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	<description>Michael Cockerham's photographic weblog</description>
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		<title>Resumption of service</title>
		<link>http://www.bluefilter.co.uk/2010/07/resumption-of-service/</link>
		<comments>http://www.bluefilter.co.uk/2010/07/resumption-of-service/#comments</comments>
		<pubDate>Wed, 28 Jul 2010 11:37:56 +0000</pubDate>
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				<category><![CDATA[Soap box]]></category>
		<category><![CDATA["we have no budget"]]></category>
		<category><![CDATA[Business practice]]></category>
		<category><![CDATA[clueless]]></category>
		<category><![CDATA[doing it for free]]></category>
		<category><![CDATA[know your worth]]></category>
		<category><![CDATA[prostitution]]></category>
		<category><![CDATA[whinge]]></category>

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		<description><![CDATA[Why is it that so many "photographers" still do not get the concept of charging for their work? If the industry is collapsing, maybe it is the photographers who are at fault.]]></description>
			<content:encoded><![CDATA[<p>I apologise, dear readers. It has been far too long since I wrote anything.  My last post came just days before the birth of my third child &#8211; you will be hearing more about him &#8211; and so much has happened since then. So much to extole and praise. But I need to get on my soapbox first.</p>
<p>A recent <a title="Photographers' excuses for working for free" href="http://rising.blackstar.com/photographers-excuses.html" target="_blank">post on Black Star Rising</a> has attracted a lot of attention, and I find myself fuming because of the illogical responses of so many commentators. I feel like screaming out &#8220;get over yourselves!&#8221; For some reason photography attracts a type of person who feels they have a God given right to be a professional photographer, and they regard the fact that they don&#8217;t earn a living as everyone&#8217;s fault except theirs. The reality is that not everyone who wants to be a photographer can be one. That might seem harsh, but it is no different to saying that not everyone can be a Premiership footballer or Oscar winning actor. The problem is that it is almost impossible to &#8220;pose&#8221; as the footballer or actor, but so easy to pick up a camera and say &#8220;I am a photographer&#8221;. All you need to do is show evidence of your work and you&#8217;re all set, right? Well it might be, if you charged. And there is nothing worse than hearing &#8220;photographers&#8221; complaining that there is no money to be made &#8211; there is, you just have to ask for it, like any other business.</p>
<p>The last exchange of comments between &#8220;Jonathan&#8221; and me, were, I thought, worthy of publishing on Blue Filter. Interesting to see what others make of it all:</p>
<div><strong>Jonathan</strong> said:<br />
July 26th, 2010 at 5:23 pm</div>
<p>This sounds like someone who is quite bitter. It&#8217;s not the 80&#8242;s  anymore folks! Budgets are smaller! It&#8217;s sad &#8211; but right now, NOBODY  knows what the photo budgets of the future will look like. Who knows if  they will exist at all&#8230; All the bitching in the world is not going to  stop the YOUNG, TALENTED, and PASSIONATE photographers of tomorrow  working for $0. In terms of gear/money, all you need is a consumer level  camera and cheap computer&#8230;</p>
<div><strong>Michael</strong> said:<br />
July 27th, 2010 at 9:36 am</div>
<p>@ Jonathan. Your comment is astonishingly ill-conceived.</p>
<p>Yes budgets are smaller than they were. True, no one knows what the  budgets of tomorrow will look like. BUT, there is always going to remain  a demand for professional photography in whatever form that it exists.  As long as there is media of any type, there will be a demand for  professionally crafted images. The key word in that statement is  &#8220;professionally&#8221;. If a person or organisation approaches a photographer  to ask them to produce images (be they social, editorial or commercial  in nature), then they exhibit a demand. It is, always has been, and  always will be the case that anyone expressing a demand for a commercial  transaction should be prepared to pay for the service. Absolutely every  other person involved in the provision of a website, brochure,  magazine, advert, TV programme, print etc will have been paid for their  input. For some reason it is ONLY photographers that seem to labour  under the misapprehension that it is OK to work for nothing. Why?  Primarily because they go to college to be taught how to take pretty  pictures of trees and leaves and rusting car wrecks, but no one thinks  it is necessary to teach them anything about running a business. As a  result, when they enter the big bad world of commerce they feel as  though they shouldn&#8217;t really be there, and are embarrassed to talk about  money.</p>
<p>I have lost count of the number of times I have heard &#8220;photographers&#8221;  start a negotiation by saying &#8220;my rate is $xxx, but I am prepared to  negotiate&#8221;. For goodness sake, don&#8217;t undermine yourself by offering to negotiate  before the client has had a chance to respond to your &#8220;rate&#8221;.</p>
<p>Jonathan, you state: &#8220;All the bitching in the world is not going to  stop the YOUNG, TALENTED, and PASSIONATE photographers of tomorrow  working for $0.&#8221; My response to that is that if they are not being paid,  they are not working. Remember, there is a qualitative difference  between working for nothing and working for free. It is normal for  photographers to approach others and offer to work for free for someone  because it gives them access to something tangible and significant that  helps their careers. But if someone approaches you there have to be very  very compelling reasons for agreeing to work without pay.</p>
<p>It&#8217;s all very well saying that all you need is a consumer level  camera and a cheap computer. I disagree with that statement, but even if  I agree with it, these things still have to paid for. How exactly are  the &#8220;YOUNG, TALENTED, and PASSIONATE photographers of tomorrow working  for $0&#8243; going to pay for these things (and that is without mentioning  PI, PL, EL, and equipment insurance, or all the other costs of business,  and don&#8217;t even think about paying rent, feeding yourself, having a life  etc etc.)</p>
