The Digital Photography Show #71: Legal Expert Carolyn Wright and Ten Common Misconceptions of the Law for Photographers
The Digital Photography Show #71: Legal Expert Carolyn Wright and Ten Common Misconceptions of the Law for Photographers (55Mb, 82 mins)
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October 11, 2007: Welcome to the seventy-first episode of The Digital Photography Show!
Sometimes, we hear from listeners of the show about someone doing great work in the field that we really should know about. That was the case with this week’s guest: “Carolyn Wright, The Photo Attorney.â€
Long-time-listener and FOTS (Friend of The Show) Landya wrote me three weeks ago saying “I think it is time for you guys to do another ‘photography and the law’ show.â€
Landya’s suggestion was Carolyn Wright, who has an excellent blog over at PhotoAttorney.com. I contacted Carolyn, asked Landya to fill-in as the co-host for the interview, and the rest is podcast history.
Carolyn is a terrific interview: interesting, articulate and accessible. The topics she discusses are ones you’ll want to know about. Do you need permission to photography a work of art in a public area? If you make money off a piece, is it automatically a commercial work? Can you put someone’s picture on your book cover without a model release?
We answer these and more questions when Landya asks me for my answers to ten common misconceptions of the law for photographers. You’ll astound at my ignorance! Carolyn then gives us the correct answers and explains the rationale behind them.
It’s really fascinating stuff, and I have to say, Carolyn explains everything so clearly that by the end of the quiz I was doing better because I had a (very) basic understanding of how the law looks at these issues.
Carolyn also is giving away a copy of her top-rated book Photographer’s Legal Guide to a lucky listener. Listen for the clue in the show, and send in your answers to TheDigitalPhotographyShow@gmail.com by October 30, 2007. We’ll pick a winner at random.
Before Carolyn and Landya join us, Michael and I take time to catch up. We talk about a lot of things, including how we use and select tripods and my new favorite cookies.
Here’s some of the stuff we discuss:
- Bogen 3021BPro tripod
- Really Right Stuff Ballhead
- Nikon D200 L Plate
- Really Right Stuff Wedding Pro Flash Bracket
- Bogen 322 RC2
Wanna hang out? I will be in NY next week for the PhotoPlus Expo, seeing all the latest and greatest equipment and software. I’m inviting listeners who want to meet up to join me Saturday, October 20th at around 5PM, somewhere around the NYC Convention Center. We can get together, introduce ourselves, and I’ll tell you all the fascinating secrets behind The Digital Photography Show (I’ll try to come up with some.) I’ll also try to score you some schwag at the Expo and we can do contests and giveaways right there. If you’re interested, send me an email with “NYC meet up†in the subject line and we’ll try to put something together.
Don’t forget to check out our latest contest. The prize is a Wacom Bamboo Fun, Medium (there is no large, so you’re getting the biggest there is!), a $199 US value.
Here’s the scoop on the contest:
Theme: A subject demonstrating the act of creativity.
Technique: Photographic technique is up to you, however you need you add that extra personal touch by “signing” your work. You can use a mouse, a trackball, or your Wacom tablet. You can use your first name, last name, or nom de plume. If you’re not using a Wacom, think how much easier it would be to write with one!
1. Email jpg images to dpscontest@gmail.com.
2. The image must be in jpg format, and no more than 800 pixels on its widest side.
3. You may only enter three photographs.
If you send in more than three photographs, the first three received shall be the only ones considered.
4. Please include the original exif info within the image
5. Please rename the image file with the photographers first and last name (so we know it’s yours).
6. If you are inclined to title your image (titles are optional),
please append the title after the photographers name of the image file name.
Example file name: MichaelStein_ElbowStuckInEar.jpg
7. Only one image per entrant can be eligible as a finalist.
8. Please provide us permission to post the image on our Phanfare site.
9. Photos will be accepted through Monday, 22 October, 2007.
10. Enjoy Being Creative!
You can see the contest entries at www.dps.phanfare.com.
We’d love to hear what you thought of the show either here on the blog or at TheDigitalPhotographyShow@gmail.com.
Thanks to our advertiser DXO (www.dxo.com) for the 20% discount they are only offering to listeners of this show. Try the program for free, and when you’re ready to buy, use the NEW CODE: DXODPS. They are just about to come out with a new version that sounds amazing; if you buy now, you get the upgrade for free.
And don’t forget the fifty buck discount on Alien Skin’s Snap Art (http://www.alienskin.com/snapart/index.html). Just call and tell them you heard about it on The Digital Photography Show.
We also appreciate the sponsorship of Wacom (www.wacom.com) and Lensbabies (www.lensbabies.com), two great products for when you want to get creative with your photography.
Wanna participate in the show?
- Send us an email at TheDigitalPhotographyShow@gmail.com
- Leave a comment at www.TheDigitalPhotographyShow.com
- Call in a voice mail to US 301-637-7767
- Join the listener-run (thanks Laurel and Frank!) Flickr group Friends of The Digital Photography Show at http://flickr.com/groups/thedps.
Thanks for joining us here and hope you enjoy this week’s show.
Scott
October 14th, 2007 at 8:58 am
Great show guys.
I always enjoy discussions about photography law because so many photographers are uninformed of the law.
I found question number 9 (below) particularly interesting because I’ve always been annoyed that iStockPhoto.com requires model releases for all recognizable people in all photos submitted regardless of the end use of the image … It’s their right to require this, it’s just kinda silly in my opinion.
9. If a stock agency requires a model or property release, then it must be legally required.
October 14th, 2007 at 1:28 pm
Very interesting show. I did no better than you guys on the quiz.
I just wanted to say . . . don’t laugh at the “hard drive in the freezer” thing until you’ve tried it. I have a friend who used to write hard disk device drivers for a living, and he told about this several years ago. Since then it has saved me at least three times. In each case the drive was toast, but this trick made it work long enough to read my data off it.
The best part, though, is the look you get from people when you suggest it to them!
October 15th, 2007 at 6:23 am
Hi Tim,
I was in no way discarding this suggestion. What I would like to know is how making the drive colder makes it workable. Something is shrinking in the cold (we’re all familiar with shrinkage), which then expands at room temperature. I’m wondering what part of the drive is affected.
–Michael
October 15th, 2007 at 10:40 pm
For Pete’s sake, Scott, *PLEASE* don’t eat during the show! The sounds you made while Michael was talking about
his tripod are inexcusable for guys of your caliber!
October 16th, 2007 at 6:37 am
I am writing to say that show #71 provided me with so much great information. Your photo law guest is fantastic I hope she will return soon. Michael it was so great to hear from you. I would love to hear more from you. Don’t let Scott bully you just because you two are friends and he can get away with it. It is a two man show and for some reason Scott seams to force his style and push you along or cut you off. It ruins the natural dialogue between two people which is more preferable on the air. Michael tell us more about your photo shoots and gear. Your approach to photography and your workflow and what you have learned since this show started. Has your style changed? I would also love to see some of Scott and Michael’s photos. What do you think DPS fans.
October 16th, 2007 at 7:55 am
I just wanted to comment a bit on Scott’s diseased hard drive. I have had good success saving very damaged HD’s with Spinrite, so I would not be too dismissive of it. It requires a PC, but it is NOT a Windows program. It comes with its own OS (the app+the OS fit on a floppy!) and it runs about as close to the metal as you can get. This is exactly what you want. All that is required is that the *PC hardware* see the drive, not Windows. If the problem is only with the data on the platters it will salvage as much as possible–better than a total loss. If your drive sounds normal–does not make an awful grinding, screeching, scraping noise when it is on–then i recommend to go for it…the RAID array business is not relevant; just connect the diseased drive to the motherboard as if it were an ordinary HD and then boot off the Spinrite floppy or cd.
If your HD does not sound halfway normal, then its likely that the controller is bad and you will need to do that “Frankenstein” operation that has already been suggested: Take the “brain” (platters) out of your drive, get a new identical drive, open it up, and then replace the fresh platters in the new drive with yours. The Frankenstein drive will have the brain from your hard disk and the body from the new one. If everything else fails, that ought to work.
October 16th, 2007 at 1:23 pm
Hey Guys, Great show, I love listening to this FREE content every week. I know it takes a lot of time and effort to produce this content.
Having said that;
Scott,
Your new gear sounds great. I’m somewhat of an audiophile and love quality audio, but there was some dry mouth/eating noises coming from that quality recording into my in-ear headphones that I could barely stand. If you were eating or there was no pop-filter or no water? I don’t know, but it was a rough listen. I don’t want to be a “Debbie Downer” but its something I just noticed.
Also… Michael, thanks for ALL the information about your gear, (even though Scott would barely let you get it out). You barely get talk anyways and I like to hear about all the new gear people have and what it does. Scott, chill out on Michael, even if his gear is expensive.
October 17th, 2007 at 2:15 am
Michael and Scott:
” Michael some people say I don’t let you speak – I let you speak, right Michael.” Blah Blah Blah! I can hear it already. I wanted to hear Michael elaborate on the new gear. I didn’t want to hear Scott interrupt.
Scott it’s O.K. as a listener I am used to you. What you say and what I hear are so far apart. Strangely enough I still look forward to the show. I use products that advertise on the show. So I fall somewhere between a critic and a supportive listener. But if there was a Michael Stein Digital Photography Show with the same guests and topics I’d miss you Scott.
