Friday, 31 May 2013

CHANGING THE WAY WE THINK - CANON 2013 ROADSHOW

"Changing The Way We Are Thinking"-
A review of the Canon 2013 Roadshow

By Loftus Viljoen









When you do reviews, you are looking for benchmarks or past experiences to get a fresh angle on your approach. With my last review on the Canon Expo, I nearly ended up with a gag order and retraction litigation as someone did not like my comparisons. In any case, that was a storm in a teacup and nothing came from it.

One of the 21st Century’s blessing or evils [depending how you look at it] is the one of choices. A couple of decades ago we only had two choices when choosing a product and that was either “take it or leave it!”and things changed when manufacturers started to extend their product range and this became known as “branding”.

At school I always wanted a Nikon, but when I left school in the early 70’s I only earned R150.00 per month and after my studies, lodging and car instalment were paid, there wasn’t much left. The only camera I could afford then was a Minolta SLR.  For the next about 30 years that was the brand of cameras I used. During those early years B&W 35mm was the film of choice and I had my own darkroom to develop my films and  photos. The skills we then had was to change the shades between dark and light [playing with exposure], dodge and burn etc. and then colour developing came and we had to learn what effect the blending of colour [and colour filters]  had on our images. This was all done manually and our trials and errors were an expensive exercise. Colour slides then became very popular and we changed to that format and for many years that was the format I used.



As the years moved on I graduated, set my career, got married and started a family  and so we became interested in outdoor activities, which included wildlife and nature, and scuba diving. For the latter we needed a 4x4 and we started off with a bumpy Toyota double cab 4x4 [very heavy on fuel] and after watching the Dakar Rally we saw the Mitsubishi Pajero winning this gruelling event for a couple of years in a row. So we bought ourselves a Pajero- a much softer and family friendly ride. Mitsubishi was, probably with every right to do so, very vocal about their achievements and successes. So Pajero became my brand of choice.

To share my and my elder son’s [he started diving at the age of 12] underwater experiences we needed an underwater camera and looking around we saw  that Nikon had a Nikonos 3 underwater camera and my interest in that brand was aroused again - so I bought myself one. To cut a long story short on the very first dive the seals of the Nikonos 3 failed [and no fault of mine] and I “drowned” the camera. Neither Nikon nor the dealer wanted to take responsibility for  the  defect and I had to write my Nikonos 3 off as a bad experience. A year or two later my wife passed away and that put an end to our diving adventures and it also changed our priorities for outdoor activities. After 7 years I sold the Pajero and by the time I remarried, I needed a new bigger family car and the choice fell back on a Pajero. With the Pajero came a 4x4 course and what we didn’t realise was that this were the trials for the Mitsubishi 4x4 Eco Challenge and before we could take a deep breath we were in the semi-finals in Askham in the Kalahari where the brand continued to impress me.



Our exploits in the Eco Challenge was published in a couple of magazines and this lead to the establishment of our off-road caravan and trailer rental business. At that stage there were only two manufacturers producing off-road caravans and after research we decided to stick with one for the time being. These caravans were supposed to be rugged and a rental company was the easy place to check the R&D of the caravans. This created the interest by editors in stories and reports on the equipment and on the destinations. Not long after that the other manufacturer approached us. They wanted a couple of their caravans represented in our fleet, and featured in the articles and photos as it was part of “branding”.

There is a difference between a product and a brand. A brand is made up from various products that a manufacturer has available whereas a product comprises of a single or multiple units. So when you see the adverts “Canon – you can” or “I am Nikon” or “Mitsubishi Motors” it all refers to the brand rather than a specific camera or motor vehicle. Some products may be the flagship items to promote the brand.  You will see taxis, buses, aeroplanes and even caravans branded in the colours of a specific brand [other than the manufacturer of the taxi, bus etc.] and because they are mobile, the chance that it will be seen by many consumers increases. Other branding may take the form of advertisements, bill boards and so forth.



