Reading Around on August 22nd through August 24th

A few interesting links collected August 22nd through August 24th:

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  • xkcd – A Webcomic – Tech Support Cheat Sheet – boy, is this the truth in flow-chart form or what.
  • 10 Photography Pet Peeves We’d Throw Down a Black Hole | Raw File | Wired.com – “Here are our top photography pet peeves that we would like to throw into the abyss.” Agree with most, though pretty rare that I’m annoyed by a photographer’s watermark. If it covered the entire photo maybe, otherwise, not much of an issue.
  • No More Mister Nice Blog No, Wait, I Know This One–the Answer to “Who Does Joe Klein Think is the Crazy Left?” Glenn Greenwald, for fifty points. – This is a real life story, so it doesn’t exactly have a point, or a moral, or even a conclusion except to say that the most striking thing of all about Klein’s attitude towards me and presumably to his other readers was his assumption that although he’s famous, and important, and people read his work that we read it as though it were a continually scrolling chyron at the bottom of a busy news screen and that we have no memory of what he has said, or done, or stood for. …He thought he could tell me that his argument with Glenn was something other than it was and that I couldn’t go back, for myself, and review the evidence. Klein’s Klein-line is that the parts of his past where he shilled for the Iraq war, where he covered for the excesses and abuses of the Bush Administration, where he played Hugh Hewitt’s favorite “I ustabee a liberal but these dudes are crazee” guest can be forgotten because today he wrote something supportive about Obama’s health care plan.
  • Joe_Lieberman_Escapes.jpg

New Doubts Raised Over Falling Soldier Photo

Photography is not the map of the territory1 – part the 23423th.

After nearly three-quarters of a century Robert Capa’s “Falling Soldier” picture from the Spanish Civil War remains one of the most famous images of combat ever. It is also one of the most debated, with a long string of critics claiming that the photo, of a soldier seemingly at the moment of death, was faked. Now, a new book by a Spanish researcher asserts that the picture could not have been made where, when or how Capa’s admirers and heirs have claimed.

Robert Capa -Falling Soldier.jpg
Robert Capa/Magnum Photos

Robert Capa’s “Falling Soldier,” from the Spanish Civil War has drawn both acclaim and questions over its veracity.

In “Shadows of Photography,” José Manuel Susperregui, a communications professor at the Universidad del País Vasco, concludes that Capa’s picture was taken not at Cerro Muriano, just north of Córdoba, but near another town, about 35 miles away. Since that location was far from the battle lines when Capa was there, Mr. Susperregui said, it means that “the ‘Falling Soldier’ photo is staged, as are all the others in the series taken on that front.”

Experts at the International Center of Photography in Manhattan, where Capa’s archive is stored, said they found some aspects of Mr. Susperregui’s investigation intriguing or even convincing. But they continue to believe that the image seen in “Falling Soldier” is genuine, and caution against jumping to conclusions. “Part of what is difficult about this is that people are saying, ‘Well if it’s not here, but there, then, good God, it’s fabricated,’ ” Willis E. Hartshorn, the center’s director, said in an interview. “That’s a leap that I think needs a lot more research and a lot more study.”

[Click to continue reading New Doubts Raised Over Capa’s ‘Falling Soldier’ – NYTimes.com]

I want Errol Morris to write a 40,000 word monograph examining the evidence for his New York Times blog, like he’s done on previous historical photographs2

Footnotes:
  1. a horrible butchery of the phrase: The Map is Not the Territory by philosopher Alfred Korzybski []
  2. link to a three part Morris blog discussing Roger Fenton’s photograph: Valley of the Shadow of Death in the Crimea []

Zazzle and Dale Chihuly suck

A while ago1, before Flickr became my website of choice to host photos, I made some t-shirts and posters at the online print shop, Zazzle, from photos I took. I made a few for myself, but afterwords, left the account there, active, in case somebody stumbled upon one of my designs and decided to buy it. Not likely actually, and exactly zero people have done so in the six years or so I had the account.2

Today I got an email from Zazzle, reading:

Thank you for your interest in Zazzle.com, and thank you for publishing products on Zazzle.

Unfortunately, it appears that your product, Garfield Conservatory, contains content that is not suitable for printing at Zazzle.com.

We will be removing this product from the Zazzle Marketplace shortly.

The details of the product being removed are listed below:

• Product Title: Garfield Conservatory

• Product Type: Print

• Product ID: 228639274743114826

• Result: Not Approved

• Policy Violations:

o Design contains an image or text that is copyrighted.

If you are interested in purchasing Official Licensed Merchandise from Zazzle please visit: www.zazzle.com/brands

I’m pretty sure the image was this photo of a Chihuly exhibition at Garfield Conservatory.3

Garfield Redjar susume.jpg

Notice that I had modded the image in Photoshop so that it resembled nothing so much as just a magic marker sketch4. So for all the Zazzle zealots knew, I drew the image by hand. Is copyright law really that much in favor of factory artists like Chihuly? He’s famous for churning out thousands of glass pieces in his sweatshop, touching none of them, having his interns do all the actual work, he just markets the pieces. So my manipulated photo violated this copyright, somehow. Seems like this would be protected under “fair use” doctrine, especially since it isn’t a straight photo.

Strange world we live in.

I have deleted the remaining four items that were still listed at Zazzle, and have requested my account be deleted as well.

Funny also, on the Chihuly wikipedia page:

In 2006, Chihuly filed a lawsuit against a pair of glassblowers, including Robert Kaindl, whom he accused of copying his work. Chihuly was unsuccessful: the glass blower federation argued that Chihuly’s designs feature basic shapes; therefore any novice would be able to create the spiral glass which is featured in many of Chihuly’s composition

Looking at the simple vase floating in a pond – how could you copyright something as mundane?

Footnotes:
  1. somewhere around 2003 []
  2. of course, I haven’t added any new items there in six years either – my initial experience was pretty shitty to tell the truth. The shirts were poor quality and the prints faded within a few wash cycles. I recall the entire “creation” process being incredibly awkward and cumbersome – the tools were poorly engineered and clunky. They might have improved since 2003, or maybe not []
  3. can’t tell for sure because the image had already been deleted and long ago that Google cache no longer had a copy []
  4. my Photoshop skills not that polished at this time. Ahem. []

Reading Around on August 14th

Some additional reading August 14th from 12:05 to 12:45:

William Blake:

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  • Think You Can Rip Someone’s Image From the Internet and Use it For Free? Think Again, You Just May End Up Sued and Lose | Thomas Hawk Digital Connection – “It was interesting to hear yesterday from photographer Christopher Boffoli who has done a lot of freelance work lately for the West Seattle Blog. Boffoli wrote me and told me about a situation where a Seattle based Realtor, Laura Miller with Catalyst Commercial Partners, used an unauthorized photo of his for a real estate listing (photo above) of hers and ended up having to pay him a $1,000 small claims court judgment over it.

    I’ll let Boffoli tell part of the story”

  • Change of Subject: Getting aboard a health plan — it’s time to throw a lifeline to 60 million Americans – “they’re fine with the idea of providing coverage to everyone. But only if it costs them nothing and leaves them with all the advantages, priorities and prerogatives they currently enjoy. In other words, the old “I’d haul you up, but you might swamp my rowboat” argument.

    Others tell me they view access to quality health care as something they’ve earned — either by working hard or being related to someone who works hard. And if others want it, let them earn it too — the old, “Go build your own rowboat, you slacker!” argument.

    Still others say that those without coverage can always fall back on the patchwork of public hospitals, charity and Medicaid — the old “You don’t need a rowboat. Driftwood will do” argument.

    Obviously, though, too many swimmers are drowning:”

  • Krugman- Republican Death Trip – NYTimes.com
  • – “President Obama is now facing the same kind of opposition that President Bill Clinton had to deal with: an enraged right that denies the legitimacy of his presidency, that eagerly seizes on every wild rumor manufactured by the right-wing media complex.”
  • Court extends Tribune Co. control of Chapter 11 case — chicagotribune.com – “A bankruptcy judge said Tribune Co. can keep control of its Chapter 11 case for three-and-a-half more months as it looks to sell off some assets, including the Chicago Cubs, in its bid to exit bankruptcy protection.

    Judge Kevin J. Carey of the U.S. Bankruptcy Court in Wilmington, Del., on Monday gave the publisher of the Chicago Tribune an extension to Nov. 30 to file its reorganization plan to emerge from bankruptcy and to repay creditors. He also set a March 15, 2010, deadline for the media giant to win creditor support for a plan.”

  • delicious blog » Sharing Made Easier: Email and Tweet Your Bookmarks – “If you use Twitter and want to send bookmarks to your Twitter feed, associate a Twitter account (only a single Twitter account can be associated at one time) by logging into Twitter under the Twitter panel. You have the option to send all your saved bookmarks to Twitter by selecting the “Tweet all bookmarks unless private” checkbox when you add the Twitter account. If you’ve selected this option, your Twitter account will appear by default in the Send field.”
  • Juan_Gris
  • Juan Gris

Metropolitan Correction Center Blues

a Harry Weese joint, 1975

View On Black

such a strange building, really. According to Chicago’s Famous Buildings 5th edition, “The splayed windows (five inches wide at their narrowest) are the maximum that federal standards will permit without bars.” There is apparently a rooftop exercise yard, though it isn’t visible from the street.

Yes We Cannabis

Remember that photo of Obama that looked like he was maybe smoking a joint? You know, this photo

of a jaunty, young Barack Obama? (Published as part of a Time Magazine photo essay after the 2008 election)

Well the National Organization for the Reform of Marijuana Laws has appropriated the photo, without permission of the photographer, and made an amusing poster.

The folks at the National Organization for the Reform of Marijuana Laws got there first. For their annual conference poster, they took an old photo of cool-dude college freshman Obama puffing away — on a regular cigarette, mind you — and tweaked it just ever so slightly to fit their message: “Yes We Cannabis.”

Think it might be a problem for the president (who opposes legalization)? It’s really a problem for the photographer. Lisa Jack, an Obama classmate at Occidental College, snapped the image in 1980, one in a series of photos that never saw the light of day until she debuted them in Time’s 2008 Person of the Year issue. She had no idea her photo had been appropriated by NORML until we told her Tuesday.

“They do not have my permission,” said Jack, a psychology professor in Minnesota. These photos “are absolutely not to be used in this way. … I really made a grand effort to do this properly, and I’m very irritated. If I’d wanted these to be used for political purposes, I’d have sold them to Hillary years ago.”

NORML Executive Director Allen St. Pierre cheerfully acknowledged the lift by artist Sonia Sanchez, who summoned the psychedelic aesthetic of ’60s rock posters. “With very little adulteration, she placed what appears to be a cannabis cigarette” in the president’s hand, St. Pierre said. But she made few other changes: Obama “almost made the photograph for us.”

Everyone who attends the September conference in San Francisco will get a poster; NORML is also selling them on the Web ($25 for an 18-by-24-inch with St. Pierre’s autograph, $15 without). Can they do that? St. Pierre admits they didn’t get permission, but “our lawyers thought it was adulterated enough to comply with the fair use laws.”

[Click to continue reading Reliable Source – Furor Over an Obama Puff Piece ]

So is this kind of parody of a public figure that US copyright law allows? It isn’t quite as clear cut at the famous Larry Flynt -Hustler Magazine lawsuit with Jerry Falwell, but seeing as President Obama is on record as being against cannabis legalization, perhaps it is.

Nancy Reagan - Just Say Yo

The Wall Street Journal Law blog wonders:

But is it “adulterated enough to comply with the fair use laws?” The standard, a copyright lawyer tells us, is whether there was a “transformative use.” And that doesn’t necessarily mean the image has to be transformed — an image can remain exactly the same and satisfy fair use if the picture is framed in a way that sends a message. In other words, its “use” is transformed. “For example, a Nancy Reagan picture on the poster would send a parodic message,” he says. “This one is a closer call.”

[Click to continue reading The Best Fair-Use Controversy Ever? – Law Blog – WSJ]

Via Disarranging Mine1

Fist Bumps

Footnotes:
  1. well, via Marie’s twitter feed, actually, but twitter is down at the moment []