Well if you can’t tell, there hasn’t been to much rock climbing going on for me in 2010. There’s been a lot of rain, and not a lot of motavation, but that shall soon change…. Heading to Hueco Tanks in a few days and plan to spend the month of February there. Looking forward to the escape, and being able to photograph a lot, as well as catch up on some much needed reading. Went to Rogers Park last weekend and captured a few images. I love photographing rock climbing on days like this. Nice and overcast. Makes everything so simple. Here is a few captures.
and we will exit out with a photo of G-dawg. She likes to come to the top and help me photograph.
Cars, Trucks and SUVs. You don’t really put to much thought into how much time you and attachment you can have with one, until it comes time to sell it or trade it in. Maybe it’s just me, but when it came time to trade in Terra, I got a little misty eyed…. This probably wouldn’t have been the same if I got a new car/ truck every 2-3 years, but after 7 years, 215, 000 miles, you kind of start to build a relationship with your vehicle. Another contributing factor is with in that 7 years, other then regular oil changes and maintenance, the only thing I had to do was change out the timing belt at 125,000 miles. Oh, and replace the radiator once. That’s it. To me, you can’t really ask much more from a vehicle then that. Just off the top of my head, here is a list of places that wonderful SUV took me to, in no particular order: Hueco Tanks near El Paso (who knows how many times?!?), Mexico who knows how many times?!? (El Potrero, Puente de Dios, Candela, El Salto), Alabama, Georgia, Colorado, Wyoming, Utah, Arizona, New Mexico, Louisiana, Mississippi PLUS all of the places we went inside of Texas as well. This may not seem like a huge list, but you have to remember, to get out of Texas, it takes at least 6-7 hrs….. I know I probably have some more images of her, but these are the ones that I could find. To Terra, you maybe be gone, but you will never be forgotten…
YAY!!!! An actual blog with rock climbing photos in it finally!!! Unfortunately (booooo), I really wasn’t taking a lot of images because the trip was kind of short, and I really wanted to rock climb. On a good note, I did end up with a few images that I am psyched on, and the first day out we had a killer sunset that produced some really nice landscape images. Wish I would have still been in the park shooting against that backdrop though. More Hueco photos to come in the near future though. Fear not.
We were forced to take a rest day the next day, so a friend and I did some hiking and exploring. Got a cool shot of Hueco Tanks from an angle that you don’t get to see it from everyday.
The next day we were able to get back into the park and do a bit more rock climbing!
And our final day at the tanks for this trip. Even though we had a commercial tour lined up, we still had to wait outside the gate. The tanks is busy this time of year…..
One of the coolest things about this trip is we found a line that to our knowledge has not been rock climbed. We worked the problem, figured out all the moves, but had to leave it to go home. Not sure if it’s been sent to this day, but it’s a really good line. We dubbed it Double Razorbacks in light of our new found favorite past time, Pass the Pigs.
All in all, a really fun trip and a great way to start of 2010. Headed back in February for a while, so you’ll be getting your Hueco photo fix soon enough.
With the number of royalty free photo stock sites out there these day, and the ability to upload high res images etc etc, this kind of thing is happening more and more. And I’m pretty sure that these things happen all the time and it flies under the radar going completely unnoticed by the photographer. Fortunately for this photographer, it was noticed, and he was able to do something about it. The following is an email exchange between a local Austin part-time professional photographer Erik XXXXX, and the photo editor of a local Austin publication Austin Monthly. The names have been removed, but the content remains the same:
From: Erik XXXXX (email removed)
Sent: Wednesday, December 30. 2009, 11:48 AM
To: Photo Editor (name removed)
Subject: Unauthorized Photo Use
On Dec 30, 2009, at 11:48 AM, Erik XXXX wrote:
I was notified that a photograph that I took was used in the current issue of Austin Monthly. The photo appears in the “Best and Worst” feature under “Mud Fest”, and depicts four people walking through the mud at the 2009 Austin City Limits Music Festival. I did not authorize the use of this photo, and was not credited.
I believe the photo may have been copied from my public Picasa album, where it is available here:
http://picasaweb.google.com/***URL to image had been deactivated***
Please respond to discuss the appropriate compensation for licensing of the photo.