Scott, I am sure that you do a lot of preparation and a lot of technical work in order for the show to be this successful. Two man netcast shows can be very successful when you realize the your partner (Michael) is your on-air equal. I believe once you relinquish some of your overbearing control the negativity will stop.I did not know how much criticism you receive Scott. You have no where near the experience Don Imus has and he’s getting still another chance, argh! I believe the show will only get better with the supportive advise you are getting
P.S. The food thing didn’t bother me as much. Your the Captain, right!
October 17th, 2007 at 3:51 am
I really enjoyed listening to Carolyn Wright this week. You should consider asking her to be on the show as frequently as some of your other guests, such as Rick Sammon or Scott Kelby. Scott, you said it yourself when you told Carolyn you could talk to her for another hour on the show. Very insightful to those of us “not above average intelligence”, when it comes to law.
I have to agree with the others when they said they wanted to hear more about Michael’s new photo gear. Michael sounded really stoaked about his new equipment and clearly he was excited to share it. I can relate since my wife doesn’t really understand “photography jargin”, so it’s nice to have an audience that does.
Anyway, keep up the good work and I look forward to the next show.
-Marc
October 17th, 2007 at 4:48 am
Thanks for the feedback. I also thought our guest, Carolyn Wright, was fantastic. I’m glad you enjoyed her.
A few people complained about me eating while on mike – sorry! I was trying to be a little playful after having just talked about the cookies, but I guess it was just annoying. Those cookies are really good though – you should check them out.
I’ve also heard from a few of you that you didn’t like my cutting short the discussion with Michael about his new photo gear. The problem is, the show was already running over an hour and twenty minutes, and I get complaints when the show goes on over an hour. Arrrggh!
What’s that about a rock and hard place?
But I’m glad you let me know what you want to hear. I don’t know if we’re taping a show this week – it would have to be tonight, and I haven’t confirmed yet with Michael that he can do that. I leave tomorrow for Photoplus Expo.
If we do tape tonight, I will be sure to encourage him to talk about his equipment to his heart’s content. But let me know – what do you want to know about Michael’s new equipment? Is there something specific that you’re interested in hearing? If you have questions about it, send it in to us at TheDigitalPhotographyShow@gmail.com and I’ll ask Michael to answer them on air.
Thanks!
October 17th, 2007 at 6:00 am
Wow…not a lot of feedback about Carolyn’s content. I fonr one was quite interested as Carolyn and I had crossed pathes online via a community forum over at naturescapes.net where I stop in on an infrequent basis. Carolyn, it was a pleasure to actually associate a voice with the posts I received from you over there. Thanks so much for all that you do and provide to the photography community. We are always in need of guidance (although some need more than others), and I can’t wait to finish out the rest of the podcast.
Props also to Scott and Michael for devoting as much time as they do to the show. I am trying to get some quality content out there for people on a regular basis too (video tutorials and articles) via my blog, and it can be very challenging at times to produce quality content on any consistent basis (as evidenced in my blog I am still crawing up the underside of that curve! :) ).
Keep up the great work guys (and gals)…
October 17th, 2007 at 6:14 am
I found Carolyn’s interview to be very insightful, I got so many questions wrong — what a wake up call. I enjoyed her interview so much and want to learn more so I’ve already purchased the book even though I’ve entered the free giveaway contest… he he he, I keep doing that! I enter the contest but then buy the product =).
I have to say, Carolyn’s photography is amazing… I spent some time browsing her gallery, beautiful work. Another great show!
Brian
October 17th, 2007 at 11:06 am
Heya,
Scott and I had hoped to tape a show this evening (Tuesday), but unfortunately it will wait until after the PPE trade show.
Michael Cortina, I am not sure what more you would like to hear about the gear I mentioned on the show, but I’d certainly be happy to go into more detail. If you or anyone has questions about anything we mention on the show, please feel free to write here, or write us at our gmail address.
I just shot my 25th high school reunion (anyone out there from Bronx High School of Science?). I also shot a friends engagement party. Both shoots I used the RRS flash bracket with much success. I am not a great flash photographer, but I feel my flash shooting just went up a notch or two.
Of course what I learned is that I now need/want the vertical grip for the D200 as I prefer shooting portrait orientation at events.
Does anyone out there use Gary Fong’s lightspheres? I don’t have time to get them for this weekend’s wedding, but I am intrigued with them.
–Michael
October 17th, 2007 at 1:42 pm
I just listened to the show and I agree with Allen on the requirements of iStockPhoto with the model release for not only people, but also buildings. I think agencies need to have a better understanding of the law and read Ms. Wright’s book, although have them fault aon the side of conservatism does save them a lot of legal hassle.
