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.
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
GEORGE OLSON: A VERY FUNNY MAN
I first met George Olson during a sniper attack in San Francisco in the late 70′s. A deranged gunman, reportedly with an M16, was firing from a high floor of an office building down onto the increasingly concerned rush hour population of citizens who happened to be on foot on the streets and sidewalks around the office building. George was clearly a professional news photographer, a photojournalist, with at least three cameras around his shoulders and a Domke bag and a serious yet studied expression betraying the slightest hint of weary jaundice… he’d seen it before… I was thrilled to see him as I imagined that I might be like him someday and be able to leave my miserable job washing cars at the Lincoln Mercury dealearship around the corner.
Since I only could afford the single wide angle lens I remember turning away from the rifle shots above to photograph the pinned down pedestrians pushed up against the wall where George was standing. His dry humor was evident from the start. He deadpanned that I might prefer to get my ass out of the street and have my back safely to the wall with my eyes looking up.
Humor is probably the hardest thing to photograph. And it’s often said luck favors the photographer who is prepared. But luck does not explain the many, many very funny images this man has accumulated. Here’s a few:
Humor is a personal thing so obviously this is my opinion, but it is just uncanny what he’s done. Sort of irritating actually because it’s just not explainable. I mean I walk the streets all the time, and if I get one image a year that is even mildly amusing I’m grateful. I think you’d have to spend almost all your time each and every day cruising for this kind of thing with an amazing antenna up for the set up– the sign that sets up the joke–and the action he’s captured. And then you’d have to be psychic because otherwise you could not possibly anticipate that someone or something was about to happen that would illustrate the opposite of what the sign intended, thus making the punchline. I mean I just don’t get it. It’s way beyond the decisive moment. I can’t even begin to explain it. And so I won’t, but I will recommend taking a look at these images here and more at George’s site: georgeolsonphotography.com
and from his recent show at the iWitness Gallery in Portland, Oregon, here: http://www.pnwcp.com/iwitnessgallery/galleries/George_Olson/George_Olson.html
Tagged George Olson, humor, moments, photography