<p>The real reason that this problem exists in the industry is there is a  perception of glamour. There are so many people who want to call  themselves &#8220;photographers&#8221; and they just can&#8217;t get a break by charging,  so they prostitute themselves instead and do it for nothing. But that  act undermines the industry they want to see themselves as a part of. It  is more of an issue since the digital revolution because they can  strafe the subject and hope they get a few acceptable hits. When I  started out you actually had to understand exposure and composition and  film characteristics because you could not afford to waste materials. I  used to have an annual lab bill of $40,000. You can only afford that if  you are charging to do the work. Just because there is no film cost  does not mean that there are no costs. My pro spec cameras get worn out  in about two years. In practice, every time I press the shutter release  it costs about 3 cents. If you buy a consumer level camera it will  actually cost more, not less. Then start looking at storage costs,  backing up, software and computer upgrade costs. How are you going to  pay for that if you work for nothing?</p>
<p>In the UK for the last few years there have been 10,000 people  annually gaining some form of photographic qualification, chasing at best  500 jobs (and that is being generous). The competition is already  really huge. Neither I, nor any other good photographer I know, has any  problem with competition. But the reality is that whether you charge or  not, if you are setting out, the likelihood is that you will NOT  succeed. It is not enough to be a great photographer, you have to be a  good business person too. In fact, the vast majority of successful  professional photographers are not and never will be considered to be  &#8220;great&#8221;, but they are good business people. That, whether you or anyone  else reading this post likes it or not, is an absolute irrefutable fact.  Where there are exceptions, those people employ agents or managers to  look after their business affairs &#8211; and you show me an agent that sells  their photographer to a client for free. In fact, it is well known that  the reason for using an agent is that they will get a MUCH higher fee  for their photographers than the photographers would get themselves. So  much higher, that even with a 50% commission the photographer is usually  better off.</p>
<p>So, where to do we stand with this whole working for free thing? I&#8217;ll  tell you where I stand: a customer approaches me and asks what I  charge. I tell them. If they say that they cannot stretch their budget  that far, I will discuss with them what they can pay and what,  realistically I can offer them. If we cannot reach a compromise, I walk  away. I know that they will go to someone who works for less, and I have  no problem with that. What I hope is that they do not go to someone who  works for free, but if they do, in the long run it is ALL photographers  that suffer.</p>
<p>There will be some people who read this that will disagree in a very  visceral way. If you are one of those, ask yourself why you feel like  that. Then ask yourself if you would do a different job for free. The  fact that you like being a &#8220;photographer&#8221; is not a justification for  doing it for nothing. The only justification for doing it for free is as  a pastime, in which case the client is you, not some third party.</p>
<p>For myself I am busy and well paid, and I KNOW that that is because I  conduct myself professionally and produce good work. I employ  professional services to assist me (lawyers for contracts etc), and as a  result clients know that I am serious and in business.</p>
<p>Yes I negotiate, but in a business like manner.</p>
<p>For example, I have just taken on a commercial job that the client  thought was three days, I made the case strongly that it was simply not  possible in so short a space of time, and told them it was at least six  days, more likely eight days. After negotiation they agreed to eight  days, and I made some concessions on the rate, but they are paying more  than three times what they originally thought it was going to cost. Why,  because they see that the value I can add to their project will pay  them back at least a thousand fold what I am charging them (and trust me  I am earning well from it) &#8211; in short it makes commercial sense.</p>
<p>And that, in a nutshell, is what every photographer should be asking  themselves before they commit to a job: does what I am about to engage  in make &#8220;commercial sense&#8221;? If the answer is always yes, then with luck  you will still be a photographer 20 years from now. If not please post  back in a few years time and tell us all what you are doing instead&#8230;  and whether you do it for free.</p>
<div><strong>Jonathan</strong> said:<br />
July 27th, 2010 at 1:43 pm</div>
<p>If you don’t like the term “working” than consider the term  “volunteering”. Whatever you wanna call it, I speak truthfully when I  say that I know of many many cases where a photographer has produced  images for a commercial body or magazine for nothing other than a photo  credit and bragging rights.</p>
<p>Here’s a pink elephant, my vision of the future (I’m sure this will  be very unpopular): Out of all of the folks who call themselves  “professional photographers” about 0.1% will be actually paying for all  of their costs of business, their mortgage, their assistants,  (everything) and turning a profit to boot. They will be shooting for big  business clients, ones who want the very “best of the best”. Then there  will be about  5% of the “professional photographers” out there who  work another job to make ends meet (such as IT) and shoot jobs about  once a month. They will be paid, but poorly. Why? Their competition will  be so fierce from about the other 94.9% of “professional photographers”  who shoot for free or next to free. Oh wait, I’m not talking about the  future anymore but rather the present&#8230; Hmm..</p>
<p>M, maybe we are coming from different worlds. I shoot fashion. I  assisted some quite well known fashion photographers in the early  2000’s. After looking at your site, I see you shoot different things  than I do. I like your pictures and I can see your talent would be an  asset to a commercial client. However, the fashion budgets are horrific  right now. I am assuming that the rest of the markets are not doing so  well either, judging from the comments above.</p>
