Legal Issues for Photographers

Author Tad Crawford

     I recently listened to a few podcasts that touched on the subject of protecting yourself as a photographer. The first was a great conversation with author of the book Business and Legal Forms for Photographers, Tad Crawford. Of the many things that Tad mentioned in this extremely informative podcast, there were a few key points that I have recently learned about myself that I want to share with others.
     Tad hits on the fact that it is imperative to protect yourself with solid, well rounded contracts when you are doing freelance work. His book provides a checklist for making sure you cover key areas when in specific situations. The checklist can also be used as a tool when evaluating those contracts given to you by others. Contracts will protect you against future misunderstandings. Tad voiced concern about so many current photographers working on a "handshake agreement." "This is just a bad idea, verbal contracts just don't work because people simply don't remember." Written contracts can also help to salvage business relationships where individual parties might have honestly forgotten about specifics otherwise agreed upon in a verbal agreement. He also talks about copyrights and the usefulness of registering them with the government. Which is required before pursuing litigation, even for something as simple as an injunctive release. For more information on his book or to listen to the podcast yourself visit Camera Dojo's website.

Paparazzi

     Living in Orlando with Disney and Universal Studios right down the road, I often hear about appearances by celebrities in the area.  This triggers a wonder about what it might be like to try and get a unique shot of whoever it might be by joining the paparazzi for an evening. So, when I heard about some actors from the Harry Potter franchise making a local appearance to promote the release of the final films DVD/Blu-ray I figured I might give it a shot. As I battled the crowd of teens and their parents I managed to get a few decent shots, and learned a lot about the atmosphere. In this situation it seems that the “spray and pray” method works best. This means to take lots and lots of shots and pray that a few of them might be worthy of the front page.

Actress Katie Leung (Cho Chang) 

     Just to clarify again, this was not the stereotypical paparazzo outing since it was an organized event. I have never really been interested in the type of gig that requires me to chase down my subject or wait for them outside of their favorite restaurant. Which seems a bit creepy and illegal. I do however understand that many people make a decent living off of such work. This idea however, recently got me thinking about the legality of the actions of these people who aggressively pursue their famous subjects and what actions have been taken in return, and how I can protect myself in business ventures that might involve these situations. So I looked up a few relevant cases, and this is what I found.

     In 2008 the website hollyscoop.com reported that actress Sienna Miller had gone to the London’s High Court to claim damages against the paparazzi for “ruining her life.” She stated that after several pleas to get them to stop she was continuously chased while driving, confronted at her home, harassed several times at an airport, and also while walking her dogs in her neighborhood.  As a result, the High Court found that the four month’s of harassment Miller endured was worth nearly $80,000 dollars in damages. This was in addition to $84,000 she made off of the paparazzi in the United Kingdom for a similar case.

Sienna Miller
image by WENN.com

   In the United States, the courts don’t seem to be as lenient on celebrities.  Troubled actress Lindsay Lohan sought a restraining order on paparazzi members after her rehabilitation clinic deemed it unsafe for her to be driving since the paparazzi were creating unsafe conditions for the actress. Her driving privileges were revoked after the clinic mentioned this to the Los Angeles County Probation Department who had earlier agreed to let Lohan back behind the wheel. 

     Although the purpose of a restraining order is to deter someone from a threatening act it was found difficult to place a blanket order over the entire paparazzi. The article from FindLaw.com’s celebrity justice blog also addresses the problem that these photographers are trying to do their job when capturing pictures of Lohan driving, in which case an order would interfere with their ability to make money.  This personally seems a bit reminiscent of the Princess Diana death investigation. Unfortunately it seems that this particular issue of paparazzi car chases will only be settled in retrospect of a future tragic event.

     There are also instances where the paparazzi have come out ahead in court. Though, in this case, not a harassment issue. Just last year MSNBC was sued by paparazzi members for the use of their photos without permission. Mavrix photo alleged copyright infringement against MSNBC for the unauthorized use of photos of actress Penelope Cruz. Find Law writer Laura Stachan wrote that the maximum fine for this infringement is $150,000, but since the images were used across a wide range of media the paparazzi could argue that there were many act of the infringement.     

     So, it seems that the paparazzi as well as celebrities are protected, to an extent as long as they are both following the laws that are already in place.

Night Portraits Using Off Camera Flash

Since purchasing my Lastolite softbox a few weeks ago I have been researching the best way to put it to use while shooting with off camera flash and practicing techniques on balancing off camera flash exposure with existing ambient light. I decided a shoot involving night portraits would work best. 