Thank you so much for bringing this to my attention. This is a photograph that looks to have fallen through the cracks and I apologize. Im positive we had found your image on Flickr and attempted to contact you via the flickr website. After there was lag time and no response, it ran with inappropriate credit. I sincerely apologize for this mix up and for using your photo without crediting you. Your name and the photo will be credited as a correction in the February issue, and I would be happy to send you a copy of the magazine in which you photo ran, if you have not yet seen it for yourself. Its and excellent shot!
Thanks for responding. Do you perhaps have a copy of the email where you tried to contact me? I don’t have a Flickr account. My photos are only posted publicly on Picasa with all rights reserved.
I am a part-time professional photographer, and would not have allowed the use of my photo without appropriate compensation. Using your advertised circulation numbers of 130,000, it looks like the editorial usage fee for a half page run averages about $325. This amount is fine for me. Please let me know if you need a formal invoice, or if this email will serve the purpose.
You may make a check payable to:
Austin, TX 78XXX
Please let me know if you have further questions or concerns.
—–A day went by and there was no response from the photo editor, so this email was sent—–
I had hoped to hear back from you sooner regarding yesterday’s email. Please respond with your intentions by the close of business Monday, January 11 so I know how to proceed with this matter. I do not intend to let the issue rest until properly resolved, and as you are probably aware, our legal system is not friendly to the infringer in cases of copyright infringement. The amount I have requested is more than fair considering industry standards, and does not even account for the photo having run without proper credit.
Your prompt response is appreciated
Thanks for being so patient. I have been working with the editors and publishers here to get this resolved in the best way for you. I apologize again for letting your image be published in the magazine without getting rights from you as the photographer. This issue was my first with Austin Monthly and needless to say there was some gaps in timing and changes being made.
Austin Monthly pays for artwork that is made for the magazine, however, it does not pay for art work that is ‘picked up’ or provided from artists. Your image that I used would be described as a ‘pick-up’ art piece. Since this is a special case and I do acknowledge that I let this slip we will be happy to pay you $150 for your image as well as a correction written in our February issue that credits you and your photograph.
Again, thank you for bringing this to my attention and please understand that Im working to resolve this with you as quickly and as fairly as possible.
Thanks for your response. I understand that Austin Monthly does not pay for “picked up” art. Unfortunately, I also do not allow my photographs to be published in for- profit publications without compensation, and since I did not consent to publication in this case, your internal policy has no bearing on me.
Industry standard quote software FotoQuote says that $436 is appropriate for the usage that Austin Monthly elected for this photograph. Other calculators show a range from $325-525. Considering this, $325 is by no means unreasonable.
I am afraid I am not negotiable on this matter, and if $150 is your final offer, then the next communication on the matter will be from my attorney. The award will need to cover additional costs and time in recovery, and could easy double or triple. Needless to say, it will be easier for all involved if Austin Monthly chooses to resolve the issue quickly and responsibly. Please don’t underestimate my resolve in this matter, as I am passionate on the issue of copyright infringement and artist’s rights, and I consider this matter one of principle.
I look forward to your quick response.
I am sorry for running your photo without your approval. NAME REMOVED is our new photo editor and during her transition period an error was made at our end. This is the first time this has happened in the history of Austin Monthly. If you can invoice us the $325.00 I will make sure that you get paid for your work. Please email me your invoice and a W-9.
President, Texas Magazines
A definite win for the photographers and props to Erik for not backing down to the first initial offer and standing his ground. So what can we do to prevent these sort of things from happening again in the future? Honestly, unless you stop using the internet to display your images, I don’t think there is much you can do. Watermarking your images and embedding copyright information into the metadata definitely helps. Using a flash based website makes it a bit harder for people to lift images, but there are still ways around that if the perp has a little computer-know-how. The best thing to try to do is stay on top of where your images are, educate your clients as to their usage rights for your images so they don’t end up all over the place, and use the above as an example of what to do if this situation does happen to land on your table.
We purchased a used trailer to do some camping in a few weeks ago. I’ve really been wanting to post a photo of it, but I have been waiting for the perfect backdrop. I think this one works pretty well.
On a side note, it’s going to be really difficult to go back to anything less comfortable then this. Trailer livin is pretty sweet!
We also got to see this sun action going on while driving to Hueco Tanks. After looking at this photo in high res I realized that it may be a good thing to take a photo at f/16 or above every now and then to remind ourselves that we need to pay attention to how clean our sensor is. Thank goodness for the clone stamp…..
To see a couple more photos, click here
One of the many great things about being on the road is that it increases your chances of seeing super random things. Like this: