This is a great piece about the effort to kill drones when they’re use unprofessionally or in a dangerous manner, it’s sad that this is even necessary , but human nature being what it is it is inevitable that some idiot will no doubt do something stupid to bring the whole industry of Drone Photography down or at least strangled in red tape and bureaucracy…oh wait we’re nearly there now !
Bunkerville NV USA :
So as you drive along the I 15 North high way just leaving Las Vegas , there’s not much to see. The radio starts to cut in and out, your cell phone pretty much does the same and you notice the “Tribal Police” keeping watch on speeding traffic, I’m averaging 90 miles per hour and being passed by numerous cars with little regard to traffic laws.
This is the desert, very little out here, mountains either side and the sun beating down even on a January morning, reminds me of my first journey across the USA on I-40 west , almost freaking out over the temperature being in the ’70s in February and that smell on the high way not nice yet not the worst I’d ever smelt, the smell turns out to be Skunk, an unfamiliar smell to a European that in later years would remind me of that trip across the land called America , full of strange and wondrous tacky sights, cafe’s selling “biscuits and gravy” ( translation : Hobnobs and meat sauce) and nothing but desert.
My job today is to photograph Camels with a Jazz singer, that’s all I’d been told, along with an address and directions that turned out to more complicated. I took the off ramp 112 as directed drove for about 15 minutes stopped at a rather unnerving sign made of numerous American flags and on top of each pole words spelling out “We The People”. This is Bunkerville NV , site of a recent stand off between a local militia and the US government over grazing rights.
To Continue, and I did, right past for 10 miles and we’re getting close to the shoot time of 12 noon. Realizing my mistake I do turn around and take a small and very bumpy unmade road for about 3 miles, I arrive right on time along with the male model hired for the day. But we’re alone and after a short walk about we find the owner and ranch hands having breakfast that’s been cooked on an open fire, along with many assorted animals. We explain our purpose and find out they know less than us.
Soon enough the talent arrive, great people if not a little disorganized. The Idea is to shoot the talent riding a Camel with a drone, getting a long shot, I ask the owner if the Camels will get upset with the drones, his answer “Probably not, but possibly, maybe….”, that’s reassuring !
Any good photographer will tell you a good shot depends on many attributes coming together all at once, and working with animals and children should be avoided. It turns out Camels don’t like drones very much and now our talent is worried about getting thrown off the Camel if it gets spooked, so it is decided to give it one more go with the drone and see what we get. The Camel are a smart animal and will put up with ‘some’ direction for a carrot or similar treat , but once they have had enough that’s it more treats or it’s the Camels way.
We have reached that point when talent is tired , camels are restless and this photographer has yet to get the shot I want, also I am surrounded by two more photographers namely the ‘producer’ and talent manager, who I nearly trip over all vying for a shot, while the Camel is getting pissed, the male model is giving his best but the trainer and Camel and not helping, and me now shouting directions, a bit of a circus !
After all is said and done, seems I got the shot with the drone, just need to photoshop the trainer out of the picture and bingo ! The other shots are great, I expect nothing less, just rather stressful, but that in it’s self often produces the best work.
Camel Safari : 1 800-836 4036
With the New Year 2017 just a day away our thoughts are with those who were #Vegasstrong. A short tribute to those who volunteered their time and money to the victims and to those who built this Healing Garden in such a short time.
October the 1st 2017 to Jan 1st 2018 only 4 short months the public’s memory is short but the Healing Garden will flourish in Spring and forever more.
CNN Awarded First FAA Waiver Allowing Drone Flights Over CrowdsBy
Waiver allows drones to fly over people to cover news events
FAA approval is a milestone for the commercial use of drones
CNN received a waiver allowing routine drone flights above crowds, a milestone for the industry seeking greater use of the remote-controlled devices for everything from insurance inspections to covering news.
The approval is the first time the U.S. Federal Aviation Administration has granted a waiver for unlimited flights over people, the news network said in an emailed statement. The standards used in the application can be applied to other applicants, potentially opening vast new uses by the media and other industries for so-called unmanned aerial systems, or UAS.
“This waiver signifies a critical step forward not only for CNN’s UAS operations, but also the commercial UAS industry at large,” said David Vigilante, senior vice president of legal for CNN.
The FAA currently prohibits drone flights overhead, although its regulations allow for waivers if applicants can show there’s no risk of injury. Limited waivers have been issued to filmmakers and others for flights over contained areas after those on the ground consented.
