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Read the official statement in full below:
Professional Photographers of America and Other Photographic Associations Settle Litigation With Google
Agreement ends four years of litigation over the inclusion of visual works in Google Books
NEW YORK, NY - Professional Photographers of America (PPA) and a group of photographers, visual artists and affiliated associations have reached a settlement with Google in a lawsuit over copyrighted material in Google Books. The parties are pleased to have reached a settlement that benefits everyone and includes funding for the PLUS Coalition, a non-profit organization dedicated to helping rights holders and users communicate clearly and efficiently about rights in works. Further terms of the agreement are confidential.
The agreement resolves a copyright infringement lawsuit filed against Google in April, 2010, bringing to an end more than four years of litigation. It does not involve any admission of liability by Google. As the settlement is between the parties to the litigation, the court is not required to approve its terms. This settlement does not affect Google's current litigation with the Authors Guild or otherwise address the underlying questions in that suit.
The plaintiffs in the case are rights holder associations and individual visual artists. The associational plaintiffs are The American Society of Media Photographers, Inc., Graphic Artists Guild, PACA (Digital Media Licensing Association)., North American Nature Photography Association, Professional Photographers of America, National Press Photographers Association, and American Photographic Artists. The individual plaintiffs are Leif Skoogfors, Al Satterwhite, Morton Beebe, Ed Kashi, John Schmelzer, Simms Taback and Gail Kuenstler Taback Living Trust, Leland Bobbé, John Francis Ficara, and David W. Moser.
The case is American Society of Media Photographers, Inc. et al. v. Google Inc., Case No. 10-CV-02977 (DC) pending in the United States District Court for the Southern District of New York.
About Google Inc. and Associational Parties
Google is a global technology leader focused on improving the ways people connect with information. Google's innovations in web search and advertising have made its website a top Internet property and its brand one of the most recognized in the world.
Professional Photographers of America (PPA) represents more than 27,000 photographers and photographic artists from dozens of specialty areas including portrait, wedding, commercial, advertising and art.
Founded in 1944, The American Society of Media Photographers (ASMP) is the premier trade association for the world's most respected photographers.
The Graphic Artists Guild (GAG) is a national union of graphic artists dedicated to promoting and protecting the social, economic and professional interests of its members and for all graphic artists including, animators, cartoonists, designers, illustrators, and digital artists.
PACA (Digital Media Licensing Association) is a trade association established in 1951 whose members include more than 80 companies representing the world of digital content licensing.
NANPA, the North American Nature Photography Association, is the first and premiere association in North America committed solely to serving the field of nature photography.
Founded in 1946 the National Press Photographers Association (NPPA) is the "voice of visual journalists" promoting and defending the rights of photographers and journalists, including freedom of the press in all its forms.
The American Photographic Artists (APA) is a leading national organization run by and for professional photographers.
Google is a trademark of Google Inc. All other company and product names may be trademarks of the respective companies with which they are associated.
Here's your top 10 blog round-up for the first week of September. HOW IS IT ALREADY SEPTEMBER?! With all due respect to fall, we just aren't ready. So here are some summery posts from the week that was. OK fine, there really isn't a summer theme to them. Whatever. Just enjoy!
FUN: Let's start this thing off with a bang. If you photograph newborns, chances are you've had an... incident. Or dare we say two? Al Ferguson knows a thing or two about that. But seriously, all poo jokes aside, here's a dad getting pooped on. Viewer beware: THERE'S POOP!
SAFETY: Drones are all the rage these days, as questions over their legality continue. But are they any match for a sheep? If you're of the belief that drones are invasive, you're on team sheep. Check the video to find out.
HISTORY: In 1935, heralded photographer Roman Vishniac, a Russian-born Jew, journeyed through Eastern Europe to photograph impoverished Jewish communities. Thanks to a joint effort, Vishniac's extensive work is now available to the public, and ready for some crowd-sourced historical detective work to help restore some family histories.
TRESPASSING: wYou might have read our previous at-length blog posts about how you should avoid using railroads as backdrops. But for one Nebraska volleyball team, the urge was too strong and they wound up halting train traffic for 40 minutes! Seriously guys, stay off live tracks!
LEGAL: Here we go again... more copyright infringement! This time the issue at hand is the "Bing Image Widget", which allows website publishers to embed digital photographers on their sites. Take a look at the suit and see what you think--infringement or not?
PROFILE: We probably had you at the title with this one. When the Corcoran Group real estate needed a photographer for their Live Who You Are campaign, they turned to Leibovitz to show that home is more than just a place where you live. Take a look!
THRILL: Sure, you've seen and done it all, right? Well, have you done some good ol' storm chasin' and photographed yourself a tornado? Didn't think so. Now you can, with Silver Lining Tours. Read up!
ONLINE MARKETING: Finally! Check out this interview with Aaron Hockley, creator of wp-photographers.com, a blog dedicated to helping photographers understand and manage WordPress.
INSPIRATION: Have you heard of the Rifleman's Creed? Well, PetaPixel took a stab at modifying it to fit photographers. What do you think?
TRAVEL: Well-known Icelandic photographer Iurie Belegurschi captured what most of us will never get to see in our lifetimes--a real, live volcanic eruption. Iurie luckily had some air support when Bardarbunga (awesome, awesome name) erupted, but man does that look awesome! Check out these completely rad photos (brace yourselves for the last one) of the eruption from the Ninja Turtle volcano (our nickname, no stealsies). Iurie actually gives photographic tours of Iceland's beautiful countryside, you can check them out on his website and head on out there quick while it's still active!
Aaaand boom goes the dynamite. There you have it! The top posts from around the interwebs. What sorts of photography blogs light up your idea bulb? Let us know on theLoop!
By Mariah Ashley
"If only you could pick your family as easily as you pick your nose. You could fix every issue with a flick of your tissue." - Mariah Ashley
Nancy came in to give us all the details of her wedding a few months before the event. Generally brides are pretty pumped at these meetings and tell us to-the-minute details down to the music the jazz trio is playing for the processional. Irrelevant yes, but we smile and "Oooh " and "Aaah" as any good wedding vendors should.
Not Nancy. Nancy had nothing exciting to report. No extraneous details to share. Nancy was strangely quiet, even hostile. Nancy was negative. "I'm just not your typical bride. I'm not excited about all this wedding stuff. I'm pretty sure the wedding is going to be kind of a mess. I'll just be glad when this is all over!" blurted Nancy.
O...K...? Awkward! We sat there a little stunned and wondered, why on earth would you go through the trouble of planning and paying for a wedding when you have an attitude like that?
Spoiler Alert! Nancy ends up as one of our top three clients of the year. The reluctant bride with a small budget wedding spends $11K and counting on her wedding photographs. Seriously, we need to add some more products because we have run out of things for her to buy.
So what happened between Nancy hating on her own wedding and spending gobs of money on photographs after?
Have you seen the movie Little Miss Sunshine? There's a great scene where Dwayne (the teenage son) gets some upsetting news while on a family road trip. He totally loses it in the back of a VW bus and his step dad has to pull over to the side of the road so Dwayne can have a nutty. Dwayne's mom says, "For better or for worse, we're your family." Too which Dwayne eloquently relies, "No you're not my family okay? I don't want to be your family. I hate you f*#%ing people. I hate you! Divorce? Bankrupt? Suicide? You're f*#%ing losers! You are losers!
The bad news Dwayne receives is his tipping point. He just can't take another second of his family's dysfunctional BS. Nancy and Dwayne are one in the same.
After Nancy's nutty she opened up a little about her own family situation. Divorce, remarriage, tense relationships, absentee parent, etc. Poor kid, no wonder. Her negativity was her defense mechanism. Nancy was setting her expectations REALLY low so as not to be disappointed by her family... again.
Like Nancy, most of our clients think they are the only ones with a crazy family, but the reality is dysfunctional is the new normal. Are you with me? Trust me, I know a thing or two about this. I am completely reduced to my teenage self whenever I am around my family for too long.
Here's a secret about me that only Trish and my husband (and now you) know... my fifteen-year-old self ran away from home three times. The third time was the charm though; I got to spend the night in jail. I had a metal bunk and a non-private privvy. The temperature in the slammer was about 50 degrees and my jailers had confiscated my shoes. I lay there shivering and learning my lesson which was the intention of the coppers after all. I didn't run away again because I realized for better or for worse my family was my family and I really do prefer my bathroom to have walls. But back to Nancy...
I'm happy to report that on the wedding day everyone was on their best behavior. Yes, tension and resentment crashed the party but so did regret and tenderness and we chose to focus on the latter. We got a beautiful photograph of Nancy's mom tenderly helping her get ready, fastening family pearls around her neck. We also got a beautiful shot of Nancy and her father dancing, tears of regret streaming down his cheeks.
I heard an interview on the radio that got me thinking about how Nancy had gone from reluctant bride to becoming one of our top clients. Elizabeth Dunn and Michael Norton authors of Happy Money explained that people are happy to spend their money and happy even long after the purchase when their money is spent on an experience such as a vacation. The part that I found interesting was that photographs play a huge part in enhancing the remembered experience of the vacation and reinforcing the positive feelings about the decision to spend the money. Because you can re-live your memories over and over again through your vacation photos, the memories of the trip often become even sweeter than the actual moments that were experienced. The camera only focuses on the smiles and sunsets and not the hassles and petty squabbles that go along with any trip, so that is what is remembered.
At the end of Little Miss Sunshine, perhaps the most dysfunctional family road trip of all time, the characters end up dancing together in a scene that will make you so uncomfortable you squirm, and laughing so hard you'll cry. That's pretty much what happened at the end of Nancy's wedding too. Everyone was on the dance floor in one big, crazy-flawed, fun-loving family pile dancing their butts off.
A Roman philosopher said of nostalgia, "Things that were hard to bear are sweet to remember." Because we hyper-focused on finding the tender and loving moments behind the bitterness at Nancy's wedding we were able to exceed her expectations and show her something that she may not have been able to see herself but probably felt that day. Although her family is dysfunctional for better or worse they are hers and they undoubtedly love her. What Nancy needed was a vehicle for her nostalgia. She needed a way to look back on the day that had caused her so much grief to plan with fondness and no regret for the money they had spent. Because the photographs reflect a beautiful bride, a couple in love, and a supportive family (with stellar dance moves) Nancy upgraded her album, bought three parent albums and framing for walls.
We've all had wedding clients with family tensions so thick that we want to run and hide. It's easy and natural to want to throw your hands in the air and say, "There's nothing to be done for these people their f*#%ing losers!" Before you do that though, remember that you might just be throwing your future best client out the window. Dig a little deeper, remember your own whacked out family, and see if there isn't a little crack of tenderness to expose in the wall of dysfunction.
Georgia photographer, Judith Ann, was lucky (and talented!) enough to earn a merit on her first time entering PPA photographic competition. In this guest blog, she shares the funny story behind her merit image and an afterword with her thoughts following the International Photographic Competition (IPC).
Dog Gone, I Received a
By Judith Ann
A lack of communication and poor note taking almost cost me a very important session last year. I'll tell you upfront, the good news is everything turned out better than planned. Pardon the puns, but it caused me to dig deeper into my artsy side when I realized I had been barking up the wrong tree for most of my morning.
The day started off like a typical morning at my studio, beginning with a review of appointments, ordering sessions and events to help my day flow smoothly for the next eight hours. I have always prided myself on my ability to plan and custom fit each client's session based on their requests. This particular time, my daily calendar informed me I had a pet session scheduled for 10 a.m. My assistant had booked the appointment the day before and the details were sparse. So bright and early I got my chain rattled and had to react quickly to this situation.
The notes said, "English Bulldog/pet picture" and being comfortable with dogs I believed for a hot minute that this would be an easy session--that is until I got up from the computer and started walking to my shoot room. My assistant appeared suddenly and filled in the details about my soon-to-arrive client. The client recently added a "man room" to her home--thus the need for the bulldog portrait for the wall.
"Really?" I asked excitedly. Then she said the portrait was to be based upon the poker playing dogs. I stopped walking.
"Huh? What are poker playing dogs?"
My assistant gave me the look that only the younger generation can give as if to You gotta be kidding me! Have you been living in the dark ages! "Like, they're everywhere" she said, "I'll show you."
I must have had the dumbest look on my face realizing I was totally unprepared for this session while I stared into a computer screen to see bulldogs playing cards, smoking cigars and looking generally illegal.
"How old is her dog?" I asked.
"I believe it's a puppy."
What da' what?
Soon after I heard a car door close and a barking dog headed my way--my moment of truth had arrived. The only thing I had going for me was the fact that this client was a regular customer who trusted me with her family portraits for years, at least up until this point. The studio door cracked opened and the tip of a furry nose nuzzled through and the wrinkly bulldog puppy came barking, jumping and running straight into my lobby.
I stood there dazed and confused and in my squirreliest voice said, "Hi Jennifer!"
Jennifer gave me a curious smile and said, "What's up?"
"I just realized I don't have a deck of cards," I said. "Would you mind leaving your puppy with me and running over to the store to get a pack while I get the lights set?"
Ha! lights set? How about trying to pull off the fastest-built set in 15 minutes flat?
She agreed and when I heard her car start up I sprang into action. The puppy was left to run around the lobby while I began to think...
My son-in-law was in the studio the day prior drinking the brown, old-fashioned root beer glass bottles. I dug through my trash and apprehended two bottles from the bottom of the garbage can. Yes! Close enough to a beer bottle and now I need a cigar and I think I have one from the proud parent of a baby boy! I hope this pup won't eat my only cigar!
Some further hunting around the studio produced an antique checker board with chips, an old camera and a quick hand dive into my purse brought up some change and dollar bills to hopefully round out the set. We cleared off a side table from the lobby, moved it into the shoot room and carefully arranged the newfound items. Jennifer returned with the fresh deck of cards and it was time to put our puppy to the test.
We placed our furry little friend on the table and he curiously looked left, right, up and down and in a split second scooped the cigar into his mouth and brought his head up into the cutest pose. Click. The image was captured in the blink of a (puppy's) eye!
(Side note: The puppy was not harmed in any way in the capturing of this image. As a matter of fact he enjoyed all the attention. The cigar was not lit--we created the smoke and red ash in post-processing.)
My assistant and I discussed better communication techniques through more detailed note taking and a big HEADS UP on unique session requests. As a bonus, we have had several clients request that particular image as artwork for their home.