More or less the same time we started the off-road caravan rental business, it was the dawn of the digital age and I realised that I had to upgrade from film camera to digital. I thought I will stick to Minolta who I have supported for close 30 years, but as it appeared they were taken over by Sony so I bought myself a Sony digital camera - the least I say about this experience the better, only it was very disappointing. So the time arrived for me to buy into the Nikon brand I so desperately wanted to own through the years. This drove me to the local camera dealer who sold all the available brands. Listening to me and assessing my needs for travel, wildlife and photo journalism and the fact that safaris are always prone to dust and vibrations, he simply told me “I can sell you a Nikon but what you need is a Canon because your equipment are going to need more regular service and maintenance than the ordinary camera user and at this stage Canon’s service is the best”. Practical considerations: that is how I became a Canon user – that was 10 years ago.

Brands have the way of changing the way we think and react to a product,  and the more you see and hear of a brand the more likely you will be coerced into buying a product of that brand – once in it becomes an expensive exercise to get out.  Yes, you can get frustrated with a brand and you may even change brands as a result of it – and if you get a special deal from one it may even be a financial decision rather than staying a “loyal” supporter to change brands: I am the last person to judge someone changing brands for the better of their business. Brand choice by contract is completely different to brand choice by preference. I am very sceptical about taking advice from  contracted brand users because always in the back of my mind the old Dutch proverb: “Wiens broodt men eet, diens woordt men spreekt” springs to mind when I hear them speaking from public forums.



The way of promoting brands have become a highly sophisticated business or management plan like the subtle “leaking” of information of a new product and let us use the new Canon 200-400 f4 x1.4 lens as an example. People have seen glimpses of this lens at the London  Olympics and a few lucky ones got the opportunity to field-test this lens with strict orders on secrecy and whatever they might have to say about  what the field results may yield until the official release of the lens. All the rumours under a cloud of “secrecy” has only one effect: brand awareness and interest in the product/s of that brand. Consumers awaited the release of this lens with great anticipation and although most people will never buy that lens due to its cost factor it has already done its job by heightening the interest in the brand.  A new released lens without a camera means nothing so the consumer will undoubtedly look at a camera worth its mettle to compliment the lens and start dreaming about them until the reality of the price tag kicks in and then their eyes will wander away to the other cameras and items on display. Some camera manufacturers  may also make use of workshops or courses to promote their brand or may even launch competitions – all these efforts are aimed at changing the way consumers look at their brands.




One of the ways that Canon in South Africa succeeded in keeping consumers aware of the brand was to create a prestigious and exclusive brand awareness event for the photography community called the Canon Roadshow. To be eligible to attend this show you have to be invited and if you like Canon to know of you, you had to register with them and they will send the invites out. This event has become so popular on the social calendar that within 48 hours after the invites were sent out, the Roadshows were fully booked out. This year there were 3 venues: Durban, Cape Town and Johannesburg.

Why do the Canon Roadshow stand out from all other expos, workshops or courses I have attended? First of all it is exclusive and you will not find  non-Canon products like tripods, quick release camera grips,  rapid release straps or software on display. Canon has the edge on exclusivity in respect of the  event and I reckon it is unlikely that they will participate in other shows or expos where they will lose this advantage. Secondly the Canon Roadshow is not a workshop nor a photography course in the strict sense of the word as it is unlikely that you will get a lesson of how to use your camera and a  detailed explanation of all the functions of the dials or buttons on your camera – most of the time you just get a reference to a new function on a new camera. Thirdly you will have well known photographers to inspire you with their work and presentations and they will have new material that was not published before in their presentations. This is a criticism I have against other shows, expos, workshops or courses, because they tend to have the same people using the same material and telling the same story as they did at other events – that is simply boring and uninspiring. I don’t have a problem with using the same people – it  is just them telling the same old story.



This year the Canon Roadshow attracted  a  total of 1950 bookings of which 1500 really turned up giving an attendance percentage of 77% [with Cape town achieving the best attendance percentage of more than 80%]. Unfortunately most of the 23% who did not turn up failed to cancel their bookings and by doing so deprived others who wanted to go but who were too late with their bookings.  I hope in the future that the invitees will realise that the Canon Roadshow is a prestigious event and a No-show after confirming a booking and failing to properly cancel that booking may have an influence on their future invites. I am quite sure the Marketing people at Canon is going to figure a way out to ensure a higher attendance percentage. If I have a criticism I would say that Canon should pin the dates and venues of the Roadshows  well in advance or give clear instructions on their invites so that the invitees can check their diaries.

