Archive for March 23, 2011

Photoshop – Before/After


Some have asked if the picture above was photoshopped or if it was taken in front of a mural of Optimus Prime in Arizona (I don’t think that exists). So to answer the question, this was actually photoshopped and it’s composed of 3 photos: Optimus Prime (left), Robot Hand (bottom right) and a Plane (upper right). I also added the lens flare coming from behind the plane (i believe it was 105mm Prime Lens flare).

Here’s the picture before the edits:

Before


The Photographer’s Rights

The Cloud Gate - Millenium Park

If you ever wonder what rights do you have as a photographer, the guide below might give you some idea. I literally copied and pasted this information from a PDF file I downloaded from the internet a couple of years ago. I don’t know where I got it but you can download it here: The Photographer’s Rights

About this Guide
Confrontations that impair the constitutional right to make images are becoming more common. To fight the abuse of your right to free expression, you need to know your rights to take photographs and the remedies available if your rights are infringed.

The General Rule
The general rule in the United States is that anyone may take photographs of whatever they want when they are in a public place or places where they have permission to take photographs. Absent a specific legal prohibition such as a statute or ordinance, you are legally entitled to take photographs. Examples of places that are traditionally
considered public are streets, sidewalks, and public parks. Property owners may legally prohibit photography on their premises but have no right to prohibit others from photographing their property from other locations. Whether you need permission from property owners to take photographs while on their premises depends on the circumstances. In most places, you may reasonably assume that taking photographs is allowed and that you do not need explicit permission. However, this is a judgment call and you should request permission when the circumstances suggest that the owner is likely to object. In any case, when a property owner tells you not to take photographs
while on the premises, you are legally obligated to honor the request.

Some Exceptions to the Rule
There are some exceptions to the general rule. A significant one is that commanders of military installations can prohibit photographs of specific areas when they deem it necessary to protect national security. The U.S. Department of Energy can also prohibit photography of designated nuclear facilities although the publicly visible areas of nuclear facilities are usually not designated as such. Members of the public have a very limited scope of privacy rights when they are in public places. Basically, anyone can be photographed without their consent except when they have secluded themselves in places where they have a reasonable expectation of privacy such as dressing rooms, restrooms, medical facilities, and inside their homes.

Permissible Subjects
Despite misconceptions to the contrary, the following subjects can almost always be photographed lawfully from public places:

  • accident and fire scenes
  • children
  • celebrities
  • bridges and other infrastructure
  • residential and commercial buildings
  • industrial facilities and public utilities
  • transportation facilities (e.g., airports)
  • Superfund sites
  • criminal activities
  • law enforcement officers

Who Is Likely to Violate Your Rights
Most confrontations are started by security guards and employees of organizations who fear photography. The most common reason given is security but often such persons have no articulated reason. Security is rarely a legitimate reason for restricting photography. Taking a photograph is not a terrorist act nor can a business legitimately assert that taking a photograph of a subject in public view infringes on its trade secrets. On occasion, law enforcement officers may object to photography but most understand that people have the right to take photographs and do not interfere with photographers. They do have the right to keep you away from areas where you may impede their
activities or endanger safety. However, they do not have the legal right to prohibit you from taking photographs from other locations.

They Have Limited Rights to Bother, Question, or Detain You
Although anyone has the right to approach a person in a public place and ask questions, persistent and unwanted conduct done without a legitimate purpose is a crime in many states if it causes serious annoyance. You are under no obligation to explain the purpose of your photography nor do you have to disclose your identity except in states that require it upon request by a law enforcement officer. If the conduct goes beyond mere questioning, all states have laws that make coercion and harassment criminal
offenses. The specific elements vary among the states but in general it is unlawful for anyone to instill a fear that they may injure you, damage or take your property, or falsely accuse you of a crime just because you are taking photographs. Private parties have very limited rights to detain you against your will and may be subject to criminal and civil charges should they attempt to do so. Although the laws in most states authorize citizen’s arrests, such authority is very narrow. In general, citizen’s arrests can be made only for felonies or crimes committed in the person’s presence. Failure to abide by these requirements usually means that the person is liable for a tort such as false imprisonment.

They Have No Right to Confiscate Your Film
Sometimes agents acting for entities such as owners of industrial plants and shopping malls may ask you to hand over your film. Absent a court order, private parties have no right to confiscate your film. Taking your film directly or indirectly by threatening to use force or call a law enforcement agency can constitute criminal offenses such as theft and coercion. It can likewise constitute a civil tort such as conversion. Law enforcement officers may have the authority to seize film when making an arrest but otherwise
must obtain a court order.

