Thursday, March 15, 2012
Monday, March 12, 2012
Essential Legal Workflow -- St. Robert Seminar
For those of you that missed the St. Robert presentation, click here for a link to a podcast of the seminar.
Or, you can subscribe to the podcast feed and get it into iTunes by clicking here.
You can find a link to the PowerPoint slides by clicking here.
Or, you can subscribe to the podcast feed and get it into iTunes by clicking here.
You can find a link to the PowerPoint slides by clicking here.
Should Photographers Delete Their Pintrest Accounts?
Last month, attorney and photographer Kirsten Kowalski deleted her Pinterest inspiration boards.
In her blog post, Kowalski described why she deleted her account. Basically, it's because the site's terms of use stipulate that those who pin photos to the site agree that they are the owners of the photos or have permission from the owners to post them. The terms go on to say, in all caps, "You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, application, services and site content remains with you." This puts the entire risk of copyright infringement on the end user. And believe me, these stipulations pose real issues for working photographers.
Pintrest requires any user pinning a photo certify they own it. But isn't this really contrary to the site's purpose since it's designed to allow images to be rapidly shared? Sure it is. They're counting on NO ONE READING THE TERMS!
As an attorney, I'm here to tell you that there's very little a Pintrest user can do to avoid infriging on the copyrights of others by pinning/sharing photos you find across the web. The only way to be sure you're not infringing is to only share your own photos. I mean to say that repinning images already on Pintrest counts as an infringement. Scary stuff!
Plus, the DCMA protections given by Congress to IP providers don't filter down to end users. According to Bruce Johnson, an attorney with Davis Wright Tremaine, "The website may have DMCA (Digital Millennium Copyright Act) protections for user-generated content. The users don't and could be exposing themselves to a significant legal risk."
Pintrest Insists on Perpetual Non-Exclusive License
Pro Photographers should run from Pintrest because its terms of service provide that pinning/posting your photos on Pintrest release your control over it. In fact, Pintrest gets to alter it and sell it if it chooses.
Specifically, the terms of service provided:
"By making available any Member Content through the Site, Application or Services, you hereby grant to Cold Brew Labs a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through or by means of the Site, Application or Services."
With these terms of service, why would any working photogrpher post on Pintrest? It would be just a silly as posting in iStock Photo and not receiving royalties when iStock licensed your downloads.
We'll be watching this one....
In her blog post, Kowalski described why she deleted her account. Basically, it's because the site's terms of use stipulate that those who pin photos to the site agree that they are the owners of the photos or have permission from the owners to post them. The terms go on to say, in all caps, "You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, application, services and site content remains with you." This puts the entire risk of copyright infringement on the end user. And believe me, these stipulations pose real issues for working photographers.
Pintrest requires any user pinning a photo certify they own it. But isn't this really contrary to the site's purpose since it's designed to allow images to be rapidly shared? Sure it is. They're counting on NO ONE READING THE TERMS!
As an attorney, I'm here to tell you that there's very little a Pintrest user can do to avoid infriging on the copyrights of others by pinning/sharing photos you find across the web. The only way to be sure you're not infringing is to only share your own photos. I mean to say that repinning images already on Pintrest counts as an infringement. Scary stuff!
Plus, the DCMA protections given by Congress to IP providers don't filter down to end users. According to Bruce Johnson, an attorney with Davis Wright Tremaine, "The website may have DMCA (Digital Millennium Copyright Act) protections for user-generated content. The users don't and could be exposing themselves to a significant legal risk."
Pintrest Insists on Perpetual Non-Exclusive License
Pro Photographers should run from Pintrest because its terms of service provide that pinning/posting your photos on Pintrest release your control over it. In fact, Pintrest gets to alter it and sell it if it chooses.
Specifically, the terms of service provided:
"By making available any Member Content through the Site, Application or Services, you hereby grant to Cold Brew Labs a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through or by means of the Site, Application or Services."
With these terms of service, why would any working photogrpher post on Pintrest? It would be just a silly as posting in iStock Photo and not receiving royalties when iStock licensed your downloads.
We'll be watching this one....