I loved the choreography of the style of the presentation this year by Roger Machin and Abri Kriegler and how the one presentation flowed over into another. I loved to hear about the new cameras and lenses and what will suit the kids, mom or dad and about the FREE DPP software you can download bearing in mind that the latest development in editing software is that you cannot buy perpetual licences for much longer and that you need to subscribe for renewable software licences on an annual basis.



In the background one of South Africa’s top aviation photographers, Mark Mansfield, waiting for his turn to present his section on aviation photography, was using a standard Canon Powershot camera taking shots all over the place.

Earlier Craig Dutton, another presenter and one of South Africa’s leading sports action photographers, was telling us how good the 200-400mm f4 x1.4 lens, which was released just a couple of days earlier, was during the field testing at the London Olympics and how the angles or views for a shot could change so quickly just by the flip of a switch. His best had yet to come.

Most of us only take photos of aeroplanes at and during Air Shows,  but Mark Mansfield does it professionally and at aviation events all over the world. Some of the aeroplanes’ fuel bill and just keeping it flying will easily cost R20,000 or more per hour so setting up a shoot like that takes careful planning and execution. If you,  the photographer, makes a mistake or did not get the shot it will be costly. There are different types of shots and the way you could change  the layout. It was also refreshing to hear him say that he seldom uses the M mode in shooting and that one of his preferences is to shoot in Av mode. And then he describes how the little Canon Powershot camera gives him a different  view and shots in aviation photography. This made me [and many others] have another look at the Powershot camera as a backup camera.



And as they changed speakers from Mark to Craig a stunning action sports sunset photo appeared on screen and before Craig even said one word I knew [and many others attending as well] this Man Can [with a CANon]. I can’t remember seeing Craig moving around [as a matter of fact I can’t remember seeing him] I was just mesmerized by the photos on the screen and the crazy angles he used.
What do Mark and Craig have in common? They use the Canon brand and their skills to “Change the way we are looking”. Yes we will look differently to the way  we use our equipment and it changed the way we are looking at how we take our photos.



I didn’t come to the Roadshow for freebies or doing a review on it. I came to see what they can offer me in terms of “out-the-box” thinking photography wise and with that I think they succeeded: Canon, however,  also had some freebies which included a Canon Shooting Jacket for the attendees. This was an exclusive gift to the attendees. I wore mine to a coffee shop after the event and I heard one guy said to his girlfriend “Geez, that guy must be a good photographer – he’s got a Canon jacket.” Just imagine 1500 Canon Shooting Jackets out there walking through all spheres of life taking all types of photos and onlookers thinking “This must be a good photographer  - he’s got a Canon jacket!” This time Canon had their thinking hats on: brand awareness and even if one of those 1500 Shooting Jackets is using another camera everyone will look at the branded jacket.

Freebies aside, the overall impression I have of the Roadshow is that it is exclusive and with the overall content of the show it does “Change the way we are thinking.” Thinking of:
·        how we look at the brand,
·        how we look  at equipment
·        how we look at taking our photos.

You may think I am biased towards one brand against another, but I am not: some years Canon will have a better camera or lens and another year it will be Nikon’s [or whatever] turn and when it comes to brand awareness I am acutely aware of the pros and cons of both brands, but you will never find me criticising  someone for choosing the one brand above the other.

The competition for brand awareness are fierce, especially in the photography industry, so you can  expect that the rivals will come out with something special and more probably at an expo or event  where Canon will not be officially present and will use it to the “change the way the consumer think” about their brands. I will look, with interest, to see what will happen.

The photos of the  helicopters firing flares and the cover photos for Air News are  the photos taken by Mark Mansfield and published with his permission and the rest of the photos are mine and they have the central theme in common.

©2013 Loftus


Wednesday, 24 April 2013

PLANNING A PHOTOGRAPHY WORKSHOP


PLANNING A PHOTOGRAPHY WORKSHOP


 BY Loftus Viljoen*

[Loftus is a retired attorney, professional photographer, safari operator, business man, columnist, writer and freelance photo journalist]

Although I am using a photography workshop or course as example the comments herein can just as well be applicable to any workshop or course or event.



