Posts Tagged ‘stock agency’

Micro Royalties

January 11th, 2011

We don’t need to tell you it’s a tough world out there economically, especially in the picture business. People are buying fewer photographs and paying less for them.

There’s an American photographer whose work I admire enormously. His name is Mike Yamashita and he shoots mainly for National Geographic Magazine. I met him a few years ago at the Frankfurt Book Fair when they built a large gallery showcasing his photographs in one of the halls at the fair. He had traced the footsteps of the thirteenth century Venetian explorer/ trader Marco Polo, documenting his journeys in a stunning series of images.

Great photographer through he is, Yamashita is not the most Pollyanna optimist you’re likely to meet. His glass is rather more than half empty. For some time he has been pronouncing with gloomy relish that “Stock is dead.”

Well, this is simply not true. The proclamation may have been triggered by three of his picture agencies closing their doors over the past year. What is true is that the old established market has been well and truly disrupted. Photo sales used to be the preserve of an elite few, many specialising in one field — jazz, aviation, cricket, ethnic populations — and because communication was twentieth century in its slowness, and photographs existed as physical, analogue objects, they had a scarcity value of their own.

Now of course — and fotoLibra is very much responsible for this shift — anyone can take and sell a photograph. Just before Christmas we were asked for photographs of specific situations in Kazakhstan. Twenty years ago this would have involved the buyer telephoning a series of picture libraries with the request. Each picture librarian would know, firstly, if they had photographs of Kazakhstan or if the buyer was barking up the wrong tree. If they did have pictures, they would charge a search fee to look through the files to see if there were any images that fitted the bill. If there were, they would be despatched in sealed clear envelopes to the client. If the seal was broken, the client would be deemed to have used the image, and would be charged accordingly. If the images were lost, which happened frequently, it would be simultaneously a disaster and a bonanza for the photographer — £400 for each lost transparency, for example.

Today fotoLibra has a number of photographers living in Kazakhstan. We can contact them instantly via email at no cost. One of them is an airline pilot by trade and a keen (and good) amateur photographer by inclination. He is on the spot, and can take precisely what the client wants. We supply the images to the client within the unfeasibly short deadline of 48 hours he has given us. There’s no special thanks — it’s what the client expects. Twenty years ago this would have been completely and utterly impossible.

We break our backs to provide an unsurpassed client service. It’s expected. But it’s still really hard to make a sale.

So we have devised a scheme to make more money for our photographers, with less outlay for our clients at the same time. Impossible? Having your cake and eating it? Barking at the moon? We don’t think so.

We want to make dealing with fotoLibra as easy, as painless and as simple as possible. But Simple and Easy are among the most difficult things to achieve well. Look at the simple Google interface. You don’t need to learn how to work it — it just works. That’s because a large fortune has been spent in making it simple. Underneath it’s very, very complex, like fotoLibra. If you buy a picture from fotoLibra, four simple choices take you to the price. Underneath that is a matrix of 1,447 price points. But you never have to see that. We’ve made it simple and easy.

And our new Micro Royalties initiative follows the same thought process. We want to sell more pictures. We want to pay our photographers more money. How do we solve this? We would move more images if we gave them away. But that wouldn’t benefit us or our members. How about this — instead of selling image rights for a flat fee, how about hire purchase? Deferred payment? Pay nothing now, and the rest over four years? That’s how they sell furniture. Why should pictures be different?

Here’s the plan. We can write a routine so that instead of publishers being billed for image usage in one great lump on publication, they are billed micro royalties six months after publication, when royalties become due. The amounts may be small, but they will come due again every six months. The image providers share in the success of a book. If it sells and sells, the photographer will earn much more for his photograph than if a straight sale had been made.

Of course our normal way of business will be dominating our trading for years to come. This Micro Royalties proposal is simply an alternative option, it’s only designed for book publishers which are one section of a picture library’s business. We don’t expect the take-up to be enormous, until people have tried it and found that it works for them. Maybe it won’t work for them at all. We’ve subjected the plan to all the various SWAT analyses, and we have pinpointed just one downside — if a book doesn’t achieve the publisher’s expected sales, then the photographer’s income will suffer. We’ll make adjustments to the percentages in the next sale to that publisher to allow for that. But this scheme is configured to appeal to the rapidly expanding, untested and as yet illustration-light eBook market, and the joy of eBooks from a publisher and author’s point of view is that they never go out of print. The drip may be small, but it is constant.

