microstock | Print | No Comments »

February 3, 2010 by pmelcher.

It’s not photography that is sick and dying, it’s the people that handle it. Sure, there has been dramatic bankruptcies, like Grazia Neri , l’ Oeil Public and now Eyedea Press ( that one was a long time coming). On the other hand, there more than a billion of images on Flickr, more on Photobucket, and Facebook. There has never been so many cameras in the streets and so many people interested in photography. With the Internet, there has never been such a demand, and need for images. Smartphones, Ipad, tablets, netbooks, are only increasing the demand for stills.

Yet, pro photographer can’t seem to make a living anymore, while photo editors have either no budget or are being laid off by buckets. So what is wrong ? Well, for one, it’s those who manage photography that are sick. None of the old and current guard have any idea how to take advantage of this Tsunami of demand. It’s leaking from all over the place. The only made with Flickr was when the original founders sold it to Yahoo. Since, it’s been bleeding cash. Instead of creating tools to allow members to license it, they passed it on to Getty Images to try and squeeze some money juice out of it. It could take decades, if not century for Yahoo to see a return on investment using this route.

While magazines are dying a slow and painful circulation death, there online counterpart have yet to be succesful in generate the same revenue as they used too . Why, because they keep on trying to replicate online what has been a success in print. The fact that its not working doesn’t seem to bother them. They keep on trying.

Photographers still shoot the same thing, the same way, for a clientele that is shrinking, both in size and resources. They desperately cling to old formulas that they hope will resurface some day. Not going to happen. And finally, photo agencies try to hang on the slippery slop of declining revenue by agreeing to cut fees in the hopes there is a trampoline at the bottom of the hill. Not there.

Everyone is playing the waiting game, hoping that some savior will find the magic solution. In the mean time, they are all guilty of killing photography by undervaluing it. It’s has become a commodity, some say. Other offer ridiculous subscription model, feeling comfort in the fact that mass production Getty does it. All whine all day, all night, all the time.

Stop whining. Do . Try. fail. Try again. fail again. Who cares? You will make progress. And if you are lucky ( or smart), it will work. Better than you had ever expected. It’s not obvious. But the market is there. The current model doesn’t work, we can all agree on that. So, try new ones. Take advice from no one. Just do. It will hurt, it will be frustrating, it will be exhausting, it will feel incredibly useless, it will not work. But it’s so much better than whining all the time. Stop waiting for something to happen. Take control.

Posted in license, multimedia, prosumer, copyright, magazine, commercial stock, technology, focus, flickr, photojournalism, news, getty, Royalty free, editorial, transaction, slideshow, finance, Microstock | Print | 1 Comment »

February 2, 2010 by pmelcher.

Well, not exactly. The Investment firm MSD managed by Michael Dell, the founder of the famous computers, has acquires 185,000 prints from the Magnum collection. The sum? undisclosed. But it is rumored to be the largest photo transaction in history. The terms, also unclear. Magnum retains the copyright and the  licensing rights.

So what did the MSD acquire ? Well, probably just that : 185,00 prints ranging from the the 1930’s to 1998. The prints will reside for now in Austin, Texas, Harry Ransom Center for 5 years. After that, nothing is known.It is certainly a well thought out coup for Magnum which has been struggling with financial issues for decades and avoided multiple acquisition schemes launched by the Corbis and Getty’s .

This will give them a financial security to continue to operate independently for a long while without losing their cherished independence.It is also great news for photography lovers. Not only Magnum escapes the claw of the greedy corporates and their notorious incompetence but there is a good chance this collection will travel across the world for viewing by even more people.

Finally, since Magnum is a co op, there is a very good chance the photographers themselves retain the majority of this financial downfall and they really, really deserve it.

PS : estimates put the deal at $100 Million. That is about $500.00 per print. Is that a good deal ?

More here  at Bloomberg news 

Posted in photojournalism, copyright, Magnum, finance, transaction, corbis, editorial, getty | Print | No Comments »

December 8, 2009 by pmelcher.

The other day we wrote a post about the Plus Coalition. Besides being bombarded by emails from someone who would like to remain anonymous and seeing a post on another blog defending it , there was no reaction to it. It wasn’t a big surprise. If you add those who have never heard about it to those who do not understand what it does and how it works, there is not much people left. Sure, there are the few board members, that include some crooks, who could be more vocal about it, but hey, what’s the point ? It is not going to become the standard for licensing anytime soon.

However, one can see the underlying scheme surfacing a little more. After making an exclusive deal with Picscout for image recognition without even asking for bidding from other image matching technologies, it is now encompassing, slowly, the Creative Common. After all, even free is a license, isn’t it ? And Plus will still make money, as it will still charge a fee to access images in its Registry. The question is why would someone bother to attach a license that they are offering for free, but that is another issue.

Now, the CEO of Creative Common is joining Pic scout as a consultant. The strangling triangle is now fully closed. PLUS/Picscout/CreativeCommon. Everywhere you look, you will be forced to deal with one of the three who will certainly refer one to the other. What will professional photography licensors will gain from this ? Not much besides being forced to pay to play by parasite companies.

On the same topic, I had the great surprise to see that in the video/space, Copyright infringement and rights was moving into the right direction. Probably unknown by many people, YouTube, who has been in the forefront of copyright issues, has come up with a very interesting solution. Call Audio ID or Video ID, this service allows for copyright owners to upload their content so that the automated matching system can compare any other upload to that library. The result ? If someone attempts to upload a video, or a audio linked to a video with our proper clearance, Youtube automatically blocks it. The fee ? Free. The result ? Youtube can now safely add advertising to videos without worrying about copyright issues and Copyright owners do not need to monitor Youtube all day long.