Tsonga Traditional Drummers & Dancers

Just the other day a would-be-photography-course-presenter gave the following advice to an aspiring wildlife photographer after that would-be-presenter attended a studio workshop: “You always shoot in M-mode set at F8, 1/80th sec, ISO 100. Do not change that!”  The result: a totally over-exposed set of wildlife images. Fortunately I was there to give the correct settings for wildlife photography and fortunately for the aspiring wildlife photographer his initial images was only a test run. But imagine this, you as expert photographer, give advice to someone who on your advice uses the wrong settings messes up a once in a lifetime shot and thereby spoils a very expensive trip for example to the Serengeti. The consequences of giving wrong advice is that apart from having your reputation tarnished you may find yourself in Court for damages to pay the cost of that Serengeti trip, especially if the recipient of your advice is a novice to photography. You will know that the EXIF data on those images will expose your advice. Or just imagine that you have given the wrong advice on the settings of the “money shot” at a wedding ceremony and you spoil the image and the couple sue the photographer [and consequently you for giving the wrong advice]. You don’t think this will happen? In Australia a couple recently sued their photographer for not taking the “kiss shot” and had their whole ceremony re-enacted and sued the photographer for those costs and in another case in the U.S.A.  a photographer was sued for $300,000 [USD] for "bad images" as the couple had to do their whole marriage ceremony all over again. There are currently a number of these type of court cases all over the world and they may each have their own merits and defences, the point that I am making is that you as presenter or organiser should be very careful of what expectations you evoke or what advice you give. The bottom line is you do not want to be a co-defendant in Court.

The essence of a workshop or course is the transfer of knowledge and/or skills on a specific subject matter or giving advice relating to it – in most of the courses or workshops I  attended  or presented the frequently asked question is “what was your camera setting for that shot?”  Different cameras and different lenses will give its own qualities to an image so the best is to learn what your camera and lens can do is normally my advice to fellow photographers. Most times at courses you will find that settings they give you are only "guidelines" and not a rigid set of rules.

I have presented several courses myself for the Ngonyama Safari Club since 2004 ranging from GPS to Bush Mechanics to Safari planning to “Introduction to Wildlife Photography” courses/workshops. A number of my articles on these subjects which were published in well-known outdoor lifestyle magazines through the years.  Planning workshops or courses differs not much from planning safaris into Africa – you have to do it properly or you will be the loser. Having all this experience gives me a reasonable platform to make the comments herein.


Steam Train shoot - FOTR 2012

Being a top photographer or a skilled presenter/narrator unfortunately does not make you a successful event or workshop organiser – I have seen Event Organisers planning and executing, for example, a huge music concert, however they did not have any music skills or being a public speakers, but the event was a huge success, because they knew all the peripherals and legalities involving events. On the other hand I have also seen courses where the organisers had to pay in, either as a result of ignorance or failing to calculate all the costs and risks involved.

Planning a photography event or workshop not only takes a lot of time and a lot of money, but the organisers [or organising committee] also takes on a huge legal responsibility and duty. These include a number of contracts like venue, employment, accommodation, transportation, rentals and indemnities etc. and this brings in legal issues like safety, employment, insurance, building and model and other releases, copyrights and more, including Acts like the Bill of Rights, the Consumer Protection Act and other legislation. All these issues do have a cost implication and these costs must be built in in your course fees.

Costing is a very difficult thing to do as you can easily cost yourself out of the market. Working with sponsors does help, but my experience is that you need to contact possible sponsors months in advance. When I want Canon [and I am talking of Canon just by way of example] to loan me equipment for a wildlife photography workshop/course I need quite a lot of time in advance and I must be specific of what equipment I need and this involves a business plan  and proposal. Then I had to insure their equipment which put my “profit” at risk – an insurance company recently charged me R3000.00 to insure the equipment I had on loan plus my public indemnity just for the weekend. So even when you get a sponsorship it comes with a price.  The best option is to work with whatever equipment or resources you have. It is always a good idea to draft a business plan for your courses whether you need a sponsorship or not.