The small device that was approved, a Snap drone, has internal rotors and is designed to break apart in the event of a crash to prevent injuries. Time Warner Inc.’s CNN and Vantage Robotics, the company that built it, say they spent two years designing and testing the drone.
The Snap drone weighs 1.37 pounds (0.62 kilograms), and its four rotors are encased to reduce the chances of injury. It’s designed to break into harmless smaller pieces if it crashes, according to the company’s website. It can be snapped back together and reused after a crash, according to the company.
#Vegasstrong This is incredible, in less than two days volunteers and local landscape companies got this together. Las Vegas City donated the land on 3rd and Charleston Down town a tree for every victim . Tomorrow at 7pm Oct 6th 2017 the park will be dedicated and I guess finished . Great job everyone ! Costellophoto.com Aerial Division
Photography and The Law: Know Your Rights
Say you’re out for a photographic stroll, taking pictures of that cool old power plant on the edge of town. Suddenly seventy security guards swarm you and demand you hand over your camera.
“What is this,” you ask yourself, “a Michael Moore movie?”
You’re sure you haven’t done anything wrong, but you don’t know whose side the law is on. Fret no more. We’ve got a list of things you can and can’t do, and it’s a lot more permissive than you might think.
Now grab your camera back from that Rent-A-Cop, and let’s hit the books.
*Charlton Heston not included
p.s. Thanks to everybody who entered our “Monday Stinks!” contest! Congratulations to Notorious D.A.V., Warren Photography, evaded, mommaozzy 84, biancaprime, berdandy, spade, AnasBananas, trenity00, andreskrey, determinedforce01, ladibug, killbyte, Nellofcourse and Mia!
The Legal Stuff
I.Before we get started here, we have to point out that even though we’re smart and awesome and devastatingly attractive, we’re not lawyers. None of this should be construed as legal advice. If you have a legal issue, get in touch with a lawyer. Much of this information was gleaned from attorney Bert P. Krages‘ website, so we’ll go ahead and recommend him.
The Ten Legal Commandments of Photography
I. Anyone in a public place can take pictures of anything they want. Public places include parks, sidewalks, malls, etc. Malls? Yeah. Even though it’s technically private property, being open to the public makes it public space.
II. If you are on public property, you can take pictures of private property. If a building, for example, is visible from the sidewalk, it’s fair game.
III. If you are on private property and are asked not to take pictures, you are obligated to honor that request. This includes posted signs.
IV. Sensitive government buildings (military bases, nuclear facilities) can prohibit photography if it is deemed a threat to national security.
V. People can be photographed if they are in public (without their consent) unless they have secluded themselves and can expect a reasonable degree of privacy. Kids swimming in a fountain? Okay. Somebody entering their PIN at the ATM? Not okay.
VI. The following can almost always be photographed from public places, despite popular opinion:
- accident & fire scenes, criminal activities
- bridges & other infrastructure, transportation facilities (i.e. airports)
- industrial facilities, Superfund sites
- public utilities, residential & commercial buildings
- children, celebrities, law enforcement officers
- UFOs, the Loch Ness Monster, Chuck Norris
VII. Although “security” is often given as the reason somebody doesn’t want you to take photos, it’s rarely valid. Taking a photo of a publicly visible subject does not constitute terrorism, nor does it infringe on a company’s trade secrets.
VIII. If you are challenged, you do not have to explain why you are taking pictures, nor to you have to disclose your identity (except in some cases when questioned by a law enforcement officer.)
IX. Private parties have very limited rights to detain you against your will, and can be subject to legal action if they harass you.
X. If someone tries to confiscate your camera and/or film, you don’t have to give it to them. If they take it by force or threaten you, they can be liable for things like theft and coercion. Even law enforcement officers need a court order.
What To Do If You’re Confronted
- Be respectful and polite. Use good judgement and don’t escalate the situation.
- If the person becomes combative or difficult, think about calling the police.
- Threats, detention, and taking your camera are all grounds for legal or civil actions on your part. Be sure to get the person’s name, employer, and what legal grounds they claim for their actions.
- If you don’t want to involve the authorities, go above the person’s head to their supervisor or their company’s public relations department.
- Call your local TV and radio stations and see if they want to do a story about your civil liberties.
- Put the story on the web yourself if need be.
- We’ve condensed these facts a great deal. We recommend downloading The Photographer’s Right and keeping a couple of copies in your camera bag if you’re shooting somewhere you might expect trouble.
- Andrew Kantor has written a good article and a PDF summary of your rights, including some of the ins-and-outs of publishing your pictures.
- The Legal Handbook for Photographers is a great resource covering all aspects of photography and the law.
