SANDY, MEET NIKON; NIKON, MEET SANDY
My wife and I awoke in our apartment the Monday morning after Hurricane Sandy hit to find we had no power and, worse, no plumbing and, even worse, no Internet. As for cell service, it was ridiculously spotty. We were 16 floors up, our apartment surrounded by water, with a production meeting scheduled with my clients from Nikon’s Tokyo ad agency K&L, who had arrived from Japan just before the storm. We were supposed to shoot a worldwide marketing and ad campaign for a top-secret new camera, the COOLPIX A. And Nikon was also planning to shoot a video of me working with this new camera, directed by the distinguished director Naoki Fukada. I hadn’t seen the camera, let alone learned how it worked or used it. Let’s just say I was very nervous.
Our clients—who were on the 16th floor of the Standard Hotel—also awoke to find they had no power, toilets that didn’t work, and no means to communicate. My studio building on West 26th Street, which houses my servers, computers, and gear, was flooded, along with the whole neighborhood. The basement and first floor remained underwater, with crews pumping water like mad into the street. I called 300 hotels to try to find a place to stay, with no luck. Finally, after a frantic few hours, I managed to secure a friend’s empty apartment uptown where my wife and I could evacuate. I got our stuff up there and myself back down to my studio to secure our servers and get ready for the production meeting.
We met in my freezing, dark studio to plan the shoot, which started on Wednesday and ran through Friday. Mr. Miyama, the veteran producer, and his associate Naoya Watanabe were already hard at work booking talent who’d been cast the Friday before. We had about 20 talent to locate in the middle of a disaster, all around the boroughs. Real people plus the model agencies had to be contacted and logistics arranged for talent and crew. Everyone on our crew and most of the talent were without power or transportation. How would the talent even get into Manhattan? The bridges and tunnels were closed, and subways and trains were all down. It was hard to see how we could manage all this. I was more than worried at this point.
The meeting started. I asked Gen Umei, my longtime friend and client from K&L, if he thought we should reschedule the shoot. “No! Absolutely not! We must proceed!” Then he smiled and we both laughed, because over the last 10 years we had shared some amazing but extremely difficult shoots for Nikon around the world. This would be no different.
The producers and agency folks were also talking about our predicament when suddenly everyone got quiet. Gen was opening a black bag and pulling out three prototypes of the new Nikon COOLPIX A. He instructed us to never say its name, as it was so top secret. We all signed nondisclosures and agreed to no Facebook or Twitter postings. We decided to call it our “friend” for the rest of the shoot. I would be the first in the world to use it, and I was beyond excited.
The COOLPIX A looks like a gorgeous, small black rangefinder, but actually is the world’s smallest compact DSLR with a DX CMOS sensor. When I held it, I was surprised to feel that it was made of metal, not plastic. And it came with a fixed 18mm 2.8 lens (equivalent to 28mm), which was a fine idea, the 28 being a classic lens for street shooting. I was in love. I’d been hoping Nikon would make something like this for years. My favorite thing to do is walk the streets and document what I see, and I’d always wanted a very lightweight, unobtrusive camera that could also deliver high-quality files. Well, here it was. I read the specs: 16.2 mp files, 4 frames per second, and full 1080 p HD video with stereo sound. And I could shoot manual. Clearly, this was designed to be more than an advanced amateur point-and-shoot; it would also meet the needs of pros. There was more to learn, but I wanted to go shoot with this thing, storm be damned.
We produced shoots with some very interesting talent and situations, and it was pretty wild getting around the city, to Brooklyn and back, with our driver sitting on a gas line for three hours every night. Mr. Miyama and his team managed to get almost all the talent to all the shoots, although almost all our locations were closed due to flooding. Most of our shoot was to take place on the High Line, for example, and months of meticulous location scouting and planning had been invested, but the High Line was closed down. We scrambled for replacement locations.
In between the produced shoots, they let me roam freely around the streets so I could grab real moments. Although they were paying me to test the camera and appear in a promotional video, I have never promoted something that did not truly work for me. The COOLPIX A was a dream to shoot with. Fast, quiet, small, and nonthreatening. Fun. And after I got the files downloaded, I confirmed they were beautiful. Outstanding results for such a small package, the lens bokeh was lovely, and it was superb at low noise in low light, as expected with anything Nikon.
By Friday, we had a great range of stuff from all around downtown, from West Chelsea to the Lower East Side to DUMBO. But we were all completely exhausted. (It also felt surreal not to be covering the disaster itself.) I had been driving pre-dawn every day from the Upper West Side—I still didn’t have power at my apartment—down to our shoot. I was really missing my home, clean clothes, and the other things we take for granted. But as I learned the extent of the damage that the horrific storm caused in the other boroughs, I realized how incredibly blessed I was compared to those who lost everything.
I said goodbye to Gen and my clients that night and started to drive uptown to my wife, Tereza. As I reached the corner of 26th Street and 10th Avenue, there was a surge of light all around as the power was switched on after five days of complete darkness in lower Manhattan. Tenth Avenue had been under water, but now lights were glowing all the way down the avenue. What an incredible sight. We got our shoot done despite Sandy, and I was going to go home after all.
MOSCOW PHOTOBIENNALE: “FEARLESS GENIUS” INAUGURAL EXHIBITION
Just back from Moscow Photobiennale- what an amazing experience! The Russians have a long tradition of scientific and engineering excellence and seemed to really appreciate my project on Steve Jobs and Silicon Valley in the Digital Revolution. My booth was mobbed the whole night and 600 people showed up to hear my lecture Saturday at Skolkovo, the new tech institute and business school modeled after Stanford and MIT. They want to build the next Silicon Valley in Moscow and it looks like they can do it. Education and history are so important in Russia, which are key themes in my work I hope to create dialog around here in the US. What Olga Sviblova has built with the Moscow House of Photography is so impressive, a stunning cultural landmark for photography. Also inspiring was the work of my fellow photographers. I was honored to exhibit alongside such great artists as Harry Gruyeart, Andrew Bush, Alec Soth, Alinka Echeverria, Stephen Shore, Ouyang XIngkai, hilarious madman Tim Davis, Sergey Shestokov, Jane Stravs and several others. Getting to know some of them and hear their stories was life affirming for me. The vodka, great food and the Metro – which is like an art museum itself worth the trip – were all a sweet bonus to the trip.
La Lettre Features “Fearless Genius” Project
For constant inspiration, education, and exposure to the unexpected please visit the vast photographic universe that is La Lettre de la Photographie. The range of material they present is incredible, eclectic and global. I know of no other source quite like this. We all get locked up sometimes in our own private hell of work. We know we should go out and see the shows. When we do, our world brightens a bit, we get ideas, we get energized. La Lettre is like that, but via the internet. Cé tout.
So I was honored to see my long-term project about Steve Jobs and the development of new technology in Silicon Valley during the digital revolution in the 80′s and 90′s featured on La Lettre. I must thank Jean-Jacques Naudet and Gilles Descamps for the lovely presentation. Gradually the project is progressing, with a lot of new scans, plus getting some interviews done for my film and book. But seeing it here makes it a bit more real after all this time working on it. Have a look if you get a moment:
http://lalettredelaphotographie.com/archives/by_date/2011-12-06/4844/doug-menuez-la-saga-de-silicon-valley
COPYRIGHT IS NOT DEAD… yet.
Robert Levine has written a surprisingly readable, fascinating deconstruction of the rapid breakdown of the music and entertainment industry business model that began in the late 90′s and continues. “Free Ride: How the Internet is Destroying the Culture Business and How the Culture Business can Fight Back” is a sign of life for copyright as thinking people are sorting out how to save it. He details how the rapid rise of piracy as the internet grew, along with downloading and file sharing of music and videos, killed a muilti-billion dollar industry and taught a generation that stealing was ok. He does not cover photography, but our world and methods of earning a living from the sweat of our labor, also was devastated by the fantastic and wonderful new digital technologies. Russell Brown of Adobe once said about Photoshop in the beginning that it would not kill photography, it would simply be a new tool. With a hammer you can build a house or tear it down, he said. And I agree. The tearing down phase of our happy world has gone on mostly unabated by young happy consumers of free everything. The bad karma Steve Job’s predicted for these youngster’s naive theft may be that there are no jobs waiting as they graduate with their photography degrees. It’s time to start rebuilding.
Understanding what happened is part of the process of rectifying the situation. I recommend this book highly to all photographers. I’m hoping he’ll add an addendum about photography in the next edition.
Tagged copyright, Free Ride, photography, Robert Levine
SLANDER, STUPIDITY & THE MINDLESS MOB ATTACKS ON JAY MAISEL
The following is my personal opinion. This post has been updated to reflect new information.
There’s always that terrifying moment when a large, seemingly peaceful gathering turns brutally ugly. In an instant, blood is drawn and you could easily be crushed by the swirling, pulsing chaos of what is now a mindless, violent mob. Sadly, we all know that inexplicable self-destructive stupidity is not limited to the streets, but can be witnessed quite often online. And it’s happening now, in an ignorant, misguided and ruthless attack on Jay Maisel.
The attacks were a reaction by the supporters of former Kickstarter board member and CTO Andy Baio after he posted his recent blog Kind of Screwed – Waxy.org giving his sad spin to the story of how he appropriated one of Jay’s most famous pictures, Miles Davis on the cover of the seminal album “Kind of Blue,” without permission for his own project called “Kind of Bloop,” got sued and settled for $32,000. Andy claimed it was Fair Use and fails to mention the fact that he was selling the album he created, and still is, through PayPal which is clearly a commercial use. Not exactly fair. And the image is clearly recognizable as Jay’s. This is the comparison as shown on Andy’s and other blogs:
Given that Andy describes in his post how confusing the murky mess of Fair Use with its contradictory precedents is, and how unfair this is to those who might get sued, it’s surprising he decided to risk getting sued and not ask permission. Even more surprising is that Andy did in fact call Jay’s studio to inquire about the image after he posted it in May of 2009. Jay’s studio manager at the time was unaware that Andy had already used the image and asked what he’d like to use it for and to send an email with details. Was it personal, commercial, did he want a fine art print for his wall or..? Andy responded that he was just interested in the picture. when asked again, he was vague. He said he just wanted to see it and would like to buy a print someday. He never called or emailed back. And then continued using the picture, fully aware that there might be usage rights to pay for a commercial use.
He also fails to mention that he used the project and Jay’s picture while generating tons of worldwide publicity for his project and Kickstarter, getting web sites worldwide, TV time and exposure on cable news, nightly news, print media and, all using Jay’s picture. The latter usage is important as Kickstarter gets 5% of all donations to projects on Kickstarter. To me it looks like a rather large grass roots ad campaign in support of a start-up company which as it grows stands to make millions of dollars for the founders, for Andy, either directly or a future exit. Then when you find out that Andy has a habit of using other artist’s work without permission––The Beatles, Bill Cosby–– and bragging about it on his blog you kind of start to smell a very clever, social media manipulating… you fill in the blank.
A key question Andy so far won’t answer is why he paid for the rights to use the music and not the photography for his project. This again to me looks like a calculation that it would be cheaper to defend against a photographer then the music label, since his past history indicates he has no respect in general for copyright. But it does look like a lack of respect for photographers in general, which is typical of all those needing our content. In the current economy photographers are really struggling so they look like easy prey.
Meanwhile, the flames from Andy’s blog were fanned by the mysterious Stone & Youngberg stockbroker Andrew Peterson, who posts his images online under the pseudonym of Thomas Hawk. He has a large following and posted an angry rant against Jay here: Thomas Hawk Digital Connection » Blog Archive » Photographer Jay Maisel Extorts (Opinion) $32,500 Out of Andy Baio The comments are almost all against Peterson/Hawk, but it did not stop anonymous haters from acting out. Oh and there is one very interesting attacker who publicly admits to hiring someone to vandalize Jay’s building on his very incendiary and completely uninformed blog here: Breaking: Millionaire Extorts $$$ From Artist, Street Artists Strike Back It is interesting that since they can’t really criticize Jay for protecting his copyright they try to attack him for being successful.
What’s really crazy about this last blogger’s headline is that, A. Andy himself admits he is not an artist as he hired an artist to do the pixelization work, and B. Andy is worth millions and millions due to the sale of his start up Upcoming.com to Yahoo in 2005. How does any of this make sense?
You can read an excellent synopsis of this story on Moscow-based photographer Jeremy Nicholl’s blog here: The Photographer, The Entrepreneur, The Stockbroker And Their Rent-A-Mob » The Russian Photos Blog
Facebook actually took Jay’s page down after it was deluged with vicious comments such as “hope you get colon cancer and die” and worse. Sickening and shameful. Makes you want to just move out to the wilderness and get off the grid.
Jay doesn’t need me to defend him, he’s led the master class for us all in how to fight for our rights. Nevertheless, it’s appalling to see such uneducated vitriol directed at one of my heroes. It is just crazy to me that someone would even think of infringing on Jay’s seminal image of one of the greatest jazz musicians of the 20th Century; a photograph that contributed to the iconography of Miles Davis and forever defined our visual memory of Davis’s masterpiece album Kind of Blue. Jay Maisel is one of our living treasures, a master photographer and pioneer. He has worked his ass off to get where he is today, and contributed more good will, more inspiration and joy through his trail-blazing photography, generous spirit and years of teaching, and beauty to our culture then can be measured over his stunning sixty-year career. Those who are casting aspersions and criticising Jay reveal a serious ignorance of the US Constitution, copyright law and the rights of artist’s to control their own work. Are you guys advocating rewriting the Constitution? Really?
I have nothing against photographers who use photography as a hobby and want to give their images away. They have income from their day jobs. But don’t try to take away my rights and how we make a living. Why would you want to tear down the professional community anyway? All of us share our expertise with up and coming and hobbyist photogs in workshops and give images to students, researchers, non profits and generally give back to the communty. It just makes no sense to me.
Because a lot of people grew up downloading, i.e., stealing, images and music part of the problem is we have a generation of who expect to get images for free and don’t really understand how copyright could in fact help them make a living. Another factor here is certainly the false class warfare angle.
Take a moment and imagine what it must be like to actually make a living from your photography. Or from any of the arts ––dance, painting, writing, music. I don’t mean posting pictures on Flickr and getting 50 bucks here and there when you are not out skateboarding, or playing in a band for another 30 bucks here and there, or whatever odd job you do to keep going when you are not borrowing money from your mom. Ouch sorry. I mean, imagine you spent years perfecting your craft and got so good at it through intense, hard work, year in and out, that you actually are able pay your bills and support your family. You actually buy food, clothing, and pay a mortgage through the value of your photographs. Imagine the responsiblity of providing for your family from your work, your photography, and competing with thousands upon thousands of other hungry photographers. Now imagine that every content user on the planet would really like to get your work for free if they could, to steal it and use it for commercial gain for as little money as possible. It is a constant battle to survive. It’s just hard to do, if not nearly impossible. You just can’t imagine how hard it really is unless you have done it. And once you’ve gone through the hell of making it, you will fight tooth and nail to protect what you’ve earned.
I’m sorry andy Baio felt he could act without the basic respectful act of reaching out to Jay without subterfuge. And from reading his blog, I get the feeling he’d be a great guy to have a beer with, smart and funny. He clearly knows what he is doing in social media and how to build value into a start-up. He professes a lot of noble ideals. Yet he pushes this agenda that maligns and abuses an artist of the first rank. He clearly values the intellectual property he himself has created and sold. Why be a hypocrite now? Disconnect.
These attacks on Jay Maisel by Andy Baio and his supporters are unfounded, and disgusting and reflect the ignorance in the truest sense of the uneducated, mindless mob mentality at play.
For such smart guys, this whole thing is kind of…stupid.
Tagged Andy Baio, art, Copyright law, Jay Maisel, photography, slander, Stone & Youngberg, Thomas Hawk