Your Legal Remedies If Harassed
If someone has threatened, intimidated, or detained you because you were taking photographs, they may be liable for crimes such as kidnapping, coercion, and theft. In such cases, you should report them to the police. You may also have civil remedies against such persons and their employers. The torts for which you may be entitled to compensation include assault, conversion, false imprisonment, and violation of your constitutional rights.

Other Remedies If Harassed
If you are disinclined to take legal action, there are still things you can do that contribute to protecting the right to take photographs.
(1) Call the local newspaper and see if they are interested in running a story. Many newspapers feel that civil liberties are worthy of serious coverage.
(2) Write to or call the supervisor of the person involved, or the legal or public relations department of the entity, and complain about the event.
(3) Make the event publicly known on an Internet forum that deals with photography or civil rights issues.

How to Handle Confrontations
Most confrontations can be defused by being courteous and respectful. If the party becomes pushy, combative, or unreasonably hostile, consider calling the police. Above all, use good judgment and don’t allow an event to escalate into violence. In the event you are threatened with detention or asked to surrender your film, asking the following questions can help ensure that you will have the evidence to enforce your legal rights:
1. What is the person’s name?
2. Who is their employer?
3. Are you free to leave? If not, how do they intend to stop you if you decide to leave? What legal basis do they assert for the detention?
4. Likewise, if they demand your film, what legal basis do they assert for the confiscation?

Disclaimer
This is a general education guide about the right to take photographs and is necessarily limited in scope. For more information about the laws that affect photography, I refer you to the second edition of my book, Legal Handbook for Photographers (Amherst Media, 2006).

This guide is not intended to be legal advice nor does it create an attorney client relationship. Readers should seek the advice of a competent attorney when they need legal advice regarding a specific situation.


Palm Springs Aerial Tramway

TramPalm Springs

Palm Springs Aerial Tramway is the largest rotating tramcar in the world. It takes 10 minutes to get to the Mountain Station (8,500+ft elevation) from the Valley Station (2,600+ft elevation). They say on a clear day, you can see the view of the Catalina Island and the light beam of Luxor Hotel in Las Vegas on a clear night. Too bad, the mountain was full of snow and they closed some of the trails. The mountain station offers a spectacular view of the Palm Springs valley. The weather in the mountain is about 30 degrees less than the valley.

If you want to get away and experience something new, head to Palm Springs Aerial Tramway and enjoy a day hike or book a dinner reservation and enjoy the view.



Product Photography #2

Dolce & Gabbana - The OneIssey Miyake - Euro Summer Edition

So last night I posted two pictures of Vuqo Premium Vodka but I also took pictures of a couple of colognes that I just purchased. I played around with black, white, and gray backgrounds but I liked white background better for these products. Again, I used two lighting setup for these shots on white background.


Product Photography

VuqoVuqo

My brother came in town and we were supposed to do a photo shoot at this new location I found in Downtown L.A. but it got canceled due to the weather. We wanted to do a photo shoot with him in a nice European cut suit while smoking a cigar and holding a bottle of Vuqo Premium Vodka. So instead of going out in the rain, I stayed home and took pictures of the bottle and a few other items that I will post at a later time.

For those who who have not yet tried this vodka, please go out look for this fine vodka at a store near you. Some stores might not carry it at the moment but they will be soon! In the meantime, click at the following link to view a lists of stores that carry their product (Store listing)  Well, before you click the link, let me give you a brief history of Vuqo:

“The history of VuQo Premium Vodka dates back at least four centuries. VuQo Premium Vodka is based on an ancient technology practiced in the Philippines long before Spanish conquistadores set foot on its shores. It is the same technology that Filipino seafarers brought to Mexico through the Spanish Galleon trades to create the now popular tequila. Coconut vodka was the drink in those ancient times, on those far eastern shores. It was, in a manner of speaking, a tribal drink, one that sealed brotherhoods and with which the day’s bounty was enjoyed and shared. It is this spirit that VuQo Premium Vodka hopes to recreate and celebrate today.”

Try them for your next gathering and you will not be disappointed. This vodka is smooth and can taken straight or mixed. To try some of the Vuqo Mixes, click here

Here’s a couple of my shots from my gallery: