Thursday, November 30, 2006

Photo Inventory: What are you missing?

When was the last time you did a serious inspection of your photographic image inventory? Set aside a few hours and go through your files of photographs. Update your inventory list, reorganize some of the files, maybe breaking them up into narrower categories. Pay attention to what you are missing. Are there some gaps in your inventory?

Do you even have an inventory of your photography? It's critical that photographers maintain an inventory of their work. If you don't, we have articles to help you manage your images.

Keeping an inventory of what images you have helps you to also understand what you are missing. If you are running out of ideas for photography and subjects, take time to finding where the holes are in your inventory and then go out and get those images.

Seagulls in flight behind a boat on the Kinneret, Galilee, Israel, photograph by Lorelle VanFossenBrent and I have been combining our image for over ten years now, and even though I think I "know" what is in our files, I'm often surprised when I make time to update and check our inventory.

We have a huge inventory of bird images. During a recent reorganization of our bird files, we were surprised to find that we had only a few sea gull images. I've lived my whole life in the US Pacific Northwest, and sea gulls are part of our daily life. Yet we only had a few images. We had less than one sheet of decent images and an entire file slot set up for them. Matching assumptions with reality, we put sea gulls on our want list, moved the half page of images to our Shorebirds category, and got motivated.

What assumptions are you making about your inventory? Do you have lots of images of trees but none of tree bark or leaves? Do you have lots of wetland scenics but few images of the plant life found within? You might be surprised and inspired. Get to work!

Using CSS to Create a Photo Gallery

CSS Experiments on showcasing your photographs, as a single image or in a gallery format, and I found a very simple, easy-to-understand explanation of how to use CSS to create a photo gallery from Web Reference.

With this article I hope to show you how to produce a professional quality photograph gallery using nothing more than an unordered list of photographs and a Cascading Style Sheet (CSS). I will take you through the styling one step at a time and end up converting an unordered list of photographs into a professional photograph gallery. Each step will be thoroughly explained and will have an example page showing the effect of the additional styling so that you can see what to expect.

The technique presented puts the images in a HTML list and then uses CSS basics and the hover style to create a photo gallery so when you move your mouse over the thumbnail, the enlarged version of the image will appear in the showcase.

This is a great technique which worked on only a few browsers when I first started experimenting with it, but with most people upgraded to newer Internet browsers, and so many people switching to Firefox, this technique will work across most browsers now.

Enjoy!

What Can You Photograph and What Can You Publish

Where and What You Can Photograph - Aspects of the Law", points to some really good articles discussing the legal issues and rights of where you can photograph, what you can photograph, and what images can be published. They are:

* USA Today - New digital camera? Know how, where you can use it
* New Media Musings - The right to photograph in public
* Photographer’s Guide To Privacy by The Reporter’s Committee for Freedom of the Press

Stephans sums it up really well on what your rights as a photographer are:

* You can take photos any place that’s open to the public. You can even be on private property and still legally take pictures. You might be trespassing of course, but that’s another issue.
* You can take any photo that does not intrude upon or invade the privacy of a person (if that person has a reasonable expectation of privacy).
* You can publish virtually anything if it doesn’t cast someone in an unfavorable light, or reveal private facts about them.

The USA Today article brings up a really good point. While it seems that everything and anything made today has to have a camera built-into it, including cell phones, cars, handheld computers, laptops, and more, the issue of where and when you can take pictures is going to get serious.

A blogger I know shot a picture in an office building. One of the tenants had boxes of medical records sitting around in an unlocked office, visible from the hall. He published a picture of the boxes, which started a little brouhaha: He didn't have permission from the building's landlord, someone said, so he wasn't allowed to take or publish the photos.

That turns out not to be the case.

What I discovered is that a lot of people have ideas — often very clear ones — of what is legal and what isn't, based on anything from common sense to wishful thinking to "I always heard…"

Other than that, if you're feeling nosy or just want to shoot unobtrusively, check this puppy out.

Trouble is, they aren't always right. If you've got a digital camera and like to shoot in public, it pays to know the real deal.

Start Your Own Photography Business from Home

Anyone with the right camera equipment, and the necessary skills can set up a home business, marketing photography. You need only to convert a room of your house into an office, and then you can work immediately.

With modern technology in the form of SLR digital cameras, you do not even need the room for a dark room. You need only to have a personal computer and a photo-editing program. The standard is Adobe Photoshop.

It is not necessary to clutter yourself with equipment you do not need. You can hire equipment on and when you need it basis. You have the freedom to work part time for a while until you can devote yourself full time to photography. All you need to be is a serious photographer. There are two types of photographers that makes their living from photography, the serious photographer and the very serious photographer. You can always bookmark this link and then you can quickly access just about all you'll ever need from here.

Whilst the technical skills needed to make a successful photographer have never been easier, other aspects have changed the business. The market for photographs of virtually every type has widened, the world seems to have an insatiable appetite for photographs. However the price has fallen as the marketing net has broadened. Photographers are needed in many more fields. For instance many people use car web sites, they simply did not exist ten years ago, and they sell their products as a result of photography. Cameras used by scuba diver’s are now an excellent quality, and whilst they are initially expensive, they have forged a new market. People celebrate special occasions more with photography, than they did years ago. The travel and advertising markets have a greater need for landscape, travel and nature shots.

It is now easier than ever to turn your dream into reality and create a worthwhile business out of an engrossing hobby. However in today’s modern world there is more to it than simply pointing a camera, and shooting a picture. You need to be aware of marketing techniques, and here marketing simply means transferring ownership of a product, in this case an image from a buyer to seller. You also need to be aware of any local gaps in the market in your local area. You should also try to be on top of your competitor’s prices, to undercut an existing photographer is one choice, but to neglect to value your skills and not charge enough to cover your overheads is another matter entirely. Remember this, its an important point.

Use your skills to the best advantage of the business and define what you want from it. Writing a business plan helps to keep you focused on the areas you specifically want to exploit. A business plan helps you to define your goals and strategies, it will be changed and updated, but it will help you, to keep things in perspective. You can then refer back to it when things become confusing or complicated. Everyone’s business plan will be different, as every objective will be different, but there are certain common factors that make up a good business plan which will help your business grow. It allows you to develop a professional attitude to your business, which not only helps you to increase your earnings, but also help you to finance your business.

For the photographer it should include, your business name, or your own, with full details of the proposed location of the business, a copy of your logo, as well as details of your copyright notices. What is the form of your proposed business (sole ownership, partnership, Limited Liability Company or Corporation). This should be followed by a table of contents, which focuses on a logical order. There are resources that will give you further details on such as profitable-photography.com

Included after this should be the type of business you intend to pursue, in a fair amount of detail, and it should contain the services you intend to offer. This section should include any future gaols or avenues you would like to explore, stating your clear objectives. This is so you can check at a later date whether your objectives are on course, or if you have got sidetracked.

If you envisage at any time you may need financial help, then you should include your personal business history.

You should also state a clear and concise marketing plan that should demonstrate how your business will differentiate from the businesses of your competitors. You should be able to establish whom your customers will be, as well as where your market will be, as in wholesale or retail or a combination of both. You should also be able to determine how long this type of market will be available to yourself.

The next section should clearly define your opposition, as well as their strengths and weaknesses. This should include the ways you may be able to exploit any gaps in the market in the specific area where you live. A section should follow this on how you intend to market and promote your individual services.

A financial segment should be included as to how you intend to manage the day-to-day bills of the business. How you intend to price your services, and what factors influence this pricing structure, which includes a section on your competitor’s financial structures. This means a fair amount of detective work as well as homework. Get your friends to ask from quotes from the local competition. Or try an even more direct approach, tell your competitor’s that you intend to start a new business, and that you do not want to undercut them, as this reduces the cake for everyone. They may well offer to help you construct a pricing structure that ensures everyone’s livelihood. It is in their interests to help. Not everyone will be cooperative, but it may mean you can get a truer picture of the market factors that govern your area.

Make a list of all the equipment you will need in your first year, as well as how and where you intend to purchase. Note any difficulties that may arise in obtaining your supplies. Note whether the prices of your supplies have a seasonal fluctuation, that may help you influence you when to buy. You should make a note of any local licenses that will be necessary, as well as any zoning restrictions, that may restrict the growth of your business. Your neighbours may not be thrilled at a procession of customer’s to your door, check whether they can restrict your services. Make a study of all your business insurance requirements.

The final segment should be devoted to how you intend to finance the growth of your business, as well as isolating what your financial needs will be. This should include a projection on your future earnings, as well as an accurate assessment of your outgoings’. This should be assessed on a monthly basis for the first year, and on an annual basis for the following three years. An important aspect of the financial statement is an assessment of the break-even point of your business, in other words the minimum you will have to take to pay your expenses.

The purpose of this documentation is to allow you to enunciate what the core elements of your business will be, in doing this it should help you to be able to quickly evaluate the success of your business objectives. If you are not clear on your objectives then you cannot possibly make a plan to bring about the success of those objectives.

Tuesday, November 28, 2006

Fujifilm Displays Face Recognition and Detection Ability; Available in new Electronic Photo Album

Over the six days of the photographic imaging festival, Photokina (held at the Koelnmesse in Cologne, Germany, from September 28th to October 3rd, 2004), a host of manufacturers and industry elites from around the world displayed their recent innovations, in the hope of advancing the industry and their place within it.



Fujifilm’s running theme was “Picture the Future,” led by advances to their Image Intelligence technology. Chief among them was the introduction of face-recognition technology, which enables users to group a sequence of images automatically based on facial characteristics and sort them into folders dedicated to a selected person. This feature is included in their new co-produced electric photo album. The technology that coincides with these features also offers the potential for automatic image corrections to portraits and landscapes, based on the “feelings” experienced during the image capture. The idea is that when a person captures a picture, they invariably experience an emotion from the scene or subject in front of them. Fuji’s new technology ambitiously aims to interpret the information contributing to that emotion and act upon the photograph to ensure those aspects of the image are retained.



Fujifilm’s describes their Image Intelligence technology in their press information as “an original system of image processing software technologies that are featured in a wide range of Fujifilm’s digital imaging systems.” These systems principally aim to “reproduce images exactly as they originally appear.” When I enquired about this at the Image Intelligence booth at Photokina on Wednesday, September 29th, I was told that the goal of this technology is to recognize when an “image is too blue or incorrectly reproduced and correct the image to keep the blue out or whatever element is necessary to replicate reality as seen by the human eye.” To mechanically realize these seemingly cognitive functions, Fuji has ambitiously developed three aspects of Image Intelligence technology that culminate in a new form of computational understanding: Scene Classification, Face Detection, and Face Recognition.

The Scene Classification aspect of Image Intelligence has been developed for advanced precision in recognition and interpretation of human subjects, structured landscapes, and extremely high-contrast images. The classifications and groupings help the technology optimize the image while preserving the qualities of the shot most natural to the human eye. Those who do not wish to expend vast amounts of time fine-tuning their images, can now rely on the technology to do it for them. If the technology is successful, it will provide an alternative to the photographic purist; Now, more then ever, people have the opportunity to remove themselves from the adjustment process, as Fujifilm’s Scene Classification technology will make decisions for the user with increased simplicity and accuracy.

Fujifilm’s Face Detection element is constructed to compensate for unwanted error in capturing the human form. Corrections are made to color and tone to minimize imperfections in skin, as well as potentially eliminate red-eye. The technology is capable of cropping or resizing facial information to ID size when desired. Passport photos have been captured with digital cameras for a while now, although previously, the user needed to format the image and shoot specifically for that purpose.



The third and perhaps most intriguing facet of Fujifilm’s Image intelligence system is the utilization of new Facial Recognition elements. The lineage of this technology stems from the field of medicine and security and now is beginning to offer increased simplicity within the realm of consumer photography. In tomorrow’s Fujifilm products, consumers will have the ability to sort their images by the selection of a specific person. The technology will be able to categorize a card or file containing hundreds of images based on selected constants within them, enabling the user to select a family member or friend from a menu and then view a folder of all that person’s images, regardless of the setting or other external factors. The technology functions by mapping the selected figure’s facial features. It determines the proportions and shape of each feature and its relation to various points across the face to identify and characterize the person. This technology is said by Fuji to be accurate down to distinguishing between twins and family members who may share many of the same facial features. The stated practical applications apply to the ever-increasing amount of storage; with 4GB cards recently released, sorting high volumes of files and cards with overwhelming mounts of images is now a growing concern.

Some Pretty Revolutionary Stuff - that is really not all that revolutionary...

What I mean is: in the past few months I've been able to work with Apple on changing my workflow in ways that have the potential to make my life incredibly easier on so many levels - the irony is that most of the tools that I am using have been around for years. When Apple announced that they would be entering the world of Still Photography with their announcement of Aperture - that was a really good thing for all photographers everywhere. While some are worrying about the impending demise of our craft - Apple clearly thinks otherwise. One of the great developments is that Apple has changed the way they develop their software to adopt to the way we as photographers work - for one they have included a "provide feedback" menu item in their software. While that's far from "revolutionary" - it's the first time they've ever done this with any piece of software they've ever released. More importantly - they've sought out the feedback of a wide range of photographers and are listening - and responding.

I was lucky enough to meet with Apple when I went to PhotoPlus Expo this Fall and quickly became intrigued with Aperture. At first I was floored. Then I lost interest and was in fact turned off by a few things. And now that I've gotten to know the software better and that I better understand its strengths in areas that were overlooked by most other software to date, I use it for almost everything I do. I'm not going to talk about Aperture though in this article - instead I wanted to share some stuff that is not as well documented that I think could really make a few of your lives easier. And the kicker is that everything is either free - or relatively cheap.

1. Let's start with the simplest way to improve your workflow - and cheapest - it's free and part of OS 10.4 - Automator. Automator is a powerful scripting app that allows you (or more to the point your computer) to perform repetitive tasks quite easily... it's Apple Script on steroids - with a much more user-friendly interface. I use it for many things and most often in combination with Transmit - a cool FTP app that I never really used until now. I've been using OsXigen and Fetch for years - but I've recently made the switch to Transmit because of its Automator integration - and that made me purchase it in a millisecond. The Automator actions/capabilities come with the App. (There is alternatively a free Upload to FTP Automator application that you can download at: http://www.apple.com/downloads/macosx/automator/ and many others at http://www.automator-actions.com/ just so you know.)

I also use Transmit because it also offers a nice little widget plug-in and is incredibly stable and informative on the progress of your transmission and upload speed as well (which is the reason I chose it over the free Automator FTP actions.) The scripts I describe below are also available for free on my site in the "Resources" section (http://www.laforetvisuals.com) - and I welcome SportsShooter.com members to create their own scripts and share them with everyone.

The script you'll find on my site can be used in many many ways... and is highly customizable.

For now - the simplified version can be applied to a "hot" folder... i.e. whenever you export an image from Aperture or CS2 or any other application into this folder - the files are instantly transmitted in the background to the site you specify in the script. In fact you can alter the script and have it:

a. Copy the files into an "Originals" folder (that you create somewhere on your desktop) so that you can save your JPEGs at the highest compression settings from your editing application for archival purposes

b. Copy those files (using the Move Finder Items" in the Automator lists of actions for the finder into another folder - where they can either be compressed at a lower setting or first downsized and then re-compressed at a low setting - so they can be sent faster over a slower Internet connection or when you're on a very tight deadline.

c. The script will then move the files to the a "Sent" folder you create and label them in "green" so that you know they completed the entire cycle of the script successfully. I even added a little text action at the end that speaks to you to let you know that "Files are Sent" or " xxxxx" whatever you want your little machine to say to you... and you can even pick the voice. You can of course create numerous versions of the same script - one for high-speed connections for example and other for slower speed connection or very tight deadlines that you apply to a separate "hot" folder...

This action/workflow is highly customizable - and can be made to send the same file to a variety of servers at once (all with different compression and size settings - even watermarking) or can be saved as a finder action - which means you can "Control - click" or right-click on any image / file / folder on your desktop - and go down the Automator section of the pulldown menu and find the action you previously created - and boom once you release on the appropriate script your files are off!

Why do this? I'll tell you one of the things that slows me down the most on deadline is opening a file up in Aperture / Photo Mechanic / Photoshop - exporting it to my folder - and the switching to the finder - hunting down that file - and dragging and dropping it over to my FTP window. I invariably lose track of which file has or has not been sent - and if my connection drops I often don't know where I left off... with these scripts you don't have to worry about it. Simply Right-click on your photo in Aperture - and Export the Master or Version to your hot folder... and the file is automatically sent. If you need to do some careful localized adjustments (such as dodging/burning or layering) in Photoshop - then create an action there that will automatically save the file (and close it once it's saved) to the same hold folder. Again - off it goes in the background. You can continue to edit your next photograph and not worry about dragging and dropping that file in your finder onto your FTP app - the computer is doing that for you.

The beauty of this for me - is that it's all built into your OS software (if you're using a Mac and the Tiger OS of course...) you don't need to buy anything - and you really don't need to be an expert in the Automator application. Spend a few minutes looking through the scripts that you can download from my site and you should be able to get a handle on the scripting rather quickly. It's highly intuitive once you get it - like most apps. And there are an unlimited amount of free actions out there for all sorts of software. This will allow you to set up six different folders on your desktop - one for each client you regularly contribute to - with different compression / size settings, ftp addresses, naming conventions associated with that client - you name it - Automator can do it. So when you're ready to submit your file just drag it onto one or three or all of the appropriate folders - and the computer NOT YOU takes care of all of the resizing and FTPing - while you spend more time enjoying your life. In fact you could always make a seventh folder - which you drop the file into - and Automator will then copy the file to all six folders for you - one at a time...

2. Let's take a look at the most expensive of the bunch ($250 or so) which is really quite cheap given how powerful of a tool it is: Apple Remote Desktop (ARD). This software has been around for ages - and it's mostly been used by IT people who want to check the status of their servers from home - or who want to fix or update computers around the office without leaving the comfort of their chair. The idea is simple - and just as importantly the software capability (to receive ARD commands) is built into everyone of your OSX 10.4 system preferences. What you can basically do - is to control your computer remotely. In my case - I can (and am in fact doing this as we speak) browse my Aperture Library on my computer at home from a moving train (via my Verizon wireless card.) I can export files to my ftp server or my PhotoShelter (http://www.PhotoShelter.com) account (using my home's Cable Modem connection instead of the Verizon connection on my laptop on the train.) I can check my e-mail, or get an address. I can in fact do pretty much anything that I could do were I actually sitting at home in front of the computer (with the exception of plugging and unplugging drives etc... obviously.)

So why would you care? Have you ever DESPERATELY needed a file that's on your computer back at home? Have you ever tried calling your wife in a panic or friend and begged them to find that file or CD for you on a computer with software that they are unfamiliar with, and to get them to FTP it to you or e-mail it to you - and you need it within a few minutes from now or you're dead??? Have you ever told a client that yes "I've shot that person/thing before" and wanted to show them the image right then an there? Would be pretty cool no? If the image is already in PhotoShelter, it's easy. But if it's not, with Apple Remote Desktop you can still access files on your computer at home.

In fact if a client calls you and wants you to sell them a file - you can log onto your computer at home and upload the file... when you're on the road thousands of miles away...

The only limitations that you need to know are:

i. Your computer must be on (you can set it to turn on and off automatically on a schedule btw - go to your system preferences and to the "Energy Saver" window - on the bottom right you'll see the "Schedule Tab."

ii. You need to enable Apple Remote Desktop access in your Sharing Preferences in the system preferences. (Enabling ftp access and Remote login will help you do other things as well.) Please note that this DOES open you up to certain risks - if someone knows you username and password - they can get into your computer. What I've done is to create a special account (under Accounts) for this with limited access - and told Apple Remote Desktop to only allow users to log in under that account.

iii. You need to know your IP address and your computer at home cannot be behind a firewall (or make sure your firewall settings allow you to have certain ports open to use ARD or talk to your IT people and ask them to help you set this up - I'm not going to get into that here - because frankly it's seldom a problem for me and a bit too complicated to get into.) When you try to access your computer at your office - you likely won't be able to get through unless you get the IT people to give open up access to you computer.... this is also true for stadiums etc - while most won't block incoming traffic some will have firewalls, and some cable modems, and most WIFI routers do have built in firewalls etc. If you're trying to have you editors access your computer while you're on the road - you just need to either ask to have a static IP address assigned to you when you order a line for a big event - or need to meet with the IT people to make sure they know you want to have your editor access your computer remotely - and they should be able to help open the proper ports and unlock certain security measures. Even in Torino for the Olympics - where everything was "NOT POSSIBLE!" - we were able to get this done with a little begging and charming.

If you are simply trying to access your computer at home - you likely won't have any problems at all (as long as it is plugged directly into your cable modem or DSL connection.) Again - whenever you put something in between the two (firewall, Airport, router) it complicates things - but you'll just need to spend a little more time configuring it to work long-term.

So how do you find out what your IP address is? Simple: Go to "http://www.whatismyip.com - that's it. It will give you a number such as: 70.192.159.194 - that is your address. And in fact you can log onto your computer at that address from anywhere in the world - even if you don't have "Apple Remote Desktop." Simply press Apple + K when you're in the finder - of in the finder under the "Go" menu - "Connect to Server." As long as you remember your computer's username and password - you can browse all of your files on your computer right now - and download them etc. The only limitation is the upload speed of your home connection (most important factor) and the download speed of your computer on the road.

(A few notes: IP addresses and networking are not the most intuitive thing at first - it frankly gives me a headache. But you need to understand one simply principle: there are a few different types of IP addresses:

1. Some are "private IPs" that cannot be accessed from the outside world (for security reasons.) i.e. you can access other computers within your office, while others from outside your office cannot access you.

2. Some are "public IPs" those are the ones I use - they are the ones that lead you straight to you cable modem and computer - if you put an airport or ethernet HUB or other device between your computer and cable modem - it complicates things - because it may in fact be giving out a different IP and not your computer's... so to keep it simple for the first time you do this - plug the modem directly into your computer and see if this works. Long term - it is MUCH safer to have such a device between your computer and the Internet as it will add a layer of protection between you and hackers worldwide...

3. Some are "static IP addresses" and those are the best. Most ISP will give you one if you ask for one - and others may or may not charge you a fee - the nice thing is that address is permanent... more on that in part iv.

4. There is also a service you can look into: http://www.no-ip.com that gives you yet another alternative...

iv. If you are simply using your cable modem - your IP address will change every once in awhile - or when you reset or unplug your modem for example. There is a great little utility however (that I set to start up every time my machine boots) that will actually e-mail you your IP addresses whenever it changes. It's called Ipanema and can be purchased for all of $5 at http://www.ifthensoft.com

So that's that - it's the most complex to get through the IP/Networking/Firewall issues at first - but well worth it for me. It's already saved my bacon a number of times. Not only can you use this to go fetch files on your computer back at home - but you could also use this to have your editor back in New York access your computer in Beijing at the 2006 Olympics... they could copy your files over - browse them in any editing software and well - do everything you could yourself - but REMOTELY - while you continue to shoot... the only limitation again - is the speed of the internet connection. It's a bit slow on my Verizon card on a moving train - but more than bearable. The alternative is Fedexing a DVD/Hard drive to you... and that's not nearly as quick...

3. Another very very nice way to do this is to store your files on PhotoShelter, an online archive and image distribution system started by the same guys that started SportsShooter.com. If a client wants an image fast, and it is already in PhotoShelter, sending an image to them via FTP directly from PhotoShelter takes advantage of their super-fast network, and doesn't limit you to slow cable modem or DSL upload speed. You can even send multiple files at once... try that at home!

Another nice thing about PhotoShelter is: if your hard drive fails, your home is flooded, or you scratch your archive DVD - you have them backed up on RAID servers (mirrored) on the US East and West Coasts - so even if LA falls into the ocean you're cool... and your archive (i.e. life's work) is not only accessible, but also safe.

4. Speaking of other ways to "be prepared for the inevitable disaster" that will always occur at the worst possible time - i.e. your hard drive fails when you are on the other side of the planet - it's a good idea to create Disk Images of all of your software installation disks (good in case your 2-year old scratches your original installation disks too) - you can do this with "Disk Utility" which comes with OSX - or use other software such as "Super Duper" or "Carbon Copy Cloner" or even "Toast." You can then either:

a. Store them on your iDisk on your .Mac account.

b. Store them on a flash drive/jump drive/external hard drive whatever - that you travel with.

c. Even on your iPod.... which you can in case you don't know mount as an external HD - it's a hard drive in the end - so if you're ever desperate for space - erase the "Lost" video episodes on video iPod and you've got 60 gigs of space... I also always travel with a CD copy of Disk Warrior in case my computer crashes - and I need to try to recover the hard drive.

Even if I have to re-format the drive - I will have my installers on any of the above devices - and can be back up an running on my (or someone else's machine.) It goes without saying that you should of course copy your serial numbers onto a text file that goes everywhere with you - or put them in your address book...

5. I don't know about you - but while getting a new machine is a joy at first... transferring all of my files, folders, applications etc - can be a total nightmare... finding all of the serial numbers etc - ugh. Most of you know this already - but for those who don't - Apple's Migration assistant will do this all for you - automatically... so when you "migrate" from your current machine to the next - it'll be easier than ever. The assistant can be found in your Applications / Utilities folder...