<p>All you really do need is a consumer level camera and a cheap  computer. These kidos generally already have a computer. The camera can  be gotten. The part time job maybe could finance it? Bank of mom and  dad? Or Visa? What about the cost of doing business? Well, you said it  yourself; these people are not actually working. So, they’re not  actually doing business. Equipment insurance? Why insure a $1000 camera?  Paying rent? Feeding yourself? Uh, thin is in&#8230; Bottom line is though,  these kids are talented and produce images at no cost to clients. So  yeah, “clients” are happy and (most importantly) not using the other  “professional photographers” (who cost more).</p>
<p>Hey, it sucks. This is what’s going on in my world though and all the  photographers out there who read this take warning, it’s coming your  way. Try and be in that 0.1 percentile and you’ll be OK. OK?</p>
<p>“It is more of an issue since the digital revolution becasue they can  strafe the subject and hope they get a few acceptable hits. When I  started out you actually had to understand exposure and compostition and  film characteristics because you could not afford to waste materials. I  used to have an annual lab bill of $40,000. You can only afford that if  you are charging to do the work. Just because there is no film cost  does not mean that there are no costs.” You sound just like the guys I  assisted and I totally agree with you. However, it also sounds like  you’re upset. Again, I don’t blame you. But please, don’t contest what  I’m saying. I’m living it. You don’t have to understand film exposure  anymore and composition is subjective. Even though pixels do cost money,  a lot of people don’t know they do (like a lot of clients) and let’s be  honest – they are cheaper, less than a $40,000 lab bill. Storage costs?  Computer upgrades? Uh, my MacBook Pro (the 2004/5 model) along with my  pirated copy of Photoshop can handle a file from a P45 no problem let  alone my digital Rebel. Yeah, it’s a little slower than your MacPro but  who cares?! I can’t afford a new computer and it works fine!</p>
<p>“You show me an agent that sells their photographer to a client for  free” – I could, but we’re in public. OK, I couldn’t tell you how much  the client paid the agent, but I could tell you that the photographer  shot the job for free/bragging rights.</p>
<p>“What I hope is that they do not go to someone who works for free,  but if they do, in the long run it is ALL photographers that suffer.”  Already happening, see pretty much all the comments above as proof.</p>
<p>“The only justification for doing it for free is as a passtime, in  which case the client is you, not some third party.” True. We’re going  in circles. The clients, in the end, gets nice HighRes photos for free.  Neat.</p>
<p>I think you have a good business sense (probably better than mine!)  but you are a little in denial about what is happening and where we are  going. I know I sound very defeatist. I just hate surprises. I mean,  there’s a reason this blog post got written in the first place.</p>
<p><strong>Michael</strong> said:<br />
July 27th, 2010 at 6:37 pm<br />
Jonathan, you suggest that I may be upset and in denial. I am far  from upset, my business is lean and efficient and turns a decent profit.  I own my own house and have a wife and three children, all paid for by  photography. My business is growing, and every year I improve my margins  by finding more efficient methods of practice. My software is legit, my  equipment is top end. In the next three months I expect to upgrade my  studio lights, my computer system, my data archives, and my cameras and  some lenses. All of this is paid for through a profitable and reasonably  well run business. There are still things I could do more efficiently  and I address each issue that bothers me in turn. In short, I am far  from upset. The digital revolution has been difficult, but I have come  through it well placed. Next up is the stills/HD video revolution. Where  will that take us I wonder?<br />
As for denial, I have no illusions about what is going on in the  industry, and like I said, there are occasions when shooting for free  (not for nothing) can make commercial sense. For example, you say you  are in the fashion world. Well, I know a photographer (very well known  in the fashion world) who shot an entire campaign for a top drawer  designer for free. Actually, the shoot cost him about $20,000. It  involved A list models, sets, makeup artists, retouchers etc. Why did he  do it? Because the designer was so high profile that he was GUARANTEED a  ten page spread in every edition of Vogue in the world. It was a loss  leader that generated an enormous amount of business for him. Naturally  it was a contractual obligation that the designer did NOT tell anyone  that he had shot for free. The thing is, he was already shooting for  some of the biggest names in entertainment and fashion anyway, and that  is how he got the chance to pitch for such a big account.<br />
So what then is my problem? What is it that is making people write  blogs like this one? It is the simple fact that I feel like I have come  across a group of people who are complaining that their house is burning  down, and yet their solution is to pour gasoline (petrol) on the  flames!<br />
I am fed up with hearing people moan that there is no money in  photography anymore, and then blaming the market, the editors, the art  buyers, the PR people&#8230; everyone they can think of except themselves.  The simple fact is that the people who are screwing the photography  industry and making it impossible to earn a living are the  photographers, not the buyers. The buyers are responding rationally to a  situation created by the glut of people who want to call themselves  photographers so much that they will pay for the privilege. Every time a  photographer agrees to work for free, or starts a negotiation by saying  that they can negotiate on price before the client has responded to the  quoted rate, they hammer the nails into the industry&#8217;s coffin a little  further. It is that that pisses me off.<br />
It is time for photographers around the world to wake up and smell  the coffee. It is not that the business has gone sour, it is that they  are not treating it as a business. Instead of going to another free  Photoshop seminar they should be paying to go to a negotiations  workshop. I know of one company that was approached by one of the  biggest companies in the world to do some work for them. The company&#8217;s  response? &#8220;You can&#8217;t afford us!&#8221; Red rag to a bull. It made the  approaching party more convinced than ever that they could NOT afford  NOT to use them.<br />
