How Copyright Law Affects You

The digitization of photography is an extremely effective means of artistic communication for photographers. It also has begun a barrage of copyright concern not only for the creators of the artwork, but for the purchasers of digital imagery as well. That would be You.

I would venture to guess that unless you're a fairly pro photographer or a copyright lawyer, no one really knows how copyright law affects them and their photographic decisions with what they receive from photographers. This blog is here to clarify and to educate clients on the matter.

Please note that a photographer who seems to generate no limitations regarding watermarking, distribution or copyrighting is probably not a professional, as these matters are very serious both for the artist's integrity and also to safeguard clients in carrying out lawful actions regarding digital images. Photographers owe it to themselves to protect their work; they also have a professional responsibility to inform their clients and to protect them from engaging in illegal activity.

Federal Copyright Law states: 

The Copyright Act protects photographers by giving the creator of the photograph

the exclusive right to copy, edit and distribute the image by sale or transfer. These

exclusive rights make it illegal to copy, scan, edit or share photographic prints and 

digital media without the photographer's permission. 

Violators of this Federal Law will be subject to civil and criminal penalties.

Criminal penalties!? Well, what is that!? Mainly it's a range of infringement fees, court fees and/or attorney fees. Consider a range of $200-$150,000 for each work infringed. Yes, you better know your copyright allowances, or your hand made wedding album just greatly surpassed the cost of having your photographer create one for you.

You may immediately shrug this aside thinking, well if I utilize my images privately, no one will ever catch me doing whatever I may with my own images. Essentially true... until someone discovers it and is knowledgeable about Copyright Law, which thanks to the internet and honest people like me, more and more nobodies are becoming familiar with infringement. Also there's a thing called the Internet. As soon as something infringing gets published, it's more quickly subject to scrutiny.

Also, what the client owns is digital data, not the rights to copy, alter or distribute images without limitation. That right belongs to the creator of the image the second the image is shot.

All the aforementioned is federally enforced. I get my information and copyright infringement assistance from Professional Photographers of America, of which I'm a member. So they will come after you if you make an infringement. Now here's the good news for you. Photographers don't want to be demons, and (unless they are) they want you to enjoy your images, express yourself and create memories as best as they can allow given the rights they must maintain as creative professionals with integrity. Photogs can give you permissions as long as it is in writing and clearly communicated to you when you discuss employing them.

The following information [is going to make my blog really long, but] is also going to be included on my clients' flash drives going forward. This is helpful information, so please don't let textiness scare you off, because you're missing crucial stuffs. READ. 

This is how I grant permissions to my clients; other photogs may have different permissions and limitations. Always check.

What does my photographer ALLOW me to do with my images?

- YOU DO have written permission to make your own prints of images as long you do not alter
the images or remove the copyright watermark**. Check your consultation folder for a hard copy of
the Image Reproduction and Print Release. A soft copy will be included on your flash drive. (Prints, albums and artwork ordered from your photographer will not show a copyright watermark and will also include complimentary, more detailed retouching.)
- YOU MAY request image alterations from your photographer, free of charge. Purchase of prints
not necessary.
- YOU MUST show the Image Reproduction & Print Release document to your print producer
wherever you may take your flash drive to produce your own prints. It must be signed by you in order for your printer to make prints.
- YOU MAY share the Amkar Facebook sneak peek gallery of your images via social media sites.
- YOU MAY share your full online viewing gallery publicly. Any image shared digitally or online
must retain the green banner logo watermark.*
- YOU MAY display prints (either purchased from your photographer or printed yourself) in your
private space or for personal memory sharing, including insert style photo albums. If you print your own images, each image must retain the white text copyright watermark**.

What does my photographer PROHIBIT me to do with my images?

- YOU MAY NOT create digital photo books, albums or other pieces of art with your images IF design templates crop off the copyright watermarks.
- YOU MAY NOT crop, discolor, Photoshop or retouch images in any way. This is a violation of the photographer's original artwork, which is copyrighted by law at the moment the image was shot.
- YOU MAY NOT distribute or publish images for commercial purposes, including poster prints
displayed publicly and images used for online or print advertising.

If you have any questions about whether your plans for image use may infringe on copyright law, 
please discuss with your photographer. Reasonable requests may be accommodated.

* This is what the green banner watermark looks like. It appears on all images published online, including Facebook sneak peek galleries and full online viewing galleries hosted by amkarphoto.com. Anything clients choose to share digitally or online should have this watermark on it, including profile pictures for Facebook, LinkedIn, etc.