Picture libraries invented the Royalty Free image. They created Microstock. Neither of these plans favoured the photographer particularly — they were skewed in favour of the buyer. The creator of the image was outside the loop, the unwanted presence, the cow in the milk bar, the author at the book fair. This new fotoLibra plan rewards the photographer for his part in the success of a publication. If the writer gets royalties, why not the illustrator? The labourer is worthy of his hire.

No publisher has yet taken us up on this proposal, so we will be running a couple of experiments this year to test how easy this is to implement. Then we can tell them about it and demonstrate how it works.

We wish you a happy and profitable New Year.

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Christmas Chimney Sweep

Christmas Chimney Sweep

Isn’t this pretty?

We thought so. So did a small American company, who felt it would make a great Christmas card.

It is our ambition to make fotoLibra the most user friendly, intuitive and simple site from which to buy pictures. But from reading the following correspondence, I don’t think we’re quite there yet.

We received this a couple of weeks ago at 14:28:

HI Gwyn,
We would like to purchase the following image to use on a Christmas card, that we would be printing in United States.
FOT510763      Chimney Sweep
Regards,
Arnie Varah

Yvonne (not me) replied immediately, writing

Hello Arnie,
Thanks for your message which has been forwarded to me by Gwyn.
I notice that your colleague Jim Schuco has just registered with us, so the easiest way to purchase image FOT 510763 is via our website. You/Jim would need to sign in to www.fotoLibra com and price the image as follows, e.g.:
Merchandise > Greetings cards;  Continue
Print Run: 1000 > Duration: 1 year
As soon as you have gone through the purchasing process, you can download the high res image file immediately.
Kind regards,
Yvonne Seeley

Then at 19:01, this arrived:

HI Yvonne,
We would like to purchase the following image to use on a Christmas card, that we would be printing in United States.
FOT510763      Chimney Sweep
Regards,
Jim Schuco

Yvonne replied as follows:

Thanks for your message. Here a copy of the email I’ve just sent to your colleague Arnie Varah:

and enclosed her previous email.

Jim replied:

Hi Yvonne,
We are just looking for one picture not 1000.
Regards,

which prompted Yvonne’s response:

Will you only be printing one Christmas card? Stock agencies sell rights managed images based on the size of the print run and the duration of the license.
Hope this clarifies matters.

Jim came right back. He was baffled. So Yvonne responded:

Hello again Jim,
Here’s the explanation I sent to you earlier yesterday evening:
“Will you only be printing one Christmas card? You’ll find that stock agencies sell rights managed images based on the size of the print run and the duration of the license.
Hope this clarifies matters.”

I’m sorry this didn’t fully explain the situation for you. The image of the chimney sweep is a rights managed image. This means that you need to purchase the specific usage rights you need. So if you want to print a number of Christmas cards from this one image – up to 1000, for example, to send out to your customers – you have to go through the purchasing process I outlined earlier.

Jim and Arnie thought for a while. Then Jim asked

Hi Yvonne,
If we decide to print the Christmas cards with your company, would the
1.       Material used are card stock
2.       The image would be color
3.       Can we add a greeting inside
4.       Would envelope come with the cards
Let me know
Regards,

Incidentally we’re talking £50 for the cost of buying the picture here. Not a fortune.

Yvonne replied:

Hello Jim,
fotoLibra is a stock picture agency. We license the use of images to picture buyers and researchers for reproduction in their publications – books, calendars, magazines, greetings cards and so on. You would buy the image license from us, download the high resolution picture file, and then get the Christmas card printed to your design using our image, as you advised in your first email.
Regards,
Yvonne

Jim responded:

Hi Yvonne,
We usually send out about 100 cards, how much would it be for the image.
Regards,
Jim Schuco

We’re always happy to negotiate. A price for 1,000 has to be different to a price for 100. But we cannot account for every eventuality in the pricing matrix. And we want to make sales for our members. So Yvonne replied:

