New Assignment: Photography and the Law

Hello Students,

In our modern era, photographers and their rights are constantly being challenged, abused and misled. It is important to know your rights and what means are available to protect you, your intellectual property, equipment and ownership of the images you create and to protect your individual rights under the law.

What are your rights as a photographer?

These are general guidelines regarding the right to make photos and should not be interpreted as legal advice. If you need legal help, please contact a lawyer.

1. You can make a photograph of anything and anyone on any public property, except where a specific law prohibits it. e.g. streets, sidewalks, town squares, parks, government buildings open to the public, and public libraries. 
2. You may shoot on private property if it is open to the public, but you are obligated to stop if the owner requests it. e.g. malls, retail stores, restaurants, banks, and office building lobbies. 
3. Private property owners can prevent photography ON their property, but not photography OF their property from a public location. 
4. Anyone can be photographed without consent when they are in a public place unless there is a reasonable expectation of privacy. e.g. private homes, restrooms, dressing rooms, medical facilities, and phone booths. Despite common misconceptions, the following subjects are almost always permissible: accidents, fire scenes, criminal activities, children, celebrities, law enforcement officers, bridges, infrastructure, transportation facilities, residential, commercial, and industrial buildings 
5. Security is rarely an acceptable reason for restricting photography. Photographing from a public place cannot infringe on trade secrets, nor is it terrorist activity. 
6. Private parties cannot detain you against your will unless a serious crime was committed in their presence. Those that do so may be subject to criminal and civil charges. 
7. It is a crime for someone to threaten injury, detention, confiscation, or arrest because you are making photographs. 
8. You are not obligated to provide your identity or reason for photographing unless questioned by a law enforcement officer and state law requires it. 
9. Private parties have no right to confiscate your equipment without a court order. Even law enforcement officers must obtain one unless making an arrest. No one can force you to delete photos you have made. 

Case Study: Obama Image Copyright Case

Mannie Garcia, Associated Press, Shephard Fairy

Mannie Garcia is a photographer that worked for Associated Press (AP) and took this iconic photo of President Barack Obama, which was then converted into a digital artwork by the artist Shephard Fairy. AP claims that Shephard Fairy violated their copyright of the image. Mr. Fairy claims that by altering the photograph he had created an original artwork. Mannie Garcia even joined in claiming that he owned the original rights to the photograph and it became a 3-way legal battle. All parties eventually conceded and came to an out of court settlement and agreement, with no parties admitting to copyright having been infringed. What do you think? Did Mr.Fairy violate the copy rights of the original photo? Who owns the rights in the first place? AP or Mr. Garcia?

Case Study: Colorado University Independent vs Photographer Andy Duann

Photo by: Andy Duann

When student photographer Andy Duann heard there was a bear stuck in tree on the CU campus he did what any crack photographer would do, he got to the scene just in time to take this photo. The image quickly went viral and was used in print by the universities student paper, the Colorado University  Independent newspaper. CUI then sold the image to major newspapers. When the photographer argued that he owned the original image the case seemed ready to be argued in court. Fortunately CUI recanted, AP pulled the image from its publications and Andy Duann's rights to the image were restored. This was a relatively quick copyright skirmish, but garnered national attention because of the viral nature to the image. What do you think? Was Andy Duann working as a photographer for CUI? Who do you think owns the rights?

Photography and the Law - Assignment Details:

• Use the internet to research issues pertaining to photographers rights and/or copyright infringement issues and cases
• Find one issue or case to write about that you find interesting
• Write a 1 page paper outlining the issues in question, evidence, arguements, examples, images and outcomes. Was the issue/case settled? If so, how? Do you agree or disagree with the outcome? Why?
• When complete, be prepared to present your issue, information and arguements to the class. Please provide examples of the photographs in question if possible.

Have fun!

  - Mr.W

Long Term Project: Photo Series

Hello Students,

Creating a photo series is an exercise that can happen spontaneously or deliberately. It is a process that can take days, weeks, years. Your long term assignment is to create a photo series as a final project and present it to the class during finals week.

What is a Photo Series?

Most photo series will have a continual theme that is pre-defined and all images in the series will revolve around that theme. Some series are created deliberately, some are collections of works that take years or decades to develop and are pulled from a photographers body of work as a definitive series collection. 