EQUIPMENT 

It is important to first understand that when using off camera flash you will need some kind of wireless transmitter. I use the Pocket Wizard Flex TT5 transceiver on the flash end with the Canon 580EXii, and the Mini TT1 to transmit that signal from the camera. Pocket Wizard makes these for both Canon and Nikon brand cameras. As mentioned, I recently purchased a Lastolite softbox to increase the quality of the light from the flash. This will help get away from the hard light "paparazzi look" by making the light from your off camera flash softer by diffusing and increasing the size of your light source. 

LOCATION

The location I wanted, needed to provide some interesting lighting and different options for backgrounds. This really meant I wanted some good quality ambient light to balance with the off camera flash since, after all that is most important to interesting night portraits.  So as I searched the database of locations in my mind, I realized I had been to a place that fits this description perfectly.  It was Disney's Boardwalk hotel and resort that met my requirements. 

THE PROCESS

As the models, my assistant, and I arrived at the location the sun had almost completely set. This was of no concern to me since I didn't need it to accomplish my goal for the evening. Which by the way, was to get a hand full of quality shots to justify my purchase of the off camera flash and lastolite softbox.

Below you can see one of the shots that I felt worked best with what I was trying to achieve.  As Faith sits on a park bench she is backlit by the lights across the lake. These were underexposed by 2/3 of a stop and then my off camera flash was set to manual where I adjusted the exposure so that she would be properly exposed in order to set her apart from the background. The Lastolite softbox rig was set up to the right of the camera at a 45 degree angle. 

 © Andrew Prescott/Faith Smith

Luckily,  I was able to get a few more pleasing shots before being approached by resort security who asked if I had permission for a "professional photo shoot" on the premises. This immediately took my focus off of the pictures I was taking and the direction I was giving. Apparently all photos that are taken with an off camera flash or softbox are deemed professional. I explained that we were all students and that there was no money to be made from the photographs being taken. This would end up buying us a few more minutes before the next interaction including a similar complaint.
Although I was flattered that so many people thought I was a professional, I was also aggravated in realizing this wouldn't stop. By now, with the feeling I had achieved my goal, we were ready to appease security. So we left in time to catch the nights fireworks display.

A reverse angle from the first picture.
You can see the last bit of remaining sunlight create a
nice glow as it fades behind the buildings in the distance.
 © Andrew Prescott/Faith Smith

To avoid going into a long tangent about how I felt the needless pressure by Disney to leave that night and remain focus on the pictures themselves, I will just state my disappointment for being unable to make better use of the trip by getting more quality night portraits.

So, I will chalk it up to a lesson learned about the importance of finding information on rules and regulations of locations beforehand. Especially if you are going to use equipment like an off camera flash with a softbox. This will make you more efficient once you are on location, and will certainly help with the way you are viewed by the people you are working with. Thankfully, Faith, Amanda and Ryan were a pleasure to work with and all very understanding of the situation.

Please subscribe, leave comments, and feel free to ask any questions.

Interview with Gore FX Founder Michael Gore

    As I continue to practice my personal photography and strive to gain more knowledge about the business behind it, opportunities to learn from those in similar freelance fields often present themselves. So with  Halloween quickly approaching, I found it only appropriate to incorporate a lesson from someone who practices haunts and horrors on a regular basis.  

     Today I had the chance to talk with Michael Gore, owner of Gore FX, a makeup and special effects company based in Orlando, FL.     

Michael works on a prop from the new independent horror feature Blood Widow.

      Michael and I sat down to discuss the importance of negotiation in freelance fields and the criteria he uses to make deals when he is offered a job. Although he has a rapidly growing resume he remains humble and admits that his decisions to take certain positions are still influenced by the status of those doing the offering. As with all freelancers, it certainly makes it easier to negotiate salary when the job is with a well known company who will not only provide a decent pay check, but networking opportunities and some great experience along the way. By working for employers of a higher status it validates his skills and helps him to better his position in deals with prospective employers who might be looking to take advantage of his talent. So contrary to the logic of those who aren't freelancers, jobs with these larger, more prestigious companies will sometimes be taken at a lower salary due to artists finding value in making a name for themselves among them.

Why rent?

      With DSLR cameras getting more and more popular the gap between the casual and professional photographer seems to be getting smaller. As a result, it brings tons of new people into the photography profession every year, with most looking to find a niche and make a name for themselves within it. But this takes time, therefore many who are new to the business have to shoot a variety of pictures in order to make ends meet. They basically do what they have to do until they can do what they want to do, as many of us are familiar with. This could require a range of different jobs including weddings, sporting events, head shots,  maternity or model portraits, wildlife portraits, newborn portraits, or any form of macro photography. These are just some of the work opportunities that may be open to a new photographer that might not want to take a job, yet might have to in order to survive for the time being. But its not as easy as taking any job you want, there is another variable in the equation. The kind of job you take as a photographer directly relates to the kind of equipment you have. It is quite foreign to those outside of the business that there is specialized and expensive equipment that is involved in getting certain photos. The majority of this is based around the kind of lens needed to get a desired shot. The problem is that in most cases this would require someone to make a several thousand dollar investment in order to take the job. For example, take the photos below.

