26 October 2010

Soap box rant...

So, I need to take a few moments to rant.  


Recently, I discovered that one of my photos had been featured in an article about the lead singer of Clutch, Neil Fallon.   


Photo :  © Scott S. Clinton, ScottClinton.com


Normally, this exposure would be a great thing...  Neil is a solid person and an amazing performer.   But, this time, the exposure was anything but great.  Either the writer of the article or the publisher of Crave Online decided to use my image with out obtaining my permission.  To make matters worse, they actually cropped my copyright out of said image and failed to acknowledge me with a photo credit or link.


It appears to me that Crave Online is a for profit online magazine.  Logic dictates that they should know better than to simply take images off of the web and use them without getting permission.   Or, should they do choose to violate artists' copyrights, to at least have the decency to provide a proper photo credit and link. 


Needless to say, I was very angry about this unauthorized usage (more angry about not getting credit).   So, I fired the following email off to the people of Crave Online:

Greetings...

This evening, I came across an interview with Neil Fallon (of Clutch) on CraveOnline.com, dated 19 October 2010 (http://www.craveonline.com/entertainment/music/article/neil-fallon-of-clutch-company-band-114703). This article features an image of Neil performing live which I captured (created). This presents a problem for you as you have violated my copyright by not obtaining/purchasing proper usage rights for this or any other image. To make matters worse, you did not even have the decency to give me a proper photo credit.

Contrary to popular belief, images found on the web are not public domain. Images like this one are the property of the person who created it... In this case, me. Of course, usage (for print, web, etc) can be purchased by an individual or company, which CraveOnline FAILED to do. Images cost money to create and in turn cost money to use. Since you are running a for profit website, you should be aware of this already.

You have two options:

1) Remove the image in question immediately and send me a written apology with an explanation of how you justify infringing my my copyright.
2) Contact me for my pricing information for web usage. Then, after a rate has been agreed upon, provide a proper photo credit "Photo: © Scott S. Clinton / ScottClinton.com," a link on your website, and a written apology (with an explanation of how you justify infringing on my copyright).

Failure to comply with one of the above solutions by end of business (EDT) 22 October 2010 will result in a legal escalation of this matter.


I appreciate your prompt attention to this matter.


Scott


Scott S. Clinton
Principal + Photographer, Scott Clinton Photography
www.scottclinton.com




Within one hour of sending the email, they had removed my image and replaced it with another illegally obtained image.  This one by fellow photographer Steve Truglio (Clutch's Staff Photographer).


I should mention that I did receive a quick little apology email from one Ahmad T. Childress of Crave Online.  He failed to acknowledge that he/they had broken the law...  In fact, it basically said nothing.


This experience has left me more disenfranchised with the current state of the photography industry than ever before.   More and more I feel like working for private individuals doing portraits and weddings is the way to go.   I love commercial photography...  I love shooting bands...  But, I will not continue to put my energy into providing a product for which I am not properly compensated (or credited).


*Edit - 27 October*


I just discovered a second crappy online magazine, AntiQuiet.com, used the same image in question back in 2008...  Again, without permission...  Without credit...  Without a link.   Grrrr!


http://www.antiquiet.com/interviews/2008/07/neil-fallon-of-clutch-is-a-bona-fide-man-of-action/ 


(end rant)

18 October 2010

Another day... Another trip to nYc.

This past weekend was spent trying to forget.   With the help of some of my good friends in Charlotte, I was able to do just that... If only for a few hours.

Sunday was spent driving North to PA.   Unfortunately, my start was later than I wished, but I was able to spend some time with my friends Randy and Jen.  Typically, I look forward to my drives as a way to catch up with friends (via cell phone) and an undisturbed opportunity to clear my head.  This time, the drive was torture.  I mind was wondering to places it shouldn't have...  I found myself dwelling.  I found myself playing the what if game.  I found myself wishing I was on my trip to Spain/France and not driving North to PA/NY.  

Spending time with my friends last night in PA was nice, and did offer me some distraction.

Today (and tomorrow) are all about working...  Shooting at the Coach studios.  Again, distraction is good.

Wednesday I will make the drive back down South and hope that I can stay focused and not dwell.

Wednesday night, Thursday night, and Sunday night are booked up with live concerts in Charlotte.   Saturday, time for college football!  Maybe some pro football on Sunday afternoon.

Monday AM, I'll be hitting the road again...   This time to the MidWest.   Much more on that later.




14 October 2010

At long last...

Scott S. Clinton, photographer, is attempting to remove his head from is posterior.

After almost 12 months of failing to blog, I am changing my ways. Today I launched a new blog specifically for my portrait business, Simulacra Photography. Become a follower today!

This blog will serve to be more of a personal account of my photography, life, and travels.

The cat is out of the bag... I moved my principal residence to Charlotte, NC back in January. For reasons I won't go into, I chose to keep that under my hat. I am still traveling to nYc every two/four weeks for shoots and plan to continue for some time.

The past 10 months here have been interesting to say the least. Many positives, too many negatives... Both personally and professionally. I have experienced major setbacks and soul crushing let downs these past few months at the expense of my career and the people I care about. Hopefully, the worst is over and the blood letting can cease.

On the positive, Simulacra is starting to gain some traction, inquiries and bookings are both headed in the correct direction for both portraits and weddings. On a personal front, I am starting to make some great friends here in Charlotte.

October through December promises to be very busy for me with traveling and bookings, which... Is a good thing. Destinations include: NYC, Indianapolis, St. Louis, Omaha, Chicago, Nashville, Knoxville, Houston, Dallas, and Austin.

With any luck, I can make a real push in 2011 for success in my personal life, my commercial photography, and my portrait photography.