March 16, 2010 by pmelcher.

Action Alert from the Copyright Alliance

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 impact 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. To read the entire call for comments, click here. 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 P.S. If you received this email from a friend, and you are interested in receiving more information about how you can speak up for your rights, sign up for our network of Copyright Advocates.

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

February 24, 2010 by pmelcher.

I know of flowers that raise below the snow to become the freshest , most beautiful of the upcoming spring. I know of others that couldn’t care less about the quality of the soil they grow from, as long as they have sunshine water.

In photography,  they are equivalents. LUZ photo agency, created from the rumbles of the defunct Grazia Neri, is a great example. If you live, work, or just pass through Italy, you are very lucky, as you will certainly will see some of the incredible images they have to offer.

“This is Madness !!”, you might say. In a middle of a recession, where pricing has never been so close to the ground and magazines so recessive,  to offer high quality reportage photography . It’s like jumping off the roof of a skyscraper. Sure. But that is the thinking of the corpocrates and other “9-to-5″ ‘ers that have polluted our landscape with their excel mindset. Luz ( Spanish for “light”) is what Grazia Neri used to be, an act of love. A company created with passion for passion. Like love, it doesn’t make any sense, it’s highly emotional and has a craving for more.

With such representation as Noor, Ed Kashi, or Jim West among many others, it has the firepower to hit right through the walls of convention and blast open many multi page spreads for the pure benefit of amazed readers. It will also certainly amaze us with its technological advance in a short while, as it is staffed with some of the best, and most intelligent minds in our industry.

L’Chaim Luz !! To Life !!

Posted in magazine, technology, license, multimedia, slideshow, photojournalism, editorial | Print | 2 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 16, 2010 by pmelcher.

Fed up of the pseudo intellectualism of most photojournalism awards ? Then go see the winners of the WHNPA “Eyes of History 2010″. Those Guys/Gals are stuck, most of the time, with a very restrictive subject ( aka, POTUS) and yet perform some of the highest form of photography. Furthermore, when you unleash them into a different subject, they eat them up with a passion rarely seen, putting at work what they have taught themselves so well in the confinement of the White House.

A lot of great photography, mostly unseen, from some of the lesser known, and yet probably more talented photojournalists in the world.

 A lot of NPR photographers here ( NPR is the US’s public radio, funded by tax and people’s money). A good example that “public” journalism can be of extremely high quality. If you see only one winning gallery, I urge you to see David Gilkey’s Portfolio ( winner of third place in Portfolio). It’s very Don McCullin with a refreshing twist.

Finally, the World Press Awards should take many lessons: The winners slide shows are big and very visible,  yes, they have a multimedia category and the result, although about politics, are not so politically charged.

Posted in multimedia, magazine, technology, newspaper, photojournalism, editorial, slideshow, news | Print | No Comments »

February 13, 2010 by pmelcher.

So it’s start…Interview magazine, created by Andy Warhol, is currently showcasing what their magazine will look on the iPad. It is mostly a scan version of the magazine with a few added artifacts ( video, share, etc). Use of photogrpahy is still very flat, yet certainly more interactive than a print edition.

 Does it make want to by an IPad? no. Does it make me want to get Interview for the Ipad ? no. But it is certainly a plus. This type of exercise is exactly what  what the publishing, and the photo industry needs. It will make Art directors, as well as photographers, rethink what can be done with the still image, as well as video, sound and imaginative layouts. It will also probably break forever the frequency of publishing, currently segmented in daily, weekly, monthly etc, forcing publishers to adopt a more casual approach.

Hopefully this will trigger a  healthy competition in the publishing world with the result of more and more inventive usage.

Now that the tools are present and becoming affordable, it is time for to the creative communauty to start doing what it does best : Be creative. The foot is on the pedal, let’s accelerate.

Posted in technology, E Reader, magazine, multimedia, slideshow, editorial | Print | No Comments »