Proposed copyright changes for Canada

Yesterday the Canadian government announced proposed changes to its Copyright Act.  While it contains many changes for music, video, performers, schools and libraries, it also has a some important changes that will affect photographers.

(Usual disclaimer: I’m not a lawyer so don’t believe anything after this).

Definition of Author

1) Bill C-32, the Copyright Modernization Act, proposes to repeal Section 10 of the existing Copyright Act. This will mean that the person who takes the picture will be the Author of that photo. This sounds obvious, right? But under current law, the party that owns the film or memory card used to take the picture is the Author.

“Author” is an important legal term because: (a) only the Author gets Moral Rights and (b) the default position is that the Author owns copyright, unless proven otherwise (more on this in section 2, below).

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Mind-boggling Google

Two weeks ago, after being questioned by German authorities, Google admitted to invading people’s privacy in at least 30 countries for the past three years.

While Google was busy photographing everyone’s homes for its “Street View” project, it was also recording fragments of people’s online activities that were being broadcast over accessible WiFi networks. Six hundred gigabytes of data were collected.

Initially, Google admitted only to scooping up WiFi network names and MAC addresses, but later said it also grabbed a lot more information.
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Trying Harder

Who determines your company’s place in the market: you, your competitors or your customers? Are you a top-ranked business because of your efforts or because of your competitors’ mistakes? Does this even matter if your market position is determined by your customers?

Remember the 1960s slogan for car rental company Avis: “We’re number 2. We try harder.”

That slogan, along with some clever ads, helped Avis gain marketshare but not at the expense of the market-leader, Hertz. Instead, Avis gained at the expense of its many other competitors whose marketing efforts were weak by comparison.

In a crowded market, consumers will think that being “number 2” isn’t that bad since it’s right next to the top company. Since consumers perceived Avis to be almost like Hertz, Avis got their business. The brand value of Hertz helped lift the brand of Avis and in doing so, helped distance Avis from its other competitors.

Avis didn’t compare itself to any of the other lesser car rental companies but only to the market-leader. In the end, Avis never became “number 1” but it did secure a bigger slice of the car rental business.

Lesson to be learned: compete with businesses which are where you want to be and not with those where you are, (within reason). Or, to use a sports analogy: punch above your weight.

This will force you to up your game, try harder and work smarter. Even if you fall short of your goals, you still end up ahead. (Of course, if this was easy, everyone would be doing it.)

 

Clean Up Your Act

Photographers, how often do you bathe? No, not wash yourself but how often do you clean your photo equipment?

I make it a point to clean my cameras, lenses, laptop, flashes, light stands and other gear after a dusty, sandy or otherwise dirty job.

My tools include compressed air, isopropyl alcohol, sometimes an ammonia-based cleaner, cotton or paper towels, lint-free wipes, a camel-hair brush, and even a toothbrush. This is also a good time to check that all the little screws in your equipment are tight.
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Simple is More Complex

Since 2005, Facebook has been modifying its privacy controls for its users. But each round of “improvements” created more problems, more confusion, and less privacy.

Yesterday, Facebook founder and CEO Mark Zuckerberg addressed these concerns in a Washington Post op-ed column.

Zuckerberg wrote, “There needs to be a simpler way to control your information. In the coming weeks, we will add privacy controls that are much simpler to use.” (The link is here but beware that the Washington Post makes it difficult to get free access). A Post reporter’s comments are here.
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Becoming a photographer

There’s an old story that’s been attributed to author Margaret Atwood although there’s no proof or source to this story:

While at a dinner party, Margaret Atwood is asked by the man seated next to her, “What do you do?”

Atwood replies, “I’m a writer.”

“Really?” says the man. “When I retire, I’m going to become a writer.”

Atwood then asks, “What do you do?”

“I’m a neurosurgeon.”

She replies, “How interesting. I always thought that when I retire, I’d take up brain surgery.”

You could easily replace “writer” with “photographer”. It’s funny how many people confuse “photographer” with “camera owner.”

 

Increasing Your Numbers

If your business is planning to hire a photographer to do some editorial or corporate photography, here’s a question for you: What do you expect that photographer to do?

The obvious answer might be that you want the photographer to do good pictures. Does the term “good” mean the pictures should look nice?

Perhaps a better answer is that the photographer should do effective pictures. The word “effective” means the photos should help accomplish your business goal.

What is your business goal?
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