Photo left: by Paul Bertner
Photo right: Maxwell Rocha

 In order to create photos like this it would take an initial gear investment of $2,224. (for example the Canon 65mm  macro,  kenko extension tubes, focusing rails, and a Macro flash) All which can be found here at B&H photo.

Investing in photography equipment

     For as long as I have been interested in professional photography, I have always had a hard time deciding what equipment to buy and when to purchase what. And in talking with aspiring photographers it seems that I am in no way alone in this dilemma. With photography being such a saturated market and with DSLR's becoming so popular, photography has never before been so competitive. So we who are serious about starting up and making a name for ourselves need to look for ways to set ourselves apart from the casual users who call themselves photographers and are really just camera owners or hobbyists. Other than the obvious skill and talent, I feel as though there is another way to help separate yourself from the field of casual camera owners. This is investing financially in your work as a photographer and the equipment you use everyday. Of course you need to know the basics of what you are doing before investing thousands of dollars in equipment. As it is important to understand the advantages and benefits of having higher quality gear, especially for those of us starting out who are on a budget and don't have a steady income from the photography at this point. Major companies like Canon and Nikon realize this and make products for all different price points. Take the below example of the Canon 50mm prime. 

The Canon 50mm prime lens options  (f1.8, f1.4, and f1.2)

     As you can see in the above image taken from B&H photo there are 3 different price points resulting in 3 different lens qualities. The most obvious  difference is the aperture settings. With the lowest priced lens at $119 only being able to open up to a f1.8, it still gives beginners and those who are just getting started or are on a strict budget the option to shoot at a rather wide aperture. But this lens is also something that isn't going to last forever. In keeping the price low and the optics as high quality as possible it seems that the actual body of the lens took the biggest hit at this price point. It is a made with a plastic body and has no real weight at only 4.6 ounces. In my opinion it is a clean lens but not anything a serious or even enthusiast would want to spend money on.

Photographer Rick Smolan : The story of a girl

     Rick Smolan is one of the world's most famous photographers and has worked with TIME, Life and National Geographic magazines as well as creating the best selling One Day In The Life photography series. 

     In his recent TED talk , Rick tells the story of a an assignment through South Korea in 1978 where he was investigating the lost generation of illegitimate Amerasian children fathered by American soldiers for TIME magazine.  Afterwards,  he was so unhappy with the published product that he set out to tell a better story through his pictures on his own time. In hopes that he his photographs would actually have an effect on a situation, rather than just documenting one. 

     In the trip back to South Korea he would meet an Amerasian girl and her grandmother who agreed to let him tell her story through his pictures. What would eventually come is as great a story as could ever be written.  As Smolan inspires the audience in telling this first hand account he developes a personal connection with us as if including us in his journey over hurdles of changing a little girl’s life forever. It’s as if it were a script written in Hollywood when he describes the adversity encountered while trying to help her, yet he’s not making this up. He shares the pictures to prove it.  He goes on to tell how he used his professional skills and connections to help him though his mission that became much more than photography.

Photo by Rick Smolan, 1978

  Ricks personal journey is a reminder to me of why I got into the entertainment business in the first place. Not just to take pictures or make films, but to make a difference in the lives of others and impact them in a way that makes a personal connection in turn making the world a better place.

Listen to Rick tell his amazing story here. 

   

A Professional Organization for Photographers

In the recent months since my graduation from film school I have started to network in order to meet new clientele for photography and find others to learn from and help me to build my portfolio. In this time I have also come to find, that there are a lot of people who call themselves “photographers” or even “professional photographers,” most of whom started because they own a DSLR. Many of these people know nothing about the business or little more than the basics of photography. So I wanted to look for ways to separate myself from the casual DSLR owners outside of the obvious quality in photographs. While reading a book by Norman Phillips on the legal aspects of the industry he mentioned a professional resource that helps to separate higher-level photographers from casual hobbyists.

The Professional Photographers of America is an organization that does just this.

          Among their several useful offerings is the knowledge they provide to others on copyright and the rights of the photographer, as well as helping us to educate clients or even helping photographers directly if they run into copyright disputes such as large companies using images out of agreement. 

One of the truly amazing aspects of the PPA is the wide array of educational benefits they offer. As I learned more about the organization I found that they offer online classes, host business oriented workshops on how to make your studio more profitable, and even unique peer to peer classes that are centered around a Monday in October that is referred to as Super Monday. This is where members in local areas can gather to learn from their peers through techniques as well as business related topics, all while networking with people who have the same interests.

          I particularly like that in whatever they provide they truly understand who their customers are. Although I am trying to separate myself from the casual hobbyists who call themselves pros, I am also NOT a big studio with tons of disposable time or income. The PPA caters to people like me. If they list an upcoming workshop that might be too in depth, or aimed more at large studios, they also make sure to have an option for the new and emerging studios. This will definitely help to make aspiring industry professionals like myself more successful long term. 

Overall I have been extremely impressed with all of the information they provide, and with it being all in one location it is exceptionally convenient. I cant wait to delve deeper into the rest of the organization outside of just the educational and networking opportunities. 

Online Photo-sharing for Professionals

    For the past several years we have all seen photo sharing websites come and go, all of them with hopes of outshining the best known and most followed Flickr. Well, there is a new contender who might just have a chance. Just as Google+ gains momentum and begins to slowly take attention away from facebook, the site 500px.com looks to do the same in photo-sharing. Whether it's your day job or just a weekend hobby, if you are serious about photography you certainly want to give this site a look.  

all photos herein are property of registered users at 500px.com

    Among the several advantages of 500px, users now have the ability to display larger and higher quality images than on Flickr.  The site also allows the creation of stylish, professional looking displays where others can comment, like, and subscribe to your work. While this is scary for amateurs like myself, it is also very helpful to learn what others in the field think of your work. 

The Future of Photography

How many times have you taken a "great" picture, only to review it and see that your focus was off. Or maybe you even realized this when taking the first shot. So you hurriedly reeled your subject back into focus, but by the time you were able to take another shot, the moment had passed and you missed the opportunity to capture a stunning image.
Well, have no fear! According to a small start up company called Lytro this problem is soon to be a thing of the past. With claims to have developed a technology that will let photographers take pictures now, and focus them later, they will revolutionize picture taking.

(Photo courtesy of Lytro)

The science behind the new "light field" camera technology is based upon just that. A light field is described by Lytro as the amount of light traveling in every direction through every point in space.

The new camera will capture the entire light field in a scene, not just a splice of the light field as conventional cameras have done in the past.
This technology will require a new sensor inside the camera appropriately named the"light field      sensor" as well as highly sophisticated software that will replace many other parts currently contained in
conventional cameras.

(Photo courtesy of Lytro)

I highly recommend checking out the gallery Lytro has provided for potential customers to experience just how the pictures will be customizable by editing the focus points in post processing.

Professional photographers should not worry, Lytro maintains that the camera is specifically made for consumers rather than professionals. Although they have yet to commit to a release date and specific price point, in a recent interview with the Huffington Post founder Ren Ng mentioned it would cost between $1 and $10,000.
Regardless of initial reactions or skepticism, I must admit that the thinking behind the idea is brilliant! For a company to push the limits of technology like so many are always talking about with a concept like this is abstract and mind blowing to even consider. Lytro might indeed be on it's way to providing the world with living pictures by "miniaturizing a roomful of cameras tethered to a supercomputer and making them fit into our pockets."

Getting Started

The first set of the afternoon 

I'd like to start off with a recent shoot I did for a friend and local musician from the Orlando area, Michelle Elise. It took a few months to work our schedules out, but when we were finally able to plan a shoot I was pleased with the results. It only took a Saturday afternoon and a little bit of luck with the sun in the right place to get started. With some naturally diffused lighting coming through the palms overhead and a nice bounce off of the white marble patio everything fell into place.
Although the day went very smooth, I definitely found it difficult to express to Michelle how I wanted her to pose and when I actually got the shot I was looking for. I have found that with many inexperienced or even nervous or eager subjects, they will change a pose as soon as they hear the shutter "click." So it is important to let your models know that just because they hear the camera, they shouldn't change their pose. As the photographer might want to reframe the image, or capture the same look from another angle. Thus, it is essential that there be an open dialogue during the shoot. I also found it helpful to mirror or "imitate" poses myself for Michelle to copy. This is just easier to see than to explain to someone on how you would like for them to pose and helps to make the session more productive. Neil van Niekerk elaborates on this topic during his blog entitled "posing normal, everyday people for portraits."

I also used another one of Neil's tools for bouncing an on camera flash. I had assumed the majority of shooting would be done outdoors and was unprepared for indoor shooting as I didn't bring any supplemental lighting. The photo above was shot with