In this, my first year of PPA image competition, I included "Hold 'Em Ace," and was pleased to earn a merit seal at my state (Georgia PPA) and district (Southeast) competitions I'm excited to hear the results from the IPC! My fingers are crossed on being chosen for the Loan Collection.
It's official! I've come full circle in completing my first year of competition. I entered the same four images from start to finish (GPPA>SEPPA>IPC) and am excited to say that three of the four images merited! After I received my judge's critiques from the GPPA/SEPPA level, I made some adjustments on three of my four images. "Hold 'Em Ace" had already sealed and I was told you NEVER break the seal once you merit.
My judge's critiques helped me see her perspective on how I could improve my images and I was mostly happy to make the suggested changes. I have to admit I did take a little offense on my critique of "Bonny Boy." The judge made mention on my child's sausage fingers on the bike handle, I took it personally because, to me most children have little sausage fingers. After growling about the comment for several days, I took another look at those baby sausage fingers and began to see why the judge had pointed them out.
I agreed that maybe they were standing out more than they should, so I took my burn tool and ever so slightly browned those little sausages. My images went from being what I considered really good prints to great images with just a few small changes. As a suggestion, don't take the judges' comments to heart--they are there to help you become an even better photographer.
I was glad I took the time to compete and successfully survived entering into a whole new world. I bet you have already guessed about how I feel about next year, that's right, I'm thinking about conjuring up brand-new ideas that will hopefully earn more merits. It's a win, win situation that will benefit my clients. My final thought is that being able to resource a judge with years of experience, compete with your fellow photographer peers in the industry is bringing me closer to my goal: award-winning photographer, Judith Ann, M.Photog. (master photographer).
By Mariah Ashley
Author's Note: Required Reading! The Go-Giver, by Bob Burg and John David Mann. A little story about a powerful business idea.
I was alone in the upstairs bedroom. Amanda (the bride) was late getting back from the salon so I spent my time photographing her dress and invitation. Her mother kept popping in with other things she thought I might find interesting, among them a pair of fabulous Louboutin sequined heels.
"Oh, fancy! Shoes are like porn for women," I joked cradling the shoe near my face.
"So true," said Amanda's mom, with a chuckle. "Everything about this wedding is a little over the top. (nods toward shoes).
"But Amanda is such a good girl, so smart and hardworking. She's such a humble and sweet girl. I just want this to be an amazing day for her."
Amanda's mom left me alone with the shoes and my thoughts. A few days earlier I listened to a podcast by former Imaging USA speaker Jeffery Shaw. He interviewed author Bob Burg on his national best-seller, The Go-Giver, which describes "giving as the most fulfilling and effective path to success."
Burg and co-author John David Mann map out the Five Laws of Stratospheric Success all focused on giving instead of getting. Intriguing! Trish ordered me the book and I devoured the parable in one sitting, highlighting passages like a mad woman. Since then I haven't been able to think about much else besides adding value to my clients lives, with the exception of thinking about how much I was dreading photographing Amanda's wedding.
When Amanda first contacted me, she had just experienced what she described as a "bad engagement session experience" with another photographer she had originally booked to photograph her wedding. She wanted to talk to me about that experience, get my opinion on whether or not her expectations had been unrealistic, and discuss the possibility of having us photograph her wedding instead.
You might have heard, but the International Photographic Competition (IPC) was last week!
The results are in and they are GOOD! More images, more merit images, and WAY more images going loan. Way to go everyone! Here's an excerpt from our official press release below:
A panel of 45 eminent jurors from across the United States selected the top photographs from nearly 5,000 total entries from August 4-7 at Gwinnett Technical College in Lawrenceville, Georgia.
Judged against a standard of excellence, just over 1,800 images were selected for the General Collection and 918 (roughly 18 percent) were selected for the esteemed Loan Collection--the best of the best. The Loan Collection images will all be published in the much-anticipated "Loan Collection" book and over 200 selected General Collection images will be published in the "Showcase" book by Marathon Press.
Images accepted into the General and Loan Collections will also be on display at the Gaylord Opryland in Nashville, Tennessee Feb. 1-3, 2015 during Imaging USA, the annual convention and expo for professional photographers. These images constitute one of the world's largest annual exhibits of professional photography gathered simultaneously under one roof.
Those who didn't earn merits this year didn't have to leave empty-handed. Critiques from the IPC judges were available upon request, and the judges completed roughly 1,800 during the competition. The critiques are offered as a way to help participants find areas of improvement and prepare for future photo competitions.
And for the first time, this year's IPC was streamed live online and 1,570 unique visitors from 13 countries tuned in over the four days. 643 of those weren't involved in this year's competition, showcasing the widespread curiosity in competition, but tentativeness to enter. This is something PPA hopes the live stream will help change.
"This was truly the biggest and best IPC yet," said IPC manager Rich Newell, M.Photog.Cr. "Those critiques must be working; we had about 250 more images go Loan this year. And we're thrilled with how many people viewed the live stream. We hope it showed all the non-participants who watched what truly goes on at competition. Hopefully they won't hesitate to enter next year!"
The IPC challenges photographers to grow their artistic and technical photography skills by creatively capturing and presenting their best images, and by doing so, improving their businesses.
Here are a few photos from the judging:
To view full results of the International Photographic Competition, visit PPA.com/IPC. And go ahead and start practicing for next year! Let's see those numbers soar even higher.
By Penn Hansa, PPA Intern
Jonathan Givens, CPP, isn't just a photographer.
For starters, he was a master carpenter for the Oprah Winfrey show who had never considered picking up a camera until Oprah herself suggested he take pictures of the sets he built for the show. Fast forward 11 years, and Givens is now a Certified Professional Photographer who has made a business out of taking pictures of the thing he loves - entertainment.
Givens grew up as an actor, dancer and singer. He first performed when he was five years old, and was 12 when he had his first paid gig. Theater life was consuming, but Givens didn't want it any other way. "I didn't go to my high school graduation because I was in technical rehearsals for a show," he said. "Theater was always there for me. It was the place where I got to be silly and jump around, and do all the crazy things I wanted to do."
He was doing what he loved - until injuries set him back. He shattered an ankle during a show, and then his voice was "destroyed" by the steroids that were prescribed to help his vocal cords. But Givens couldn't stay away from the stage, and instead, moved his talents behind the scenes to work as a technician in 2001. Taking jobs here and there, he eventually worked as a technical director at a youth theater in Phoenix, where he taught a child actor named Emma Stone how to build scenery.
He made the move to the Oprah Winfrey Show in 2003, and as the carpenter who built the set, was part of the team who won an Emmy the following year for Best Set Design on Oprah's Pop Star Challenge. the host's own version of American Idol. When he built a set for Destiny's Child's appearance on the show, complete with smoke rolling over a moving sidewalk for the singers to walk in time to the beat of "Lose My Breath," he knew he should take pictures of his work. "It was hours of preparation and $80,000 worth of work and materials for only 10 seconds of airtime," Givens said. "I needed some way to document what I was doing, so I wasn't just throwing the set away."
Other highlights of his career include working with Cirque du Soleil in 2006 as head carpenter of the show Alegria on their European tour. He also did rigging on major motion pictures like Iron Man 3 and Rock of Ages and at Univision Studios. In photographing the sets he was building, he began taking pictures of the entertainers he was working with and found that people were much more fun to take pictures of than set pieces. He started his own studio in Miami, Entertainment Photography Specialists, and joined PPA in 2012.
"I didn't want to be just another guy with a camera, which is why I joined and got certified. There are a thousand photographers out there, and tons of people who try to do the work that I do. PPA membership sets me apart from the rest," he said.
He attributes his success as an entertainment photographer to his background as an entertainer and technician, and notes that it's allowed him to capture some unique pictures. As a certified rigger, he was able to set an aerial dancer under a bridge in Portugal, with the 5:30 a.m. sunrise and a lighthouse in the background. "It's definitely different from being just a portrait photographer because I have to set up all the rigging," he said. "It's a logical challenge setting up the images."
What also helps are the emotions he recognizes in the performers, passions that he can empathize with having once had them himself. "I don't get my subjects posing - they are doing what they enjoy, and I take pictures of that. I can see the passion behind what the performer does, from the performer's point of view. When the dancer loses herself in the dance, I click the shutter.
"I photograph what I know - entertainment. I'm not only thinking about the lighting, the composition or all the other technical aspects of photography, but I'm also considering how the image will promote the subject's career, or gain attention for the production," he said. "And that's what's made all the difference."
A first-timer's account of the International Photographic Competition
By Penn Hansa, PPA Intern
I naïvely thought I had been at PPA long enough to know what to expect when we went to the International Photographic Competition - lots of images, seasoned judges sitting in a dim room deciding whether the image presented should merit and a solemn air of importance surrounding the entire event.
I was only half correct. IPC is much, much more.
It's an invaluable experience, a chance to learn from some of the most talented photographers in the industry and oddly enough, it feels like a family reunion -- if your family were made up of experienced IPC judges, that is.
"Do you want to see my granddaughter?" a judge asks, while waiting for the next round of judging to start. He pulls out his iPhone and flicks through the images before anyone replies.
"Only if I get to show you mine," another judge replies. "And then we can judge the images!" They all laugh.
But when the session starts, it's all business. In the digital room, the judges sit in twos or threes, and as an image comes on the screen in front of them, they'll review and tap in their vote on an iPod Touch. Oftentimes, they'll lean closer to the screen to see the image more closely, viewing it from different angles to make sure they haven't missed a pixel when considering it.