As usual, another great show! And I am proud to announce (okay, BRAG) that I got all the questions correct on her quiz. Does that make me an expert. No. Just a conscience enthusiast photographer in the photo journalistic style.
October 17th, 2007 at 2:41 pm
I agree another great show.
I had questions, and you guys as always had answers.
I learned a few new things I did not know about the law of photography, especially the model release in specific instances.
Keep it up…!
October 18th, 2007 at 12:40 am
Invite Carolyn back! Not only was the content interesting – I passed the show link on to several friends – it’s a rare thing to be able to translate “legalese” into english. Not only the what, but the WHY…..
October 18th, 2007 at 4:40 am
Thank-you for having Carolyn Wright on the show. She was very articulate and informative. It was very generous for her to share so much information with us. I would love to hear a follow-up someday.
Scott and Michael- you guys do a great job! Part of the reason I listen to the show is that you both are very genuine- you have the the same issues personally and photographically that the rest of us have. Some of the other podcasts that I have listened to have been know to put me to sleep! Scott discusses the topics and conducts the interviews in a very entertaining and professional manner. I remember Michael mentioning in a past podcast that he is somewhat shy. I think the balance between you both works. Keep up the good work. I will miss the show next week, but I can’t wait to hear all about the expo.
October 18th, 2007 at 1:57 pm
r.e. drives in freezers
I’ve heard two explanations for what’s happening. The first is that the problem is some part overheating, so by freezing it first you get more time before the part heats enough to cause the failure.
The second is that some part actually shrinks, and works better when it is shrunk. This could be mechanical, maybe something rubs but not when shrunk. Or it could be electromagnetic, like the head itself shrinks and as a result can read data it couldn’t read before. The latter is what my friend told me, although I admit I don’t see why this would help anyway.
You know, this would make a good mythbusters episode. I can hear the “I was in the pool” jokes now.
BTW if you’re looking at flash diffusers, check out the Demb products: http://www.dembflashproducts.com/diffuser/
I haven’t used them myself, but I’ve also been researching diffusers and I keep seeing them mentioned on some of the forums as both superior and less expensive than the various Gary Fong ones.
October 19th, 2007 at 10:12 am
Michael,
You talked a bit about your RRS ballhead, and Scott talked about his as well. The two ballheads are completely different classes of photo hardware. With a top-of-the-line ballhead like RRS (or Arca Swiss, Markins, or some others), the goal is to NOT lock the ball for shooting but rather to find the “sweet spot.” This allows the camera to remain still for shooting but also allows you to move the camera without changing any settings on the ballhead (no, I’m not making this up). The ballhead will hold your D200, with your 80-200 (and your vertical grip when you get it) and the camera will be locked in position for shooting, but you should be able to move the camera easily without moving the knobs on the ballhead (the tension adjustment is what you use to find the sweet spot.
If you are not a member of Nikonians, Michael, you should join. They have an excellent article on how to set up a ballhead and find that sweet spot.
Scott’s ball head is either locked in place, or not locked (when the grip is depressed). While it is easy to use, it is difficult to do fine adjustments (such as when you’re shooting a landscape and fixing your composition).
The RRS ballhead will allow smooth, fine adjustments, and the moment you release the camera it is there to stay while you shoot.
And, just so you know, I love the show. While I haven’t listened since the beginning, I have listened to every show. You guys are entertaining and interesting and your guests are great.
October 19th, 2007 at 2:53 pm
Great show everyone! I loved the legal topic and made me evaluate my work differently. Very interesting. I also went right home and backed up my external hard-drives. Thanks for the lesson Scott!
October 20th, 2007 at 6:20 am
Hi and thanks for the very interesting show. Carolyn, I appreciate the information you gave all of us and I’ll be ordering your book. I’ve been curious for a while now, especially about copyrights and look forward to reading about them. Thanks for the appearance on the show!
Kay
P.S. Also enjoyed your web-site and the great photos:-)
October 20th, 2007 at 10:57 am
Guys,
Keep up the great work with informative guests! Carolyn Wright was very interesting; such plain talk on a deep subject! Carolyn, I’d like to know more, so I’ll be purchasing your book.
Thanks so much!!
Teresa
October 21st, 2007 at 8:16 am
Hey Michael and Scott…another great show. Carolyn Wright was a very good interview (good questions, Scott and Landya) and the subject was interesting. I learned a lot. I will be buying Carolyn’s book.
I’m fascinated with all the remarks about “Scott’s eating during Michael’s comments”.
I’m not sure what you guys are referring to since I didn’t hear any extraneous noise at all. This must mean: A. You guys are awfully picky (not to mention critical) or B. I need new earphones. I’m glad I didn’t notice it…I would have probably had to get up for a snack.