Photo Series from a body of work:

Take for instance Philip Halsman, famous portrait photographer who shot everyone from Albert Einstein to Marilyn Monroe. After a photo session with the Ford family he asked one subject to jump for his camera, soon he began to ask other subjects to jump for his camera at the end of their photo sessions, and so began the creation of an important photo series of celebrities jumping. Halsman released a book entitled "Jump" in 1959. Halsman believed that even the most stoic photo subject might be able to hide behind a stern facade, but that their true face is revealed when they are jumping.

Then Future president Richard M. Nixon. (Copyright Philippe Halsman Estate)

Photo Series as Visual Cultural Anthropology:

As another example of a photo series consider the work of Photographer Ari Versluis and profiler Ellie Uyttenbroek. They have been working to document the distinct styles in their hometown of Rotterdamn and elsewhere. Often shooting subjects they find on the streets, this pair find individuals that follow a distinct dress/lifestyle and shoot them in consistent poses and arrangements in order to show the similarities among these unique individuals. They call their body of work "exactitudes", a mix of exact and attitude. Their work is so exacting it is essentially a display of visual cultural anthropology, a documentation of the styles that are heralded as unique, but how unique are we really? Their work brings into question the very idea of that value that we hold so high... individuality.

French Touch - Bordeaux 2006
By Ari Versluis and profiler Ellie Uyttenbroek

Miss Shapes - London 2008

By Ari Versluis and profiler Ellie Uyttenbroek

Other Photo Series to Explore for Inspiration

Gallery- Children of Russian Oligarchs

Gallery- Where children sleep

Gallery- People with Passions

Gallery - Halsman's "Jumpology"

Gallery - Sophie Gamand's Wet Dog Series

Photo Series Assignment:

• Create a photo series that follows a theme, pre-approved by instructor
• Shoot as many examples that you can as long as they fit into the theme, there is no maximum limit, minimum is 15 final images
• Create enough images to have a strong series, 3 or 4 examples will not suffice, the final result should be impressive and follow a central or underlying theme
• Images must be properly exposed, composed and show creativity, good application of all photography principles such as composition, lighting, subject
• Post processing is allowed, however most of the work done to the image should be done before the shutter is clicked. Post processing should enhance in a deliberate way.
• Series concept must be approved before work begins
• Post final 15 images to your blog along with a contact sheet
• Create a powerpoint or keynote presentation for your project to display your images during presentation to the class. During the presentation be prepared to discuss your work, concept and how you achieved your results. Be prepared to discuss the themes involved in your work and how you translated your concept into imagery, what is the deeper meaning behind your work if there is one? Is your work a commentary or observation, what does it mean to you?

"Meme yourself" Photo series by Seth Wilson 2013. Models were shown popular meme images of the President of Uruguay, Yao Ming and the "Ermagerd, Gersbermps" meme and asked to recreate those expressions.

All work is due June 5th.

Have fun! - Mr.W

New Project: Keepin' It Surreal!

Hello Students,

Your newest assignment is an exercise in surrealism. You must pre-plan your image with a few pencil sketches so you can plan and shoot all the elements you need. Post processing is acceptable and encouraged, you can use all the software tools available to you to achieve the final image you have in your mind.

"To be a surrealist... means barring from your mind all remembrance of what you have seen, and being always on the lookout for what has never been." - Rene Magritte

"My idea of a perfect surrealist painting is one in which every detail is perfectly realistic, yet filled with a surrealistic, dreamlike mood. And the viewer himself can't understand why that mood exists, because there are no dripping watches or grotesque shapes as reference points. That is what I'm after: that mood which is apart from everyday life, the type of mood that one experiences at very special moments."- Ian Hornak

What is Surrealism?

Taken from the Heilbrunn timeline of Art History: "Surrealism originated in the late 1910s and early '20s as a literary movement that experimented with a new mode of expression called automatic writing, or automatism, which sought to release the unbridled imagination of the subconscious. Using Freudian methods of free association, their poetry and prose drew upon the private world of the mind, traditionally restricted by reason and societal limitations, to produce surprising, unexpected imagery. The cerebral and irrational tenets of Surrealism find their ancestry in the clever and whimsical disregard for tradition fostered by Dadaism a decade earlier. The visual artists who first worked with Surrealist techniques and imagery were the German Max Ernst (1891–1976), the Frenchman André Masson (1896–1987), the Spaniard Joan Miró (1893–1983), and the American Man Ray (1890–1976).