Hello Jim,
Our base price for usage in a print run of up to 1000 cards is $234.00. On this occasion, sInce you are only planning 100, we can offer you a 66% discount. This would bring the price down to $80.
Please let me know if you want to go ahead at this discounted price and I will apply the percentage to your account.
Regards,
Yvonne

On 3 Dec 2010, at 20:52, Jim Schuco wrote:

Hi Yvonne,
I am not sure I understand your previous email and this one. Can you print the cards also or you only provide the image for us? Let me know
Regards,
Jim Schuco

By now Yvonne is getting a little terse:

Hello Jim
We supply the image; you arrange the printing.
Regards,
Yvonne

Silence for five days. Has she mortally offended Jim?

Then on 7 Dec 2010, at 18:16, Jim wrote:

Hi Yvonne,
We are willing to pay $75 for the image. Let me know.
Regards,
Jim Schuco

Yvonne’s final email:

Hello Jim,
Thanks for your feedback.
OK – you will need to sign into www.fotoLibra.com and type FOT510763 into the quick search box (top right).
Then click the $ Price Image link in the left hand column.
As soon as you have completed the purchasing process you’ll be able to download the high res image file. We will also send you a revised invoice confirming the actual rights bought.
Regards,
Yvonne

The credit card payment went through and the image was downloaded an hour later. Will we be getting a Christmas card from them?

That was sixteen emails, and a lot of hassle, to make a $75 sale. Our worthy fotoLibra member will get £23.78. So will we, before we pay bank charges and taxes,.

I wonder what Tahiti is like at this time of year?

Guess we’ll never know.

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It came to me in a flash. At a BAPLA Picture Buyers’ Fair (remember them?) I was barking and shilling on the fotoLibra stand. OK, I admit it, I was pretty desperate. “Roll up, roll up, leddies ‘n’ gennelmen, come and see our fabulous photographs, so beautiful they’ll bring tears to your eyes etcetera etcetera.”

A harassed-looking woman was walking past quickly, head down, eyes averted.

“Come and avva gander at our bee-yootiful pickchars, darlin’!” I bellowed.

She stopped — she had to stop, I was blocking her path — and looked at our elegant display.

“They’re lovely,” she smiled sadly, “but I don’t buy lovely pictures. I buy photographs of things people don’t see.”

Now the tables were turned. I was the one who was stopped in his tracks. “If people don’t see things, how can they be photographed?”

“Well, they do see them, well enough to avoid them, but they don’t notice them. And photographers don’t notice them either. As a result, there aren’t many pictures of them.”

“But what are THEY?” I persisted. “What is it that people don’t see?”

“All sorts of things. Roadworks, men in fluorescent jackets, bus stops, rubbish bins, pavements, overgrown signs, health clinics, everything you don’t really notice as you go about your everyday life.

“All I see here are sunsets over the Maldives, the Taj Mahal by moonlight, palm-fringed beaches — and I work for Eborum District Council.

“We have a picture of the Taj Mahal in our canteen, but I didn’t buy it. I need access to pictures of the stuff we live, work and have to deal with. Parking meters, for instance. Even dog poo.”

“Dog poo?” I asked tentatively.

“Yes, dog poo, or IPSV2603 and 2604 as we refer to it. IPSV is the Integrated Public Sector Vocabulary — the code councils and government use to talk to each other. Virtually everything you can think of has an IPSV code — model soldiers, jogging, ex-servicemen’s associations, even UFOs and the U3A.”

That’s great, I thought. Here are fotoLibra’s 10,000+ photographers busy recording glorious sunsets all over the world and the customers want doggy doos. So I grinned my best grin and said “You’ve got it.”

And now she has.

I went back and rallied the fotoLibra photographers. Oyez, Oyez, I blogged, please add IPSV codes to your UK images. I posted a list of all 8,000+ IPSV codes on the fotoLibra site, at http://www.fotolibra.com/about/seller/ipsv.php. With varying degrees of reluctance and enthusiasm, many of them complied. Subjects of previously unimaginable banality were uploaded to the site, and we broadened our reach to encompass the trite and the commonplace as well as the rare and majestic.