A common misconception about IPC is that the judges will favor images that suit their style. Because they score in a matter of seconds, it seems easy to believe it. But when a judge challenges an image, it's all laid out on the table and it's clear to see that their deliberation is intense. They'll each speak at length about why they favor an image to merit or what fell short, citing the 12 elements of a merit image.
"It's not about the treatment of an image, and whether I like it or not," said Allison Watkins, M.Photog.Cr., CPP. "I have to put my preferences aside to see the image impartially."
I wanted to see more of the thought process behind the deliberation, so I headed to the critique rooms, where judges offer their thoughts and constructive criticism about the image. For each image that is being critiqued, the judge will talk about the image as a whole, explaining their stream of thought as they look at it, including both the positive and the negative. It's a real learning experience to see exactly what makes an image merit and truly invaluable.
I settled behind Gregg Wurtzler, M.Photog.Cr., as he critiqued a few images, and then pulled up a new one. Wurtzler has 14 years of judging and critiquing images under his belt.
"What do you think about this one?" he asked me as he made his initial assessment.
I tried to keep in mind what I had learned about the 12 elements from watching earlier judging and critiques, but was drawing a blank. I liked the image, but something about it seemed off, and I couldn't place my finger on the correct term.
He just chuckled at my confusion and started his critique, first complimenting the photographer on his choice of subject and capturing the right moment, then describing how the photographer could have improved his composition, to notice the placing of the subject's hands and the busy background that was detracting from him.
"At first, it's sometimes difficult to look at the image and have to guess why the judges didn't merit it," Wurtzler said after he finished the critique. "But we've all been doing this long enough that we can usually pinpoint what it is."
Later, I sat behind Mark Garber, M.Photog.Cr., CPP, who has helped thousands of photographers with his critiques.
For any photographer who hasn't entered competitions, take this as an incentive: Garber is a huge advocate, and made a point to encourage all the photographers in his critiques to keep entering their images.
"Competition is quickest way to improve photographic skills," he said. "Every photographer has had images that didn't merit, so don't be discouraged when it happens to you."
Convinced of the fun and invaluable experience IPC is yet? Find out more about entering your images, becoming a PPA-approved juror and other competitions at PPA.com/IPC.
by Mariah Ashley
My son Jacques is not a joiner, not a jock and let's just say not terribly motivated.
Upon my insistence, he has committed himself to participating in a high school sport. Since he abhors football, is bored to death by baseball and can't dribble to save his life, he is running on the cross country team.
The "unofficial" team training started in July under the very loose control of three senior brothers, triplet captains whose parents were Olympic runners. The coach has devised a running program that divides the team into three categories: those who will go on to be Olympians like their forefathers, those with gazelle blood in their veins and my snoozy soon to be sophomore son. After the team warms up together Jacques is left plodding along alone in his size fourteen sneakers while the other boys with normal sized feet rocket past him.
Each morning at 7 a.m. we have same routine.
"Jacques get up it's time for running."
"I don't want to go today," he pleads from under a mountain of blankets. "Can't I just run on my own?"
"No!" I insist, shaking the lump of blankets that contains my son. "You are part of a team; that means you run with the team. You joined this team, so you need to BE MORE dedicated!"
"But I don't run with the team. I run on my own. How about I run with you? Mother-son time?"
"Nice try. The captains need to see that you are showing up. It's about being together as a team. You need to BE MORE social."
"I don't care about that." He groans, rolling over and scooting like a 6' 1" caterpillar toward the far end of his bed.
"JUST GET UP! YOU ARE GOING!" I shout, slapping the lump. "Really, you need to BE MORE motivated."
The teenage lump finally rises and I drive it to the high school and park inconspicuously so as not to embarrass it. I notice a few cross country kids sitting on picnic tables at the far end of the parking lot. The lump doesn't move from his seat.
"Jacques, aren't you going to get out?"
"I'll wait a few more minutes till the rest of team shows up," he says reclining his seat all the way back, making himself invisible.
"Why? What's wrong with those kids? Why don't you go sit with them?"
"I don't like them," he mumbles. "They're seniors. They're jerks."
"It's weird to want to sit in the car with your mom. You should BE MORE friendly. Go ahead, get out of the car and go sit with your team," I insist pushing him out the door.
He makes his way reluctantly over to the older kids and sits down awkwardly at the far end of the table. Without a word directed in any direction he stuffs his headphones in his ears and stares at his phone. The rest of the team chats casually. This is painful to watch. The other boys are older, fitter, confident. Shirts are stripped off, flirtations exchanged with the girls running team and then they are off like a pack in one direction with Jacques running off alone in the other. My heart breaks a little for him and I fret about him for the next hour while I wait to pick him up.
PPA CEO David Trust goes up to Washington whenever he can to meet with people like Howard Coble (R-NC) to advocate for photographers' copyrights. But that doesn't mean that the action stops when he returns to Atlanta. Now that PPA partners with the Nickles Group, PPA is more active and knowledgeable than ever before.