Keep It "Surreal" Assignment:

• Research surreal art, artists and photography for inspiration
• Brainstorm a few ideas and create a full page pencil sketch of your idea. Try to think of all the visual elements you would like to incorporate... consider setting, backgrounds, models, objects or props, costume, stylistic effects. Plan every detail of your shoot for best results. I expect QUALITY work.
• Begin shooting your photo(s) and use photo manipulation to achieve your desired look with Photoshop
• All processes are available to you, cropping, fine edge selection, airbrushing, colorization, layering, enhancement effects etc... try to achieve a worked over and artistic look to your image
• Post your image to our flickr page when complete

Inspiration:
Secret Garden Surreal Photo Series
Martin De Pasquale surreal photo manipulations
Arthur Tress: Haunting Surreal Photographs from the 60s Inspired by Children’s Nightmares
Laura Williams surreal self portrait
Kyle Thompson surreal self portrait
Oleg Oprisko dreamlike images
Surreal portrait breakdown
Fruit slice surreal image creation
Levitation photography tutorial

40 surrealistic photo manipulations

Image by Gala Darling

This photo was shot live, no amount of post-processing or Photoshop has been used to achieve this effect. It took 26 attempts and 5 hours. Philip Halsman would count to four, where Dali would leap into air, and three assistant will throw the cats, another will throw a bucket of water, and Mrs. Halsman held the chair.

Student Work Examples:

The Brenizer Method, AKA: Bokehrama, AKA: Photostitch

Hello Students,

Your new assignment is to create an example of the Brenizer Process, also called Bokehrama. This hands on lesson will introduce and guide students in the process of creating a panoramic stitch to mimic a large format image. Popularized by Ryan Brenizer, it has become a popular method for portrait, auto and wedding photography. This process uses standard equipment to replicate the large format look, this is a great project for creating compelling and creative portraits that won't break the bank!

This image was created with over 40 different exposures and combined with Photomerge, cropped and processed for the final result. Photo credit: Seth Wilson, 2017

The "Brenizer Method" Seamless Photo Stitch:
The Brenizer Method is named after Ryan Brenizer, a wedding photographer who invented the method, uses it in his wedding photography and teaches it to others as well. The advantages to this method is it produces a very high resolution images, essentially mimics a lens that has an f-stop of 1 and produces great bokeh. The process to create a successful Bokehrama image is in 2 parts, capturing and processing. Read the detailed instructions below before attempting to create your own.

Camera Capture Process:

• Use a DSLR or similar camera with exposure control.
• Find an environment with elements that will show depth with detail along the fore, mid and backplane. This will show off the method best.
• Stand in one place and dial in your camera exposure, then lock it down, including white balance.
• Set your lens/aperture to it's widest setting for the shallowest depth of field
• Focus on your subject/center area, use autofocus to dial it in, then switch to manual. You don't want the camera to c
• oks good your ready for photoshop!
• hange focus between shots
• Frame your subject and take some test shots, make sure the light is good and the subject is framed tightly, if not move yourself forward or backward to frame your subject/area
• Take your photo framing your subject in the center.
• Move slightly to the right and take an overlapping shot, keeping the camera steady, continue shooting in a grid pattern to the left, top, bottom, bottom right, bottom left, etc. 
• Make sure each shot overlaps with the previous for blending.
• Up to 40 exposures can be used for a large image. More is better so you can crop the best area after combining.
• Review your shots and make sure each one overlaps and the exposures aren't changing between shots, if it looks good you are ready for Photoshop

Photo Stitching Process in Photoshop:

• Move all of your exposures from the camera and copy them to your computer and place them in a new project folder.
• Launch Photoshop and go File > Automate > Photomerge
• Click the Browse button and navigate to your folder of images, use Command-Shift to select all of your images at once and load them into Photomerge. Alternatively you could use Command-A for Select all.
• Click OK to start the process. Photomerge may take up to 30 minutes or longer depending on the size and number of photos you are combining. The processing speed of your computer also affects the speed of this process, allow appropriate time for the computer to complete it's work.
• If your Photomerge is successful, you will see your finished and combined image.
• Crop your photo, use the Crop Tool in the Toolbar. Hold Command while you click-drag with the Crop Tool to create a perfectly square crop.
• Save your image to your folder as a Photoshop file.
• Use your Photoshop skills to modify your image as desired for creative results and make it cool!

Tutorial 1: Brenizer Method Tutorial
Tutorial 2: 5 Steps to the Brenizer Method
Link: The Brenizer Method Page
Link: Brenizer Method used for pet portrait photography

This photo stitch of the Tilden Park Carousel facade was created with over 50 images and combined by hand in Adobe Photoshop. Photo credit: Seth Wilson, 2016

Have fun!

  - Mr.W