Sunday, December 4, 2011
This is My WPPI Video
Thanks to the help of Christine Bonnivier, Owen Cameron, Lauren Barela, Melissa Britt and Missy Hughes under the creative direction of my lovely wife Ann Heidemann, we pulled off a great short film shoot for the WPPI Speakers film contest for WPPI 2012. Here's a link. Hopefully you think it's a funny as I do. My wife tells me that if I think it's funny, it's really not. Hopefully she's wrong this time!
Sunday, September 11, 2011
Jeremy and Kristin -- September 10, 2011
Kristin and Jeremy were married Saturday in Monett and enjoyed the most fantastic weather of the year!! Got out to the Jack Henry campus for a little experience the day time and then back for Mass. Picture-Perfect All Around Day!! Wish every wedding was this much fun!!
Friday, July 29, 2011
1st Place Color at Ozark Empire Fair
Congratulations to my lovely wife Ann for her first place award at the Ozark Empire Fair in the color division. She made this picture responding to Joplin after the tornado with her insurance company, ANPAC. She shot this picture of an unknown man as he surveyed the damage to his Chinese restaurant. His head seems to rise above all of the wreckage and his face looks sad but determined. I love this shot! Good job Ann. Super proud of you! She also won third place color with another image she made on the same day while she was in Joplin. She really captured the mood of what was happening at the time. I was in Joplin last week, and despite the devastation and loss, the people I talked to are really positive and determined to rebuild. There's so much work that will have to be done over the next years, it's hard to imagine.
Friday, June 17, 2011
WPPI U - Atlanta, Georgia
What you didn’t learn in college, you’ll learn at WPPI U. Rangefinder will be hosting a 2 1/2 day workshop with a full slate of classes for emerging photographers. Classes will cover all of the essentials you need to know for your new business from top professionals in the industry. I'll be speaking along with Doug Gordon, Jasmine Star, fellow Missourian Sal Cincotta and others. Attendees will receive a course completion certificate from WPPI and a “WPPI U” t-shirt. Hope to see you there. Registration is now open.
Sunday, April 24, 2011
Monday, April 18, 2011
Monday, April 11, 2011
Children's Baptisms March, 2011
I was privileged to photograph the children's baptisms at Second Baptist Church on March 13 of this year. Such a lovely testimony to the decisions of these precious kids. What made it even more special was the opportunity to photography my daughter Abby as she was baptized on the day of her own birthday! Two birthdays in one this year! Hope you love the HD video...
Tuesday, March 8, 2011
10 Hardest Questions for Your Wedding Photographer
Sure, today’s affordable digital cameras can make anyone seem like a good photographer. But there’s a lot more to getting the wedding photos you want and deserve than just pointing and shooting. After this most important and special of days, it will be your wedding albums and pictures that you turn to time and again to remember and cherish those once-in-a-lifetime moments. Choose your photographer as carefully as you’ve planned every other detail of your wedding, and you’ll still be enjoying those images years from now.
To help, we’ve put together a list of ten critical aspects of wedding photography you should know and understand, along with some of the most important questions you should ask prospective photographers to help you make your final decision.
#10 Samples: Do you have samples of your work I can see? Do you have a completed product exactly like we will receive that shows us one wedding from start to finish? Is this sample from the actual photographer who will be at my wedding or someone else on your staff?
#9 Image Preservation: What steps do you take to protect my wedding photographs and how long do you archive them? Can I come back in 5 or 10 years and get more photographs or replace my album if something happens to it?
#8 Equipment: Do you use professional-quality cameras capable of capturing great images in all lighting conditions, or do you use consumer-level cameras? Do you have backup equipment if something happens to your camera or lights? Can I have black-and-white photographs or can you add special effects if I want to? Do you bring additional lighting equipment if it is needed?
#7 Collaboration: Will I be working with you or someone else on your staff? Do you work with an assistant? What is the process for reviewing, selecting and editing the final images for the album, enlargements and print sets?
#6 Deliverables: In what format do you deliver the proofs? What is included in the price? What additional options or products are available and how much extra for those items?