6. The Olympic Workflow: I'm not going to go into this much - because an article has already been written about it on Apple's site - and I've also included instructions and a link to that article on my site (http://www.vincentlaforet.com) under the "resources" section - with pretty good instructions. You can download the scripts from there as well btw - all for free. The idea here is that we developed a script that allows you to simply stick your disk in an "Voila!" You're done. The script does the following all on its own without a single push of a button on your part:

i. It copies all of the files from your CF (or other card) onto your computer automatically.

ii. It then separates the RAW files and JPEG files if you're shooting in JPEG + RAW mode - and puts the RAW files into a separate folder.

iii. It then copies the JPEG into a dated/time stamped folder into your PUBLIC folder in your Users folder on your computer - into a High Res Folder (the typical JPEG file from a Mark II is 2-3 MB)

iv. It then creates a new folder and then scales down the original JPEG files form the High Res folder and saves them as more highly compressed JPEG files into the Low Res folder - this takes the large 2-3 MB file and creates an 1100 pixel-wide image that is saved to around 40-60K! That means that your 4 Gig card can now be downloaded by your editor by dragging the Low Res folder (which is anywhere from 5-8MB) instead of 4 Gigs! Obviously saving you and him/her a HUGE amount of time.

Obviously this ties in right into the IP instructions I mentioned above. The editor need not have ARD - but can simply log onto your computer once you provide him with your IP Address and username and password for that account (that only allows them to access that public folder - not the rest of your private files on your laptop.) Part iv. can be modified in anyway you want - and you can set the settings to scale the images down or up - and set your own compression settings. We found that 1100 pixels was just right and that a 50-80K file was more than good enough to judge if an image was sharp or not... Step 4 can of course be completely skipped if you're lucky enough to have a very fast connection from your shooting position or editing room (i.e. a T-1 or T-3.)

And the script can do so many more things. It can be modified to do unlimited things - such as automatically sending the Low Res Folder to your ftp site (or your office's) followed by the High Res Folder (if you have a fast enough connection/time.)

I hope this helps some of you - I know that it has really made my life so much easier. These actions are not limited to photography btw - you can also create one for resizing an image automatically and applying a watermark and automatically putting it into a new "Mail" message... just with the right-click of a button (or control-click) on the file in the finder...

Good luck and have more fun enjoying your life and making photographs - and less time behind the computer!

Pentax digital camera concepts

At the Pentax booth the new Pentax K10D draw quit a lot of attention which is honestly not surprising. We believe Pentax has an interesting digital SLR that is able to conquer an impressive market share in the segment of 10 Megapixel digital SLR cameras. Although the Pentax K10 is their latest introduction, other products drew our attention. Pentax showcased some digital camera concepts which were quite interesting.


Pentax digital camera concepts

Pentax L-size digital camera concept
What about the Pentax L-size digital camera concept which is a concept idea to develop a digital camera with an integrated photo album. This concept is created in 2002 and was developed to find out how to integrate a large format 3-inch LCD display into a small compact camera and change the operation of the camera by incorporating a touch-screen function. What began as a concept lead to the production of the Pentax Optio T10 and T20 cameras.

Pentax Digital K concept
Another interesting digital concept is the Pentax Digital K. You may heard of the Olympus E-330 DSLR that offers 'live view' with digital SLR photography. Well in 1997, yes that is almost ten years ago…, Pentax studied on a concept that actually had the same basic idea as today's digital SLR cameras with live view mode. The Pentax Digital K concept is a digital system camera with interchangeable lenses and supposed to offer full features of a digital SLR camera. A digital SLR camera with live view…. almost ten years ago!

Pentax Optio T-series
The Pentax Optio T-series offer touch-screen and a large monitor. These digital camera models are today quit unique and offer a simple, almost intuitive operation just by touching the screen. Back in 1997 the engineers of Pentax worked on a concept that basically had the same idea as today's modern Pentax Optio T10 or T20 camera. The digital camera concept exists out of a large monitor and a compact ultra-thin housing.
Pentax digital camera concepts

Pentax Twinz digital camera concept
You also may have learned about the Kodak EasyShare dual lens concept. A digital camera with two lenses integrated offering extra wide next to an optical zoom. The Pentax Twinz digital camera concept was developed in 2002 and had the same basic idea; develop an ultra-small digital camera with two integrated lens systems. One for the optical zoom, the other for an extra wide angle offering a total of 4x wide zoom. Why this concept did not make it to a final stage only Pentax knows…

Pentax X-Change concept
The last digital concept we would like to introduce you to, is the Pentax X-Change concept. This concept is developed to create a digital SLR concept with the same compact dimensions of a compact camera. The Pentax X-Change was created in 2002, and is a very interesting idea. The Pentax X-Change is a body with ultra-thin dimensions, an integrated pop-up flash and interchangeable lenses. It sounds like a digital SLR, isn't it? However, the lenses of this concept all have integrated CCD image sensors offering a variety of focal lengths. Brilliant or?
Pentax digital camera concepts

Pentax concepts - Innovations
The concepts proof that manufacturers are often much further ahead with their ideas and innovations we normally tend to think of. These digital camera concepts show us that some of the ideas were at that time just not ready for the mass market, but some details we now actually see in today's line-up of digital cameras. Imagine today's concepts of all the major brands… what innovative feature or revolution idea is already out there waiting for its turn to be unveiled?

Shooting Inside Places of Worship

On a related note, some people believe that you shouldn't take pictures inside of churches, cathedrals or other religious buildings. This is most commonly seen in European countries, although it does come up in third-world countries' bigger cities as well. What you'll find is that the more tourists there are, the more restrictive it is to shoot inside. Why? The most common reasons are that it's disrespectful, and the flash can damage the paintings. As for respect, churches (especially larger cathedrals) have no such edict in scripture or tradition that says that artistic reproduction (photographs) of the House of God is disrespectful. In fact, the Catholic Church has always advocated the practice of imagery—especially of its architecture and icons—as this serves to "spread the word." As for flashes hurting artwork, that's simple: a flash usually bursts for 1/250th of a second, so it would require 250 people to take pictures continually for hundreds of years in order to get the same amount of light that a normal overcast day would put in a church. So, it's not about damaging art work.

However, there are very good reasons for not photographing inside of a church or other such buildings. First, churches with many tourists have a lot of people that are not there to worship, interfering with the local few who are. It's not too hard to keep most people quiet, but having a lot of bursts of light can be really distracting to someone trying to communicate with the almighty of their choosing. Secondly, and try to take this for the economic reality that it is (and not the cynical voice of a photographer), churches make a lot of money selling postcards to tourists who can't take pictures for themselves. I've spoken to many clergymen at such churches about this edict, and they freely admit—even brag—about how much money is made on postcard sales when photography is restricted. If you still think I'm just being cynical, let me also point out that this is a good thing: churches often need more money than they can raise on their own, and if they can do it by selling postcards, then more the power to them. It's just sardonic to see a church telling a white lie just to make ends meet.

Back to the point though: most churches have no problem with your taking pictures. In fact, this is more the rule than the exception. In any event, you should always respect the rule of the land, as it were, and don't try to skirt around them. You'll find your photos to be far less interesting if you have to "sneak them."

Alternatives to Payment

An alternative to payment for photography is to pay them for something else. You can buy products, artwork, or even "chores", for example. On one occasion, I paid a group of kids to clean up the garbage from a street corner so I could take a picture of the scene. They were so happy to be in the shot because they were proud of their work and the fact that they earned some money. Here, everyone is happy, and the idea of photography is the last thing on their minds. Reinforcing productive behaviors and boosting self-esteem has much more positive and a longer-lasting impact.

Working Within Established Social Norms

In most cases, the established social norm will already have been set by the time you arrive, and you may not even be given a choice in your decision. In heavily touristy regions in poor countries that have been exposed to Western tourism, most people will demand money for photos, and whatever you choose to do (cooperate or not) will not have any effect on that society. Most tourists go to Rome and do as the Romans, and there's no way to reach enough people to affect change.

So, paying for photos in this social climate is not objectionable, per se, although it is quite sad. Hence, I don't have a problem with this, but I must say, from a purely photographic standpoint, such situations rarely yield good photos anyway. Sure, upon first seeing people in a striking environment, you are tempted to snap away, but after you see beneath the surface and get to know people, you may find these initial "paid-for" photos to be inferior to those where you've engaged and become familiar with a chosen few. (And if you do that, chances are, they won't ask for money anyway.)

Arguments Against Payment for Photos

Regarding the question of "fairness", and that Western "models" are paid (sometimes quite a bit) for their photos to be taken, it's not exactly a comparable context: models have their pictures taken specifically for commercial reasons, and they know it ahead of time. It's a well-established business transaction. Models are also paid different amounts for different uses, and even in some cases (such as charitable organizations), some allow their photos used for free. Far down the ladder from the commercial side of photography, people often travel for documentary purposes, in which case, it is not only discouraged to pay for photos, but your photos won't be "accepted" (or considered to have journalistic integrity) if it were known that people were paid.

The increase in tourism to Cuba is a good example of how complex the problem is. Because of the duel-economy system Cuba has adopted, the government pays people in pesos, but most everyday items are purchased with US Dollars. Furthermore, the exchange rate between the two is disproportionate. This has the effect of people favoring activities that earn dollars over pesos.

Accordingly, people go where the money goes, and the trail starts at tourism. Whether that's selling artifacts, driving taxis, or (you guessed it) asking for money for photos, there will be a request for dollars. Asking for a dollar for a photo is easy compared to working in a factory for $0.20 a day (in peso-denominated currency). What happens to local work ethic in a society when people are less willing to have a job than to sit on a street corner and ask for a dollar for a photo?

Stuck in the middle of this confusion? What does this person do when approached to pay for photos? Which side of the argument is right? The truth is, both sides have legitimate and persuasive arguments. Therefore, it all comes down to where on the spectrum you are when you are faced with the issue.

Payment for Photography

Anyone that travels frequently will invariably run into basic textbook social issues with photography. Most common is the confrontation you may have with people who demand that you pay them to take their pictures. This usually happens in poorer third-world countries or pockets of poverty in developed countries. When money is scarce, any means of income is sought, and tourism is often the best and easiest source for money for the least amount of effort. Although there are the clear economic benefits tourism brings to developing countries, there are also disadvantages that can get out of control, which often go hand in hand with an increase in crime, the erosion of the work ethic, or the reduced perception of the need for education. (The latter two are the basic economic foundations for real productivity growth.) When people ask for payment to get their photos taken, the controversy begins.

Paying for Photography

If you're going to pay to photograph someone, make the most of it. Ideas include: organize a format shoot, bring in other photographers, set up the scene, use props, pose your subjects, and most importantly, shoot a lot of pictures. It's an excellent opportunity for subjects to express themselves, either by their clothing, their belongings, or their surroundings. This may also be your only opportunity to get a really close and personal portrait of someone that would otherwise not give it to you.

When tourists find themselves in such situations, they often feel compelled to "help", and the most immediate reaction is to give money directly to people. Others claim that by paying for such things, you are perpetuating a problem making it harder to solve. I cannot help you with what you may perceive to be an ethical or moral dilemma, but suffice to say that, by the time such a problem exists, it's often a sign that weaker economic conditions and social deterioration has already set in, and opportunity for reversal is nearly moot.

Should you pay to take a picture? Under what conditions? It's not always easy (or possible) to discern when it's appropriate, or if you're contributing to a society's own problems, albeit with the best of intentions. The water gets muddier still when you consider the differences in Western perceptions of payment for services, or our attitudes about helping the needy.

Two Steps to Developing Intent

People often associate photography with the skill of taking a photo just at the right time to capture what appears to be an arbitrary—but meaningful—moment in time. This is often deceptive to the common viewer because they often attribute the photographer as being lucky. "You shoot a zillion shots, and one of them is bound to be good." That's true, but it isn't till you've shot zillions of zillions do you find that your yield of "good" pictures starts to improve. This is because at some point along the way, you realize that it requires getting closer to your subjects, both figuratively and literally. Once you achieve this, you begin to develop the second step of developing intent: refining the kinds of pictures you like, and trying to repeatedly get those kind of shots with each successive trip.

To some, a candid "grab" shot is the same as a "snapshot", but it is entirely different. Though a "grab-shot" may be taken quickly, it's quality is measured by its emotional impact on the viewer: a facial expression, the subject's juxtaposition with the background, his interaction with the environment or other people. This is the direct result of intent. By comparison, a snapshot usually lacks these features, and instead has lots of wasted space (parts that don't contribute to the image somehow), poor composition, or worst of all, a yawning viewer.

Summary

Now's the time to wrap it all up into a quick, summary package. The bottom line to all of this complicated mess is this:

[1] There are two laws to consider: those surrounding privacy and commerce.
These are exceptional cases that most pro photographers don't run into with the exception of the paparazzi (who shoot celebrities for tabloids). It's usually the case that it's everyday people who are angry with someone that violate these laws. That, or a misguided company practicing overbearing security measures who get caught up in problems like this. Rarely do real photographers have this problem, and accordingly, this entire chapter assumes you didn't violate anyone's privacy to get the photos you took. (Examples include breaking into someone's house, or using a hidden camera at work.) Also within the privacy realm is the issue of libel—that is, whether you said something defamatory or untrue about someone. This is often more associated with text, but photos can imply libelous intent. Again, this is rarely a problem for photographers, since it's usually only their intent to license appealing pictures, which rarely involves text.

As for commerce, people have a right to be compensated for when their images are used in association with a commercial process or product. For that, one needs a release, but this is far from a straightforward issue. In fact, it's so curvy, that this is usually where the internet rumor mill opens up, where just about everyone gets it wrong. So wrong, that they get themselves in more trouble by trying to protect themselves from something that they shouldn't have worried about in the first place. The bulk of this chapter focuses on this subject.

[2] It's legal to take pictures. It's how they are published that matters.
Assuming that you're not breaking any laws in the process (that is, breaking into someone's house), it's always legal to take pictures. Exceptions are private properties, military installations, etc. Security guards are the most likely of people to try to stop you from taking photos, and while they are almost always wrong in their interpretation of the law, the fight to be right may not be worth your while.

[3] Publishers are culpable for how images are used, NOT photographers.
If you haven't done so, immediately read Model Releases: Who is Responsible?. That short(er) chapter basically encapsulates why releases are necessary, and who is ultimately responsible if an image is used improperly. The reason for getting model releases is not to protect you, it's to protect those who ultimately license the photos from you. If it were that simple, why do photographers care about getting people to sign model releases? Because more clients will buy a released image than an unreleased image. Therefore, getting a model release is ultimately business decision, not an act of self-protection. (Yes, exceptions exist, and that's also discussed here.)

Note that because not all uses of images require a release, you don't need to have photos released just to sell them. Unreleased photos of people have a more limited scope of usage to editorial, but that's still a rather sizable market. In fact, many would say it's a much larger market than commercial images, especially for independent freelance photographers who are not represented by an agency. As for the release itself, the only thing you need to disclose do is whether a photo has one or not to whoever licenses it. They can decide whether they want to use the image based on their interpration of commerce laws on their intended usage. (It's not your job to interpret the law, since you're not the one publishing the photo.)

[4] Suing someone is expensive!

Even if you are worried about yourself, the practical reality is that no one is going to sue you unless (a) you have a lot of money that can be taken, and (b) they have a lot of money to spend on the suit. For someone to bother with any suit, they need to have a strong case, or risk losing a lot of money in trying. And because of (2) above, they aren't going to sue you, they're going to sue whoever publishes the image in question.

Ok, so that's the summary—the simply-stated bottom line. If you're not a professional photographer, you can probably just stop here. (I'm surprised you even read this far.) But, if you are a professional, it's important to understand the subtler nuances of all of this to better plan for when and how you should do business with those who wish to license images from you. If you skipped to this section from the beginning, you may want to return there, since the rest of this summary assumes you've read the chapter.

Returning to the photos of the school soccer game portrayed at the beginning of this chapter, maybe you can now answer some of these questions yourself. If you want to license some to the local paper for a news story, now you know you could—without a release. If you want to sell prints back to the parents, again, you know you can do this—without a release. If the school wants to put your pictures on its website, you know it can do this—without a release. However, if you want to use the pictures for some sort of ad, promotion, or statement, that's another story. For these, you need a release. Or rather, the publisher would need a release. And, because they do, they're not likely to license the photo from you unless you already got that release ahead of time. So, that's why I use the phrasing, "you need a release." So, the first thing to learn is the set of conditions where a release is necessary, and when one isn't. Complicated, to be sure. But, not impossible.

The second-most important aspect we examined the Risk/Reward Analysis. Here, the lesson is that you can't just look at things at face value, whether something is strictly legal or not. You have to look at the more practical, real-world considerations. For example, if one of the parents has a problem with your showing his kid's face in print, your biggest problem is probably going to be social concerns, not legal ones. No doubt, such an event will cause a stir in the community, and if you're going to have a business selling pictures, this isn't going to bode well for you. Even though you're legally allowed to publish these pictures in many contexts, chances are that you don't want to be pursuing this line of action. The "risk" here is that choosing the path of being "right" isn't necessarily good for business.

Conversely, there are many cases where using a photo would require a release under strict interpretations, but because the "risk" of any harm being done is too low to avoid the use. The example cited in the chapter concerned the photo of a kid on a beach taken in Miami, but the photo was used for a small local ad in a small San Diego flier.

The examples I gave are simple, but as I mentioned at the start of the chapter, most situations aren't as cut and dry. And while most consumers don't run into them often, pro photographers do, and as such, you must get used to having ambiguously wide, grey lines on whether a release is required for any given subject or use. That said, just about every situation has a pragmatic side that will help you determine the best course of action anyway. In some cases, that may be that you don't use an image that you are entitled to, or it may mean that there's no harm in using an image for which you "technically" need a release. So, while the technical details are critically important to learn, it's impossible to put them into use without a pragmatic voice that interprets circumstances for the reality that they are.

There's no way to teach pragmatism. It's an offshoot of common sense that comes from empirical experience in life. You either get it or you don't. One way to determine if you're not being pragmatic is, as described above, you find yourself constantly worrying about whether you need a release for one photo without thinking about the checklist items at the beginning of this chapter. If you find yourself looking for literal interpretations, you're not be pragmatic. If you're trying to pin-point specific arguments for or against something, you're not being pragmatic. There's certainly nothing wrong with contemplating the subtler nuances of the law and having thoughtful discussion about it, but if it affects your decision-making on how to move forward with business, then you're not being pragmatic.

Lastly, don't assume I'm suggesting you be carefree about the issue of releases. I'm not—you can make as many bad decisions by being too lax on the matter as well. Pragmatism is finding that reasonable middle ground where the costs and the benefits are in balance.

Photos on the Web

Just as with music, photos are also protected by copyright, and because you own your photos, there's no question you can put them on your website without violating copyright. But, when it comes to model releases, the question of "private use versus distribution" requires looking at other factors. As usual, we return to use. Because the ability to sell photos in editorial contexts without a release permits unreleased photos, you are allowed to display them as such. Where it can get sticky for pro photographers is whether the photos can be construed as being a form of advertisement, or advocating a political or religious position. This can be a problem for photographers who specialize in certain kinds of industries, like religious photos or political stock photography. The more specific you are, the more risk you assume. The more general you are, the safer you tend to be.

It has been questioned whether photos on a website constitute a form of self-promotion (i.e., advertising) because your site is something like a portfolio. Yet, this has never been tested in court, so at this point, it's merely conjecture. That said, it's another question of where along the spectrum a website may lie if it portrays images: is it a portfolio, or are you presenting material in an editorial context, or are you making photos available for use by editorial clients that do not need releases to license? Until a true precedent is established, I would assume that eventually a judge is going to look at cases individually and decide independently based on context.

Art, Books, Exhibitions, Presentations, Etc.

Speaking of the First Amendment, we now get into the stickier subject of Art. For the most part (in the USA), artistic exhibitions (and publications) are considered editorial and are usually protected by the First Amendment. So, you could publish a print of your pictures of the soccer players at school in a book, but that's not to say you wouldn't get a knock on the door late at night from a big ugly dude named Bubba. (Or worse, a big ugly woman named Bubba.) Here's a great example of where legal uses of images are often better handled by having gotten a release anyway.

It was thought at one time that the one exception is a book cover, which was considered commercial in nature because it's considered the part that "sells the book." But it turns out this isn't true either. According to the 11th Circuit court, which ruled on July 18, 2006, that amazon.com did not violate a person's right to privacy or commerce simply because the photo was used as the cover of the book, and that amazon.com displayed it on their website. (The court case and the circuit's opinion is written here. Many have argued that this is similar to posters and postcards, but it's not always so easy to draw such parallels. Rights of publicity are generally created by state statute, but as you can see, the federal courts can intervene, and it depends on exactly what the statute says and how the courts interpret it, before a judgement can be made.

Granted, this is not giving you much solid advice to go on, which itself should be a lesson: there is no solid advice. There are only guidelines. The main point to this section is "art," and in that context, the courts almost always rule in favor of no release, because they like to give art precedence over commerce in the event of a tie. And therein lies your judgment call: is the use more art (or editorial), or more commerce? An advertisement is easy (commerce) and a photo book is easy (art/editorial), but the stuff inbetween is dicier.



The exception to when "art" isn't really art, brings us back to the example where you have a portrait studio in a shopping mall. Remember my point about posting a photo of someone in the store to demonstrate your work? That's a commercial use because you are promoting your business. Here, the photo—or "art" in one of its forms—is being used in a commercial context because it is very specific to the nature of the business. This is quite different than a restaurant, where artwork is not so clearly a part of the establishment's "business model." Here, it's more widely accepted as being part of the decor. (One can argue that decisions to eat at a place aren't based on its artwork.) What's more, it is generally accepted that eating establishments have always been venues for art. This de facto standard has been established long ago, and courts usually uphold such traditions.

Art exhibits—and indeed, the sales of photos as artwork—are exempt from requiring a release from subjects that happen to be portrayed. Courts have decided repeatedly on this matter, including those situations where other potential conflicts may be intertwined. See this New York Post article for a case in point.

However, an exception may apply if the exhibit were displayed in, or underwritten by, an organization in a way that would make the exhibit appear to be more of an advertisement than an actual art exhibit. For example, American Express, the credit card company, once sponsored an exhibit of photographs from Annie Liebovitz, where her portaits of famous people were portrayed. Under each one was a copy of an expired American Express card that was once held by that particular celebrity. Clearly, the exhibt was intended to promote the card, so model releases would be required from each of the celebrities.

A less clear case would be if there were an art exhibit sponsored with an effort to raise money for AIDS research. Here, the legality isn't so much the case as whether it would be in good taste to exhibit photos of people who may not want to be affiliated with the cause, or associated with the disease. Someone who wanted to bring a case would probably have many positions from which to launch. The lesson again is, don't oversimplify. You need to look at the broader context and think objectively.

Overhead presentations are subject to similar constraints. If it's for commercial use, the images might have to be released. But here's a case where pragmatism comes into play: presentations are to screened in front of such a small audience, and usually on a one-time basis, that acquiring a release may be overkill. Of course, this equation changes if the presentation occurs more often, to wider audiences, or is underwritten by a high-profile entity.

Property Releases

A "model release" applies to people, but a "property release" applies to buildings or real estate. (Technically, the wording is similar, but references are made to reflect the specific property.) Such releases are necessary for using photos of a private home or even a public business, but the restrictions apply here just as they do with people. The issue of identifiability is still in play as well. In general, people's homes, buildings, or other structures tend to be unique enough that it's easy to identify a particular property among others. But, the Fair Use clause applies more often because structures tend to be visible from public land. So, again, use has to be taken into context.

For example, you can take a photo of Ross Valley Winery and sell it to the city who's making a publication titled, "Directory of Ross Valley Businesses." The winery has no claim here, since the photo was shot (presumably) from the road on public land, and the photo is being used in a non-commercial context. This is a classic example about the Fair Use exception. However, the same photo cannot be used for a book called, "History of Mondavi Winery," since the photo is not of that particular winery. Using the photo of Ross Valley Winery would be a misrepresentation both companies.



Pop Quiz: What if you had an unreleased photo from inside the winery? Could you use it in the directory example? No, because the photo was taken in a private setting, which may contain business secrets or other aspects about the company that it wishes not to be known. One way to establish if you're on private property, aside from it being someone's home or a business, is whether you had to pay money to get in. Amusement parks, for example, are private property, so you would need a release from the company that operates the park if you wanted to use an image of the park in a way that would require a release. (Remember, not all photo uses require a release! You need to constantly be reminding yourself of the four checklist items.)

Exceptions to "private property" include state or national parks, or other venues owned by the government, even though you often have to pay to get in. These places are considered public domain, and generally do not need a release. Similarly, paying to enter an event that's held on public land, like a concert in Central Park are deemed "Fair Use" in most cases. Note the exception of the performers, however, who may be trademarked or copyrighted, which puts up a completely different set of blocks (Fair Use notwithstanding). Remember, those uses may misrepresent people or suggest that they advocate an idea or product.

Pragmatism

In reality, there is a pragmatic middle ground that should be taken into consideration for most any problem. This is where reasonable, practical judgment comes into play and brings a balanced perspective to the fore. We are all very afraid of being sued, and many photographers are extremely worried that simply photographing someone potentially violates his privacy or other statutes. But, the pragmatic reality is that most situations are not liabilities. This is a pivotal part of the Risk/Reward Analysis. But pragmatism is not a guarantee—it's just an educated guess about what is most likely to happen under the given circumstances. This means that you have to have had practical experience in the world to develop that sensibility.




Here's where the business dilemma comes up: if you have an opportunity to license an image in some way that should have a model release, but you don't have one (and can't get one), what do you do? Here, you have a judgment call to make. Since this scenario is far more likely to happen than you will ever anticipate, apply pragmatism, and be prepared to deal with the worst-case scenario. Many of the issues discussed above outline the basic foundations of understanding risk. The sections that follow will enumerate more scenarios for consideration, but they are not complete by any means. The possibilities are infinite, and the pages I can dedicate to the subject are finite. All I can do is try to establish a pattern from which you can extrapolate into your own experiences.

To that end, let's start with something you will undoubtedly run into with a client someday.