** This is what the white text copyright watermark looks like. This watermark appears on client flash drive images and must remain intact on each image should clients make their own prints or create their own artwork.

Authentic Personality: Know Thyself

Solidifying some notions following my Be You Movement, I'm realizing more and more a desire to portray people in portraits as authentically as possible. Perhaps it's the fact that I've seen so many weddings, so many people being posed and so many trendy strike-a-poses (teapot arm!) that I just keep wondering, is this You? Or are you hiding behind some selfie-faced Facebook ideal of portraiture?

Dislike. I want my photo subjects to relax, let loose and forget the camera is there entirely. Difficult, I know. Especially when most are not familiar with or comfortable with being photographed. However, relaxing and forgetting the camera is the only way people can show me who they really are. This is less difficult on a wedding day than it is for family or engagement portraits when I have people in front of me just waiting for direction.

Here's where You come in. Yes! You have some work to do for truly authentic portraits to happen!

Half of my ability to portray you authentically is your ability to know yourself and tell me about it. 

I'll reiterate, because it's important:

1. Know yourself. Who are you? What do you do (I don't mean career)? What do you like? What makes you smile?
2. Communicate with me. Forget about insecurities here, because I you need to tell me your concerns. I won't photograph you from above if you dislike your balding top, and I won't let him pick you up if you like to wear short skirts. Listen, I'm used to seeing peoples' flaws (it's my job to retouch many of them), I'm used to seeing ladies naked, and I'm used to seeing babies come out of mothers. You need to tell me both what you like and don't like about yourself so that I can focus on or avoid the correct things. 

Being photographed is an intimate experience! I can understand the concern of the Amish, but being photographed is less stealing your soul than it is sharing it. Since you're up for being photographed (otherwise you wouldn't have hired a photographer), you need to be up for sharing your soul, i.e. the Real You, as well.

Soul in a photograph is what makes it genuine, and therefore valuable. 

If you don't know who you are, there's no way I can invent you for you. I can only assume who you are, and that's likely not even a smidge of the real deal. In that scenario, you turn into a template. Templates are neither personal nor enriching, and we're shooting for both here when it comes to your experience with me as your photographer. There's nothing greater to you (and me!) than laughing and enjoying an experience that brings you back to who you are and reminds you of what fulfills you.

"Know thyself." - Socrates

That's deep! Yes. Deeper than just a portrait session.

I'm devising ways to discover people without prying too much, and to make portrait sessions an experience that stirs up life in people. I won't even say I want to "customize" your portraits or give you a "unique" experience because those words are over-saturating every photographer's profile these days, to a point where they mean nothing. Those words aren't even coming from the angle I'm coming from.

The angle I'm coming from is: This isn't just a portrait session. It's an exploration of Self, enjoyment, enrichment and happiness. Wouldn't it be great to capture that moment in a photo?

Let's stir up some life in you!

Amanda
www.amkarphoto.com

Cinematography Underway

Amkar Photography's first commercial cinematography shoot happened this month. This was a trial project for A Bride's Ally to test the waters for video production for small businesses. I'm in the process of developing techniques and creativities to make any business who comes to call for cinematography look amazing, and in a small-business affordable manner. Designing motion is challenging; a new way of working my mind. And fun! Having a company video, especially if you're in the wedding business, is essential to giving character to the face of your business and setting you apart from the totally saturated market out there.

Here are a few production photos shot by Jaimie Nicole Krause Photography. I designed some client interview segments as well as some bridal prep with Victoria Burrows for her wedding planning business. This was great. Operating for production is always a kick. We shot at Patty Long Catering and the Crystal Ballroom at the Renaissance Grand downtown.

Cinematography pricing will be coming soon on my website. My first few paying clients will get discounts!

Victoria thinks the bloopers remain bloopers, but it's just me getting her to smile naturally.

Swirling cream into coffee for a creative transition.

Advice for Buying a Fancy Camera

I am occasionally asked by non-professional photographers what kind of camera I recommend to them for their personal use. Firstly, this is a great question for the staff at Creve Coeur Camera. Secondly, as a Nikon girl and primarily wedding photographer, I know very little of anything other than Nikon. As well I know very little of models not great for wedding photography because those higher end professional grade cams are all I've ever really known since like 2009.

Wulp, I like helping people with their technological questions, despite the fact that I am neither a camera guru nor very technical by nature. Anyway, here's my contribution. It's very simple! Buying a new camera does not have to be difficult at all. This should make the decision very easy for you.