Stand outside the world of photography for a moment and look at it  dispassionately: none of the arguments make any sense. Yes budgets are  getting tighter, that is the reality of the world we are living in at  the moment. But in every other industry it mean restructuring to meet  the changing climate. Some companies will fail, and others will actually  grow through recession. But in no other industry will you see companies  working for free &#8211; it is a luxury that they cannot afford. As a result,  although most sectors have seen falling demand, the industries  themselves remain properly balanced. Now consider photography, lets  consider fashion specifically, since that is the area you mention.  Budgets are constrained, but they still exist. Designers are still  trying to run a business, the fashion magazines are still selling and  drawing advertising from design houses and companies with lifestyle  products and services. Fashion shows are happening, models are being  paid, as are set builders, chandlers, make up artists, lighting  companies, events coordinators, caterers, security companies, PR  agencies&#8230; I could go on. All of these people are being paid. So how  come when it comes to the photographs &#8211; the very things which the  fashion industry absolutely needs in order to maintain consumer interest  and as a result cash flow &#8211; there is suddenly &#8220;no budget&#8221;. Of course  there is budget. But if you were in their position and you KNEW that  &#8220;young talented and passionate photographers&#8221; would work for nothing,  what would you do? You would say you have no budget, book someone, and  then laugh about their gullibility with your colleagues over a bottle of  Bollinger paid for out of the money you saved by not having to pay the  photographer. I repeat: it is not THEIR fault, it is OURS.<br />
The facts are these: not everyone that wants to be a photographer can  be one. Just like not everyone can be a Hollywood A-lister or drive a  Bentley. If ALL photographers stopped this working for nothing (not  free) bullshit at once, and started to behave professionally, the future  of the industry would start to look very different very quickly. Do you  seriously think that if we all charged or refused to work that we&#8217;d  just have no pictures anywhere anymore? Of course not. The budget would  suddenly appear because it was always there, lining the pockets of the  clients that should be giving it to you.<br />
You gave me a vision of the future. I&#8217;ll give you mine. The number of  &#8220;professional photographers&#8221; will shrink, but there will be plenty of  paying work for all of us that treat it as a business, not just as an  art. Even the art photographers I know that are successful treat  marketing and business very seriously, that is why they are publishing  books every year and getting funding. That is why I have signed a  commercial contract in the last three months that is worth a quarter of a  million dollars over the next three years. What will it take to make my  vision come true? It will take everyone that is a photographer, or  wants to be a photographer, starting from the basis of believing in  themselves and believing that what they do is important and adds value.  Know your worth and stick to it. If you think the state of the industry  sucks, then do something about it, because our future really is in our  hands.</p>
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		<title>The Digital Economy Bill &amp; the Tories&#8217; position</title>
		<link>http://www.bluefilter.co.uk/2010/04/the-digital-economy-bill-the-tories-position/</link>
		<comments>http://www.bluefilter.co.uk/2010/04/the-digital-economy-bill-the-tories-position/#comments</comments>
		<pubDate>Fri, 09 Apr 2010 06:09:01 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Soap box]]></category>
		<category><![CDATA[whinge]]></category>

		<guid isPermaLink="false">http://www.bluefilter.co.uk/?p=716</guid>
		<description><![CDATA[Jeremy Hunt's presentation of the Conservative response to the Labour Government's rushing through the Digital Economy Bill in the wash-up period.]]></description>
			<content:encoded><![CDATA[<p>Further to my earlier posts I have come home to a letter from Michael Fallon MP (his ears must have been burning) &#8211; nice to see that he has taken it on himself to keep me abreast of developments.</p>
<blockquote><p>Dear Michael Cockeram (sic),</p>
<p><strong>Digital Economy Bill</strong></p>
<p>Thank you for contacting me about this important Bill.</p>
<p>Labour left it disgracefully late to bring this Bill to the Commons, and they are now rushing it through in two days &#8211; normally a Bill of this importance would be scrutinised in detail for two <span style="text-decoration: underline;">months</span>.</p>
<p>Faced with this, our shadow Culture Secretary, Jeremy Hunt, has set out the Conservative position. Because we hope to form the next government, I thought you would like to have as much detail as possible, so I am enclosing copies of his speech and of his letter to fellow MPs.</p>
<p>With all best wishes,</p>
<p>Sincerely,</p>
<p>Michael Fallon</p></blockquote>
<p>From the tone of the letter you could be forgiven for thinking that there was an election in the offing! In all seriousness though, given the degree to which this Bill has caused alarm in the photographic community here and abroad, I thought it was worth sharing these items with you, as well as some thoughts that arise from them.</p>
<p>Firstly, Jeremy Hunt&#8217;s letter to his fellow MPs:</p>
<blockquote><p>Dear Colleague,</p>
<p>I know that a great many of you have been contacted about the Digital Economy Bill. I wanted to get in touch to set out our position on a number of its different aspects as I realise many of them are controversial.</p>
<p>Firstly I share a number of concerns about the constitutional aspects of rushing this Bill through in wash up. It is deeply regrettable that the Government was unable to prioritise Parliamentary time in the House of Commons. It says a great deal about their support for the creative industries that despite considering many of these issues as far back as 2006 they have only now just brought this piece of legislation forward.</p>
<p>Despite these concerns there are a number of very important aspects of this Bill that are needed as soon as possible. Online piracy is a rapidly growing problem for our creative industries and one that we need to tackle. The measures within the Bill designed to block access to websites promoting illegal downloading and tackle illegal peer to peer file sharing set up a relatively weak regime that could, following repeated warnings and due process, lead to people having their internet connection temporarily suspended. It will not, as many have suggested, lead to people being disconnected without an appeal. Even if people are disconnected they will be able to sign up to another ISP immediately without penalty.</p>
<p>Blocking these measures in their entirety would have risked hundreds of thousands of jobs in the TV, film, music and sports industries and therefore not something we are willing to do. However the substantive point to make to your constituents is that <span style="text-decoration: underline;">widespread concern over these measures would have been assuaged if a committee stage had been allowed for the Bill prior to wsh up</span>. I have no doubt such scrutiny would have improved these measures, a point I made strongly in this afternoon&#8217;s debate on the Bill.</p>
<p>There are a number of other aspects of the Bill that we do not find acceptable and we will be doing all we can to remove these during the wash up process. Clause 1 adds an unnecessary duty to the regulator Ofcom which will make little difference to the way they operate. Clause 29 will prop up regional news with tax payer subsidy when we should be looking at long term financially sustainable measures to support local news. Finally, clause 43  tries to create a system that would unlock a large amount of digital content primarily held by the BBC and the British Library whose ownership is unknown. Unfortunately this has been drafted so badly that many rights holders would find their content automatically defined as an orphan work &#8211; as such they would lose control over their content. We cannot support these provisions but will return to this issue after the General Election.</p>
<p>I am very happy to discuss any of these issues should you find it helpful.</p>
<p>Yours sincerely,</p>
<p>Jeremy Hunt</p>
<p>Shadow Secretary of State for Culture, Media and Sport</p></blockquote>
<p>The key point to note from Mr Hunt&#8217;s letter is that they are not against the premise that gave birth to clause 43, only that it was so badly drafted it would create unacceptable problems for people creating content now. Indeed, in his speech during the debate, and in response to a question posed by Dr Julian Lewis (Conservative MP for  New Forest East), Mr Hunt said, &#8220;We would like to support the objectives of [clause 43] on orphan works, but unintended consequences occur unless the wording is right.&#8221;</p>
<p>On one level photographers should find his statement reassuring, assuming that the Tories find themselves in power in a month&#8217;s time. However, when taken with two other statements he made, I suspect we may not be out of the woods yet.</p>
<p>The first is when he said, &#8220;We are stating categorically that we reserve the right to review anything that becomes law as a result of the wash-up, if we win the next election, and we will indeed review it if it turns out that the legislation is flawed. &#8230; Legislation is urgently needed to protect jobs, and their competitive position. It has taken this Government 13 years to bring these issue before the House, and the industries are worried that if the whole thing is killed now, they might have to wait a very long time&#8230;&#8221;</p>
<p>The second statement, a little further on: &#8220;We agree with the Secretary of State about the critical importance of the digital and creative industries &#8211; the largest independent television production sector in the world, the second largest music exporter in the world and,&#8230; the third largest film and video games industries in the world. When we desperately need to rebuild a broken economy in proven areas of British competitive advantage, what way is this to treat those industries?&#8221;</p>
<p>The question that naturally arises from this position is if Her Majesty&#8217;s Opposition is of the opinion that this legislation is so vital in principle, that the industries it affects are so strategically important to the UK economy as a whole, and that the Bill as presented by the government is so fundamentally flawed, why did they not opt to block its passage and commit to introduce a suitable replacement for proper considered debate and detailed committee analysis immediately after the election once they had assumed the reigns of power? If the industries affected have been waiting 13 years for legislative help, surely another six months to get the legislation right is not unthinkable.</p>
<p>It seems reasonable to suppose that they are merely paying lip service to the importance of the legislation and the industries it affects and that they would not find it that urgent a problem to address after the election, although I could be charitable and suggest that they recognise the fickle nature of the electorate and did not want to chance the possibility of not being returned to office and Labour just ignoring the issue altogether if the Bill were blocked at this stage.</p>
<p>In truth, I suspect the former is more likely, in which case one wonders what the impact on the creative industries will be when the new Secretary of State starts to pick over the flawed legislation and try to make the proverbial silk purse. He has already gone on record saying that the <em>idea</em> of clause 43 is laudable, but has given no indication as to how a Conservative government might address the considerable problems it might cause for working photographers. And if their approach is that bad legislation is better than no legislation, it does not bode well for an easy few years ahead as we try to protect what remains of an industry that some already consider to be in crisis.</p>
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		<title>Copyright is the battleground of the digital age</title>
		<link>http://www.bluefilter.co.uk/2010/04/copyright-is-the-battleground-of-the-digital-age/</link>
		<comments>http://www.bluefilter.co.uk/2010/04/copyright-is-the-battleground-of-the-digital-age/#comments</comments>
		<pubDate>Thu, 08 Apr 2010 13:17:23 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Soap box]]></category>
		<category><![CDATA[Business practice]]></category>
		<category><![CDATA[doing it for free]]></category>
		<category><![CDATA[know your worth]]></category>
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		<guid isPermaLink="false">http://www.bluefilter.co.uk/?p=706</guid>
		<description><![CDATA[More on DEB and a class action suit against Google by photographers in America]]></description>
			<content:encoded><![CDATA[<p>Well, the government had their way, and with the collusion of the Tories the Digital Economy Bill was passed for a third reading with barely two hours of debate, and it will get royal assent and pass into law before Parliament is dissolved. The good news for photographers is that the Tories did manage to wrangle some concessions from the Government, not least of which was the dropping of Clause 43. <a title="Stop 43" href="http://www.stop43.org.uk/" target="_blank"><em>Stop 43</em></a> a coalition of photographers has been quoted as saying:</p>