 


Let us say, [by way of example] that you want to give a course in Photoshop or any photo editing programme, but let us use Photoshop as an example:

·         the pictures for free.
As this is a closed group implied/nude pictures may be posted as long as they are classy.
If a member feels uncomfortable with a picture that is posted, please let admin know so that we can handle the concern in a professional manner. Please always respect the model, and most of all.... 'Have fun'

Enjoy the group.
P.s. No adverts on this group please unless it is directly aimed at photographers like handy tips, reviews or accessories..
all the legal duties and responsibilities I touched on above are still applicable

·         Are you a qualified or certified Photoshop instructor/tutor [by Adobe,]?

·         Or do you have a duly and properly authorized presenter to present your Photoshop course?

·         Are you going to create the impression to your course attendees that you are legally entitled to present a “Photoshop” course?

·         Do you have all the copyright permissions or authorizations for the material you are going to use?

·         What expectations have you evoked from your audience? I have attended a couple of photography courses offered by magazines,  shows, expos, camera manufacturers and the like for purposes of learning more and reporting on it and found that a couple of them had the same course material content of an earlier course I attended or that I know more about the course subject than the presenter, because the course was only of a basic nature. I have even been threatened/bullied by Big Event organizers/manufacturers to prevent me of writing anything negative about the course/event/product until they found out exactly who I am whereafter they quickly changed their tunes. You do not know who will be attending your course/workshops and what negative comments they can say about your course so you need to be prepared for that as well.

·         [TIP: Why don’t you rather have Adobe or an Adobe accredited presenter to do your course or the part where you need them in your course – isn’t that a nice and legal way of doing it]

Once you have the above in place let us consider the following:

Your venue:

§   Is it a safe environment for a course/workshop?

§  Does it have the proper facilities for the course? For example does it have enough electricity points for laptops, computers and charging systems and lecture rooms with tables and chairs?

§  What about privacy? Assuming that photos are going to be taken you need to sort out privacy issues before the commencement of the workshop - [I once attended a course where there were models posing for the attendees on a specific defined contractual basis , but the venue owner was all under our noses taking photos himself left, right and centre and there by infringing the privacy rights of his guests]

§  Security: What provisions were taken for the safety of your attendees’ cars, equipment and possessions?

§  Are you providing meals & drinks? What happens when your guests/attendees get food poisoning? Did you put your public liability insurance in place?

o   Releases: do you have all the releases necessary like buildings, models, art and other copyrighted, branded or trademarked objects, especially if you are going to take pictures during the course or workshop? (I attended a workshop where  we were presented with model releases and afterwards found out that one of the models was under age and signed a model release without the assistance of her parents – this may have legal consequences). There are workshops  which will allow and enable the attendees to take photos of models and props with  the purpose of building their photography portfolios - now just imagine one of your attendees posting such photo of a minor.

The point I want to make is that if you want to do a workshop or course or event – make sure you comply with all the legalities. On Facebook and social media I have seen comments to the effect “bugger the Law, let’s do what we want to do!” – to me that person is unprofessional, will in all probability infringe copyrights [and pirate copyrighted images and software], will fail to observe human rights or privacy matters or the rights of others and for that remark I will not refer any customers or attendees to him for a photography brief or if he would present a course to avoid his courses.

On my example above I work on the assumption that the course/workshop will involve the taking of photos. One should give careful consideration as to the type of workshop or course you want to plan and execute.  Tip: always have new material or examples in your course and as much of your own work as possible.



One of the failures of a workshop or course is the lack of marketing or insufficient marketing and not having enough attendees to cover the costs. Unfortunately there is not a thing like a “free lunch” and unless you are a philanthropist you need to be remunerated for your efforts. Nobody will crucify you for making a R1000 or more from a course, but that if there are not enough attendees you must take the brave decision to cancel your workshop or event.

