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	<title>Comments on: Shrewd Business or Lesson Learned?</title>
	<atom:link href="http://www.mackeydesigns.com/general/shrewd-business-or-lesson-learned/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.mackeydesigns.com/general/shrewd-business-or-lesson-learned/</link>
	<description>Personal Portfolio for Josh Mackey &#124; Mackeydesigns</description>
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		<title>By: Small Claims Court</title>
		<link>http://www.mackeydesigns.com/general/shrewd-business-or-lesson-learned/comment-page-1/#comment-306</link>
		<dc:creator>Small Claims Court</dc:creator>
		<pubDate>Mon, 31 May 2010 14:57:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.mackeydesigns.com/?p=35788#comment-306</guid>
		<description>Very nice post. Do you accept guest writers?</description>
		<content:encoded><![CDATA[<p>Very nice post. Do you accept guest writers?</p>
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		<title>By: Duxcic</title>
		<link>http://www.mackeydesigns.com/general/shrewd-business-or-lesson-learned/comment-page-1/#comment-257</link>
		<dc:creator>Duxcic</dc:creator>
		<pubDate>Wed, 09 Dec 2009 12:05:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.mackeydesigns.com/?p=35788#comment-257</guid>
		<description>very good work  .</description>
		<content:encoded><![CDATA[<p>very good work  .</p>
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		<title>By: Steve</title>
		<link>http://www.mackeydesigns.com/general/shrewd-business-or-lesson-learned/comment-page-1/#comment-255</link>
		<dc:creator>Steve</dc:creator>
		<pubDate>Sat, 21 Nov 2009 09:07:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.mackeydesigns.com/?p=35788#comment-255</guid>
		<description>Josh,

I have been in this road before many times.  As a professional Director of photography it is a shame that Crooks not businessman take advantage to our art.  I have dealt with companies like yourself with this type of treatment.  What I usually do is to find a happy medium and just move on and not dwell in it. As for copyrights.  You do own it when you you start push the button and since you have masters that goes in your favor 100%.  As for videos I own everything thing, that I shoot.  For clients wanting stock footage they pay extra or other request the want.

Good Luck.  Im a fan of your work.</description>
		<content:encoded><![CDATA[<p>Josh,</p>
<p>I have been in this road before many times.  As a professional Director of photography it is a shame that Crooks not businessman take advantage to our art.  I have dealt with companies like yourself with this type of treatment.  What I usually do is to find a happy medium and just move on and not dwell in it. As for copyrights.  You do own it when you you start push the button and since you have masters that goes in your favor 100%.  As for videos I own everything thing, that I shoot.  For clients wanting stock footage they pay extra or other request the want.</p>
<p>Good Luck.  Im a fan of your work.</p>
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		<title>By: Gary Silverstein</title>
		<link>http://www.mackeydesigns.com/general/shrewd-business-or-lesson-learned/comment-page-1/#comment-252</link>
		<dc:creator>Gary Silverstein</dc:creator>
		<pubDate>Wed, 11 Nov 2009 15:38:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.mackeydesigns.com/?p=35788#comment-252</guid>
		<description>Actually, it is my understanding that all photographers&#039; work is copyrighted from the click of the shutter.  You automatically have a copyright on it whether you have filed, or not.  The filing usually means that you can go after the big bucks (including criminal copyright infringement), but if you sue in small-claims court, you may be able to collect the amount you would have normally charged for the shoot.  Another way to deal with this is in the court of public opinion.  I once got paid by a reluctant construction company for an aerial shoot we had done for them, by promising to picket their client&#039;s offices with a sign saying they weren&#039;t paying their vendors, as the client was involved, too.  I told them I would also call the media, and maybe they could have 15 minutes of infamy on the 11 o&#039;clock news.  I hadn&#039;t been paid the balance of their bill for about 6 months.  They paid up right away the day I made that call.  There&#039;s a bit more to it than that, but it would take more time and space than you and I have here.  There are many ways to skin a cat.  Like they used to say, don&#039;t get mad, get even.

Gary</description>
		<content:encoded><![CDATA[<p>Actually, it is my understanding that all photographers&#8217; work is copyrighted from the click of the shutter.  You automatically have a copyright on it whether you have filed, or not.  The filing usually means that you can go after the big bucks (including criminal copyright infringement), but if you sue in small-claims court, you may be able to collect the amount you would have normally charged for the shoot.  Another way to deal with this is in the court of public opinion.  I once got paid by a reluctant construction company for an aerial shoot we had done for them, by promising to picket their client&#8217;s offices with a sign saying they weren&#8217;t paying their vendors, as the client was involved, too.  I told them I would also call the media, and maybe they could have 15 minutes of infamy on the 11 o&#8217;clock news.  I hadn&#8217;t been paid the balance of their bill for about 6 months.  They paid up right away the day I made that call.  There&#8217;s a bit more to it than that, but it would take more time and space than you and I have here.  There are many ways to skin a cat.  Like they used to say, don&#8217;t get mad, get even.</p>
<p>Gary</p>
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		<title>By: Mackey</title>
		<link>http://www.mackeydesigns.com/general/shrewd-business-or-lesson-learned/comment-page-1/#comment-251</link>
		<dc:creator>Mackey</dc:creator>
		<pubDate>Wed, 11 Nov 2009 01:59:50 +0000</pubDate>
		<guid isPermaLink="false">http://www.mackeydesigns.com/?p=35788#comment-251</guid>
		<description>Gary,