With these new abilities (thanks Nickles Group!), we can let you know who is saying what to whom and where. That being said; here's the latest scoop from the Hill!
The House Judiciary Committee recently held a copyright hearing with several testimonies from experts. Here's three of those testimonies and what it means for photographers!
1). All artists benefit from copyright advocacy! We got a good example with Rick Carnes, of the Songwriters Guild of America, arguing for a balance between fair use of works and protection for high volume producers. He stood by the current fair use doctrine that is in place in Title 17 of the U.S. Code which dictates the non-infringing uses of copyrighted works. However, he also advocated for workable remedies for small claims when copyrighted works are stolen. Ideally, this could mean for photographers that they wouldn't have to go to federal court and be required to have (very costly) legal representation.
2). Remember the 70 years post-mortem, 120 years post-creation, or 95 years post-publication rules for copyright protection? Michael Carroll, a professor at American University Washington College of Law, argued that the current copyright term should not be extended further. Thomas Sydnor, of the American Enterprise Institute, agreed, and finds that there is little to no benefit in continuing to extend the copyright term in regards to small, medium, or large businesses.
Over the last fifty years, the copyright term has been extended. Most notably it has been extended whenever the copyright for Mickey Mouse is about to enter the public domain. Would anyone like to guess who is behind this? That's right, Disney. The Hollywood and Disney lobby have poured huge amounts of money into ensuring the extension of the copyright term over the last fifty years.
The bearings that this has on photographers are non-particular. Meaning, anyone who has ever owned a copyright is affected by this change in the same way. Once you die, your dictated heir is not going have entitlements to the copyright(s) for as long. While this is non-particular to photographers, the fact that this discussion has made headway in the legal debate represents a dramatic shift away from what is known as the Disney Curve. The Disney Curve has dominated the extension of the copyright term with the sole intent of keeping the figure of Mickey Mouse out of the public domain. If the status quo on this were to change, it would represent one of the greatest fundamental shifts in copyright policy in the last 50 years
3). Karyn Clagget, of the U.S. Copyright Office, thoroughly argued that visual artists should be able to receive compensation relative to the increase in value over time as opposed to a mere flat rate. For photographers, this would mean that as your work grows in value, you'd be compensated accordingly. Royalty claims can be made with the proper contracts on anything created with a copyright. For more information on how you can control royalties, review our limited usage contract under Copyright Resources on our website!
The House of Representatives Subcommittee on Courts, Intellectual Property and the Internet heard another round of testimonials addressing the need to remedy current issues within the Copyright Law (and there are many). Here's how this hearing relates to our members:
1). Longtime PPA friend Steven Tepp, of Sentinel Worldwide, made the case that there were significant problems in the current copyright remedies legal environment. He argued for higher available statutory damages, since awarded damages are currently at a historical low point. He also argued for harsher penalties that could function better as a preventative measure as well as a higher top-end of possible monetary compensation for infringement cases.
This goes along with the availability for small claims courts for copyright cases. Though, instead of focusing on the methods of how damages are acquired, Tepp choose to spoke about altering the available results for whichever court might make a ruling on this. Remember though, the small claims court doesn't exist (yet). Let's hope his testimonial opened some eyes and ears on the Hill.
2). Nancy Wolff, partner at Cowan, Debaets, Abrahams & Shepard LLP, supported the U.S. Copyright Office's report on small claims recommendations. In support of this report, she argued for the ability to bring small claims cases to a court without the need of expensive legal representation and a procedure that lowers the plaintiffs' expenses relating to any sort of legal action.
Both Tepp and Wolff are attempting to streamline legal processes for high volume visual artists like photographers. Too often times, infringed-upon artists can do very little simply because it quickly becomes cost-prohibitive to pursue legal action, even if your business has been damaged. Hopefully, these testimonies will help our U.S. Representatives understand that things do need to change!
The above testimonies and arguments contribute to enlightening those who can make these changes and will help shape the way new copyright laws are made. Each testimony is a small piece of the giant puzzle that is a Law being passed. We'll keep you updated anytime we hear more from Washington!
7 Questions to Ask Before You Start a Business
Most people think that the barrier to entering the photography business is low. All you need is to buy a camera, create a Facebook page, and start taking pictures. But consider the odds: 25 percent of new business start-ups close in the first year, and another 25 percent fail in the next four years. How do you beat the odds? You have to set your business up to succeed by asking and answering the following critical questions:
1). What products and services will you provide?
Your business plan should clearly define what you are offering in terms of products and services and how that compares to competitors in your market. It is important for you to carve out a piece of the market to make a profitable and sustainable business.
2). Who is your target client and how will you reach them?
In other words, it's not only important to identify your target client, but you also need to reach them through different marketing mediums. Your integrated marketing strategy should include a blend of marketing mediums such as print, digital and interactive and social media. The results of these efforts should determine if you have an adequate population of potential customers to reach your sales goals.