- Live outside the United States? Try these links for photographer’s rights in Canada, the United Kingdom,Australia and New Zealand.
CES 2016 LAS VEGAS
CES ®is a special time of year here in Las Vegas , it’s very like Christmas it creeps up on you and before you know it it’s here, and you realize you don’t have a professional Photographer to document you show, booth or event. We’re busy on mistake ! But we do have some spots open for your CES® Event in Las Vegas .
Look at our web sites : Costellophoto.com and Convetionphotographer.info and you will see award winning photography for photographers with real experience and real professional equipment. Being one of the most experienced Convention photographers in the country, Costellophoto has specialized in Conventions and events and our images show the dedication we have poured in to this craft.
For less than the price of Coffee service in most hotels , you can receive high quality edited images ready to rock your promotional world , even though your I phone may be fabulous, and some really are , or you found a “Photographer” who does the odd wedding for $300.00 , remember Convention photography is much like News photography, which we are skilled at and won awards …. it is a very different animal, you can’t line people up , direct them and expect to get true images , it just does not work.
The good news is we have some availability during CES, so call 702 459 3121 or email Info@Costellophoto.com for a quote, and spare your self the agony of realizing you hired the wrong guy or gal .
We look forward to hearing from you soon ( Don’t leave it too late) !
Call 702 459 3121 email Info@Costellophoto.com
I came across this blog post and want to share, it is copy written and I make no claim.
~~~ THIS IS SO IMPORTANT–PASS IT ON & GET THE WORD OUT ~~~
Photo Contests Revisited:
Are They Still “Photo Fishing”?
by Noella Ballenger & Apogee Photo, Inc. (Revised March 2011 article)
|Photo contests are becoming more creative every year and it’s not just contests anymore! Once again, they all “sound” so enticing.
IMPORTANT NOTE: And now, there’s a new venue. Watch out for blogs offering to post your articles and photos on their blog sites. They too are doing the same thing – you agree to them utilizing your text and photos anywhere, anytime and for as long as they like! For all you know, they could be selling your work! Be sure to read their terms and conditions!
The first thing I always do is go directly to the “Terms” of a contest in hopes this time, this contestwill be one that protects the photographer and the copyrights to their photo/s. NOPE! After reading the terms, I found this one even more blatant than most and I have to admit, it raised my blood pressure!
Why? They are using the submissions to the contest for publishing a book and for all you know, many books. How do I know, they tell you so!
Let’s take a look at some of the words they and others use: “… to copy, reproduce, transmit, create derivative works, post, reuse, display and distribute without limitations… in any media now or hereafterknown, but not limited to…”. Then they actually tell you the name of the book in which your photos will be used and also go on to say, “… publication of a book showing chosen entries…”, which leaves the door open for them to use your photos in who-knows-how-many future books.
SAY WHAT? You’re going to take my submitted photo from the contest, put it in a book and make a profit from it? What about me?
I strongly urge you to read all contest terms, rules and regulations. You may not be a professional photographer who routinely sells the rights to use their images, but your images do have value. That should be respected by you and those who think enough of your images to want to use them and/or publish them.
A Side Note Here:
Note: I have seen some contests on occasion that don’t appear to be “fishing for photos”, so pay close attention. There are good ones out there—be patient and they’ll come along. But don’t assume because a prestigious company name is attached to the contest, that all is O.K.
And that is exactly for what companies are hoping—that you’ll send in your very best photo, that exceptional image you captured just for their contest—for them!
The fishing line has been thrown out, the hook is baited and right in front of your face dangles THE PRIZE!
But is it really such a great prize for you or is the greatest prize for the company? Why would they need you to agree to all of those legally written rules and regulations about the use of your photo/s? Why would they need to use those photos in the future anyway? Could it be for their potential financial gain?
Let’s look at what is behind many of these contests…….why there are so many of them. How do they work? Let’s understand more about what all the legal jargon means and let’s review some of the wording in their rules and/or terms & conditions.
Recently I have been getting a flood of e-mails about new photo contests. There is something very enticing and attractive about entering one of your images and receiving “international acclaim”, or the chance to be exhibited in a major show, or the opportunity to have millions of people looking at your work on a website or in a publication, or at the very least the chance to win that BIG $$$ first prize or the new camera equipment. It is truly an exciting opportunity—isn’t it?
First, let’s look at what you have that the promotional company wants or may want.
Note: Be aware that the company promoting a contest can be different from a company which sponsors a contest (gives their products away). The sponsor may not even be aware of the contest rules and regulations. Understandably, their goal is to have their products seen by as many people as possible and then sell those products.