#5 Time: What is the maximum amount of time I will wait to see proofs? Once I’ve selected my pictures, how long will it take for final delivery of all printed products?
#4 Quality: Do you print the photos yourself or do you use a professional lab or a consumer hobbyist photofinisher like one of the big box stores? Are the images guaranteed against fading for my lifetime or beyond?
#3 Style: What is your artistic style? Do you shoot traditional poses, or have a more photojournalistic approach, or is it mixed? Do you like to shoot in the studio or at different locations, as well as on the wedding day? Can I see examples of an entire wedding day shoot to see how you might tell a wedding day “story”?
#2 Experience: How long have you been photographing weddings? How long have you been in business? Can you provide references? Can I view some of your albums? How do you manage distracted or uncooperative subjects or guests?
And perhaps the most important thing you need to discuss with your photographer …
# 1 Assurances: How do you ensure my satisfaction? What are your backup plans in the event you’re late or called away by an emergency? What happens if there’s an equipment failure, or some other unforeseen issue? Do you carry liability insurance? Can I get all of the points we’ve covered in a written contractual agreement?
Do not take “no” for an answer to that last question! A written contract signed by all parties protects you and the photographer, and does more to ensure your wedding photo bliss than any other action or decision you can make.
To help, we’ve put together a list of ten critical aspects of wedding photography you should know and understand, along with some of the most important questions you should ask prospective photographers to help you make your final decision.
#10 Samples: Do you have samples of your work I can see? Do you have a completed product exactly like we will receive that shows us one wedding from start to finish? Is this sample from the actual photographer who will be at my wedding or someone else on your staff?
#9 Image Preservation: What steps do you take to protect my wedding photographs and how long do you archive them? Can I come back in 5 or 10 years and get more photographs or replace my album if something happens to it?
#8 Equipment: Do you use professional-quality cameras capable of capturing great images in all lighting conditions, or do you use consumer-level cameras? Do you have backup equipment if something happens to your camera or lights? Can I have black-and-white photographs or can you add special effects if I want to? Do you bring additional lighting equipment if it is needed?
#7 Collaboration: Will I be working with you or someone else on your staff? Do you work with an assistant? What is the process for reviewing, selecting and editing the final images for the album, enlargements and print sets?
#6 Deliverables: In what format do you deliver the proofs? What is included in the price? What additional options or products are available and how much extra for those items?
#5 Time: What is the maximum amount of time I will wait to see proofs? Once I’ve selected my pictures, how long will it take for final delivery of all printed products?
#4 Quality: Do you print the photos yourself or do you use a professional lab or a consumer hobbyist photofinisher like one of the big box stores? Are the images guaranteed against fading for my lifetime or beyond?
#3 Style: What is your artistic style? Do you shoot traditional poses, or have a more photojournalistic approach, or is it mixed? Do you like to shoot in the studio or at different locations, as well as on the wedding day? Can I see examples of an entire wedding day shoot to see how you might tell a wedding day “story”?
#2 Experience: How long have you been photographing weddings? How long have you been in business? Can you provide references? Can I view some of your albums? How do you manage distracted or uncooperative subjects or guests?
And perhaps the most important thing you need to discuss with your photographer …
# 1 Assurances: How do you ensure my satisfaction? What are your backup plans in the event you’re late or called away by an emergency? What happens if there’s an equipment failure, or some other unforeseen issue? Do you carry liability insurance? Can I get all of the points we’ve covered in a written contractual agreement?
Do not take “no” for an answer to that last question! A written contract signed by all parties protects you and the photographer, and does more to ensure your wedding photo bliss than any other action or decision you can make.
Wednesday, February 9, 2011
Capture your dream with professional wedding photography
A professional wedding photographer may be the most important investment you make, since your wedding pictures are the only lasting keepsake of your dream day.
While you don’t need a professional photographer for everything, your wedding is a once-in-a-lifetime event. And your wedding photography will only grow in value and importance as the years go by. Shouldn’t you entrust it to a highly trained professional photographer, someone who will do you justice on your big day?
After all, when the cake is long gone and the dress is packed away, your wedding photography will be the one lasting symbol of your perfect moment…and you’ll be so glad you invested in professional wedding photography.
