Hublot/Yahoo/third party: not what any of us expected…

Here is the original situation and the resolution.

I just had a conversation with Mr. Gimbel to a) clarify exactly what happened; b) figure out how we can better protect creatives’ rights, and c) offer any assistance with b). I do intend to let this issue rest but had to clarify exactly what happened for avoidance of any speculation that might be damaging to any party involved.

Pay attention again to the fourth paragraph: “We intend to speak to Hublot SA regarding its practices, especially as it relates to its vendor, with the aim to prevent any further false notices.”
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It turns out that there was no fraud at all; truth can be stranger than fiction.

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Resolution: Hublot/ Yahoo/ Flickr rights, implications for photographers

Here is the original situation. And here is the final development. Please note that comments in the original article are now closed.

Credit to Hublot for taking action quickly, and local agents The Hour Glass (and my contact point) for lending their full assistance to resolve things. They posted this last night on my pages and theirs:

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This morning, I think we have a resolution:

  1. Hublot confirming that they did not take any action or institute copyright claims against me. This was confirmed in writing by the CEO and communications departments
  2. Yahoo’s counsel saying that my images have been reinstated, issuing an apology, and intent to follow up with Hublot.
  3. The images are back online, and the original post on Fratellowatches now works again.

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(RESOLVED, 28/10) Yahoo: seek proof! Hublot: you cannot claim rights for images that are not yours

28/10: Further updates – resolution, and what actually happened behind the scenes

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Today was not a good morning. I woke up to the above email from Yahoo/Flickr stating that Hublot SA – a watch company – was claiming the rights to MY images – which were shot by me at an event for coverage for an online watch site in 2012. There was no contract with Hublot or its representatives, nor any embargoes.

Three things are wrong here:
1. Ethically, claiming rights for images that are not yours. That is outright theft.
2. Hoping that the photographer does not contest it because he does not have as deep pockets for lawyers as you do.
3. That Yahoo places the onus of proof on the copyright owner, not the claimant. I commend their speed of action (good for legitimate cases), but acting with only half of the information makes you just as guilty.

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Photoessay: Shells of glass

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The world is acquiring a sort of homogeneity. I see it when I travel, I see it in the city changing around me. But curiously the little things that used to give a place character – the things that sat silently in the background, like a style of roofing or a type of tile or even brickwork – are slowly giving way to these soulless edifices of concrete and glass. They are the pinnacle of big corporate anonymity: nobody knows what goes on inside, nobody knows who the real owners or the real powers that be are, and the organisation has no personable name or face. Much like the buildings they inhabit: they take on a chameleon-like character and merely reflect the world around them but offer no soul of their own. What goes on within is kept secret behind a mirror. Layers are hidden inside other layers with yet more layers within. Welcome to the fragile brave new world; it’s like walking on shells of glass. MT

This series was shot with various assorted hardware in several cities – from a Canon 5DSR to a D810 and Zeiss Otuses to an iPhone, but all processed with Photoshop Workflow II. [Read more…]

On assignment photoessay: Construction, part II

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I’m presenting the second part of the Construction photoessay today – here, the individuals slowly recede into the context of the greater project and become important contributing parts of the whole. The ‘context’ is so large it often overwhelms everything else – I personally find the coordination part of the work amazing because once you’re on site, it’s very easy to get lost in the details. Large prints would of course work best to show the scale of many of these developments, but there are still limitations to the internet 🙂 [Read more…]

On assignment photoessay: Construction, part I

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This series of images comes from my body of work from the last year-plus for client Chun Wo in Hong Kong; they are the largest local construction company and are mainly involved in large infrastructure projects, including the airport and Central-Wanchai bypass that spans most of the prime waterfront. As many of you will have seen from previous photoessays and posts, my brief with them is an ongoing on that covers several aspects: 1) documenting work in progress in the greater context of Hong Kong, as a historical record; 2) documenting and celebrating the workers who make it all possible; 3) recording the finished projects. Earlier in the year, we held a successful charity exhibition at the Hong Kong Arts Center which showcased a limited selection of the work – something like ~100 out of about 1,500 images delivered. I’ve been asked many times if we could share some of those images online for those who weren’t able to make it in person, so here we are. [Read more…]

Photoessay: Monochromes from Luzern

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Escaping boxes

Today I present a small selection of black and white images from a lazy afternoon in Luzern, Switzerland – there was definitely a feeling of summer malaise amongst both visitors and tourists, and even the hardware felt like it was taking a day off. All in all, not a bad way to decompress after an assignment. I went out with a very lightweight kit (especially after said previous assignment) of just the 5DSR, 40 STM and Leica Q; landed up reading a book by the lake in the company of a rather good Hoyo Des Dieux and actually relaxing a bit for a change. Despite that, if you’re a photographer in a foreign city, there’s simply no way you’re not going to take photographs of any sort even if you need a breather from taking photographs – such is the nature of obsession I guess. Enjoy! MT This series was shot with a Canon 5DSR, 40 STM, Leica Q 116 and processed with the Monochrome Masterclass ‘balanced’ workflow. [Read more…]

Tilt shift 101

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No, they’re not broken. But your wallet will be after buying a set.

One of the most frequent things I get asked about is the use of tilt shift lenses; it isn’t surprising given the apparent complexity of the hardware and lack of any clearly understandable documentation or literature. There are plenty of good technical explanations of movements, but often they leave the reader more confused than when they started especially if you do not have a background in optics! This article will therefore aim to address the whole question of camera movements in as straightforward a manner as possible – necessitating some simplifications. Read on if you’ve ever been bothered by insufficient (or too much) depth of field, or geometric conversion of verticals with a wide angle…

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On not being a photographer

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Red drapes. This post is quite deliberately illustrated with images from times when a) I wasn’t actively shooting or looking for images, and b) have been rather thankful to have a camera of any sort on me.

I struggled a little with the title for this essay. In essence, how many times have you found yourself without the primary aim of photography, but still shooting anyway – or worse, wishing you could be? The kinds of situations I’m talking about are when your primary purpose isn’t photography. You’ve gone out to run some errands, or fulfil family obligations, or rush to some work-related meeting (assuming photography isn’t your primary occupation). But these are the times you inevitably come across that interesting patch of light, that unexpected scene, or just…something that makes you pause and wish you didn’t have to be somewhere in the next ten minutes. Then what?

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The Idea of Man, a virtual exhibition

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Welcome to The Idea of Man – a virtual exhibition, for all of you who are unable to visit the physical one at The Rangefinder Gallery in Chicago. It runs until 31 October 2015. I owe Dan Tamarkin of Tamarkin Camera a massive round of thanks for putting it all together and sharing his space – please drop by while it’s still up.

Here we go.

Note: for the benefit of those who prefer no captions, I’ve left them in only if you click through to the images on flickr. The narrative however, is important.

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