3). How does your business stand out?
Your one unique selling proposition is YOU. It's who you are that makes all the difference. It's the reason that the one product or service you provide is different from and better than that of the competition. This is where you need to shine through your art, product offerings and customer service. You must be distinguishably different from your competition.
4). Where will business be conducted, and how many employees will you need to provide the level of customer service your ideal client will expect?
It's important for your physical presence, the way you present yourself, where you conduct business and how you conduct business to be an extension of your brand and should resonate with your ideal client. Initially, the number of employees you need to deliver the level of customer service you want to project might not be ideal, but don't compromise. Find ways to outsource workflow in seasonal times so customer service isn't neglected.
5). How much start-up money will it take to open the doors and keep them open until you turn a profit?
I mentioned the barrier to a photography business is relatively low; however, after answering the first four questions, I'm confident you have realized that the barrier is misleading. It requires an investment of money and time to set up a photography business to achieve profitability. Prepare a conservative five-year projection of income and expenses, and re-evaluate yearly to confirm you are on track as most businesses are to show a profit in the in the first year of business.
6). What will be the source of the funds needed for start-up and sustainability?
Consider how much you are willing to invest and potentially lose, how much is needed from outside sources and how much you can generate in profits to reinvest in the business. Clearly identify these sources and include in your five-year projection a plan to pay back yourself and anyone else.
7). What type of business structure will you choose?
What forms do you need to file, and which licenses do you need to obtain to assure compliance? The type of business structure you have will depend on two factors: liability and taxation. PPA recommends when you are just starting out and you have substantial personal assets to be a LLC.
Your business can also benefit from business advisors and mentors. You should develop relationships with a banker, an accountant and an attorney before you start. Additionally, as a PPA member, you can get malpractice insurance, up to $15,000 of free equipment insurance, free education, connections to industry mentors, certification and other vital resources to help you run a profitable business. The Benchmark Survey and its principles are also helpful when setting up prices and measuring your business' growth.
There are no assurances that a business will succeed, let alone be profitable, but setting yourself up for success through planning certainly can help.
It's a shameless plug, but after all, we're here to help: Join instructor Jen Basford, Cr.Photog., November 15-16 in Atlanta for PPA's Business Basics Workshop. You'll learn strong business principles that will help you create a solid foundation for your business. The class will give you the information and confidence you need as you plan for a profitable and sustainable business.
Some great things were happening on theLoop as temperatures soared. Check out the hottest discussions that happened in July.
What are you using to back up your files? PPA members discuss their methods for protecting their images and the pros and cons of offline and online storage. Even if you've got a system in place, it's worth checking out what others are doing!
Just as photo editing software updates, so does bookkeeping software too! Members share their favorite programs for balancing the books.
Doing executive portraiture for the first time? Get some firsthand accounts from photographers who've done it before and are sharing their tips for doing the job right.
A PPA member's image is printed on the front page of the newspaper - but they refuse to give him credit. Now what? Weigh in on the discussions for and against getting a credit line in publication.
If you're thinking about moving your business from home to a retail studio, or vice versa, read this discussion! Members talk about their experiences working in different locations and how it affected their business.
Tom Bochsler's 50-plus year career took him all over the world as a photographer and speaker, but he didn't have to look far to find a home for his massive collection of images.
The 82-year-old Burlington, Ontario native decided to gift his life's work to the Hamilton Public Library. The recently completed donation took place over about six years and contained a total of 500,000 negatives. The library found value in the images as they provide a visual history of the area.
Bochsler, who was designated as having Outstanding Significance and National Importance by the Heritage-Cultural Property Export Review Board, started his career in Hamilton in 1956 and joined PPA not long after.
The collection spans the well-known industrial photographer's early years in photography and thousands of local images. Many of his black-and-white historical photographs were created using the 10-pound Speed Graphic camera, which used one-shot flashbulbs as its lighting source. Bochsler has photographed every single nuclear power plant in Canada, and the collection includes images of nuclear reactors, salt mines and steel factories from across Canada. The photos will stay in a climate-controlled archival vault to ensure the images don't decay over the years. The library's history and archives department is tasked with scanning the images and making them available to the public.
Last month, Bochsler also had the opportunity to give an audio/visual presentation in a display of selected images during Super Crawl, an annual art and musical festival downtown Hamilton. In addition to the collection, Bochsler published a book, , which features 272 of his favorite images from 1950 to 2003.
According to Bochsler, he donated his life's work rather than the alternative--throwing them in the trash.
"It's all very exciting for me," he said. "There are many members out there who find their old negatives and files a burden. I initiated the contacts to explore a home for my collection. Along the way I found people interested in saving history."
Got a cool story to tell? We're always looking for more! Email PPA's communications specialist, John Owens, with yours (put 'PPA Member Story' in the subject line) and we'll see if you're worthy of a spot on the mighty PPA blog!