In my Damascene revelation that a picture doesn’t have to have a pretty subject, I forgot to take our reluctant visitor’s name, but if that lady ever stumbles across the fotoLibra.com site again she will find over 17,000 images of everyday stuff, carefully labelled with the correct IPSV codes  from religions to town parks, from skips to lifeguards, from pills to parking meters.

And just because the subject is humdrum, everyday or boring, it doesn’t mean a photograph of it will be. As a result, at fotoLibra.com we now have images that are practical as well as beautiful.

Thank you, local authority lady. You helped us open our eyes.

This article was written for Montage, the magazine of the Picture Research Association

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Yesterday I posted a word cloud showing the most popular subjects to be found on fotoLibra.  Alan Myers commented that he’d like to see a word cloud for the top selling categories on fotoLibra.

It’s a good idea, but I imagined I’d have to gather the info manually and it would take me months.

Not a bit of it. Damien, our Technical Development Manager, dashed off an SQL script that delivered the data in 0.0091 seconds. Then of course I had to spend 24 hours printing out each word in different colours and sizes and carefully glueing them into place.

Here’s the result. Of course I know this means everyone is immediately going to go on holiday and photograph historic churches in the landscape. Please don’t do it. This is done for fun and there’s no real significance to it. I’ve also limited the number of categories appearing to 150, as we have 255 categories in total and the resulting Wordle was very messy.

The reason PEOPLE don’t loom much larger as a category is that we are constantly asked for photographs of people, and we can’t always provide them, as many fotoLibra members show a marked reluctance to photograph other humans. As a result we don’t sell them. And we could.

So please try and overcome your understandable inhibitions and let’s see photographs of people chatting, eating, drinking, interacting, working, playing, talking, laughing — doing People things. All ages, all races.

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Here are the most popular subjects photographed on fotoLibra, ranked by size.

fotoLibra's Most Popular Image Categories

It would be pleasant and profitable for all of us to see many more of the less well featured subjects, such as
Age
Extreme
Invertebrates
Customs
Law and Order
Civilisations
Humour
Military
Engineering
National
Lifestyle
Motherhood
Plants
Antiques
Cartoons
Astronomy
Finance
Cacti
Fitness
Ferns
Physics
Tools
Dance
Transport
Ecology
Heritage
Cycling
Family
Aesthetics
Adventure
Arts
Transport
Running
Books
Chemistry
Horse-drawn
Geology
Toys
Third World
Royalty
Textiles
Glass
Forestry
Amphibians
News
Tennis
Hospitality
Parties
Wine
Ceramics
Camping
Showbiz
Furniture
Indoor
Protest
House
Crafts
Marine
Prehistoric
Folklore
Sub Aqua
Media
American
Computers
Sport
Collecting
Jewellery
Biology
Lichen
Country
Clubs
Disease
Design
Private
Society
Places
Events
Tunnels
Hospitals
Drama
TV
Olympics
Zoology
Manuscripts
Cinema
Botany
Gay & Lesbian
Typography
Gyms
Disability
Science
Health
Archaeology
Maps
Hotels
DIY
Old Age
Entomology
Anatomy
State
Topography
Genetics
Anthropology

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Opening Up Stonehenge

October 25th, 2010

The public reaction to my previous blog posting Stonewalling Stonehenge has been remarkable, and understandably the majority of comments have been in favour of the rights of photographers.

I wanted to address each individual comment in turn, but there were simply too many for me to cope with and keep fotoLibra ticking over at the same time. So firstly I want to thank everyone who took the trouble to make their points. Over 10,000 people, among them BBC Radio 4’s PM programme, read the comments, and PM invited me on air to discuss the subject. Eddie Mair gave us four and a half minutes (the piece is about 40 minutes into the broadcast). The story was picked up and repeated (with varying degrees of accuracy) in blogs around the world.

By the way, I know some of you think Jacqui Norman wrote this, but in fact the writer is Gwyn Headley, the founder of fotoLibra. Jacqui writes the fotoLibra Newsletters and the Picture Calls. Rather than adding to the comments on the original blog, I decided to lay out my subsequent thoughts in this second posting.

In this economic climate I do feel it is ambitious of property owners to ask for a commercial photography fee from photographers upfront, unless exceptional access conditions are granted in return.
But the strength of feeling against English Heritage surprises me. I almost find myself in the invidious position of having to defend them.

First of all, English Heritage is a wonderful institution doing an amazing job with diminishing resources in the face of hostility from both the public and the Treasury. One small thing that would make a big difference to their ability to cope would be the removal of VAT on building repair and conservation work. But our politicians and tax officials are too craven, indifferent or greedy to allow that minor concession.

Like all organisations, English Heritage will have its fair share of zealots, jobsworths, and staff who are plain barking mad. They can be rigid, bureaucratic and inflexible. They will retreat behind barriers of obfuscation and legality. But behind it all their purpose is simple: to do their best to preserve the threatened, imperilled heritage of England. In Wales, we have Cadw, banished by the Welsh Assembly Government to a prefab on an industrial estate on the outskirts of Cardiff, so highly do Welsh politicians regard our heritage. Scotland has Historic Scotland, about which I know less. They all suffer the same slings and arrows.

My parents, living in a Grade I listed house, were not allowed to change their bedroom wallpaper. It was a Chinese print dating from the eighteenth century, and it needed to be preserved. We had no problems with that.

There is always the danger of the Taste Police stepping in and obstructing development, but when there is pragmatism and understanding on both sides a mutually agreeable solution can usually be thrashed out.

I remember with sadness the wonderful Art Deco Firestone Building on the Great West Road in London. It was listed by English Heritage, but being office workers they tend to go home at 6 o’clock. At 6:05 on a Friday evening, the bulldozers went in and by the time English Heritage officials were back at their desks on Monday morning the fabulous, unique Firestone Building was a pile of rubble. The slimeball developer was fined the maximum — £5,000.

But let’s get back to photography and the rights of photographers — specifically fotoLibra members — to photograph what they like. In a free country (and I don’t believe there is any such place, on this planet at least) people should be allowed to photograph what they can see. How you subsequently use that image is up for discussion.

It would be unwise, unjust and unfair to use a photograph of an innocent stranger to promote a commercial product, or to illustrate an editorial piece on the perils of drug abuse, sexual perversion, or any other rabble-rousing indiscretion. The person concerned could sue and would quite possibly — or would certainly deserve to — win.

I might think it tasteless to commandeer Stonehenge to promote some commercial service or artifact, but we’ve been worrying this bone for six days now and there doesn’t seem to be a thing anyone could actually do about it in law.

So instead of issuing poorly worded and hastily thought out decrees which have the unfortunate effect of getting up everybody’s nose and giving bureaucracy a bad name, why don’t organisations like English Heritage open a dialogue with organisations like fotoLibra and see if we can work together towards a common goal?

They want to preserve our heritage (and so do I) and we want to sell more images. I’m sure we can do a deal.

I’m picking up the phone right now.

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We recently received the following email from English Heritage:

We are sending you an email regarding images of Stonehenge in your fotoLibra website. Please be aware that any images of Stonehenge can not be used for any commercial interest, all commercial interest to sell images must be directed to English Heritage.

It’s kind of them to think of us, but this raises a number of questions.

Firstly, what legitimacy do they have for this claim? Is there any law that states that it is illegal to use images of Stonehenge for any commercial interest? Can someone direct me to it?

Secondly, if an image of Stonehenge is so used, how could they possibly police the usage? A quick browse through a number of rights-managed and royalty-free online picture libraries produced the following:

iStockPhoto (a US owned company) has 513 images of Stonehenge
Fotolia (US) has 648 images of Stonehenge
Dreamstime (US) has 670 images of Stonehenge
Shutterstock (US) has 737 images of Stonehenge

All the above sites sell images on a royalty free, unrestricted usage basis. If anyone buys a royalty free image from one of these suppliers then he’ll be using it as, where and when he likes, without asking English Heritage’s permission. How will they stop that?

Alamy (UK) has 1130 images of Stonehenge
GettyImages (US) has 860 images of Stonehenge
Corbis (US) has 426 images of Stonehenge
fotoLibra (UK) has 223 images of Stonehenge
Photo 12 (FR) has 114 images of Stonehenge

These are mainly rights managed. Rights managed images are essentially designed for a specific and time limited usage, and they’re more controlled and controllable than RF images.

Has every picture library with images of Stonehenge received this email? If we really are breaking the law by selling images of Stonehenge to be used for any commercial interest, then of course we will cease and desist immediately. However nothing in the National Heritage Acts (1983, 2002) which brought English Heritage into existence refers to their right to prevent the sale of images of any of their properties. In any case it must be legal to display them for sale if we intend to sell them for non-commercial (i.e. editorial) rights-managed usage.

If English Heritage wants to stamp out the unlicensed, unregulated, unlimited usage of RF images of Stonehenge they will have to talk to the people who hold those sorts of images for sale. In a large number of cases they will find that the picture libraries or stock agencies who hold these images are owned by foreign nationals who are not subject to British jurisdiction, who are based overseas, who have no connection, emotional attachment or even necessarily fondness for the United Kingdom.

Why the hell should they listen to a powerless quango which wants a slice of their profits? English Heritage is the current custodian of Stonehenge. It has been their responsibility for 27 of the monument’s 4,500 year old history. And they want to own the image rights to the site. (BTW It’s well known in the Headley family that our great x 170 – grandfather Elfis carved the stones for Stonehenge out of the Presley mountains in Wales, so our claim to the site is far longer than English Heritage’s nano-ownership (o.oo6% of the lifetime of the henge)).

In a recent blog post I noted the plight of a property owner in San Francisco who took the HSBC Bank to court for using a photograph of his house in a promotional leaflet without his permission. He lost, seven times over. That doesn’t set a strong precedent for EH or the National Trust or indeed any owner whose property can be seen from public land. Google Earth and Google Maps have pretty clear images of the place, as well.

OK, English Heritage’s email did not ask us to remove the images of Stonehenge from fotoLibra. But they did use imperative, urgent words like ‘can not’ and ‘must be’. I am ready to be proved wrong, but I don’t believe there is any legal substance behind the request. How can there be? Look at this:

Photo © Clive Morgan / fotoLibra

What if we photograph the place from the air? What law can we possibly be breaking here?

While we’re looking at Clive‘s photograph, who built that ugly tarmac footpath cutting through the sacred ring?

Quis custodiet ipsos custodes?

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After buying the spiffy new camera, the first accessory most photographers want to get their hands on is a mighty new lens.

It ain’t necessarily so.

This is a list of things photographers should buy in order to improve their sales. It is in the order of our suggested priorities at fotoLibra.

Remember, as a picture library / stock agency we’re not necessarily reading from the same page as our photographer friends. Most photographers want to create beautiful, stunning images, and of course we want to see those as well, but above all we want photographs that sell.

And if that interests you, then here is what we suggest you need to acquire.

  1. A decent DSLR or large format digital camera. The make is unimportant, as long as you’re comfortable with it. One famous old tip to get comfortable is to put the camera in a bag, then put your hands in and spend days looking odd and learning how to use it blindfold. Feel your way round the apparatus. Learn to use it without thinking, so it becomes an automatic, natural extension of your eye. Nowadays the camera back should deliver a minimum of 12 mexapixels.
  2. Adobe Photoshop, Elements, Corel Draw, GIMP, Irfanview or some other photo editing software. This is your digital darkroom. You must always shoot in RAW and then post process. It’s no use having a digital camera without photo editing software.
  3. A tripod. Your hands shake, I promise you.
  4. A subscription to fotoLibra. “Yeah, yeah, what a surprise,” you smile, but this is where you get regular lists of the photographs that buyers need, hints, tips, blogs and newsletters. A huge amount of storage space for your images. And all your sales and back office admin taken care of, leaving you to get on with pressing that shutter.
  5. Lighting, unless you plan only to photograph landscapes by available light (a very small market). At the very least, a separate and moveable flash unit. The flash built in to the camera is strictly for amateurs.
  6. A large roll of white paper to act as a neutral background, such as this. Professional picture buyers like plain backgrounds and cut outs. Cut outs are virtually impossible to achieve successfully without starting with a plain background.
  7. And of course Goalposts, on which you put the paper. You get to move them, as well. Properly called a “background support system’. Here’s one.
  8. Books from the fotoLibra Bookshop. I like the intelligent and elegantly designed Rocky Nook titles. You will never, ever stop learning as a photographer. Even Snowdon, one of the twentieth century’s most famous photographers, admits he’s still learning at eighty.
  9. Photography courses, such as those offered by Nick Jenkins at Freespirit Images. You will learn tricks and techniques which would never have occurred to you on your own.
  10. Apple Aperture or Adobe Lightroom. Post processing taken to new heights. I know it will hurt to spend money on bits and bytes before lovely, smooth, hefty glass and metal, but would you prefer to collect kit, or make a name for yourself as a photographer?