<blockquote><p>&#8220;The UK government wanted to introduce a law to allow anyone to use your  photographs commercially, or in ways you might not like, without asking  you first. They have failed.&#8221;</p></blockquote>
<p>But it is clear that the issue of copyright in the digital age is not going to go away. Dominic Cooper, the General Secretary of the Chartered Institute of Journalists has just sent me through this:</p>
<blockquote><p>Google’s sweeping digital book  settlement is facing extra complication and delays as photographers and  illustrators prepare to file a fresh class action lawsuit against the internet  company over images used in the publications it has been  digitising.</p>
<p>The  American Society of Media Photographers and a number of related trade  associations are expected to file the case against Google on Wednesday in the US  District Court for the Southern District of New  York.</p>
<p>The  action is separate but similar to a class action that is the subject of a  pending $125m settlement filed  against Google by authors and publishers related to the Google  Library Project, which aims to scan some 18m books on to an online database.  Photographers and illustrators were not allowed to join the existing class  action suit, and have opted to file their own  case.</p>
<p>“Google is scanning in books and  publications with visual images, which impedes the rights of the copyright  holders of those images. We are seeking compensation for that,” said James  McGuire, founding partner of law firm Mishcon de Reya, who is leading the  case.</p></blockquote>
<p>The reality is that the rapidly changing business models for photography are resulting in increasing numbers of amateurs being content to earn a few bucks here and there through sales of images via photo-sharing sites like Flickr without being overly concerned about tracking usage and third party syndication  or other copyright infringements. Many are simply chuffed to see their images in print, and while there is nothing wrong with this in principle, it is leading to a wholesale dilution of the market&#8217;s expectations of how &#8220;photographers&#8221; regard their intellectual property. As a result, while many professional photographers are learning to shift their business strategies and diversify by playing the amateurs at their own game with frequent submissions to similar sites and microstock agencies, they are having to fight a rearguard action to protect their work from big business which has the power to ride roughshod over photographers as a whole.</p>
<p>For any amateurs reading this, the moral is simple: there is more than enough room for you and the often excellent work you produce, but if you don&#8217;t place a realistic value on it then others will treat it as worthless, and in the end that makes photography as a whole all the poorer.</p>
<p>So on the subject of photographers protecting their jobs, it seems a good time for some more What The Duck:</p>
<div id="attachment_711" class="wp-caption aligncenter" style="width: 610px"><a href="http://www.bluefilter.co.uk/wp-content/uploads/2010/04/WTD3.jpg"><img class="size-full wp-image-711" title="WTD3" src="http://www.bluefilter.co.uk/wp-content/uploads/2010/04/WTD3.jpg" alt="What The Duck strip by Aaron Johnson" width="600" height="200" /></a><p class="wp-caption-text">Job Security © Aaron Johnson 2010</p></div>
<p>UPDATE: Have just discovered that Michael Fallon MP (whom regular readers will recall I had written to on this issue) voted against the bill as a whole. Thank you Mr Fallon. I would like to think my letter had some influence.</p>
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		<title>You couldn&#8217;t make it up!</title>
		<link>http://www.bluefilter.co.uk/2010/04/you-couldnt-make-it-up/</link>
		<comments>http://www.bluefilter.co.uk/2010/04/you-couldnt-make-it-up/#comments</comments>
		<pubDate>Tue, 06 Apr 2010 12:37:17 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Business practice]]></category>
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		<guid isPermaLink="false">http://www.bluefilter.co.uk/?p=703</guid>
		<description><![CDATA[How the Labour and Tory parties have managed to demonstrate that the DEB cannot be allowed to pass into law.]]></description>
			<content:encoded><![CDATA[<p>The Digital Economy Bill is to be debated in the Commons this afternoon, and I suspect its advocates in the House are hoping it can be dealt with swiftly and passed into law before Parliament is dissolved. You can be sure that <em>Blue Filter </em>will be keeping an eye in proceedings and reporting the outcome. In the meantime, if you want a staggering example of why this legislation is so important read Jeremy Nicholls&#8217; <a title="Digital Economy Bill turns to Ashes" href="http://www.jeremynicholl.com/blog/2010/04/05/uk-digital-economy-bill-turns-to-ashes/" target="_blank">highly informative post</a> on the Russian Photos Blog. Really&#8230; it defies belief.</p>
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		<title>And the battle begins</title>
		<link>http://www.bluefilter.co.uk/2010/04/and-the-battle-begins/</link>
		<comments>http://www.bluefilter.co.uk/2010/04/and-the-battle-begins/#comments</comments>
		<pubDate>Tue, 06 Apr 2010 10:49:14 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Odds and ends]]></category>
		<category><![CDATA[art]]></category>
		<category><![CDATA[England]]></category>
		<category><![CDATA[large format]]></category>
		<category><![CDATA[portray]]></category>

		<guid isPermaLink="false">http://www.bluefilter.co.uk/?p=700</guid>
		<description><![CDATA[Simon Roberts has been commissioned to be the official election artist.]]></description>
			<content:encoded><![CDATA[<p>Well the starting gun has been fired and the contest begins. Many have a very negative view on whether anything positive will come from the general election, but photographers can take heart, thanks to the Houses of Parliament and Simon Roberts, there will be at least one good thing to come from it:</p>