Saturday, January 15, 2011
Metropolitan Bride Wedding Show
Don't forget about the Met Bride show at the expo center tomorrow from 11 to 4. Over 150 vendors will be out in force to help make your wedding day spectactular! For those of you that want to save $150 off any of our four fabulous photography packages, book your photography before or at the show and SAVE!
Wednesday, August 11, 2010
Best of Craigslist
I found this ad on Craigslist. It’s hilarious, it was obviously written by a professional photographer to try to get the point across about the value of having an experienced, professional photographer as your wedding photographer. Too many brides seem willing to trust their once in a lifetime memories to a "GWC" or "guy with camera". Producing images that make your jaw drop takes time, experienced, equipment and dedication. Read on...Maybe this photographer is for you...
Hi there! My name is Lindsay and I’ve just got a brand new camera for Christmas but haven’t even taken it out of the box. I really want to get into the wedding photography business because I see so many people in Springfield are getting married and it looks like easy money. I can’t guarantee that even one photo will turn out looking good but I sure will try. Some pictures will be used for my portfolio and my future website. I start booking appointments this week! I am now booking for Spring and Summer of 2011.
I specialize in all types of Lifestyle photography including:
Weddings – You’ll have to pay $15 for gas money outside of Salt Lake City
Bridals
Engagements
Families
Children
Portraiture
Fashion
My style is classy, elegant and artistic. I would be honored to be part of your special occasion or photography needs considering I have no professional experience. I would love to capture those beautiful moments for you and your family.
I have so much passion for being a pro wedding photographer! All my friends and family tell me I take great pictures at all our outings and picnics. I’m putting together a web site of all the flower pictures and sunsets I’ve taken so you can see how good I am. I even have a few pics of my pet dog which turned out really great!
But I don’t have a business license, liability insurance, flashes, extra batteries, or even more than a kit lens that came in the box. If something goes wrong, you’re out of luck. To keep things cheap for you, I won’t even back up any of your images. Less cost for me means less cost for you. Just passing the savings on. I expect to be paid in cash or personal check because I don’t plan on claiming this income on my taxes.
I know many fun and beautiful locations. I really care about making brides look beautiful! I add glow and selective color to all of my images, giving them the best look possible. No need to hassle with computer programs.
Bridals and Engagements are only $100. Please trust me to do your wedding. I’ll do it cheap just to build up my portfolio. I will only charge you $250 for your entire wedding day. This is a deal. My camera cost me $700 brand new. All sessions include a Hi Resolution CD with FULL copy right release included, which means you get to print your pictures at Wal-Mart! Here’s the BEST Part! I offer 100% guarantee on ALL my sessions! Don’t pay a cent until you are 100% happy with your pictures!
I own a camera therefore I can take photos like the pros, who charge a lot more. Most brides in Utah spend $2,500 on professional wedding photography. Since I have no experience I’ll only be charging $250 (90% off regular wedding photography prices) to shoot full day wedding coverage.
Think about it: Pros charge a lot of money because they have a lot of expenses. I don’t.
Pros have:
-a business license
- multiple cameras
-thousands of dollars in lenses and flashes
-hard drives to back up the images
-insurance
-experience
-people skills
-color calibrated monitors
-professional print labs
-professional albums
I have none of this stuff so we’ll keep it cheap, just for you!
Hi there! My name is Lindsay and I’ve just got a brand new camera for Christmas but haven’t even taken it out of the box. I really want to get into the wedding photography business because I see so many people in Springfield are getting married and it looks like easy money. I can’t guarantee that even one photo will turn out looking good but I sure will try. Some pictures will be used for my portfolio and my future website. I start booking appointments this week! I am now booking for Spring and Summer of 2011.
I specialize in all types of Lifestyle photography including:
Weddings – You’ll have to pay $15 for gas money outside of Salt Lake City
Bridals
Engagements
Families
Children
Portraiture
Fashion
My style is classy, elegant and artistic. I would be honored to be part of your special occasion or photography needs considering I have no professional experience. I would love to capture those beautiful moments for you and your family.