NOW you can start to splash out on more expensive lenses, camera bags and all that other non-essential kit. But armed with the Top Ten, you will have what you need to take photographs that SELL.

And my lens suggestion for when you finally buy a second?

Go for the widest aperture you can afford.

And if you don’t agree with this list, please post your own in the Comments!

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Property Releases

August 19th, 2010

We recently posted a blog about Model Releases.

Reading Jacqui Norman’s August Newsletter to fotoLibra members this afternoon I noticed she repeated her advice not to photograph National Trust properties as they wanted to reserve the rights to themselves.

As far as I know, this “right” hasn’t been tested in law. I’m a staunch supporter of the National Trust, but their unilateral ban on photography of our national heritage does get up my nose.

I’m also a supporter of personal privacy. Not so long ago someone complained because a photograph of his unusual (and ugly) car had been posted on fotoLibra. With the agreement of the photographer, we removed it, simply because it wasn’t worth fussing about. The complainant had absolutely no right to prevent its use, but as he asked nicely enough and we saw no early prospect of a sale we took it down.

The National Trust and other owners of heritage and interesting buildings deserve protection from exploitation. Images of their properties should not be used for promotional purposes without their consent. They shouldn’t be used to endorse commercial products without some sort of fee being paid.

But I absolutely defend the right of people to photograph what they will, and sell those photographs if they can, if they are to be used in an educational, illustrative, informative or editorial function. If you’re publishing a book on Castles, you’ll be including a number of National Trust properties. The book will be about those properties. There is no way anyone should only be allowed to use pre-approved images of these buildings.

It’s down to power and control. Celebs in the pupal stage will do anything to court publicity. Once they achieve imago they need to control publicity: vetting photographs, checking journalists’ credentials, only being photographed from one side.

The National Trust’s position is looking increasingly fragile. It only needs someone with a little spare time and a little spare money to challenge their stand, and I suspect the edifice will go the way of the walls of Jericho.

A recent case in America will illustrate the point. I may say that in this instance I am firmly on the side of the property owner.

Douglass Robinson lives in a startling yellow house of the Painted Lady style in San Francisco’s Haight-Ashbury district, fondly remembered by all old ’60s potheads. He’s accustomed to having the house photographed, and he normally puts up with it.

But he finally drew the line when his venerable old pad featured as the solus lead on a leaflet advertising mortgages for an international bank. Sympathetic neighbors asked if he was going to sell, or if he was running into financial difficulties?

So he did what every red-blooded American does in times of crisis: he sued. On seven counts.

And the HSBC Bank (for it was they) won every one of them.

You can read the whole sorry saga here. The blog is headlined “A House’s Right To Publicity”, but surely it should have been “A House’s Right To Privacy.”

HSBC should not have gotten away with it. Apart from anything else, it was discourteous in the extreme not to request permission of the owner. (I can hear the lawyers whispering in the back of my head: “such permission not to be unreasonably withheld”).

American law is based on precedent. This judgement is going to make it harder for property owners to claim visual rights over their buildings.

Unlesse the owners are large American corporations, of course.

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Mature Times

August 13th, 2010

Keen on your hobby? Why not turn it into a business?

I don’t know much about the magazine Mature Times, but I do know they’ve got EXCELLENT ideas. Because the nice people there have written an article about fotoLibra photographer Linda Wright (she of the wondrous Birds of Prey photographs) in which they say very nice things about the part fotoLibra had to play in Linda’s success.

Aw shucks! (scuffles foot shyly behind other heel).

Hovering Eurasian Kestrel ©Linda Wright / fotoLibra

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