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The online tussle surrounding The Copyright Registry a few weeks ago grew out of a bit of hyperbole on both sides: C-Registry overused “orphan works” to stress the advantage of their service, and the blogosphere overreacted — as it sometimes does — by jumping to some unfair conclusions. The blogs that misconstrued the facts are as responsible as the company that proffered the facts. Most disappointing in this chaos was the email alert sent out by the APA. The fact that the ASMP endorsed C-Registry should have been a signal to the APA that they needed to do some additional fact checking before sending out their alert. This would have gone a long way to preventing the blog mob that rose to crucify C-Registry.

The orphan works bill that sits in Congress like an unstable nuclear device has the potential to radically shift the way photographers will have to manage their work that exists online. Understandably, the photo industry is jumpy about anyone or anything that mentions it, which has resulted in an overly suspicious atmosphere. When companies like C-Registry come along with an entrepreneurial solution to offer photographers a method of registering images, they need to be aware of this volatile atmosphere and word their references to orphan works carefully.

There were three other details that also served as flashpoints in this debate, and which deserve some clarification:

EULA (end user license agreement): C-Registry had an EULA that asked subscribers to their service to grant some of the rights of the work to C-Registry. This is very similar to the facebook fiasco that I wrote about a few months ago. Simply put, to display your work online, web services need your permission.

DOT US: Any American website that utilizes a domain suffix other than “.com,” “.net” or “.org” immediately falls under scrutiny because many nefarious internet companies have adopted these obscure suffixes for their endeavors. C-Registry was accused of trying to look like the government — “.gov” — by utilizing a “.us” domain suffix. My gut reaction was they were going to distinguish their services by country. It turns out I was correct.

Seeding a stock agency: Probably the most inflammatory detail that surfaced against C-Registry was the fact that the people who started C-Registry also own a stock photo service called StockPhotoFinder. Because of the first point above, assumptions were made that C-Registry was going to be a content supply service for StockPhotoFinder. That’s a broad and bold accusation, especially without verifiable evidence. C-registry would have been wise to anticipate that assumption and to indicate to the contrary on their website. But then again, obvious notions like that are often lost in the avalanche of details an entrepreneur has to contend with in getting a business started.

If you’d like a blow-by-blow point and counterpoint of this situation, you can read the blog posts and the emails from the APA and ASMP (PDN has a comprehensive and pretty fair rundown of the situation here). From my estimation, both sides had very valid arguments — as usual, it just depends on your perspective. If you’re a suspicious photographer, you could easily spin the rhetoric on the C-Registry site in a negative way. If you are not, then C-Registry could seem like an intriguing idea. I asked for an opinion from an independent individual who is a heavyweight in the business of online rights management and very close to the orphan works issue. His response? Many people assumed C-Registry was a scam when, in fact, it looked pretty legit from the outside. He did see some room for improvements, but he felt that the idea was sound.

So what’s the larger lesson here? The climate in our industry is tense at this point in our history. As such, we tend to assume the worst before collecting all the facts. Photographers are wise to keep a weather eye on the horizon. But let us not forget who we are. All of us know that due diligence and fact checking are cornerstones of our industry. If we as photographers weren’t under such a barrage of assaults from different fronts, the C-Registry issue probably wouldn’t have exploded as it did. Let’s give C-Registry the fair shake that any new business deserves before we start lighting the torches.

An image from Lou's time in Russia. ©Lou Lesko

During my career I have been accused of being cocky, self assured, and overly confident.  To which I respond; yes I am, I’m a photographer.

This is a question I get a lot from readers. Do I need to move to LA or New York or other big fashion market to have a successful fashion photography career?

In the past I have offered a diplomatic answer because I know the question is coming from a place of apprehension, and I hate to be one of those arrogant asses who throw out an answer that will potentially change someone’s life without being sensitive to their context. But the question came up again in reverse form this week via email: Do I need to stay in Los Angeles to start my career, because I’m really over this city. So it’s time to address the question definitively. The short answer is, yes.

If your goal is put out a shingle and make a nice living as a local fashion photographer, then there are alternatives to moving to a big market. But if you’re looking for myriad opportunities to turn your talent and training into a career, you must immerse yourself in an epicenter of the industry. I say this with conviction because, had I moved back home instead of staying in Los Angeles after I graduated from school, my career would be a shadow of what it became.

Big city big opportunities for you and thousands of your peers
Aside from the obvious factors of logistics, knowing no one, and not knowing the terrain, moving to a city where there is an advertising or fashion/celebrity market is intimidating because you’re not the only one trying to make it. In fact there are a lot of you trying to make it, and you’re all probably pretty good at making pictures. These are your comrades and your competition.