I have so much passion for being a pro wedding photographer! All my friends and family tell me I take great pictures at all our outings and picnics. I’m putting together a web site of all the flower pictures and sunsets I’ve taken so you can see how good I am. I even have a few pics of my pet dog which turned out really great!
But I don’t have a business license, liability insurance, flashes, extra batteries, or even more than a kit lens that came in the box. If something goes wrong, you’re out of luck. To keep things cheap for you, I won’t even back up any of your images. Less cost for me means less cost for you. Just passing the savings on. I expect to be paid in cash or personal check because I don’t plan on claiming this income on my taxes.
I know many fun and beautiful locations. I really care about making brides look beautiful! I add glow and selective color to all of my images, giving them the best look possible. No need to hassle with computer programs.
Bridals and Engagements are only $100. Please trust me to do your wedding. I’ll do it cheap just to build up my portfolio. I will only charge you $250 for your entire wedding day. This is a deal. My camera cost me $700 brand new. All sessions include a Hi Resolution CD with FULL copy right release included, which means you get to print your pictures at Wal-Mart! Here’s the BEST Part! I offer 100% guarantee on ALL my sessions! Don’t pay a cent until you are 100% happy with your pictures!
I own a camera therefore I can take photos like the pros, who charge a lot more. Most brides in Utah spend $2,500 on professional wedding photography. Since I have no experience I’ll only be charging $250 (90% off regular wedding photography prices) to shoot full day wedding coverage.
Think about it: Pros charge a lot of money because they have a lot of expenses. I don’t.
Pros have:
-a business license
- multiple cameras
-thousands of dollars in lenses and flashes
-hard drives to back up the images
-insurance
-experience
-people skills
-color calibrated monitors
-professional print labs
-professional albums
I have none of this stuff so we’ll keep it cheap, just for you!
Saturday, July 24, 2010
Planning Your Wedding at Work?
Hey brides - Did you plan your wedding at work? Post your comments and funny stories below!
90 percent of soon-to-be brides plan wedding at work
Planning a wedding is so time consuming that nearly nine out of 10 women surveyed confessed to using company time to plan the big day. The survey also revealed most women believe they did more wedding planning than their partner.
http://today.msnbc.msn.com/id/38385192/ns/today-weddings
90 percent of soon-to-be brides plan wedding at work
Planning a wedding is so time consuming that nearly nine out of 10 women surveyed confessed to using company time to plan the big day. The survey also revealed most women believe they did more wedding planning than their partner.
http://today.msnbc.msn.com/id/38385192/ns/today-weddings
Monday, July 19, 2010
Weddings Costs Up but Our Prices Steady
According to a recent survey by WeTV, in the first half of 2010 the average cost of a wedding increased 21.9% from $19,581 (2009) to $23,867. Click here for the report. 45 product and services saw gains in spending while 26 saw declines. Planner/Consultant A La Carte Services (up 84.2% at $1,171), Gift/s for the Bride (up 53.1% at $253), and Planner/Consultant For Getting Started (up 50.4% at $920) saw the biggest gain in spending. Other Jewelry (down 61.7% at $304), Reception Accessories (down 55.3% at $200), and Ceremony Accessories (down 49.7% at $207) saw the biggest decline in spending. The biggest difference was the increase in demand for products and services. 53 products and services saw gains in demand, 4 saw no change, while 13 saw declines. Other Travel/Transportation (up 178.6%), Musician/s, Soloist, or Ensemble (up 66.7%), and Other Jewelry (up 65.2%) saw the biggest gain in demand. Facial (down 15.2%), Manicure & Pedicure (down 8.4%), and Teeth Whitening (down 8.1%) saw the biggest decline in demand.
The good news is that Apple Studios has not increased prices during 2010. According to owner Craig Heidemann, "Just because there's inflation in the industry doesn't mean that our client's have more money to spend." To schedule a consultation or to receive an email copy of our 2010 packages, call the studio at 833-7751.
The good news is that Apple Studios has not increased prices during 2010. According to owner Craig Heidemann, "Just because there's inflation in the industry doesn't mean that our client's have more money to spend." To schedule a consultation or to receive an email copy of our 2010 packages, call the studio at 833-7751.
