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Messages - unnonimus

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326
Newbie Discussion / Re: iStock Editorial Rejection
« on: January 02, 2017, 18:41 »
there is no such thing as protection for celebrities or public figures, in regards to photography, at the federal level in the US. you can legally film and sell anything that is not expressly prohibited by law (such as child pornography, or filming in a person's private home without their knowledge).

however, in the state of california, there are strict laws that protect celebrities in regards to photography, but they only apply to jurisdiction in the state of california, and they do not apply to the rest of the country.

the liability in regards to infringement is always taken by the buyer of the photo who intends to use it for presentation to the general public.

in the Supreme Court case Sony Corp. of America v. Universal City Studios, Inc., the court ruled that anything that has substantive legal uses is legal (even though betamax could record copyrighted videos). stock photography has substantive legal uses and is therefor legal.

according to Fair Use, all stock photography is legal because all stock photography can be used for commentary purposes. this is expressly written and codified in US copyright law.

1. photographers have the lowest (almost no) risk of copyright infringement
2. stock media agencies have some risk but are protected by the Safe Harbor provisions of the DMCA
3. media buyers have high risk of copyright infringement, if done improperly


327
you said: "Good luck with that you clearly have no clue what the role and functions of the UK Department of Transport are"

The UK Department of Transport will have a media department, and the media department deals with public relations including photography and journalism. if you want permission to use something that they have rights to, you send them a written request and they either approve it or deny it.

second, copyrights protect creative works such as music, art, and literature. trains are not creative works. copyrights cannot and do not protect objects that are used for functional or utility reasons. trains cannot be copyrighted or trademarked.

the intellectual property of trains are only protected by patent law.

328
General Stock Discussion / Re: Copyright Issue
« on: January 02, 2017, 18:24 »
legally you have no risk of liability for taking a photo which contains a logo. this was upheld in the court case of Daniel Moore vs University of Alabama, whereby the court stated that the photographer can sell photos that contain logos that did not belong to him.

The risk comes in how the photo is presented to the general public, such as in advertising. if someone who sells ski equipment from a competing company uses the photo, they can run the risk of trademark infringement. in almost all other cases, there is no legal risk for anyone to use the photos.

according to the safe harbor conditions of the DMCA, there is no risk for any infringement in regards to the web site that has the image hosted, as long as they investigate within the legal time period and have a designated agent filed with the copyright office.

you as a photographer never have any legal liability for any photo you take unless it is explicity prohibited by law (such as child pornography). there are no laws that prohibit you from taking photos, and reselling them, of logos or trademarks.

329
I wrote my own video renderer and am familiar with these codecs.

The reason why you have problems is because there are hidden variables that can be set for MJPEG and H264 that the software has preset that you cannot configure, which will affect the output, and because the software is not properly translating the codec settings.

The "90%" setting is somewhat meaningless and does not translate to real world use for the photo jpeg codec. in other words, the actual codec doesn't have a '90%' setting, it was created by your software develoepr and is not accurate. The codecs use quantizers and others variables that are explained on the wiki pages and in the codec documentation. the developer should have given you the quantizer setting instead of the '90%' setting which does not exist in the actual codec. H264 has far more configuration options than prores and mjpeg and is more complicated and difficult to explain.

your software developer made a front end to a codec, and if he did not implement all the features, then they are not available to you. and if the developer did not use the highest quality settings by default, then you do not have access to it. it might say 'best' in the software, but when it is translated to the codec, the developer may not have actually used the highest quality setting.

photo jpeg is a series of jpeg images. other codecs use deltas, meaning they store the difference between frames, and are not a series of images.

I did a pixel by pixel comparison of various codecs and if you use the best quality settings, they all perform about the same. it is once you use lower quality settings that you see large differences in the codecs.

330
MovAVI does most of what I need. you can trim and do conversions without rendering; it will copy the original frame so you end up with the exact same quality as the original, pixel for pixel. I almost never use anything else.

I also recommend Mercalli.

Sony Vegas (Movie Studio) for many years was the best of the low end video editing programs, but they did sell it off to another company.

331
I use a spreadsheet with a master copy of the metadata, and I use sheet cell references to copy the data to separate sheets for each agency.

if a cell A2 needs to be copied, you reference it like so: sheet_name!A2

then I save each sheet for each agency.

for some agencies, I save a sheet and run it through a script that makes changes unique for that agency.

