Apologies if I’ve seemed a little obsessed with the Digital Economy Bill this past week or two. I hope my Twittering hasn’t been too big a turn off, but I felt it was important, so here’s an explanation why:

As a photographer, I make my living from both commissioned work and my back catalogue of images. This archive is a combination of commissioned work where the licence or exclusivity period has ceased and the images may have a value to thers, plus other stock images shot specifically for that market. I’m in the process of overhauling my websites and shortly will be licencing images direct to buyers using photoshelter, more later.



Images such as the Stirling Moss and model are continual sellers, especially taking into account his recent accident with the lift shaft…. This income enables me to build a viable business model, in addiction to undertake work at rates that may not normally be viable. See my post on Working For Free for more on this.

So you can imagine the impact that Clause 43 of the Digital Economy Bill would have on my livelihood. It was time to defend my business.

It’s often said that getting photographers to agree on anything is like herding cats. We’re an individual bunch, if you get my drift and in the past, that has proved our undoing. Negotiations with large corporations like Getty have gone badly wrong. This time, for some reason, it all came together with the formation of Stop 43. This website, with representatives working hard behind the scenes and establishing direct contact with MP’s in London were able to spread the word and bring pressure to bear in a way that I can never recall before.

By harnessing the power of social media on Twitter and Facebook and bringing a reasoned argument to bear, the issue was discussed in a way that has perhaps never been done before. BAPLA’s appalling attitude, the vested interests of the large companies and groups pushing forward the bill were all highlighted, giving in the best result for photographers since the original copyright act was introduced.

The important thing now is to move forward and introduce a new dialog to give a fair deal for photographers as well as finally tackling the genuine issue of orphan works and how they can be brought out for society to see and non-profit organisation to benefit from, without independent creators being hammered by large corporations.

Many publishers and other users of intellectual property are quietly rubbing their hands at the prospect of the new Orphan Works Clauses being championed by various people in the UK right now. But there are several reasons why you should be concerned, whether you are a photographer, publisher, non profit organisation, or even just someone who puts their family photos on their local community website.

I won’t re-write what’s already been said, but instead strongly suggest you read about the situation here:

http://www.stop43.org.uk/

Don’t get me wrong. I’m all for non-profit organisations using content. It’s a GOOD THING that museums, art galleries and other community organisations should be able to publish old photography and artworks without risk of a law suit if the creator really cannot be found. It gets work that would otherwise be unseen out there for people to see and helps them create income. BUT the new legislation also allows ANYONE to jump on the same band wagon and use this badly worded proposal for their own commercial benefit with payment of only a token fee to a central collection agency. It makes no consideration for the intended image use, the people depicted in the image or whether it’s a commercial use for a huge advertising campaign or editorial use. Justin Leighton provides an excellent example of how an image like the one below can earn totally different fees for different uses here.

Buring Europe Flag Paris - copyright Justin Leighton

Not only that, but the image can be used for all manner of commercial and advertising uses with no come-back. If you skipped past it, take a look at the image a the start of this. We all have images similar, or friends & family in similar poses.

So why are so many supposedly pro-creative organisations pushing for this? Because the BBC, the British Film Institute and others all have large archives of other people’s material that they could make a handsome income from, if only they didn’t have to worry about that pesky annoyance of having to pay the creator. NONE of the people and organisations that are arguing for this actually create anything. They make their money from leveraging other people’s material by publishing and broadcasting. Imagine if they could use this material, pay a nominal fee and simply plead ignorance with no legal redress from the author / creator?

Finally, the one single thing that no-one has bothered to tell these people is the consequences of using an image from an overseas source. We live in a very small world these days and images can easily be traced internationally. Only last year, Getty inflicted a hard blow to someone here in the UK, from across the Atlantic, for using an image without permission.

Many USA based photographers I know are simply saying, “Bring it on, we’ll see you in court”
That could well be a USA court, by the way…..

I love seeing my work being used well, both by people who commission me and also by others who may have blogs or other purely personal websites about cars, photography and other related subjects. I see no benefit in putting up barriers for genuine clients and enthusiasts, but this bill is bad for everyone. Indeed, such is the nature of this legislation that several UK based creators I know are actively considering moving their business base outside of the UK for their own protection. And that can’t be good for anyone.

Here’s a big heads up and a shout out for everyone at The Yorkshire Air Museum. We’re doing quite a lot of photography and other work with them right now and we’ll be able to talk about all that shortly. But yesterday, they sent out the exciting press release that they’ve had to be so tight lipped about for so long.

On 13th April, they’re going to be getting their hands on a Nimrod MR2. Not only that, it’s NOT just going to be an empty shell, with no motors or interior, this one will be the full, operational, working aircraft. Here’s their press release:

Elvington will be the only Museum in the world to display a LIVE example of the remarkable Nimrod military reconnaissance aircraft.

Museum Director, Ian Reed said, “We have been working closely with our colleagues in the RAF for over a year on this project and are delighted at the confirmation announced today. Yorkshire Air Museum is probably the only major Museum in Europe capable of operating large jets of this type and in this way. It is also very appropriate that, as the Allied Air Forces Memorial, we are able to make a significant contribution to the memory of those servicemen in Afghanistan and Iraq who have lost their lives and those who daily risk their lives in the service of our country”.

It’s a huge boost for the museum, as I imagine the plan is to let visitors look inside the aircraft and see what a fully operational Nimrod, recently working over Afghanistan, looks like up close. It’s sure to be a popular event and visitors will be welcome to see the arrival. If you’ve an ounce of passion in you for things mechanical, be there…

I’m still catching up after a really busy October and finally got some time to clear the decks. Best day of the month without a doubt was the Shooting Supercars Workshop at The Yorkshire Air Museum together with Canon UK and The Flash Centre. The crew from Canon travelled from as far as Kent on the day and brought masses of Canon gear, including the stellar new Canon 1D Mk4, more of which later.

I’ll write a whole lot more about the day over on my Driving Images site, plus we’ve set up a Flickr group for everyone to add their shots and show their work from the day. I was so busy talking about technique and getting everyone shooting that I didn’t shoot very much myself. This shot was rigged right at the end of the day in just ten minutes before everyone left. Some superb assisting by The Flash Centre’s Graham Fox had the Elinchrom’s rigged and ready to go and we managed to get this one. It’s not perfect and the light at the rear sitting on the Manfrotto Hi Hat should really have been behind the Lamborghini, lighting the Ferrari and filling the DB9 shadow, but not a bad effort as a quick example of how to light dirty without a flash meter, just a Mk1 eyeball and a Voice Activated Light stand . More thoughts from the day later, plus my initial excited thoughts on the new Canon 1D Mk4

A quick heads-up if you’re living in the north of England and love photography and old aircraft. This Saturday, I’ll be at the Yorkshire Air Museum for an evening photo shoot of some of the aircraft.

We’ll have with us a mountain of Elinchrom lighting kit from The Flash Centre, plus we’ve grabbed a Canon 5D Mk2 and the brand new Canon 7D to use. So if you have your camera, you’ll be able to mount the Skyport wireless trigger on your hotshoe and try out the Elinchrom lighting we’ll have set up.

For me, I’ll be saying hello to an old friend, the pretty Mirage jet fighter you see in the background of this shot. A couple of years ago, I used her as a backdrop for a car shoot, but this time, the sharp dart shape will be centre of attention for the Elinchrom lighting, lets hope we can do her justice.

The wonderful Victor tanker / bomber that lives there with have all it’s ground power and lighting hooked up, so you can get some great long exposures as the sun goes down. The museum have created a great schedule starting mid afternoon with some interesting talks by ex-Victor crews too, so it’s shaping up to be a great event. What we need now is a spectacular Yorkshire autumn sunset and we’ll have some great photography!

There are still tickets available, simply go to the website here and book, or give them a call.