<p><object classid="clsid:d27cdb6e-ae6d-11cf-96b8-444553540000" width="640" height="385" codebase="http://download.macromedia.com/pub/shockwave/cabs/flash/swflash.cab#version=6,0,40,0"><param name="allowFullScreen" value="true" /><param name="allowscriptaccess" value="always" /><param name="src" value="http://www.youtube.com/v/zSDiO2IYWRc&amp;hl=en_GB&amp;fs=1&amp;color1=0x3a3a3a&amp;color2=0x999999" /><param name="allowfullscreen" value="true" /><embed type="application/x-shockwave-flash" width="640" height="385" src="http://www.youtube.com/v/zSDiO2IYWRc&amp;hl=en_GB&amp;fs=1&amp;color1=0x3a3a3a&amp;color2=0x999999" allowscriptaccess="always" allowfullscreen="true"></embed></object></p>
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		<title>Focus and things</title>
		<link>http://www.bluefilter.co.uk/2010/03/focus-and-things/</link>
		<comments>http://www.bluefilter.co.uk/2010/03/focus-and-things/#comments</comments>
		<pubDate>Wed, 10 Mar 2010 13:31:29 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Odds and ends]]></category>
		<category><![CDATA[astronaut]]></category>
		<category><![CDATA[whinge]]></category>

		<guid isPermaLink="false">http://www.bluefilter.co.uk/?p=692</guid>
		<description><![CDATA[Platine Rag for Owen Garriott and the plebs at Focus, plus something special... maybe...]]></description>
			<content:encoded><![CDATA[<p>So much to do, so little time.</p>
<p>Went to Focus yesterday. The annual trudge to Birmingham to fight my way through the throngs of hobbyists who insist for reasons best know to them on walking round the show festooned with every camera they own. What the hell they expect to photograph I don&#8217;t know. The irony is that they seem to do so in the hope that they will be taken seriously by the exhibitors because they wear their cameras like a badge, when in fact the &#8220;serious&#8221; photographers are instantly recognisable by virtue of <em>not</em> carrying all their cameras.</p>
<p>Sadly, some years ago the specialist retailers realised that there was money to be extracted from these people, so they started being more proactive in selling at the show. As a result those that go to ask questions of manufacturers and distributors, or make supply deals that could save them tens of thousands of pounds a year, find that they are constantly fighting against the tide of equipment and gadget freaks.</p>
<p>The result? Well, I bumped into a friend, a respected photographer, publisher and writer on photography, and asked him how he was. &#8220;I&#8217;m at Focus doing my penance. What do you think?&#8221; came the reply.</p>
<p>Anyway. A productive show for me. Answered all the questions that I needed to address, has given me food for thought and opened new opportunities, all of which I will write about in good time. One thing I will share with you quickly though is <em>Canson Platine Rag</em>. Got hold of some samples, and just made a test print of this picture on it. Exquisite paper!</p>
<div class="mceTemp mceIEcenter">
<dl id="attachment_695" class="wp-caption aligncenter" style="width: 610px;">
<dt class="wp-caption-dt"><a href="http://www.bluefilter.co.uk/wp-content/uploads/2010/03/Owen-Garriott-Type-55a.jpg"><img class="size-full wp-image-695" title="Owen-Garriott---Type-55a" src="http://www.bluefilter.co.uk/wp-content/uploads/2010/03/Owen-Garriott-Type-55a.jpg" alt="Owen Garriott - NASA astronaut." width="600" height="764" /></a></dt>
<dd class="wp-caption-dd">Owen Garriott &#8211; NASA  astronaut, Skylab II and STS-9/Space Lab 1. Image © Michael Cockerham  2008</dd>
</dl>
</div>
<p>The show finished, I wandered back to the station (went on the train this time &#8211; so much easier), got a beer in the bar, and the phone rang. It was an editor with an assignment. So exciting an assignment (for me anyway) that I nearly dropped my beer. Just a couple of days to go, but if it comes off as planned, you can be sure I will be telling you about it!</p>
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		<title>The threat to our living &#8211; update II</title>
		<link>http://www.bluefilter.co.uk/2010/03/the-threat-to-our-living-update-ii/</link>
		<comments>http://www.bluefilter.co.uk/2010/03/the-threat-to-our-living-update-ii/#comments</comments>
		<pubDate>Wed, 03 Mar 2010 17:53:36 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Soap box]]></category>
		<category><![CDATA[chaos]]></category>
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		<guid isPermaLink="false">http://www.bluefilter.co.uk/?p=681</guid>
		<description><![CDATA[Michael Fallon MP's response to my letter regarding the Digital Economy Bill.]]></description>
			<content:encoded><![CDATA[<p>Busy, busy. Half way through a shoot for a bespoke bed manufacturer, very interesting &#8211; never knew how complex making a bed was, at least that is the excuse I gave my mother as a child and my wife now!</p>
<p>Anyway, a little belatedly, I have had a <a title="The threat  to our living - Blue Filter" href="http://www.bluefilter.co.uk/2010/02/the-threat-to-our-living/" target="_blank">reply</a> from Michael Fallon MP. I assume from the tenor of his reply that he is seeking reelection:</p>
<blockquote><p>Dear Michael Cockeram (sic),</p>
<p>Thank you for your email  of last week about the Digital Economy Bill. My apologies for not  replying earlier.</p>
<p>This Bill is in the House of Lords and has yet to reach  the Commons but we are already aware of the substantial concerns about  authors&#8217; rights and &#8220;orphan&#8221; works. The Conservative Party wants to  ensure that the Bill does not damage the exisiting rights of content  creators, not least those of professional photographers, and that it  prevents identifying information from being stripped out from a digital  image.</p>
<p>Some amendments are due to be made in the Lords next week but we  shall want to scrutinise this part of the Bill very carefully when it  reaches us, and improve it if necessary.</p>
<p>I am copying your concerns to  our Conservative spokesmen here.</p>
<p>With all best wishes,</p>
<p>Michael Fallon</p></blockquote>
<p>Well, the good news is that he appears to be on the side of professional photographers (I wonder how many reside in his constituency, and if you&#8217;re one and you didn&#8217;t notice apparently he is Conservative and there is an election?), although I am a little troubled by the &#8220;improve if necessary&#8221; bit. I think most photographers that have taken an interest would say that it was necessary, so no ifs, just improve, please. I might then even forgive your spelling my name wrong.. poor that, really poor, and there is an election soon too!</p>
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		<title>What the duck</title>
		<link>http://www.bluefilter.co.uk/2010/02/what-the-duck/</link>
		<comments>http://www.bluefilter.co.uk/2010/02/what-the-duck/#comments</comments>
		<pubDate>Wed, 24 Feb 2010 07:39:37 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Odds and ends]]></category>