If Plus had been a little bit smarter and less greedy, they would have done the same. Instead of forcing users to do a search on a private registry to check for licenses, their database could continually scan the internet. If someone uploads an image to a site without the appropriate license, a red flag would come up. Since the Plus system does not currently handle location of usage, this is currently impossible to do. Furthermore, it would entail that Plus would not make any money, which is also an absolute no no for them. It is too bad, because with a similar system, a user who would try to upload an image for a site without the proper license would immediately and automatically prompted to contact the copyright owner. It would finally make stealing almost impossible and licensing much much easier.

The beauty of such a system is that it would NOT require a central database. Ones image database could easily work as a registry. The image would call back “home” and check for license information.

However, Plus like other registries, coming or already in place,   is just another business and another reason to suck up pennies from copyright holders. Sure, there are cost but then, why not create a subscription model instead ?

Needless to say, there is still a long way to make images more intelligent and simplify seller and buyers’ life. In the mean time we will have to cautiously navigate the treacherous waters of scammers and potion sellers.

More on Youtbe content ID here

Posted in license, copyright, Plus, technology, Search, IPTC, transaction, finance, web 2.0, law | Print | No Comments »

December 3, 2009 by pmelcher.

It said that if you give a typewriter to a monkey and a lot of time, eventually he will write a Shakespearean play. So what happens when you give a camera. Will you ever get a Cartier-Bresson book ? A 33 year old Orangutan named Nonja who lives in a zoo in Austria has been given a camera this Tuesday and has since been snapping happily.

“Nonja takes photographs with a Samsung ST1000 digital camera which connects directly to her Facebook album via wi-fi - when she presses the shutter button the photo is uploaded. The camera has a protective cover to protect against  chewing.” says The Age.com. She  has already accumulated more than 2,000 fans since she has started her Facebook page this Tuesday.Every time she snaps a picture, she also gets a raisin, which is more than most human photographers get.

So what next? Will Getty make her sign an exclusive contract ( isn’t it what Getty thinks of its photographers already )? Or will Corbis buy the entire Zoo and merge it with Veer and announce, once again, that profitability is right around the corner? Will microstockers go up in arms in saying this is unfair competition and request raisins too ? Or will they also start chewing their cameras? Will PDN make a cover story on her and will Nikon endorse her? Will she start her own photo agency and slashes prices to one raisin per image ? Will Getty be able to follow such a price ?

Regardless, Nonja will keep on taking pictures and posting them on facebook .

Posted in celebrity, focus, technology, copyright, web 2.0, corbis, slideshow, getty | Print | 3 Comments »

November 4, 2009 by pmelcher.

How useless is your photo association? ASMP, PACA, NANP and others have been denied a voice in the Google book settlement . Why ? because they requested to be part of the class action suit much, much too late. According to court documents, the litigation regarding Google’s attempt to scan any and all books in existence had started back in September 2005 and these associations just recently requested to be a part of it.

The court probably felt that  the sudden arrival of photo association was more due to the agreed settlement ( or rather, the smell of money) rather than a real concerned about copyright issue.

So, next time you prepare to pay your dues, or you see your image used by Google, for free, thing twice.

full court document here: Photo Association Google Books

Posted in google, copyright, web 2.0, PACA, law, news | Print | No Comments »

October 15, 2009 by pmelcher.

We hadn’t heard from the PLUS coalition for a while. This loose organization of visual professional who has been tediously trying to create a standard for licensing has suddenly burst out of its silence with two important announcements:

1) The ASMP has dug into its $1,3 Million  fund it had received last year ( we hadn’t not heard of that for a while too) to retrieve $150,000 as a generous gift to PLUS. This adds up to the $85,000 ASMP had already given to the coalition. This probably makes the ASMP the biggest provider of funds to PLUS by far (usually, organizations donate around $25,000). The question is why is the ASMP so interested in PLUS as opposed to fighting Google and its book scanning initiative ? PLUS has made no headway in the last few years and although everyone agrees it could become a useful tool, it has yet to be adopted and put in practice anywhere. It is also quite evident, although never clearly announced, that the PLUS business model is to create a licensing registry that would charge for its usage.  For pennies, indeed, but with billions of licenses happening online worldwide, it can quickly becomes a huge cash cow. Maybe ASMP sees this as a long term investment.

Also, with such a heavy donor, will PLUS feel the pressure to satisfy their needs (those of ASMP)  rather than those of publishers. After all, like in politics, those who have put more in usually see the benefits first.

2) PLUS has chosen Picscout as the exclusive provider of image recognition services to the PLUS Registry . That resembles the deal that PLUS had made with ImageSpan a while back. How does a coalition that is supposed to create a standard make exclusive arrangements with private companies ? It is a bit like the IPTC deciding that the only tool for reading metadata should be made by Adobe ? Image tracking is still in its infancy but yet PLUS has decided that Picscout is not only the best, but the only one? There are companies currently working on similar, if not better solutions that I really doubt PLUS has even approached. What is behind this deal that we are not told about ?

Picscout has recently announced its  Image IRC, which is an image registry who does not to want to say its real name, and has now combine forces with PLUS, another image registry in the making, for more fire power. Both will split the huge potential revenue for access to their overgrowing databases. What will happen soon is that image creators and copyright holders will soon be held captive by these organizations that will become the forced middle man for every licensing transaction.

With investors with mysterious agendas, strange relationships ( Creative Commons), Exclusive agreements ( ImageSpan and now Picscout), it is behaving more like a secret society that keeps its operations in the shade while putting little effort in the wide spread acceptances of its offerings. Not very social.

Posted in license, copyright, Plus, technology, IPTC, google, transaction, finance, photoshop, law | Print | No Comments »