Despite what you’re probably thinking, jumping into a pool with so much good talent is one of the healthiest things you can do for your career. Not only will you be exposed to styles and methods that you’ve never imagined, you will lose sleep trying to sort out how to compete. And that is where the magic lies: in the Darwinian epiphanies where you conjure an idea that’s better than the next guy’s. That’s one kind of creative motivation that can only come from the pressure of friendly competition.

More entry-level job opportunities in your field
Big markets, especially L.A. and New York, have a lot of of entry-level job positions in your field. This is valuable for making a buck, staying abreast of the industry gossip, getting exposed to the names of the industry players, and generally understanding the vibe of the career you’ve chosen. These jobs also carry little expectation of a long-term commitment. As soon as anyone who works for me starts exhibiting flawless performance, I know they’re about to depart for the next level of their life. You should go into these jobs with the same attitude: expecting to leave as soon as you’ve learned all you can, or you’ve saved enough money, or you’ve built your portfolio enough to start showing — whatever the reason, have an exit strategy. But, like I say in my book, never forget where you come from either. If you move past the people you work with, never lord your success over them. Remember you would be nothing without them.

More opportunities to shoot for money
I am forever grateful for the vast headshot market in Los Angeles. During lean times when I was seriously questioning how I was going to pay my bills, I was saved by the actor community. Headshots are not the most glamorous of shooting jobs, but it is a market you can break into fairly quickly and cheaply. All you need is a nice location with good natural light and a camera. Do a good job with one actor and they will recommend you to their friends. Clients usually pay in cash on the day of the shoot and the gig is a short term commitment. Best of all, it doesn’t adversely affect your reputation like shooting an ad campaign for an Alpaca porn DVD. (I’m not admitting anything here.)

Masters and heroes live in the big markets
Large markets tend to attract the heavy weights of the industry. Not only will you probably get to meet one of your heroes, you will interact with all kinds of editors, art directors, and writers who are masters of what they do. You can’t beat this type of exposure. Not only for your career, but for your sensibility as well. I can write volumes of what it’s like on the other side of magazine and agency doors, but you’ll never really feel it until you experience it for yourself.

If you can, transition slowly
When I first moved to L.A. from San Francisco, I was visiting model agencies trying to expand my model testing career on the side while going to school. It certainly made it easier to get my ass kicked in the real world when I could always return to the safety of school. I highly recommend this path, it lessens the shock of the transition. If you are out of school or not going to attend school, the transition to a new city can be tough. But once you get through the first year of emotional tumult, you’ll be acclimated and focused. That’s when the fun begins. Be smart, always keep in mind why you moved, and keep your eyes open — golden opportunities rarely present themselves the way you expect them to.

I recently attended a presentation by a young photojournalist of her photo story on debutante society. Looking at her images, it was obvious she had established an extraordinary trust relationship with her subjects, resulting in a compelling body of work. About half way through the presentation, a few subtle, chiding remarks about the debutantes began to surface from the audience. Soon after, a quiet solidarity against the culture depicted in the pictures took hold, inevitably influencing the way the photos were viewed.

Now the audience was utilizing the presented images, a window to another world, to pass judgment en masse on the people in the photographs. The presenter became noticeably uncomfortable, undoubtedly because the trust relationship that she earned to get access to the debutante world suddenly seemed exploitative — antithetical to journalists sensibilities. Directly admonishing an audience always seems dangerous, like smoking a cigarette while filling the gas tank of your car. And it feels even riskier when you’re coming up through the ranks trying to build your career. Ultimately the photographer did bravely address the audience’s disdain in her comments — a difficult but admirable decision.

There is no more lonely place in the world than the stage. Audiences are amorphous, intimidating beings that are difficult to predict. When they adopt a mood that is contrary to the perspective you’re trying to present, it’s all too easy to fall into league with the prevailing opinion. DO NOT. Fight the good fight and defend your position. That’s more easily written than practiced, but having publicly hung myself to twist in the wind more than once, I don’t regret a single time that I opposed the people to whom I was speaking.

About six months ago I was asked by the Aperture Foundation to defend my not-so-popular position on piracy. Half the audience in the full auditorium was positively hostile towards me. I could feel myself shrinking in fear as the critical voices got more vociferous and the “yas” and “that’s rights” became more numerous. The only reason I was able to hold my ground during the hail storm of harshness is because I decided what my opinion was way before I took the stage.

It also helps to remember, audiences are incredibly reactive and short sighted. Think of how many movies you’ve seen that you initially thought were crap, only to realize you liked them after pondering them for a few days. A negative reaction from an audience is not a death knell for your career, it’s just a story to tell people after a few months have passed. Understanding who you are and what you believe before you go on stage is imperative. Because there is no worse time to sort out your philosophy than when you’re standing under the spotlight, facing an angry mob.