332
there is a camera I think the B700 that you should consider, it is only $400, however I do not know what the quality is.

333
you said: "The problem which you originally said you had is due to the way light is reflected."

no, I only used that as an example of how bright the sunlight was, it was bright enough that I am getting reflections off of people's clothing onto their face.

I have 3 cameras. an fdr ax100, a P900, and a coolpixk waterproof camera. the FDR AX100 handles bright sunlight better than the P900 and the waterproof camera. the technology is different between the 3 cameras. I want to buy a camera that does a better job than the 3 cameras that I already have when filming in bright sunlight. the minimum ISO settings are similar and the video quality is vastly different.

I have gone through hundreds of cameras and am unable to determine what measure signifies its performance in bright sunlight.

can anyone recommend how to identify what to look for in a camera, specs wise, that will ensure me that the camera films better in bright sunlight?

thankyou

334
General Stock Discussion / Re: Property release pain
« on: January 02, 2017, 08:50 »
trademarks are for logos (that identify source), not for physical structures, you cannot trademark physical objects, it is not permitted in the united states patent and trademark office.

335
General Stock Discussion / Re: Property release pain
« on: January 02, 2017, 08:45 »
you said: "Its not just the use of the actual Hollywood sign that they are protecting under their trademark registrations."


You are 100% wrong. The hollywood sign is owned by the state of california, and there is no valid trademark registration for the sign itself. trademark registration for signs is not permitted in the United States of America. The Hollywood Chamber of Commerce only has rights to manage the ground where the sign sits and not the sign itself. They have made numerous attempts to file trademark registrations with the USPTO and the USPTO office rejected their attempts to register a trademark of the Hollywood sign.

The article you reference is not evidence of trademark registration and is misinformation. Go to the USPTO web site and search for their trademark registrations and you will see that they were DENIED a trademark for the sign itself, and most of their trademarks are for gift items, such as an imprint on a paper bag.

They tell you they have trademarks for the Hollywood sign but what they don't tell you is that their trademark is limited to gift items such as imprints on paper bags that are distributed at their gift shop. this does not deny you rights to photograph and resell photos of the sign, they have no rights to control it. There is a law entered into the state of california legislature that clearly states that the hollywood chamber of commerce only has rights to manage the grounds that the sign sits on and not the sign itself, they do not own it.

I contacted the Hollywood Chamber of Commerce and they confirmed to me that I may photograph the Hollywood sign and sell my photos for profit. I posted an excerpt of the email.

You are wrong, please stop spreading misinformation.

If you think they have a trademark for the sign, find the registration number with the USPTO. You will fail.

This is a classic case of organizations misleading the public because the public doesn't investigate the truth. They may as well say they own the Brooklyn bridge.

In regards to the question about people suing regarding model release forms years later, there is nothing the copyright law regarding model release forms. model release forms were invented by the stock media industry. anyone can sue for any reason in the United States. Only a court of law can make a determination if a lawsuit can be entered into a court, not me or you.

336
Let me rephrase my question.

I am shopping to buy a new video camera.

Which camera will give me the best quality video in bright sunlight? What specs can I look for in a camera that can identify which camera will give me the best quality video in bright sunlight?

Thankyou

337
I have 3 cameras. one (SONY FDR AX100) does somewhat well in bright sunlight but not always. the P900 and my waterproof coolpix do horrible in bright sunlight.

I want to buy a new video camera that does better in bright sunlight than the SONY FDR AX100. bright sunlight = filming at the equator around 11am or 1:30pm.

I am trying to figure out how to determine which camera will perform best in bright sunlight. ISO is not an accurate measure, because many cameras with ISO 100 perform differently in bright sunlight.

338
General Stock Discussion / Re: Property release pain
« on: January 01, 2017, 03:36 »
you said: "Arguing that they don't know the law is an incorrect assumption."

after many email exchanges with stock photo companies, they clearly do not know the copyright laws.

339
General Stock Discussion / Re: Property release pain
« on: January 01, 2017, 03:35 »
you said: "unnonimus, a question. If I have a model release, signed and witnessed, can a model come after me years later, to have all her photos removed, and sue me, because she's become famous and she doesn't want them on Microstock. With a proper legal release can a model change her mind after the fact?
What's your official legal opinion on this question unnonimus?"

only a court of law can make that determination.

