Category Archives: photography

ruins – the past, the real, the monumental, the personal

Did I ever tell you about one of my favorite buildings in the world? It’s a public housing project named Kaigan-dori Danchi 海岸通り団地 (not to be confused with the type of projects one finds in the US, it was perfectly desirable housing in its time). This particular danchi (“community housing” or – generally public – housing project) was located smack in the middle of the richest section of Yokohama, between Kannai and Minato Mirai, perhaps one of the richest areas of the Tokyo region. Here it is in all its dirty, dirty glory, with Landmark Tower in the background.

Yes. This is Kaigan-dori Danchi, one of the grossest “ruins” (haikyo 廃墟) I had ever seen. Or, I thought it was a ruin. You know, an abandoned building. Because it looked too much like a shell to be anything else.

Then I got a message on Flickr.

In it, the messager wrote that he grew up in Kaigan-dori Danchi and now lives in New York City. He advised me that yes, it’s still inhabited, and thanked me for putting so many photos of it on Flickr. (Yes, I went for a photo shoot of this complex, more than once – hey, it was on my walk home from school!) He felt nostalgic at seeing his boyhood home and was interested to see what it looked like now.

In other words, what I’d felt vaguely strange about as some kind of ruins voyeurism – the same kind of ruins porn that takes hold of nearly everyone who wants to take photos of Detroit, for example – turned out to be a two-way street. It wasn’t pure voyeurism; it was a way to connect with someone who had a direct experience of the past of this place, a place that was still alive and had a memory and a history, rather than being some monstrosity out of time – as I’d been thinking of it. I saw it as a monument, not an artifact.

So this was in 2008, a half year after I’d become obsessed with Japanese urban exploration photography, which was enjoying a boom in the form of guidebooks, a glossy monthly magazine, calendars, DVDs, tours, photo books, and more, in Japan at the time. (Shortly thereafter, and I CALLED IT, came the public housing complex boom. I do have some of the photo books related to this boom too, because there’s nothing I love more than a good danchi.)

As part of the research for a presentation I gave on the topic for my Japanese class at IUC that year, I’d done some research into websites about ruins in Japan (all in Japanese of course). These were fascinating: some of them were just about the photography, but others were about reconnecting with the past, posting pictures of old schools and letting former classmates write on the guestbooks of the sites. There was a mixi (like myspace) group for the Shime Coal Mine (the only landmark of the first town I’d lived in in Japan). The photo books, on the other hand, profoundly decontextualized their objects and presented them as aesthetic monuments, much the way I’d first viewed Kaidan-dori Danchi.

So I wonder, with ruins porn a genre in the United States and Europe as well, do we have the same yearning for a concrete, real past that some of these sites and photographers exhibit, and not just vague nostalgia for the ruins of something that never existed? How much of ruins photography and guidebooks are about the site in context – the end point of a history – and how much is just about “hey I found this thing”? How much of this past is invented, never existed, purely fantasy, and how much of it is real, at least in the minds of those who remember it?

These are answers I don’t yet have, but I’ve just begun on this project. In the meantime, I’m happy to share Kaigan-dori Danchi with you.

instagram, photoshop, and publicity rights”

There has been a bit of a furor over Instagram’s new terms of service, in which I unwittingly took part – well, perhaps half unwittingly. I jumped on the bandwangon of outraged Instragram users and posted directions on how to delete your account and backup your photos on my Twitter, before getting the news (also via Twitter) that they’re backtracking on the offending language of being able to give your photos, profile information, geolocation information, and other metadata to advertisers (‘third parties’) for their use, without compensation, presumably in advertising (‘enhanced advertising’ if you will). I seriously considered deleting my account, despite my abject love of the service. As a semi-professional photographer, it’s been amazing for getting my photos online quickly, taking more shots than I would otherwise, and self-promotion. I’d be very sad to have to leave.

Yet some of the furor has been over people worrying that their kids’ photos would be used without their knowledge or compensation, even if they were private photos. I’d like to take this chance to remind people of publicity rights, the right to not have one’s likeness used to  promote products or otherwise, without their permission. This applies to everyone, not just celebrities. So the use of kids’ photos without permission is flat-out illegal and Instagram could be sued for doing so; given this, it’s extraordinarily unlikely that this would ever happen. People worried about kids’ or friends’ or family’s photos have nothing to worry about.

Still, there is some pushback on the part of media companies who want to use your photos as they see fit. (Note also that we all need to be reminded that we still hold our copyrights – what we’re granting is a non-exclusive license, not a copyright transfer, so people need to not be flipping out about this either. You still own your stuff.) Quoted from an article I came across:

Right of publicity laws protect people, both celebrities and everyday citizens, from having their names or photos used for commercial purposes. However, using a person’s name or photo for news reports is not a violation of these laws, according to the Digital Journalist’s Legal Guide , which was produced by the Reporters Committee for Freedom of the Press. 

In fact, Facebook defended its “sponsored stories” as “newsworthy” in the California lawsuit, saying that people’s brand preferences should be considered “news” to their Facebook friends.

The fact that Facebook is arguing that this is “news” is interesting and disturbing. I really hope they lose this lawsuit, because otherwise this would be a massive blow to publicity rights, and thus people’s control over their own likenesses. This is an important right in terms of privacy, one that predates the digital world, and is crucial to people’s sense of self-determination. I am going to be following this story closely, although it turns out that Facebook wants to settle a class-action lawsuit that would give only $10 to each offended individual. That is, in a word, wack.

But for the meantime, worry about services using non-likeness photos, because hopefully Facebook will lose and we will only be left with the serious issue of terms of service dictating non-exclusive licenses of copyrighted material.

What I’d really like to see is a lawsuit involving that, to see if terms of service are actually binding contracts, but I haven’t heard of any court cases of this nature so far. I’d like to hear from my readers who are more knowledgable than I am in this area, and who may have heard of court cases pending that might answer this question for me.

the internet is free for the taking

Right? Right?

As I sometimes find when I check out my Flickr statistics, I’ve got a picture with an abnormally high view count and that means only one thing: it’s been posted on another site with a link to mine.

Usually, I am totally thrilled. I love links back to me. I love for people to see my work and that anyone liked it enough to put it up on their own personal space. Good!

And 9 times out of 10, there is a nice caption with my name under it. For, this is the only thing I really ask of someone using one of my photos. I hold the copyright, but I use a Creative Commons license.* I am leaning toward changing everything to a more lenient one, but in any case, the real point of it is the “BY” clause.

You can use my photos without permission as long as you credit me (and I appreciate a link back to Flickr, which all of the people so far, good and bad, do – this is how I find their postings). I’m sure there are people out there who posted them with no link, but it seems that they generally want to not host the image themselves, and also want to post a small version with a link to the gigantic ones (and mine are non-watermarked full-size images). So I find them in my stats.

This is only the second case of someone borrowing an image, placing it on their site with absolutely no credit at all, and totally making me annoyed at 7:30 am in the morning when I see it happening.

The first time, it was an architecture blog and site, which will remain nameless because they rectified the problem after I commented on the photo (there was no other way to contact!) asking for credit or to take the image down. I never heard back, but lo and behold, after a few months someone must have saw the comment because now it has a very nice caption. I get a fair number of hits from this site so it makes me very happy.

Well, now some person on Tumblr has stuck one of my images in their blog, at least with a link back to the original, but with no caption at all. I hate that. But what makes it really bad is that I can see visibly how many people “liked” and shared the post. “Great, others are seeing my work!” Yes, there is this part of it. I’m not the kind of person who wants to hide my stuff unless I personally am showing it. Far from it!