To start, ask yourself two very important questions:

1. Do I really need a "fancy" camera? If you call it a "fancy" camera and expect a [properly termed] DSLR to make you an instant great photographer, then you probably don't need to drop a couple thousand dollars on a DSLR. You need to drop a couple hundred dollars to take photography classes. Advice: Borrow or rent a DSLR and take some classes to see how you do. If you enjoy it enough to stick with hobbyist photography, consider purchasing one later. See where it goes from there. Sub-advice: A great camera doesn't make a great photographer; knowledge does.
2. What am I doing with this camera? Taking family photos? Dimly lit creative photos? Professional photos for web or commercial purpose? Professional portraits to which you may later add a lighting system (flash or radio system)? Fast moving subjects? Nature/travel photography? Making prints? Posting images to Facebook? Wearing a tech savvy necklace? All the answers to these questions direct you to the type of camera that's best for you. Advice: If you're sincere about investing in a DSLR, check out the chart below to see an honest comparison chart of DSLR features. This is from Nikon's website (< click to see this chart in full detail), but similar features will exist for Canon and other brands too:

Familiarize yourself with these terms: megapixels (big numbers mean great print and/or web resolution), ISO (high numbers and ability to reduce noise means great dim shots), autofocus (options exist to make following and freezing movement easier). You also need to invest some time playing with these expensive cameras to make sure you're not overspending on something a much much cheaper camera can still do for you. Gobs of enthusiasts make this mistake!

There's a load of extremely technical information here. If this chart intimidates you or these feature descriptions make you feel like you're reading ancient Hebrew, then considering a DSLR is probably not for you. Save your money.

If you plan to take snapshot images, family photos, just-for-fun stuff of family and friends socializing... if you don't intend to make prints larger than a 5x7... if everything you photograph will shoot straight to Facebook and probably remain there in storage, go no further than your smartphone. Seriously. This is what I would do if I was not a professional photographer. Having one with great megapixels and applause-worthy camera features is the way to go. Plus they fit in your pocket! I'd hate to lug around a very boxy DSLR if I didn't have to. If you've already got one of these amazing smartphones, you just saved yourself a few hundred dollars! Lucky!

If you want super pro looking family portraits, investing in a family photographer rather than buying a camera will actually save you money on:

• A thousand(s) dollar DSLR camera
• A few hundred dollars in lighting systems
• Technical knowledge which comes with the package
• Artistic knowledge which comes with the package

You can't put a price on those last two. Actually you can. It's something like a 4 year college tuition and/or years of in-the-field, hands on learning alongside technology changing over the years.

There you go! Easy! I hope you do well with your smartphone camera, photography lessons, new DSLR or favorite portrait photographer.

The BE YOU Movement

Who are you?

Without telling me what you do for a living, who are you?

Without social media or digital means of expression, who are you?

This is a difficult topic I've pondered for weeks. Abstract, I know. Difficult, though interesting to explore what really makes a person the fullest person they can be and recognize the full extent of their mostness, and also to be able to shine that forth. Socrates said it succinctly: "Know Thyself". This is a greater thing than most of us are able to comprehend in the age of social media, which I feel greatly impacts our ability to truly know ourselves, what with instantly gratifying distractions, trends, templates, stereotypes, categories of person types and personality molds being created and yearned for every day. Why? What is all that? Does it benefit us socially to all be the same, or would it do us more innovative good if we were each our own outstanding person to share with other self-made outstanding people?

If this sounds a little philosophical for a post on a photography blog, understand that this photographer 'knows' herself little, but just enough in order to make a specific connection here. I work with a lot of people regarding topics of things close and personal to them: Portraiture. I also constantly, constantly strive to personalize portraits for them. I'm always encouraging subjects to tell me what interests them and how we can tie that into a photograph. "What feels like YOU?", I'll ask. Usually, there is no clear answer. "I like movies," or "We love going out" doesn't really give me much. I think it's a great, great thing to really Know oneself, to the extent that the content of your character can be known and expressed in a photo. If I can achieve that for someone, I'd be able to give something no one else can. Perhaps the experience in itself is an excursion in finding oneself. I'd love to be a part of that in someone's life.

I suppose this is how I differ as a photographer. I don't want to template you. Templates are horrible and trapping. I want you to experience something great, maybe learn new things about yourself. It's not just about photography, it's about empowering yourself. Think of the possibilities. What can your photographer do for you?

