Comments for EXIF and Beyond: Photography Discussions http://jmg_galleries.podbean.com EXIF and Beyond: A podcast on the fore-thought, after-thought and everything in between regarding photography Sat, 07 Nov 2009 16:54:26 +0000 http://podbean.com/?v=3.2 Comment on EXIF and Beyond: Trey Ratcliff (a.k.a. Stuck In Customs) by Blueeyeddebby http://jmg_galleries.podbean.com/2009/05/11/exif-and-beyond-trey-ratcliff-aka-stuck-in-customs/#comment-220765 Wed, 13 May 2009 09:03:18 +0000 http://jmg_galleries.podbean.com/2009/05/11/exif-and-beyond-trey-ratcliff-aka-stuck-in-customs/#comment-220765 A superb insight into the way Trey looks at the world and his thoughts on HDR. I was engrossed from beginning to end A superb insight into the way Trey looks at the world and his thoughts on HDR. I was engrossed from beginning to end

]]> Comment on About by Miserere http://jmg_galleries.podbean.com/about/#comment-216900 Sun, 03 May 2009 15:01:41 +0000 http://jmg_galleries.podbean.com/about/#comment-216900 Dude, fill this section out with some info! :-D Dude, fill this section out with some info! :-D

]]> Comment on Interview with the Creator of the Sarah Palin Bikini and Gun Photo by ciberado http://jmg_galleries.podbean.com/2008/11/02/interview-with-the-creator-of-the-sarah-palin-bikini-and-gun-photo/#comment-192121 Wed, 04 Mar 2009 11:24:08 +0000 http://jmg_galleries.podbean.com/2008/11/02/interview-with-the-creator-of-the-sarah-palin-bikini-and-gun-photo/#comment-192121 People, are you turning mad? This is called satiric content, so slow down a bit and smile. Looks like you see the tree and lose the forest too easily... People, are you turning mad? This is called satiric content, so slow down a bit and smile. Looks like you see the tree and lose the forest too easily…

]]> Comment on Interview with the Creator of the Sarah Palin Bikini and Gun Photo by Scott Bourne http://jmg_galleries.podbean.com/2008/11/02/interview-with-the-creator-of-the-sarah-palin-bikini-and-gun-photo/#comment-164744 Tue, 16 Dec 2008 17:36:18 +0000 http://jmg_galleries.podbean.com/2008/11/02/interview-with-the-creator-of-the-sarah-palin-bikini-and-gun-photo/#comment-164744 Too bad I didn't own the image she stole. I'd not only take her money, I'd probably lean pretty hard on the US Attorney to prosecute her criminally as well. And I'm not saying this because I like Palin. I don't. I'm not saying this because I don't think the photo was funny. It was. I am saying this because in my Constitutionally-protected opinion, this person is a thief. Too bad I didn’t own the image she stole. I’d not only take her money, I’d probably lean pretty hard on the US Attorney to prosecute her criminally as well. And I’m not saying this because I like Palin. I don’t. I’m not saying this because I don’t think the photo was funny. It was. I am saying this because in my Constitutionally-protected opinion, this person is a thief.

]]> Comment on Interview with the Creator of the Sarah Palin Bikini and Gun Photo by Joe Lippeatt http://jmg_galleries.podbean.com/2008/11/02/interview-with-the-creator-of-the-sarah-palin-bikini-and-gun-photo/#comment-164736 Tue, 16 Dec 2008 16:53:51 +0000 http://jmg_galleries.podbean.com/2008/11/02/interview-with-the-creator-of-the-sarah-palin-bikini-and-gun-photo/#comment-164736 As a former radio guy, I have to say you handled this extremely well. A lot of people would might say you went too soft. Fact is, in order to give the person a reason to stay on the phone line, you have to play on their side of the issue. If you had attacked her, the interview would have lasted 5 minutes, not 50. You gave her enough rope to hang herself quiet nicely. I can hear her lawyer now: "WTF were you thinking when you said ... " Well done. As a former radio guy, I have to say you handled this extremely well. A lot of people would might say you went too soft.

Fact is, in order to give the person a reason to stay on the phone line, you have to play on their side of the issue. If you had attacked her, the interview would have lasted 5 minutes, not 50.

You gave her enough rope to hang herself quiet nicely. I can hear her lawyer now: “WTF were you thinking when you said … ”

Well done.

]]> Comment on Interview with the Creator of the Sarah Palin Bikini and Gun Photo by Kelly http://jmg_galleries.podbean.com/2008/11/02/interview-with-the-creator-of-the-sarah-palin-bikini-and-gun-photo/#comment-152933 Thu, 06 Nov 2008 03:24:34 +0000 http://jmg_galleries.podbean.com/2008/11/02/interview-with-the-creator-of-the-sarah-palin-bikini-and-gun-photo/#comment-152933 yeah - I was yelling at my iPod while listening to her as well - what a numbskull. yeah - I was yelling at my iPod while listening to her as well - what a numbskull.

]]> Comment on Interview with the Creator of the Sarah Palin Bikini and Gun Photo by David Redding http://jmg_galleries.podbean.com/2008/11/02/interview-with-the-creator-of-the-sarah-palin-bikini-and-gun-photo/#comment-152329 Tue, 04 Nov 2008 03:10:54 +0000 http://jmg_galleries.podbean.com/2008/11/02/interview-with-the-creator-of-the-sarah-palin-bikini-and-gun-photo/#comment-152329 I have to applaud your restraint with this young lady, I was yelling at my iPhone almost the whole interview! Alas, he attitude towards copyrighted material on the web is shared among a large base of people her age, they think just because it's online and easy to use that it gives them a right. I was with her for a while when it appeared like she meant it to be a personal gag and it got out of hand, but then she just started digging herself in deeper and deeper. One this I found funny was that she "Didn't notice the usage rights on the image" Flickr marks all images very clearly and to "Not notice you would have to either be blind on dumb.....or just not care. I have to applaud your restraint with this young lady, I was yelling at my iPhone almost the whole interview!

Alas, he attitude towards copyrighted material on the web is shared among a large base of people her age, they think just because it’s online and easy to use that it gives them a right.

I was with her for a while when it appeared like she meant it to be a personal gag and it got out of hand, but then she just started digging herself in deeper and deeper.

One this I found funny was that she “Didn’t notice the usage rights on the image” Flickr marks all images very clearly and to “Not notice you would have to either be blind on dumb…..or just not care.

]]> Comment on EXIF and Beyond: Orphan Works Panel Discussion by James P. Jones http://jmg_galleries.podbean.com/2008/09/28/exif-and-beyond-orphan-works-panel-discussion/#comment-138669 Mon, 29 Sep 2008 18:38:46 +0000 http://jmg_galleries.podbean.com/2008/09/28/exif-and-beyond-orphan-works-panel-discussion/#comment-138669 My concern with this issue is that the burden is being moved from the commercial user to the artist for copyright violation avoidance. As of right now you know with certainty that if a photo looks reasonably modern that somebody own a copyright on it. But, if the perception is altered to a model of reasonable search - it changes the attitude of the designer before placing a potentially iffy image. It becomes a hell of a lot easier to take a "apologize later" approach and to gamble a little more on a lawsuit because perhaps you are assuming actual damages and not statutory damages anyway - because you briefly looked in the database. . It becomes much more the burden of the creative artist to register everything. (as an aside - perhaps you don't want to register everything and make it public record. What do you have in your archive?) I don't think the current images that are being submitted (the tiny thumbnails) contain enough data to be used for a copyright database. In general I do not believe the courts will be granting judgments that match actual market rates (as Chase Jarvis observes). My concern with this issue is that the burden is being moved from the commercial user to the artist for copyright violation avoidance. As of right now you know with certainty that if a photo looks reasonably modern that somebody own a copyright on it. But, if the perception is altered to a model of reasonable search - it changes the attitude of the designer before placing a potentially iffy image. It becomes a hell of a lot easier to take a “apologize later” approach and to gamble a little more on a lawsuit because perhaps you are assuming actual damages and not statutory damages anyway - because you briefly looked in the database. . It becomes much more the burden of the creative artist to register everything. (as an aside - perhaps you don’t want to register everything and make it public record. What do you have in your archive?)

I don’t think the current images that are being submitted (the tiny thumbnails) contain enough data to be used for a copyright database.

In general I do not believe the courts will be granting judgments that match actual market rates (as Chase Jarvis observes).

]]> Comment on EXIF and Beyond: Mobius Arch by Dan Lindstrom http://jmg_galleries.podbean.com/2007/01/07/exif-and-beyond-mobius-arch/#comment-114857 Tue, 24 Jun 2008 15:27:42 +0000 http://jmg_galleries.podbean.com/2007/01/07/exif-and-beyond-mobius-arch/#comment-114857 Nice story on how a pro approaches a nature shoot. Great shots! I happened to be there this spring around 10:00 with no dramatic lighting conditions (hazy, cloudless) and warm weather. I wish I had spent more time shooting in the Alabama Hills. I've also shot The Wave, having heard of its existence by accident and won the lottery by luck. I was in heaven--what an incredible place! Nice story on how a pro approaches a nature shoot. Great shots! I happened to be there this spring around 10:00 with no dramatic lighting conditions (hazy, cloudless) and warm weather. I wish I had spent more time shooting in the Alabama Hills. I’ve also shot The Wave, having heard of its existence by accident and won the lottery by luck. I was in heaven–what an incredible place!

]]> Comment on EXIF and Beyond: Lawrence Lessig Interview by Lane Hartwell http://jmg_galleries.podbean.com/2008/01/01/exif-and-beyond-lawrence-lessig-interview/#comment-68831 Wed, 02 Jan 2008 12:36:51 +0000 http://jmg_galleries.podbean.com/2008/01/01/exif-and-beyond-lawrence-lessig-interview/#comment-68831 Thanks Jim, for taking the time to interview Lessig. Good work! A few thoughts: 1. Lessig said: Lessig: "...when they steal a CC photograph, there is a fight, because there is a CC community that gets together and says "this is outrageous". Where was the CC community in Bubblegate? There was quite a bit of stolen CC content in that video and no one said a peep. The CC Community should have been just as pissed off as the ARR Community. 2. He says that we live in this culture of people wanting things in one or two clicks and not wanting to take the time to read detailed language relating to copyright. Yet, CC has more confusing wordiness than ARR. Like, how many different licenses there are, what they mean, etc. Not to mention the fact that sites like flickr neglect to inform people that the licenses are irrevocable. I agree with Scott Baradell who wrote the piece "Why photographers hate Creative Commons" for http://rising.blackstar.com/why-photographers-hate-creative-commons.html when he says that the easiest, simplest way to handle this is to mark a work ARR and then to specify the terms you would like to have it used under. If someone contacts you and asks to use a photo for free, you can grant them the right. Once CC is granted, there IS no turning back and a photographer has lost his rights forever to those images. 3. Most people don't understand copyright and the legalities of obtaining model releases, etc. So your average flickr photographer licenses images of other people under CC thus giving away rights without consulting the people pictured, as in the case of Virgin Mobile in Australia. 4. I'm just curious, under what authority does Lessig have to develop CC as a system of licensing? I'm not anti CC, but I think it's deeply flawed and very confusing. Thanks Jim, for taking the time to interview Lessig. Good work!

A few thoughts:

1. Lessig said: Lessig: “…when they steal a CC photograph, there is a fight, because there is a CC community that gets together and says “this is outrageous”.

Where was the CC community in Bubblegate? There was quite a bit of stolen CC content in that video and no one said a peep. The CC Community should have been just as pissed off as the ARR Community.

2. He says that we live in this culture of people wanting things in one or two clicks and not wanting to take the time to read detailed language relating to copyright. Yet, CC has more confusing wordiness than ARR. Like, how many different licenses there are, what they mean, etc. Not to mention the fact that sites like flickr neglect to inform people that the licenses are irrevocable. I agree with Scott Baradell who wrote the piece “Why photographers hate Creative Commons” for http://rising.blackstar.com/why-photographers-hate-creative-commons.html when he says that the easiest, simplest way to handle this is to mark a work ARR and then to specify the terms you would like to have it used under. If someone contacts you and asks to use a photo for free, you can grant them the right. Once CC is granted, there IS no turning back and a photographer has lost his rights forever to those images.

3. Most people don’t understand copyright and the legalities of obtaining model releases, etc. So your average flickr photographer licenses images of other people under CC thus giving away rights without consulting the people pictured, as in the case of Virgin Mobile in Australia.

4. I’m just curious, under what authority does Lessig have to develop CC as a system of licensing?

I’m not anti CC, but I think it’s deeply flawed and very confusing.

]]> Comment on EXIF and Beyond: Lawrence Lessig Interview by Nelcha http://jmg_galleries.podbean.com/2008/01/01/exif-and-beyond-lawrence-lessig-interview/#comment-68821 Wed, 02 Jan 2008 10:13:27 +0000 http://jmg_galleries.podbean.com/2008/01/01/exif-and-beyond-lawrence-lessig-interview/#comment-68821 The ONLY valid points that were NOT made here were that sites like Flickr should be Right-click disabled and NOT leave the cookie jar OPEN! and that EVERY © is valid and does NOT have to be complicated. A Thief KNOWS they should ask and NOT steal. Period! The ONLY valid points that were NOT made here were that sites like Flickr should be Right-click disabled and NOT leave the cookie jar OPEN! and that EVERY © is valid and does NOT have to be complicated. A Thief KNOWS they should ask and NOT steal. Period!

]]> Comment on EXIF & Beyond: Dan Heller Interview - The Business by Raoul http://jmg_galleries.podbean.com/2007/06/25/exif-beyond-dan-heller-interview-the-business/#comment-40457 Mon, 25 Jun 2007 14:21:00 +0000 http://jmg_galleries.podbean.com/2007/06/25/exif-beyond-dan-heller-interview-the-business/#comment-40457 Amazing podcast, Jim. Dan's insight is so precise, especially the part about photo quality and marketability. Loved it! Amazing podcast, Jim. Dan’s insight is so precise, especially the part about photo quality and marketability. Loved it!

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