When you take a photograph, a copyright is created and you own that copyright. A copyright is the legal recognition that this is your property and it has value. Perhaps its value is only to you and your family as a key to special memories. Perhaps its value is wrapped up in a historical or natural occasion that is special to others. Perhaps it is a one-of-a-kind photograph worthy of news, but regardless of what it is, there is value and that value is legally protected by your copyright and you have the ability to control and sell the usage of that image to others, should you so choose to do so.
We have now established that your image has some kind of value, so let’s take some time to read the contest’s rules for submission.
DO WHAT? READ WHAT?
Usually these “Official Rules” or “Terms & Conditions” are listed in fine print and are typically located in an out-of-the-way area on the website where it isn’t obvious to the casual viewer. What the contest folks are “banking on” is that the majority of people WILL NOT hunt for them, let alone read them….and they would be correct in that. It takes a bit of time and incentive to read through all of the clauses and conditions attached with the submission of an image. And maybe there is a little box to click on—by doing that you have agreed to all of these rules, even though you probably didn’t even read them. Besides, who cares, it’s a chance to win!
But you just might care, so let’s now look at some phrases, usages and words to help you sort out what they are asking you to do.
These words and phrases should put up
|1. Frequently contests want to use not only the winner’s image but the images of anyone who enters the contest.
Using all images entered for advertising for the contest or the particular event and its promotion is one of the first clues I look for when reading the rules or terms and conditions. You could argue that the winners are getting a form of payment by receiving a prize for winning and this may be a reasonable usage for the winners but not necessarily for the entire body of entrants. It is usually done without credit or any kind of payment.
2. Usage in any and all media now known or known in the future.
4. Then there is the phrase that indicates that they can assign the rights.
Those are the same rights that you granted to them by entering their contest. This means that they can sell or give away your copyrighted image to anyone…for any purpose. This means that they could sell and resell the reproduction rights to your image in any way and to anyone and to wherever they want to sell it. It doesn’t seem fair to me that you do the work, maybe even pay them for submitting to the contest and they receive your image rights for free. And to top it off, they can generate income from your image and you get zip.
Then there is one contest I saw that doesn’t even have a prize, but proclaims loudly that the winner will get the privilege of gracing the cover of their product’s box. Advertising is expensive indeed and if your image is that good and valuable to them then they should be paying you for using it in their advertising!
5. Contest Participants irrevocably forfeit rights of privacy, intellectual property rights or other legal rights that would preclude Promoter or affiliates from using the submitted image.
ARE THEY KIDDING? Right of privacy, legal rights?
Here is an example of where it could become spooky, because you could have not only the photo/s, but your name, address, likeness, biographic material published without any control by you.
Let’s say you have a great photo of your daughter or son and want to enter that into a contest with rules like this. Image usage can be sold and resold and that photo of your child might just end up being used in some unsavory way and you might just have your name and address and personal information published right along with it without your knowledge or consent or control. There would be no recourse or protection from this. Now maybe I’m letting my imagination go crazy, but better that then other possibly dire consequences.
Here is a variation of this one: All winning photos become the property of XXXX and may not be published anywhere else without their specific written consent (including any other internet sites) by XXXX. If you do then you forfeit the prizes. The way this one is written, you could not even put your own image up on your own website without their permission.
9. Here are some other words that are unacceptable: assigns, agents and licensees (this virtually can include anyone to whom they want to give your copyright) a worldwide (there are lots of good and lucrative markets in other parts of the world), royalty-free (no payment), non-exclusive (any one can have it) , sub licensable (you give it to them, they sell it to Joe who can sell it to Sally who can sell it to Suzy, etc.), unconditional (no restrictions of any kind on where, when or how it can be used (think alcohol, tobacco products or other products and/or services that you might not want to support in any way) and transferable right and license (see sub licensable above).
|So now that we understand what they are asking you to sign away when you enter a contest, let me show you just how the money could work for them.
This is my hypothetical scenario…
Let’s say you and I are running a contest and in our contest, we ask for entries. Maybe we charge $10.00 for each entry submitted. And let’s say that 2000 people submit an image. That’s $20,000. Our prizes for the contest will be a new camera ($2000) for first prize, a new printer ($800) for second prize and a new tripod ($500) for third prize. Now then, we have 3 winners for a total of $3300.
Let’s sweeten up the deal and give away special $100 gift cards to our 10 runner ups (cost $1000.). That is a total of $4300 in prizes for all categories of winners and a profit of $15,700 (granted, we’ll have some expenses too).