I&#039;ve already gone down that road, my lawyer told me that I didn&#039;t file my copyright within the specified amount of time for it to apply. He said I could probably press charges and win, but at most would pay for his fees, nothing else.</description>
		<content:encoded><![CDATA[<p>Gary,</p>
<p>I&#8217;ve already gone down that road, my lawyer told me that I didn&#8217;t file my copyright within the specified amount of time for it to apply. He said I could probably press charges and win, but at most would pay for his fees, nothing else.</p>
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		<title>By: Gary Silverstein</title>
		<link>http://www.mackeydesigns.com/general/shrewd-business-or-lesson-learned/comment-page-1/#comment-250</link>
		<dc:creator>Gary Silverstein</dc:creator>
		<pubDate>Wed, 11 Nov 2009 01:07:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.mackeydesigns.com/?p=35788#comment-250</guid>
		<description>Josh, from what you say, this sounds like a violation of your copyright.  Check with a copyright attorney, especially if you have found copies of image in print, or you can copy it from the web.</description>
		<content:encoded><![CDATA[<p>Josh, from what you say, this sounds like a violation of your copyright.  Check with a copyright attorney, especially if you have found copies of image in print, or you can copy it from the web.</p>
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		<title>By: Armin</title>
		<link>http://www.mackeydesigns.com/general/shrewd-business-or-lesson-learned/comment-page-1/#comment-218</link>
		<dc:creator>Armin</dc:creator>
		<pubDate>Thu, 01 Oct 2009 16:22:45 +0000</pubDate>
		<guid isPermaLink="false">http://www.mackeydesigns.com/?p=35788#comment-218</guid>
		<description>I&#039;d also add something specifically responding to this comment:

&quot;if those pictures hadn’t been given to said manufacturer you picture wouldn’t have made the ad anyway, paid for even.&quot;

This alone implies that Josh&#039;s photos were given to the manufacturer either in an effort of good will toward Josh, or at Josh&#039;s request/approval.  Josh has clearly stated that wasn&#039;t the case, and if it was truly done in good will, this blog post wouldn&#039;t even have been written.  Thus, the only conclusion is that the photos were given to the manufacturer without Josh&#039;s knowledge or approval, which of course is the whole point of this blog post.  As with many things in this world, the ends do not justify the means, especially when no photo credit was given to Josh in the end anyway.  Simply adding it to his portfolio and moving on would be like me taking an ad from Ford in Motor Trend and adding it to my portfolio as if I took the photo, even though the photo can&#039;t be traced back to me in any way as being the photographer.</description>
		<content:encoded><![CDATA[<p>I&#8217;d also add something specifically responding to this comment:</p>
<p>&#8220;if those pictures hadn’t been given to said manufacturer you picture wouldn’t have made the ad anyway, paid for even.&#8221;</p>
<p>This alone implies that Josh&#8217;s photos were given to the manufacturer either in an effort of good will toward Josh, or at Josh&#8217;s request/approval.  Josh has clearly stated that wasn&#8217;t the case, and if it was truly done in good will, this blog post wouldn&#8217;t even have been written.  Thus, the only conclusion is that the photos were given to the manufacturer without Josh&#8217;s knowledge or approval, which of course is the whole point of this blog post.  As with many things in this world, the ends do not justify the means, especially when no photo credit was given to Josh in the end anyway.  Simply adding it to his portfolio and moving on would be like me taking an ad from Ford in Motor Trend and adding it to my portfolio as if I took the photo, even though the photo can&#8217;t be traced back to me in any way as being the photographer.</p>
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	<item>
		<title>By: Armin</title>
		<link>http://www.mackeydesigns.com/general/shrewd-business-or-lesson-learned/comment-page-1/#comment-217</link>
		<dc:creator>Armin</dc:creator>
		<pubDate>Thu, 01 Oct 2009 16:10:47 +0000</pubDate>
		<guid isPermaLink="false">http://www.mackeydesigns.com/?p=35788#comment-217</guid>
		<description>@ First Joe:

Assumption is the mother of all fuck-ups.  Either you&#039;re completely assuming facts here or you&#039;re simply on the other side of the coin and trying to spread misinformation to make you or the people you represent look better.  No matter what side I&#039;m on (I of course happen to be on Josh&#039;s side here), the plain and simple fact of the matter is even if he DID get paid for the shoot, that gives the &quot;businessman&quot; in this situation absolutely NO RIGHT to give the photos to a third party and let them use them as they wish.  As Josh said, now all business from now will involve contracts, but that doesn&#039;t take away from the fact that this specific situation is full of BS.  

