Festivities, fun and fireworks

Well, it only seems like about a year ago (give or take a few days) since I last wrote about the 'C' word. Yup, that's right - Christmas is just around the corner once again!

Am I more prepared this year? Um... well, I'd have to go with an optimistic "It's too early to say right now." Certainly there are a few things which have been discussed and which have got my brain moving in the right direction. One major achievement, though, is that I have a date set in the diary for getting the decorations out and put up. Hey, it's progress!

On a larger, more public scale, you would expect commercial organisations to be in full flow on this front. And from what I can see on a local level, they are. Christmas lights, street entertainers, hot chestnut vendors, kiddies meeting Santa's reindeer... all these things were set up and ready to be captured through my lens on a recent shoot for one of the local city councils.

In terms of photography, this was pretty typical stuff for me - but as regular readers know, I love getting involved with events as they present so much subject matter to indulge in! Doesn't matter what the theme is - everything from local themed Birthday parties to internationally-recognised multiple-day events.

Thankfully, I was given a pretty loose brief on this day, with only two main technical considerations. One was to keep an eye on timings, as various highlights were happening in specific places at specific times (such as a choir singing and the turning-on of Christmas lights).

Secondly, I had to be aware of the inclusion of young children (sub-18yrs) in my pictures. Such is our current climate of fear/paranoia/mistrust that I will typically make a point of introducing myself to any kids' parents, explain why I am photographing, and for whom, and then request permission to take photographs.

On this latter point, a standard official minor-/model release form often needs to be completed; something of an inconvenience at times, but at least it does offer some reassurance to all those involved about one's legitimacy and professionalism. In simple terms, it is an official 'permission slip', and is standard practice in our industry. It's sad to have to take these steps, but an unfortunate necessity.

But back to the event...

All was going well up to about 4:45pm when, with light almost completely faded, the area was treated to a not-altogether-festive downpour of rain which, quite typically, decided to fall in biblical fashion just around the time that the firework display was set in motion, moments after the blessing of the Christmas tre and turning on of lights.

Having researched and arranged my shooting position earlier in the day, all plans quickly evaporated as I only had a 7-minute window and needed to get some - any - shots showing the display acting out behind the cathedral. In spite of the conditions, I managed to get the tripod set up just in time (to avoid camera shake during long exposures).

So relentless was the weather that I could not very well keep the lens free from rain as the camera was tilted skywards and (due to logistical reasons) I did not have an umbrella to hand. Without exaggeration, the water was literally flowing off my camera and yet the Nikon still performed (another fitting testament to the pro- versus amateur-build quality debate).

You can clearly see the water droplets recorded as out-of-focus highlights in the picture on the left here. Yes, I could have wiped the glass, but this would only have smeared the water around - and with so little time available, I would most likely have missed my chance to record a decent number of frames.

Now, admittedly these were not the greatest fireworks pictures I have ever produced (they wouldn't be, under such conditions) - but you know what, I kind of like happy accidents. Call it 'artistic license' if you like. Whatever. But at the end of the day, I am a creative who is brought onboard a project for that very reason - to put my angle on recording the subjects I am presented with.

All said and done, everyone seemed to be having a great time and were not put off by this soggy end to the day. The resulting imagery will now be used immediately and throughout the coming year (and beyond) for all manner of promotional purposes. Think in terms of websites, flyers, festivities brochures in the run-up to Christmas, annual reports etc and you won't be far wrong.

You know what? It almost feels like Christmas... :)

A matter of ownership

Many of you will have either read the above edition of Metro, or else heard through one channel or another that Facebook recently changed some of its Terms and Conditions; in effect, the powers that be granted themselves full rights and indefinite use of all users' photographs, 'Wall' posts and additional information. There was no advance warning, no communication with users, and certainly no open discussion. As you can imagine, once word got out, the news triggered something of an outcry... which ultimitely brought about Facebook's retraction of their newly amended Ts&Cs.

How does such a large company (are they an 'organisation' yet?) make such a huge mistake, when clearly they have unlimited resources of legal and ethical practice advice? Of course Mark Zuckerberg, the site's founder, immediately started backpedalling by saying that no content would be "shared in a way you wouldn't want". Oh, well that's ok then - we can all rest easy again.

But this isn't about Facebook, so let's move on.

The issue of content and material ownership is still very much a misunderstood one. As image makers, creatives, authors, we know that a breach of the Copyright laws which govern such material is a very serious matter - and one that can have very serious ramifications. But for the 'consumer', there is a definite lack of education on the subject, so perhaps it is not so surprising that people are often taken aback when you try to explain that they simply can't take an image they find and use it for their own purposes.

Here's a real-life example: A while back, I was talking to a client of ours during the course of a shoot. The subject of picture usage came up and the conversation went something like this:

Client - Where can I get a photograph to illustrate computing and technology?
Me - Well, either we could produce a bespoke image to your requirements, or else you could try a stock library, such as ours. But whatever you do, don't just lift a picture you like directly from a website.
Client - Oh, is that not allowed?
Me - No, this is a breach of coyright... etc... etc...

Some months later, I was talking to another client and he happened to mention the man above. Turns out, he ignored my advice and took a picture he liked directly from a website anyway. The website owners found out and started court proceedings almost immediately.

Another example: In the last few days, I received an email from a new client with whom we are due to do a shoot in a couple of weeks' time. The resulting images will be supplied on disk (as is often the norm), and he will be free to use them on his organisation's website and in various local press. In the message, the question was asked "Can we then sell the images on to our members?" I explained that this would also be a breach of the law, because images are supplied for the stated usage and copyright always remains with the photographer unless an agreement is reached to purchase it outright. Essentially, the photographs are classed 'not for resale'.

As a result in the case above, and after finding out more information about just what was required, we are now going to make all the images available via the secure, password-protected Client Area of the GBP website, so that members can purchase photographic prints as and when they wish.

So, what is the moral of this post, if indeed one exists? Well, clearly there are plenty of people out there who will always defy the law, always feign ignorarance if they think it will save them a few pennies. However, in the end, this approach often catches up with them. More importantly, I think, it all comes down to education. Specifically, people need to be educated about how and why they can or can't use images that appear to be at their disposal. There's nothing wrong with asking, as the second example above proves, and in the long run everyone ca and should benefit.

Communication is the key.

Photography and the Law

It's an old battle, and one which will no doubt rage for many years. Always something of a 'hot potato', the legalities of who can take photographs, where and when, are not always well defined.

I was recently sent a link to this article on the BBC news magazine website, which clearly highlights a number of factors from which the problem stems - most notably inexperience, lack of knowledge, fear and misunderstanding.

Certainly, I have seen a noticable change in how we (photographers) now have to approach certain subjects. For example, there was a time not that long ago when at a public event hosted by a client, and as part of my brief, I was able to freely take natural, unposed long-lens shots of children innocently playing on the grass. Not so any more. Now, I am always on my guard, keeping one eye on the parents and the other on the kids themselves.

There are two ways in which these situations could begin to unfold - either I continue shooting and wait for the parents to approach me with a myriad of questions or I take the time to go over to them to explain the situation and get the all-clear. By which time the moment has gone and I've missed some great shots.

Even with official accreditation, paperwork, contact details and passes to hand, we are not always guaranteed the access we require. And there is a lot of truth in what Tom Geoghegan says in his piece, that "... the more professional a photographer, paradoxically, the more likely they are to be stopped or questioned."

Hardly seems fair, then, that with the acceptability that photo/mobile technology commands, it appears nobody is ever stopped from using their camera phone at these public events, yet the professionals are often viewed with an attitude of 'guilty until proven innocent'.