		<category><![CDATA[doing it for free]]></category>
		<category><![CDATA[funny]]></category>

		<guid isPermaLink="false">http://www.bluefilter.co.uk/?p=665</guid>
		<description><![CDATA[What the Duck - The Audacity of Hope.]]></description>
			<content:encoded><![CDATA[<p>I have been aware of the satirical cartoon <a title="What The Duck website" href="http://www.whattheduck.net" target="_blank">What The Duck</a> for some time, as it makes its pointed comments about photography. These things, though, have a habit of getting lost in your consciousness, so I am grateful to my Canadian correspondent, Kevin Argue for reminding me about the strip earlier.</p>
<p>I figured it might be nice, from time to time, to embed strips that have a relevance to the preceding posts. If you love photography and have a keen sense of humour, click on the strip to be taken to the What The Duck site and sign up to receive the newsletters and strips.</p>
<p>Here&#8217;s the first:</p>
<div id="attachment_671" class="wp-caption aligncenter" style="width: 610px"><a href="http://www.whattheduck.net/strip/911"><img class="size-full wp-image-671" title="WTD911" src="http://www.bluefilter.co.uk/wp-content/uploads/2010/02/WTD911.gif" alt="What The Duck strip by Aaron Johnson" width="600" height="200" /></a><p class="wp-caption-text">The Audacity of Hope © Aaron Johnson 2010</p></div>
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		<title>The threat to our living &#8211; update 1</title>
		<link>http://www.bluefilter.co.uk/2010/02/the-threat-to-our-living-update-1/</link>
		<comments>http://www.bluefilter.co.uk/2010/02/the-threat-to-our-living-update-1/#comments</comments>
		<pubDate>Fri, 19 Feb 2010 12:21:58 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Soap box]]></category>
		<category><![CDATA[Business practice]]></category>
		<category><![CDATA[chaos]]></category>
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		<guid isPermaLink="false">http://www.bluefilter.co.uk/?p=658</guid>
		<description><![CDATA[Response from Derek Conway MP to my letter regarding the Digital Economy Bill]]></description>
			<content:encoded><![CDATA[<p>I have received a reply from Derek Conway to my <a title="The threat to our living - Blue Filter" href="http://www.bluefilter.co.uk/2010/02/the-threat-to-our-living/" target="_blank">letter</a> regarding the Digital Economy Bill. It has all the passion of a man on his way out of politics and probably couldn&#8217;t care less:</p>
<blockquote><p>Dear Mr Cockerham,</p>
<p>The reality is that the government will get its way on the Bill unless the Opposition manages to block it during the winding up of the present Parliament.</p>
<p>As an individual MP there is no way I can prevent this measure making progress so I hope your professional association has made the points you have given me to the Conservative and LibDem spokesmen.</p>
<p>Kindest regards,</p>
<p>Derek Conway TD MP</p></blockquote>
<p>So much for representing the interests of your constituents! I never thought for a minute that he personally could stop it. But surely it is incumbent on him, however long he remains in the House, to hold the Executive to account? He could reassure me that he would ask probing questions and make a valid contribution to any debate. But apparently his attitude is, &#8220;what&#8217;s the point&#8221;?</p>
<p>It occurs to me, that with so many MPs declared to be standing down, that many, if not all, will be taking a similar approach. If so, we &#8211; the people &#8211; are no longer being represented at all, and there can be no greater justification for a call that Parliament be dissolved and a general election called immediately.</p>
<p>I await Michael Fallon&#8217;s response. In the meantime, <a title="BJP blog update on the Digital Economy Bill" href="http://www.bjp-online.com/public/showPage.html?page=873410" target="_blank">this</a> has been published today by the British Journal of Photography.</p>
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		<title>Watching a master II</title>
		<link>http://www.bluefilter.co.uk/2010/02/watching-a-master-ii/</link>
		<comments>http://www.bluefilter.co.uk/2010/02/watching-a-master-ii/#comments</comments>
		<pubDate>Thu, 18 Feb 2010 15:52:52 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Profiles]]></category>
		<category><![CDATA[art]]></category>

		<guid isPermaLink="false">http://www.bluefilter.co.uk/?p=648</guid>
		<description><![CDATA[Helmut Newton documentary, Frames From The Edge.]]></description>
			<content:encoded><![CDATA[<p>Over the years I have collected some informative documentaries exploring the work of great photographers. One of my favourites is called <em>Frames from the Edge</em> and concerns the work of the late, great <a title="Official Helmut Newton website" href="http://www.helmutnewton.com/" target="_blank">Helmut Newton</a>. Newton was a master of fashion photography with an erotic twist, and his work was always very clearly his. His life makes for interesting reading too, and I can recommend his <a title="Helmut Newton Autobiography on Amazon" href="http://www.amazon.co.uk/Helmut-Newton-Autobiography/dp/0715633236/ref=sr_1_7?ie=UTF8&amp;s=books&amp;qid=1266507154&amp;sr=8-7" target="_blank">autobiography</a> published shortly before his death in 2004.</p>
<p>Anyway, someone has seen fit to publish the documentary on YouTube, so I am delighted to bring it to the attention of my readers. Enjoy.</p>
<p>PS   I know that Part 7 appears to be missing &#8211; I shall keep a look out for it.</p>
<p><object style="width: 600px; height: 481px;" classid="clsid:d27cdb6e-ae6d-11cf-96b8-444553540000" width="600" height="481" codebase="http://download.macromedia.com/pub/shockwave/cabs/flash/swflash.cab#version=6,0,40,0"><param name="src" value="http://www.youtube.com/v/Q4jZFBMkxEI&amp;hl=en_GB&amp;fs=1&amp;" /><embed style="width: 600px; height: 481px;" type="application/x-shockwave-flash" width="600" height="481" src="http://www.youtube.com/v/Q4jZFBMkxEI&amp;hl=en_GB&amp;fs=1&amp;"></embed></object></p>
<p><object style="width: 600px; height: 481px;" classid="clsid:d27cdb6e-ae6d-11cf-96b8-444553540000" width="600" height="481" codebase="http://download.macromedia.com/pub/shockwave/cabs/flash/swflash.cab#version=6,0,40,0"><param name="src" value="http://www.youtube.com/v/vUnyj1G9Ulw&amp;hl=en_GB&amp;fs=1&amp;" /><embed style="width: 600px; height: 481px;" type="application/x-shockwave-flash" width="600" height="481" src="http://www.youtube.com/v/vUnyj1G9Ulw&amp;hl=en_GB&amp;fs=1&amp;"></embed></object></p>
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