It starts with my subject. You have to know yourself in order to tell me who you are, in order for me to capture who you really are. I know this sounds pretty deep, but if I could blunt it down a little I'm basically saying: BE YOU. Don't be a copycat. Find yourself. Know yourself. This concept completely applies to your journey if you're getting married too because you should share the experience with your partner.

So, who are you? ...without being a copycat? Who are you without a Pinterest board or a Facebook page or a sorority house or career presence or a [personality type] label? What gets you going in this world of all this stuff which affects people at large? What are you passionate about?

It's my profound observation that social media affects our preferences to the extent that we become a vessel who embodies trends created by others rather than truly being ourselves and making something our own. I'm sure advertising has benefited greatly from this phenomenon; we're not people, we're canvases for other people to profit from. As a photographer, all this static makes it hard for me to really Know you. Did you know that brides who show me images they want to emulate on their wedding day (Pinterest source, I assume) are often showing me the exact same images that keep cycling around Pinterest as what I call the "Pinterest recycles"? When you put it all together, I see brides wanting to be models showcasing things that others have done rather than things they do and things they make their own. If I see the same shot carried out by 3 subjects, it kind of diminishes its authenticity, don't you think? It kind of bores me. I know you're something special. I want to help you express what that is about you.

How do you make something your own? Get to know yourself. If you could shut off all these things or people that tell you what to be or what to do or who to be, dive in to who you really are and start making a lifestyle of that. You don't need to be categorized. You don't need to BE anything other than yourself. Be that person no one can categorize, and you're probably on the right path. Lose your WiFi for a day and see how that works for you. Sit with your own thoughts for 15 minutes at least.

As a first step towards the Be You Movement, I'm starting small with a series of questions to submit to portrait clients which may help them realize themselves, and which I can use as inspiration for completely personalizing something for them. Honestly, it's the worst when I feel like I don't know someone whose soul I'm trying to capture. It kind of feels like having a pop quiz put in front of me when I haven't studied. Half of this is You and half of it is me trying to encourage you. I feel I have to resort to templates with lack of information, and that's simply no good according to my mission for photographing people. I'm changing this.

Of note, I enjoy that I was able to bring these previously jumbled thoughts to fruition while having a loss of internet connection during a vacation in India.

Dreamy Inventions for Photography

Consistent busyness never prevented a creative mind from daydreaming about what wonderful inventions could really help out while on a shoot here and there, or better yet push my photography into the elusive and much desired "she's the only one who does that" realm. I try to give realistic thought to everything, so I attempted to do so with these fleeting wild ideas and decided that these four fictitious inventions would be really great if they were real. If any scientist out there decides to capitalize on any of these ideas, please know that these were brainstormed here first by Amanda M. Kar (and I'd like to be contacted for design input). Images in this article courtesy of Google image search.

Deceased Portraiture

Like many creative ideas, this one actually came to me in a dream. It would involve family portraiture summoning the paranormal and bringing forth deceased relatives so that they may be present for portraits. I always give myself the benefit of the doubt of science fiction and envision how this could entirely be possible. It would involve contacting some paranormal specialists, ghost whisperers, or psychics, probably shooting in a space close to the deceased individual, and maybe some special equipment which would enhance my camera's ability to capture ectoplasmic activity in a photograph. Some images may be captured less in the humanoid depiction of a person and more in light of "ghost orb" photography. But wouldn't it be great to have a seance, bring forth a deceased loved one and capture some interaction with them in a photo? It'd be great if you could guarantee it. I'd completely freak out on the first two or three sessions, but I'd definitely have something here if it could be predictable and I could ensure capturing something every time.

Sun Balloon

The dimly lit high-ceiling church wedding ceremony is, I think, the bane of all wedding photogs' existence. The sun balloon would be a marvelous way to add daylight where there is none. This would be so great if designed to be inflated and deflated quickly, and to whatever size is needed (larger would emit more light). It would be made of a material which could both withstand the heat of output and diffuse the light just as overcast real daylight would... I guess it'd be more like a sun-behind-cloud balloon (we don't like direct daylight because it causes squints). The balloon would be tethered to be pulled back down for deflation or re-positioning. It could be solar powered! Just imagine, great light everywhere with no flash and green power to boot. *swoon*

Stilt Shoes

Yes like that.

Okay I'm short. Even if you're not, it'd still be great to wear a portable ladder to jack you up 5 or 10 feet to get really great overhead shots of locations and groups. I'm taking a cue from Inspector Gadget here, but the invention would rather be an extension built into the sole of any shoe or it could be a device to attach externally to the soles, also allowing the shoe to remain comfortable while the stilts are retracted. It would have to have some mode of immobilization as a safety factor while extended to prevent walking and falling, and would need to extend and retract fairly quickly to avoid making re-positioning a pain. 