As for your comment about &quot;a photoshop post production guy,&quot; welcome to the world of professional photography.  Perhaps your point-and-shoot or iPhone camera will do just fine for your needs, but the rest of the professional world requires talented people like Josh.  This comment from you alone speaks volumes about what you know about Josh and the photography industry as a whole.</description>
		<content:encoded><![CDATA[<p>@ First Joe:</p>
<p>Assumption is the mother of all fuck-ups.  Either you&#8217;re completely assuming facts here or you&#8217;re simply on the other side of the coin and trying to spread misinformation to make you or the people you represent look better.  No matter what side I&#8217;m on (I of course happen to be on Josh&#8217;s side here), the plain and simple fact of the matter is even if he DID get paid for the shoot, that gives the &#8220;businessman&#8221; in this situation absolutely NO RIGHT to give the photos to a third party and let them use them as they wish.  As Josh said, now all business from now will involve contracts, but that doesn&#8217;t take away from the fact that this specific situation is full of BS.  </p>
<p>As for your comment about &#8220;a photoshop post production guy,&#8221; welcome to the world of professional photography.  Perhaps your point-and-shoot or iPhone camera will do just fine for your needs, but the rest of the professional world requires talented people like Josh.  This comment from you alone speaks volumes about what you know about Josh and the photography industry as a whole.</p>
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		<title>By: Mackey</title>
		<link>http://www.mackeydesigns.com/general/shrewd-business-or-lesson-learned/comment-page-1/#comment-216</link>
		<dc:creator>Mackey</dc:creator>
		<pubDate>Thu, 01 Oct 2009 14:15:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.mackeydesigns.com/?p=35788#comment-216</guid>
		<description>@ the first Joe,

Not sure where you&#039;re getting your details. But you are incorrect. The shoot wasn&#039;t paid for, wasn&#039;t compensated for, and there was no authorization for the picture to be used in the ad. The pictures were taken prior to the feature shoot of the car for the magazine as a sneak preview of the car before it went to SEMA. 

You show your true ignorance by ignoring the facts and even suggesting I was even paid for them. And spamming forums? I posted this blog on a Photo forum to warn other photographers on how to avoid bad business practices. There are no names mentioned here, no links to any photos, nothing that directly relates to anyone.

As far as I&#039;m concerned, I could be talking about anyone.</description>
		<content:encoded><![CDATA[<p>@ the first Joe,</p>
<p>Not sure where you&#8217;re getting your details. But you are incorrect. The shoot wasn&#8217;t paid for, wasn&#8217;t compensated for, and there was no authorization for the picture to be used in the ad. The pictures were taken prior to the feature shoot of the car for the magazine as a sneak preview of the car before it went to SEMA. </p>
<p>You show your true ignorance by ignoring the facts and even suggesting I was even paid for them. And spamming forums? I posted this blog on a Photo forum to warn other photographers on how to avoid bad business practices. There are no names mentioned here, no links to any photos, nothing that directly relates to anyone.</p>
<p>As far as I&#8217;m concerned, I could be talking about anyone.</p>
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		<title>By: Joe</title>
		<link>http://www.mackeydesigns.com/general/shrewd-business-or-lesson-learned/comment-page-1/#comment-215</link>
		<dc:creator>Joe</dc:creator>
		<pubDate>Thu, 01 Oct 2009 06:31:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.mackeydesigns.com/?p=35788#comment-215</guid>
		<description>What goes around comes around.  I know it sucks, Josh, but people like that always get what is coming to them.  &quot;Businessman&quot; can&#039;t operate that way forever and not piss on the wrong person.  At least you can move on (and up)... good luck!

...and to the /other/ Joe... show me one magazine that has photos in it that haven&#039;t been through post production editing.  Your comment shows your ignorance of the industry.  Any photographer worth his weight is a master in Photoshop.</description>
		<content:encoded><![CDATA[<p>What goes around comes around.  I know it sucks, Josh, but people like that always get what is coming to them.  &#8220;Businessman&#8221; can&#8217;t operate that way forever and not piss on the wrong person.  At least you can move on (and up)&#8230; good luck!</p>
<p>&#8230;and to the /other/ Joe&#8230; show me one magazine that has photos in it that haven&#8217;t been through post production editing.  Your comment shows your ignorance of the industry.  Any photographer worth his weight is a master in Photoshop.</p>
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