340
my models each sign between 8 and 13 model release forms.

341
first of all, I have tried using polarizing and neutral density filters (I think the brand is Hoya) and they are mostly worthless.

I have gone through hundreds of cameras, and even the garbage cameras have an ISO setting of 100 and do poorly in bright sunlight.

I am looking for a camera that performs well in bright sunlight, because I almost exclusively film in bright sunlight.

the ISO is not an accurate measure. 2 cameras that both have a min ISO of 100 may perform completely differently in bright sunlight.

I would have done testing but my camera is being repaired right now, and has been for a few weeks.

342
Newbie Discussion / Re: Which areas need a property release?
« on: January 01, 2017, 03:28 »
you said: " For example: you create a great image with nothing but a light show that is under copyright. Fair use is out of the question."

You do not understand copyright law and are spreading false information.

A photo of a light show is 100% the copyright of the photographer, not the creator of the light show. It is 100% fair use. This is basic copyright law.

If you create your own light show and copy someone else's light show, that is infringement. a photo of someone else's creative work is not infringement in most cases.

This is basic copyright law. Please stop spreading misinformation because you and the others are 100% wrong, and so are the stock agencies.

The only source for copyright law (in the US) is copyright.gov.

343
Shutterstock.com / Re: SS 2016 Review
« on: January 01, 2017, 03:21 »
sales up 50%
portfolio size up by about 700%

344
the service I was referring to in the previous message is Integromat.

345
I have learned that low ISO is best for bright sunlight.

what about gain, do I need a low gain level?

346
I film often in bright sunlight. you can see the colors of clothing reflected off of people's faces.

I want to buy a new camera. what should I look for in a camera in order to make sure it does the best job in regards to filming in bright sunlight?

I read that high ISO is important. would it be true to buy the camera with the highest ISO range?

I currently use the SONY FDR AX100.

any advice is appreciated.

347
Newbie Discussion / Re: Which areas need a property release?
« on: December 28, 2016, 00:04 »
you said: "You cannot copy nor make any derivative new copyrighted work of another author work without his/her explicit permission"

you are wrong, derivatives fall under Fair Use and is legal.

348
Newbie Discussion / Re: Which areas need a property release?
« on: December 28, 2016, 00:02 »
you said: "You cannot make money of ANY copyrighted work if it is not yours or you have the pertinent authorization"

you are wrong. you are permitted to profit from copyrighted works as long as it falls under Fair Use.

copyrights for light shows only protect the original author from having his light show used by other people presenting light shows. copyrights for a light show do not transfer to other mediums such as photos of the light show or videos of the light show. this is basic copyright law, and has been upheld by courts many times, and is not disputed by the copyright office.

the only source for copyright laws (in the US) is copyright.gov. the TV news media, stock agencies, lawyers threatening to sue, etc are not courts of law and are not sources of information for federal copyright laws. word of mouth, common knowledge, is all misinformation. corporations and lawyers want you to believe you have 0 rights when in fact you have most of the rights.

photographers can legally sell and profit from almost any photo they take with few exceptions.

349
you said: "The dept of transport will not sign"

if you contact the right person, you will get a signed release form.

350
General Stock Discussion / Re: Property release pain
« on: December 27, 2016, 23:57 »
you said: "The Hollywood sign is protected and they file claims regularly. Nope it's not copyright it's trademarked."

The Hollywood Sign is owned by the State of California and is free to film and use by the general public.

the Hollywood Chamber of Commerce only has rights to manage the property around the sign, not the sign itself, and they only charge for access to the property near the sign, not for filming the sign itself.

it is not possible to trademark a sign or signage. trademarks protect source, such as brand names, not physical objects or structures.

The Hollywood Chamber of Commerce does not have a registered trademark for the Hollywood sign. You can search the uspto.gov and see that they made many application attempts to trademark the sign and they were all rejected.

I contacted the Hollywood Chamber of Commerce and asked them why they claim that photographers cannot sell photos of the sign, and they (Christine Sovich <[email protected]>) responded: "your statement that these registrations somehow preclude you from exploiting your rights as a photographer of the Sign couldn't be further from the truth.  I am not sure where you read this, but it simply is not the case." which means that photographers can sell photos of the sign and profit from it.

stock agencies are incorrect, it is perfectly legal to photograph the Hollywood Sign and resell it for profit.


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