But here’s the thing that really upsets me. The people sharing this post are sharing it as the work of that blogger – at the very best, as an object found by that blogger. They may be sharing it because they like the photo, but the implied attribution stops at the blog itself. I’m thinking big-picture about “authorship” here, as I am wont to do. I have stopped being the author at this point, without an explicit caption marking it as not the blogger’s work, and not as some anonymous, possibly public-domain thing that he or she happened to find. Something pointing out that the hard creative work was not, in fact, looking on the internet and finding something interesting and sharing it, but was rather my finding the scene, situating myself, taking the picture, editing in Aperture, and creating more metadata than you can shake a stick at. (As usual.)

And on top of it? As you can see from the two screenshots below the cut, these are not only being viewed quite a few times, but they’re being shared – ie., reposted as-is on other Tumblr blogs, also with zero attribution.

A reaction that I have gotten in the past to someone lifting my artwork (including selling it on a T-shirt without permission, even though they defended it with “but we’re not making a profit) is that I’m getting bent out of shape over nothing, or that I can’t expect my work not to be stolen and re-used as people see fit because I’ve put it online.

Here is my response to that: Of course I can’t. But that doesn’t make it right, just, or legal, and I don’t give up my rights the minute I upload something. I am well within my moral rights to address this as a problem and to take polite action to correct the situation. We need a lot of calming down these days: We don’t need laws like SOPA and Protect-IP (I am getting nightmares), and I don’t think the DMCA is an appropriate law either, but that doesn’t mean that taking others’ work and reposting it without attribution – or passing it off as your own, or selling it without permission – is okay.

I think we academics know a word that comes quite close to describing all of this: plagiarism. Mixed with copyright infringement. What a fun situation.

Conclusion: The internet is not free for your taking. But the majority of it is, especially from those of us who are rabidly pro-Creative Commons, if you just ask us.

 

* I toyed once with making all of my photos public domain, but while I’m still alive and while they’re still taken within the past 5 years, I don’t think I can emotionally deal with it yet.

Screen shot 2011 11 17 at 8 44 43 AM

Screen shot 2011 11 17 at 8 44 24 AM

Screen shot 2011 11 17 at 8 37 25 AM

literature in fashion

Now here’s something you don’t see every day – a photoshoot dedicated to literary-inspired fashion in Vogue.

‘Summer Reading Inspired by the Fall Collections’

Oh wait, of course, I have that the other way around. Some creative Vogue employee(s) actually dreamed up novels FOR these outfits.

Now that is impressive. Seriously!

Being that I’m in Nebraska for the summer, I did a cheer for Willa Cather and My Antonia. The first one at that!

photography and the real

originally published 2010.03.02 at http://mali-in-japan.livejournal.com/49238.html

Regarding this article (okay, David Pogue’s blog entry) in today’s New York Times: Photoshop and Photography: When Is It Real?

So, the basic issue here is – when does photography cross the line from “photography” to, well something else? Something “fake” or set up or constructed? In other words, to put it in the simpler words of the headline – when is it photography and when is it just Photoshop?
Continue reading photography and the real

read the fine print, part I: CJS photo contest

Today, I received a call for submissions for a photography contest run annually by my university’s Center for Japanese Studies. I’ve always put this to the side before, but since photography is one of my main activities in life, I looked into it today.

(Aside: this is going to be a two-parter in the interest of space. The other issue this brought up for me was that whole “photography and the real” that I posted about a few months ago. Coming soon.)

The two main questions I had were, of course, could I submit more than one photo, and more important, did acceptance of the photo in the contest come with a price?

Of course, what I’m talking about here are my intellectual property rights as an artist.

Continue reading read the fine print, part I: CJS photo contest

kinds of motions

Guess what? One of my photos (of a baseball game!) is on the first page of results when you do a Yahoo! image search for “kinds of motions.”

http://images.search.yahoo.com/search/images?ei=UTF-8&p=kinds+of+motions

Can I just say how much I love that my Flickr stats show me this kind of detailed information about how people find my photos and what they are looking at?

Also, I am dying to know more about the person who did this search but I guess that is the kind of detailed information I cannot have.