It hardly seems like yesterday that I was writing on this blog about the convergence of stills and video photography and what the implications might be for magazines, their publishers and their websites and how the survivors would shape up. Now, up pops this great video by Alexx Henry of a Triathlon athlete shoot for ‘Outside Magazine’ in the USA and how they’re shooting on a Red One and stills to integrate it into the magazine. He talks on his blog about the future and interestingly how media outlets are actually starting to listen to the photographers & video creators again to look at ways of making this all work. Anyone who’s following the whole stills / video convergence will be interested to watch for the next five minutes.

Living Magazine Cover & Spread – Outside Magazine from Alexx Henry on Vimeo.

I’m really pleased to announce that I’m working with Canon UK and The Flash Centre to present Shooting Supercars at The Yorkshire Air Museum on 9th September.

We’ll have some superb Supercars provided by 6th Gear Experience, the latest Canon camera technology and a pile of Elinchrom lighting and grip equipment supplied by The Flash Centre.

The cars will be available to shoot both statically, and just as importantly, in action as cars should be photographed. We’ll be discussing the techniques for lighting cars and shooting car action safely regardless of your camera equipment, plus lots of time to practice with your own camera or try out something from Canon.

It’s planned to be a hands on day, with a large under cover area inside one of the museum hangars, so we’ll be shooting regardless of the Great British Weather. Full details of the event and how to book can be found at:

http://www.theflashcentre.com/shooting-super-cars-i4182.html

There are only twelve places to ensure the best access to the cars and lots of time to discuss techniques, so contact Graham or Russ to book your place.

A photographer’s email list gave me the heads-up on this guest post on Scott Kelby’s blog by Jay Maisell. It’s about the power of the still images as opposed to moving / video and is a very interesting read. I’m very excited about the new ways to use motion content to tell a story, whether it’s editorial or a commercial idea we’re trying to get across, but this post reminds us of how the most important images in history were almost always still photographs.

He also talks about some of the great photo editors he worked with and some of the things they said that made him stop and think. I won’t quote it, but head over using the link above and take a read, it’s worth having a coffee in your hand too.

Just a quick note to say that the movie is currently on The Eoscars. If you haven’t already seen the site, it’s a great place for gathering together all the good short movies out there that have been shot in the Canon 5D MkII. The idea is to move on from all of the initial wave of ‘novelty’ clips such as ‘my first low light clip’ and ‘cat licking it’s paws’ and showcase some of the really great work beeing produced on the camera now including ad campaigns and complete programmes.

This month on various photographer’s blogs, there’s been a huge stirring of keyboard activity over the posting on the popular Strobist blog about working for free. I’ve had a very busy December with several short notice projects to tackle as well as trying to plan January, so it’s only now that I’m sitting reading the comments and catching up. So do I ever work for free?

Sure I do. I have in the past and I doubtless will in the future But Vincent Laforet’s posting on his blog probably mirrors the views I hold. I’m very much against working for free, both myself and people who work with and alongside me.

There is value in what’s being said on Strobist, but there is a very important disctinction to make. Are you working for free ‘just to get the job’ in the hope of food later, or is there REALLY NO BUDGET, due to the economic realities or simply the circumstances of the people involved in the project?

There are times when the job just has to be done, because you can see the future income, either in raising your profile, adding to your book or in terms of hard cash. In which case, it’s an investment that may well pay off. The trick, as Chase Jarvis says, is in negotiating that income at the relevant time and ensuring the project pays off for you. Vincent suggests doing such projects no more than once per year and he’s probably right, even if sometimes it can be hard to say no. He’s enjoyed a massive increase in his profile over the last few months due to his involvement with the Canon 5D Mk2 launch. He funded the shoot of Reverie himself initially, but the commercial rewards are now flowing in.

Sadly, it taked experience to judge these things and it’s something many photographers sadly lack, in my view often due to a lack of experience in the non-photographic business world and also not realising the commercial value of their own work. If I have time in January, I’ll post an example of projects I’ve been involved in where ‘working for free’ was the only option and how I made it work for me.