And if we can get the camera company, the printer company, the tripod company, and the gift card company to donate their merchandise in return for some free advertising, that’s even better—more profit for us.
Now we said we had 2000 entrants and those 2000 images are also ours to use, resell or pretty much do anything we want with them and it didn’t cost us a thing. And our potential income from all of these 2000 photos could be substantial, even if only 300-400 of them are worth selling. If we continue to run contests, well…
And even if we ran a contest where there was no submission fee, the profits would still be there for us!
|I would be the last one to tell you not to enter a contest, but regardless of who the promoting agencies of the contest are you need to make that choice and it should be with the full understanding of what you are signing away. And don’t make the assumption that because a promoter and/or sponsor of the contest is a “big name”, that these conditions aren’t in their contracts.
Before you make a decision on giving up your photo rights, here is what you must do:
1. Be Sure to Read the Terms & Conditions
Contest promoters who “dangle that prize” in front of your face count on the fact that you are not going to read the Terms and Conditions of the contest–please take the time to know what you are giving away.
2. Be sure to know the company with whom your dealing if you choose to give up your rights to your photos. How will they be using that photo? What are they asking you to do?
3. Be sure that there are time limits and usage limits on any contest you enter. It isn’t fool proof protection, but it is a step in the right direction.
4. Print out and keep a copy of the entire contest package including the terms and conditions. Also include in the package you keep, a print of the photograph/s you send to them. If something does go wrong, at least you will have all of the information that you might need in one spot.
If you do decide to enter a contest, and have read and understood the rules and what they are asking of you in return for the opportunity of having a chance to win something and still want to do it regardless, I sincerely wish you all good luck. At least you can now say that you have made an informed decision.
We stated the following: Apogee Photo, Inc., warrants that all photo/image file/s copyrights remain the property of the photographer. Apogee Photo, Inc., shall not sell, grant the use of or give permission to use any photo/image file/s to any third person or entity without the written consent of the author/photographer.
Would you like to learn more and become an even better photographer? Be sure to join Noella in one of her online classes presented through Apogee Photo. You’ll want to get signed up today – just click here.
Visit her site at www.noellaballenger.com or send her an e-mail at Noella1B@aol.com Write to her at P.O. Box 457, La Canada, CA 91012, call: (818) 954-0933 or fax: (818) 954-0910 for more information on her workshop/tours.
I can think of many other words beginning with ‘F’ I could call Facebook; fabulous, fearless, no not that for sure, Frustrating, friend, feckless no good bully, YES !!!
Here’s why, last week I’m looking around Facebook I notice I have a charge for advertising I hadn’t ordered, first thought is why or how did Facebook get my credit card number in the first place ?
As a Las Vegas photographer we do a lot of advertising but not on Facebook, we had a page , it was for the most part used by others for their advertising and we just had it as an extra link, it really did no good at all for our Photographers in Las Vegas pages or business at all , I can think of one client in five years who has come to us via Facebook
At Costellophoto we’ve been very busy at Binions casino and the ‘Kings Ransom’ operating the new Elvis attraction Green Screen , the idea being to give you a nice souvenir to take home with you, and incase of accidents we email your piece of art . A slow start but as we grow and add costumes and wigs , I should also mention the Co stars to Elvis in various movies like Darlene Tompkins in Blue Hawaii who appear and will sign their pictures and have their pictures taken with you in front of our Green Screen. It’s all fun and I have learnt more about Elvis than I really need to know , but I have made a good friend in Ms. Tompkins and enjoyed her stories about her time in show biz. Last week as we set up for the days visitors we all witnessed a very rare occurrence, the lights went out in the Casino, not once but three times, thus the reference to Oceans 11, as we at ‘The kings Ransom’ are very close to the Million Dollars on display it did cross my mind that , well the lights are out and well with a little effort …. Well dear reader of course I’d never do such a thing, and you’d be hard pressed to be able to lift and carry that large display out, not to mention it’s pitch black in the casino so you’d be running into people and things like a black cat in a coal mine. In the coming weeks we shall be offering a dress up, as I type we’re getting an original Elvis Cape for you to wear , the obligatory Elvis Sun glasses and authentic Elvis belt to put on and be photographed in,oh and I must mention the wigs , so even if you’re not a huge Elvis fan you can have fun and actually get something for your money on Fremont Street in Down Town Las Vegas . Do call 702 459 3121 for more information on this or any other photographic need you might have in Las Vegas, be it Convention, Commercial or personal , Costellophoto can provide you excellent service …with a smile !