Friday, July 16, 2010
Julia Diller Senior Session
Julia came down from St. Charles for her Senior Session Sunday. We had a blast in the studio and at Jordan Valley Park. Now I can say I've had the pleasure of the senior pictures for both of the gorgeous Diller girls! Take a look at her video. Hope you enjoy.
Sunday, April 4, 2010
Wilcots/Williams Destination Wedding - Cozumel, Mexico
Here was a fun gig, shooting this wedding and spending the week with this great couple Skey and Vanessa and their fun wedding party of ten. We were all limo driven from Dallas to Galveston and got acquainted on the way down. From there we cruised to beautiful sunny Progresso and shot some on the beach. Then we journeyed back on ship and sailed to Cozumel, Mexico to shoot their beachfront wedding at the beautiful Aura Cozumel Resort. I flew Missouri photographer Colton Salmons to Texas to assist and did a fantastic job shooting and assisting - thanks Colton!
The whole gang was a blast, full of great energy as we bounced around the beach in Galveston for a day. We ate and had drinks and went back on the boat for some fun at sea. We played mini golf on the boat, hot-tubbed and kicked around a lot on the ship. We all sat together for dinner every night as Colton and I got to know the group well and had great food and drink every night. The couple were so well dressed many strangers approached us and thought we were shooting celebrities - we ate that up.
Check out the highlight in this video slideshow:
Congratulations Skey and Vanessa, we wish the best to the both of you!
The whole gang was a blast, full of great energy as we bounced around the beach in Galveston for a day. We ate and had drinks and went back on the boat for some fun at sea. We played mini golf on the boat, hot-tubbed and kicked around a lot on the ship. We all sat together for dinner every night as Colton and I got to know the group well and had great food and drink every night. The couple were so well dressed many strangers approached us and thought we were shooting celebrities - we ate that up.
Check out the highlight in this video slideshow:
Congratulations Skey and Vanessa, we wish the best to the both of you!
Friday, February 5, 2010
Radio Interview About Upcoming WPPI "Law School for Photographers" Platform Class
Check out my radio interview by Scott Sheppard from January 8th about my "Law School for Photographers" platform class in Las Vegas on March 9th from 3:30 to 5:00. Click here! We're going to have a fabulous time. Thanks to Millers for sponsoring me. We're going to have a high energy class with amazing give aways from my friends at Kubota Actions, Tafota websites, Triple Scoop Music, Totally Rad Actions and Animoto. I look forward to seeing my photographer friends, old and new there! The 30th anniversary WPPI convention is going to be the best yet. I'm looking forward to it. Don't forget we'll have products available containing all of the most up to date, relevant legal forms for wedding and portrait photographers available for purchase before and after the class.Craig.
Tuesday, February 2, 2010
Apple Studios Receives Bride's Choice Award
WeddingWire, the nation’s leading wedding technology company, just announced Apple Studios Photography has been selected to receive the WeddingWire 2010 Bride’s Choice Awards™ for Wedding Photography!
The annual Bride’s Choice Awards recognizes and celebrates excellence in quality and service within the wedding industry, as determined by recent reviews and extensive surveys from over 500,000 newlyweds.
Apple Studios Photography is among the top five percent of all vendors in the wedding wire community, which includes over 100,000 wedding professionals across the US and Canada. Awards were given to winners across 19 different service categories, from wedding venues to wedding photographers.
“We are excited to recognize and honor the success of the top wedding professionals within the wedding wire Community” said Timothy Chi, WeddingWire’s Chief Executive Officer. “The annual Bride’s Choice Awards program has given us the unique opportunity to highlight the best wedding professionals in each region as reviewed by brides and grooms who have utilized their services in the past year.”
We are happy to announce that Craig Heidemann and Steven Landis of Apple Studios are of the very best Wedding Photographers within the WeddingWire Network, which includes WeddingWire and Martha Stewart Weddings. We would like to thank our past newlyweds for nominating us for the 2010 Bride’s Choice Awards.
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