Sharyn (Elle Viral)

Sharyn is a very talented Wellington photographer who happens to also like to dress up in costumes. When I saw the outfit that she had worn to the Wellington Armageddon expo posted on Facebook, I said that I simply had to shoot her.

We arranged a shoot for the afternoon of Anzac day starting the alleyways behind the Opera House in Wellington and finishing up on the beach at Owhiro Bay.

It is alway tricky shooting another photographer and especially one where you like  their work. Fortunately we clicked and she liked the images that were produced. Phew!!!

Sharyn’s work can be found at http://www.bysharyn.com/

Tamara

Tamara is from Mexico and I met her during the Pan De Muerto shoot. I asked would she be willing to shoot with me and she agreed. It took a little while to get the shoot sorted and we shot at three locations round Wellington.

The final sequences were on Breaker Bay where she bravely agreed to try some fabrics and fly them in the wind. While the day had started out with promising weather as we went through the shoot the light got worse, the wind stronger and the temperature dropped so we called the shoot off early.

Even so I am really pleased with the results.

The Thorny Issue of Copyright *

Over the last fortnight I have been involved in two separate discussions about copyright issues with regards to photographs. The second occasion was prompted by the following situation:

A semi-professional photographer who specialised in new born images took some photos of a baby and was paid for the work. The mother signed the standard contract that the photographer insisted on, that stated that the photos were not be used for commercial purpose. It provided that they could be displayed on Facebook, and tagged. There was, however, no mention in the contract about who owned the copyright in the image.

The photographer was therefore surprised when a couple of weeks later they happened to receive a flyer in the mail from a local real estate agent that contained one of the pictures in it. It was used in story about the real estate agents current activities as it turned out that she was the grandmother of the baby.

The photographer contacted the real estate agent looking for credit and explaining the situation of copyright. The agent basically told her to “take a jump” but admitted in the process that she had actually grab the photo off Facebook and then edited it to remove the watermark in the corner.

So what could she do. Despite several people saying sue the pants of the real estate agent, the reality is that there is probably nothing the photographer could do, because under current New Zealand she didn’t actually own the copyright in the image that was used, and as the grandmother never signed the original contract there was no breach there.

Copyright is an extremely complicated area of law. It is also often misunderstood.

Copyright is a set of rights that exist under law to protect the interests of people who create something. It has to apply to a physical object though and not an idea, and must apply to an original work.

Under New Zealand law copyright is automatically granted to the person who creates the work and exists from the moment that the piece is created and expires 50 years after the entity who owns the copyright ceases to exist. Unlike some other countries, in New Zealand there is no requirement to register the copyright, therefore putting the ©symbol on a piece of work is largely irrelevant.

Based on the statements above you would therefore say that the photographer owned the copyright and therefore the Agent had breached copyright.

The problem is that copyright is not that simple, and the major issue for photographers particularly is in a little clause about commissioning. Put simply commissioning is when someone else asks you to take a picture. While it would be usual for the photographer to receive payment in some way, that is not actually a requirement under the law.

The default position under the Copyright Act is that if you are commissioned to take a photo then the copyright created actually belongs to the person who commissioned the work. This can be contracted out of, and this is what most professional photographers will do. They have a clause in their contracts that state that they retain copyright in the image.

So back to the original situation. With no copyright clause in the contract, it was the mother who actually owned the copyright in the images. She posted them on Facebook and probably allowed the grandmother to download them. There is no contract breach and no copyright breach.

The area of commissioning was going to be looked at by the Labour government in 2008 and they had an Amendment Bill in train. They lost the Election and the National Government elected not to take the Bill further. It is still being looked at.

So in summary

You own the copyright in an image you take, unless someone asks you to take it in which case you need to get them to sign something stating that you retain copyright.

* Please note that this article is based on my personal understanding of law, and talking with professional photographers. I have not consulted a lawyer (as they cost too much) and therefore the advise contained should only be taken as a guide.

Adrian & Lydia

Adrian and Lydia are a couple I have known for quite a few years through my church. Although they had hired professional photographers to cover their ceremony, they asked me to take some shots of them at their hotel after the festivities were over.

They were staying at the Brentwood Manor in Upper Hutt which is a lovely setting. As they got married after lunch and their reception was an afternoon tea, these shots were taken around 5.30pm just as the evening light was coming in.

MV Joyvita Launch at Parliament

The MV Joyita was a small island trading ship that disappeared on a voyage from Samoa to Tokelau in 1955 with 25 passengers & crew on board. The ship was found 5 weeks later some 600 kilometers away but there was no trace of the people, nor any indication of what had gone wrong.

I was asked to photograph an event at Parliament where two plagues were being unveiled that listed the names of those that disappeared. One plague will go to Samoa and the other to Tokelau. The event was attended by relatives and descendants of the passengers and crew. It was quite a moving event.

I was not aware how anal the security guards at Parliament were about people with cameras, as I got told off when I took a photo in the passageway outside of the function room.

The 365 Project – One year on

Last year I wrote an article in the newsletter about the 365 project that a number of us had started on. For those of you unfamiliar with the concept, you set a personal challenge to take at least one photo a day for a whole year.

While initial interest was high, so was the attrition rate, and by the end of 2011 only Brian, Helen (who has just joined the club) and myself were still shooting.

Through the benefit of Facebook this little group was also expanded to include several other shooters from other clubs around the region. We have met twice for dinner to discuss how we are tackling the project. Last month we met and several of us have converted our photos into photo books. It was amazing to see the diversity of the images that had been taken.

When I wrote the original article I said that one of the advantages of the project was that it forced you to try out different types of photography and particularly that it will stretch you in areas where perhaps you do not consider you have a knack.

That was certainly the case for me. I would freely admit that I mainly like shooting people and events but when I broke down the images I had taken I discovered that the range was much wider. In fact I shot xx landscape shots when I don’t particularly like landscapes.

For me the major advantage is the fact that by forcing yourself to think of taking something each day, you actually challenge yourself to get better with the photos. What they say “that practise makes perfect “is absolutely true. The images below clearly show this. It is essentially the same subject shot a year apart. The image of the left was shot on 26 January 2011 while the one of the right was shot on 10 January 2012.

So I urge anyone to give it a go. And for anyone who says that they don’t carry a camera all the time I would challenge you on that. Most people have a camera on them at all times in the form of there cellphone. Five of the images in my 2011 set were shot with my phone and I very much doubt any of you could pick them out.

Nude Workshop with Brynn Cook

The genesis for this workshop came out of the blue when I received an email from an American model Brynn Cook who was visiting New Zealand and basically funding part of her trip by doing shoots on the weekend. Now I do not normally pay for models, but Brynn was stunning and I thought it was a great opportunity to organise a group shoot with a number of others.

In the end 5 photographers took part. I took the role of co-ordinator/timekeeper so that everyone had a fair run at the lights.

Brynn was an absolute professional and helped put the others with suggested poses.

What was really funny was that when we started I thought I would have to cast lots to select the order as I had assumed everyone would want to go first. In fact the opposite happened and I had to choose the order.

Grace – The Marilyn Shoot

In 1962 Brent Stern took a series of images of Marilyn Monroe that ended up being the last photoshoot before her death. I had long wanted to do a similar shoot and had previously discussed it with Grace when we shot a year before. I thought that the idea was consigned to the “maybe” file until I got a call from Grace telling me that she had lost 8kg in weight and wanted some new shots and did I want to do the Marilyn series. Hell Yes was the answer.

We arranged to meeting at Studio 9 in Lower Hutt which I had booked for the day to run a workshop. A couple of benches were pulled together and turned into a bed and a sheet of white metal served as a backdrop.

In keeping with the 60’s theme the shoot was done in black & white and I love the outcome.

A photographic journey