Invisibility Cloak

Don't mind me!

I do like when subjects give me full attention when I need it to pose them, but when I want a true candid moment, or to sneak somewhere without being detected in order to capture a really Real moment, I wish I could be invisible. I initially envision the Harry Potter invisibility cloak here, but for a photographer it'd have to be streamlined. It would really need to be a type of fabric which can reflect surroundings so as to give the illusion of invisibility, but which can also be toggled to be "invisible" or not. Somehow I think this is fairly possible. Update: I just looked it up and found this article about scientists actually working the real physics behind this. The military also has some good research going down too, for camouflage. Image below is from that site.


I also believe in spirit activity and ghost sighting, so I think that's fairly possible too. Extra-curricular activities for when I have more time to research these things :).

Take Better Smartphone Photos & Videos

I'm so in love with photography I'm jumping to teach smartphone users how to take better photos on devices which notoriously capture poor quality media. If pixel noise, blur, and dim orange shots with demon glowing eyes bothers you too, or if you're a selfie-matic, read on for some tips that may improve your approach to smartphone photography. These tips attempt to take the whole gamut of smartphone brands into consideration. Images posted here were taken on my iPhone 5.

BETTER SMARTPHONE PHOTOS

Left side lit by a second phone's flashlight.

• In dim scenes, try side lighting with a friend's phone's flashlight feature. Direct flash is never pretty, even from a pro DSLR. Get creative with angles of the light.
• Dodge the darkness altogether and look for bright light or choose outdoor daylight, if available.
• Stand with your phone to a window, not your back to it.
• Don't plan to print a serious image from a smart phone, especially for a large print. You'll see a load of pixelization and noise. If you're serious about quality and printing, get a real camera... or a pro photographer.
• Turn on the snapshot sound indicator so someone you're photographing knows you have taken the photo.
• Get close, take time to compose the shot.
• Smartphones can't handle blur well. Stabilize your subjects.
• Don't even try capturing motion (especially fast children) with a smartphone camera - take video instead.

BETTER SELFIES

• Download a self timer app so you can compose shots without arms holding your own camera. Sometimes face shots get boring, and we want to see what else you can do.
• You don't always have to be looking into a mirror. The last point probably solves this thing.
• Never shoot yourself from the angle at which you normally read your phone (see below). Utilize the live viewer to compose your shot in a way that actually looks like you.
• Don't look at the live image of yourself when you shoot, look at the camera's eye.

The most attractive angle is usually from your phone looking slightly down on you.

A self timer app actually allows for an honest pose.
Hands are expressive! I knew they could do more than hold a phone :).

Don't shoot with your back to a window!

BETTER VIDEOS (same above lighting tactics apply)

• Always take horizontal video. (Notice this is bold, italicized and underlined.) This is how the medium was designed. Actually it's because our eyes are aligned horizontally. Vertical video feels unnatural and disorienting because that's not how we biologically view the world.
• Never switch from vertical to horizontal orientation while you're shooting... it won't correct itself later, and your watcher will have to finish viewing with a tilted head.
• Practice hand steadiness. Try holding your breath to achieve, or use a tripod. Don't give your viewers motion sickness.
• Move around when you shoot long, continous shots. Unmoving shots are boring, especially if we're waiting for a baby to do something. Move in, move out, get a new angle... all in one shot.
• Trim your video. If you haven't shot it succinctly, trim it short to show just the moment that matters. Internet users have extremely short attention spans (like, shorter than a toddler's), and they want the meat of the movie pretty much right when they press play.
• Keep it quiet. Narration distracts too much unless this is a documentary. Let babies silently explore their world (below).

Move in, out and around to show hands and expressions.

Motion jazzes up a pensive video.

Fun times! As everyone else does, I love capturing media. Although I'm used to professional equipment, I still enjoy the challenge of trying to fudge professionality with something completely stifling to it. Anyway, have fun trying these tactics and improving your photography!

Disclaimer time: Every smartphone claims different specs when it comes to its camera's abilities. Some claim better low light abilities, some claim greater image resolution. Some even have the ability to fit DSLR-like lenses and other equipment to improve the phone's ability to capture. I'm just going to say right here that if you're that serious on getting good quality images from a phone, might want to buck up and get a big boy camera rather than hunkering a phone around with top-heavy equipment which negates the slimness of toting the phone in the first place. Just sayin'!