The mere fact that you know how to drive a car does not mean it is legal – you need a valid driving license and the same applies to presenting workshops you may know how a lot about "Photoshop" [as per my example] but to do it you still need to do it legal. So if you want to use a branded name like Photoshop to market your course you will have to get a license or authorization from Adobe or the legal copyright/brand owner – but nothing prevents you to advertise your course as a “Photo editing” course without referring to any branded or copyrighted names, but you still need to be careful that you do not invoke the “expectation” of your attendees that they are attending a “Photoshop” workshop.
I hope I have given an insight and food for thought for both potential presenters as well as attendees that there is more to presenting a workshop or course that meets the eye.

I do not want to put a damper on enthusiasm to organize or present a course or workshop but there are many pitfalls and dangers lurking for the would-be-organizer of a course but if you are aware of it you can work your way around them.

Loftus ©2013

 

 


 

 

 

Thursday, 18 April 2013

TRADITIONAL TSONGA WEDDING


Traditional Tsonga Wedding


Story and photos by Loftus Viljoen

Regal pose for a traditional Tsonga Wedding



 Malamulele is small township near Giyani in the far north of the Limpopo Province. It is 40 odd kilometres away from the Punda Maria gate of the Kruger National Park.

My partner, Naomi Myburgh, and I had the opportunity and privilege to cover a traditional Tsonga wedding ceremony at this village. We were approached by Masana Maluleke, a pharmacist from Brakpan in Gauteng where she works and resides, to photograph and document her wedding with Thabo Motsoai.  The bride is a Tsonga and the groom is a Sotho.

In Africa it is an age-old tradition and custom  that a traditional wedding is preceded by “lobola” negotiations.  Lobola is said to be a system whereby a groom pays the father of the bride or her relatives  a “bride’s price” of a certain number of cattle [or in modern times an amount of cash] and hence the misconception that the bride becomes the “property” of her husband.   Traditionally cattle was a sign of wealth in Africa culture and by paying in the paying of cattle to the bride’s father meant or symbolizes  that the groom was financially able to set up home and provide for his wife.

On the surface “lobola” seems to be a purchase and sale agreement but it is a far more complex and intricate process with  many symbolic gestures. The custom is based on a process to bring the families of both the bride and the groom together. This process involves formal and strict protocols to be adhered to, for example two families could have stayed next to each other for years but when it comes to the “lobola” exchange they might not know each other on the seriousness and sanctity of marriage. The process and meetings with the families, especially the groom, is normally not done by the groom himself but it is done through the elders in the family and involves endless formalities.  In traditional African weddings the bride and groom is also “marrying” into extended families  and takes on an extra responsibility to support them as and when the need arise.  The negotiations can be very tense and great ceremony  and dignity is bestowed on these meetings and in some of these negotiations an opened bottle of brandy is placed on the table is a symbolic gesture of  “the mouth opener”  to break the tension and acceptance of the representatives.  These negotiations can last a couple of days and can continue on the day of the ceremony. In the modern day cattle are symbolic and once the “lobola” or “bride’s price” is established the negotiations are formally over.







Traditionally the wedding ceremony can only take place after the lobola is paid. Lobola is also a sign of gratitude on the part of the groom’s family toward the family of the bride for the taking care and upbringing of her. There is no personal enrichment by the father of the bride in lobola as it is used in many cases to help the young bride to set up house. It is like trousseau or dowry in the European countries.

There are strict rules to be followed until the wedding ceremony, for instance the couple are forbidden to meet each other before the ceremony.

The purpose of the meetings between the families is to create a bond between the families of mutual trust  and understanding and a feeling that they “belong” to each other.  When the dignitaries speak of “She is marrying you, but belong to us…or she is our property” they are talking symbolic to say that they value the bride very high and that she is now part of a bigger harmonious family union.

Lobola is still very popular as a custom because the essence is that it promotes dignity and support of each other and the family community.

A traditional wedding differs from a formal “white wedding” – a white wedding meaning a Western- or European type of wedding, with a white wedding dress,  as there are much more formalities to be concluded and the ceremonial proceedings as described below. African couples often opt after two years or so to enter into a “white wedding”.

  

Having done our research and trying to understand the customs we arrived at the wedding on Saturday the 2nd March 2013 at 12:00. A huge white tented marquee was set up on the lawn of the bride’s parent’s house decorated with the “combined” celebration colours of the two families involved – yellow/orange from the bride’s side and earthy brown from the groom’s side.   The celebration colours of the bride’s family consisted mainly of yellow and blue and the celebration colours of the groom was mainly white/beige and earthy brown. On our arrival we found the two families beautifully dressed in ceremonial attire separated – the groom’s family to the left and the bride’s family to the right. As we entered the groom’s side was singing praise songs about the groom and his family.

The bride arrived at her parent’s house three days earlier while the groom arrived at his families’ house with his entourage only on the morning of the wedding.

 

The custom and tradition is that the bride dresses in the wedding gown  in her family colours and then she is introduced to the groom and his family [and the guests at the wedding]  by her family and entourage with song and dance. Naomi rushed to photograph the nervous bride [just like any bride] during the process of getting dressed and prepared.

In the meantime a solemn, serious and dignified meeting was taking place between the representatives of both families in the lounge for the formal conclusion of the lobola negotiations. We were only allowed to photograph them after the conclusion.

 

In the meantime  the caterers were busy preparing feast meals at the back of the property as there were about 200 guests attending.  The food included traditional foods like pap, spinach, meats, stew, afval and even the traditional mopane worms [high in protein].  In the backyard the goat “the-be-slaughtered” was waiting.




At last the bride and her entourage appeared singing and dancing and was met in the “isle” by a serious and nervous looking, but proud groom.  A stage was set on an ethnic pattern cover with two majestic white leather chairs facing the audience.   As the couple took their seats they looked regal, dignified and proud as they knew the families’ representatives have successfully concluded the lobola negotiations.

The ceremony was officially opened after a prayer by Pastor Maakane by  one of the family representatives  followed by song. After script reading and further prayers  more song and dance followed.

Then it was time for the first of the traditional dancers and drummers to perform where-after it was the bride’s father to address the guests and made the public declaration the groom’s lo bola was paid in full. This announcement was greeted enthusiastically by the bride’s family and friends who started a circle dance around the couple singing and clapping hands followed by the groom’s family and friends.

After another sermon by the Pastor the exchange of the rings took place and the couple was toasted by friends and more song and dance followed.  No sooner or later it was time for the guests to indulge themselves into the meal. It was halfway through lunch and dinner so it is difficult to describe it as a lunch or a dinner.

The ceremony was long from over as more traditional dances followed and then it was time for the bride to change into the clothes and colours of the groom’s family. This process involved the new couple to appear “as husband and wife” as they moved into the streets of the village dancing and singing.  They were followed by friends and combined families all joining in song and dance. The bride [despite being so hot] wore the traditional blanket around her shoulders symbolizing the warmth and comfort of her new family.

 

I have seen many traditional dance performances before and the Tsonga traditional dances seems to be an infusion of local with Zulu dances, but what was unique for me was a move where the dancers kicks with both legs to the skies and then fall on their backs – there is some great skills involved as the dancers uses their arms and hands to break their fall and prevent injury.

   

As the couple and dignitaries prepared for the usual formal photo shoot  the youngsters, the elders and other all gathered in small circled groups to discuss various matters – men one the one side and the women somewhere else. 

By  18:00 it was time for us to leave after a long and interesting day and by this time the goat was still happily alive in the backyard as someone forgot the slaughter it.


2nd Wedding dress - the traditional colours of the groom

   
As the last rays of the sun was casting long shadows over the village the party was still continuing, but we were on our way to our lodge behind the Soutpansberg with the lasting memory that old African customs and traditions is still a reminder of the preservation of human  rights.
©2013 Loftus Viljoen

 

Monday, 18 March 2013

WHAT IS A "SECOND SHOOTER"?


What is a “Second Shooter”?


By Loftus Viljoen*

It is common practice for a photographer shooting a big event to have one or more photographers [usually called Second Shooters] to help him [or her, as the case may be] to photograph various segments of the event while he is busy concentrating one the main objective of his brief or commission.
*Being involved in photography for more than 40 years and practising law for more than 30 years [before I retired], having my own businesses and  doing freelance photo journalism and articles for various magazines I do meet many photographers and are involved in quite a number of photography related matters  which gives me a reasonable platform to make the comments and observations below. 

Lately the issue of second shooters regularly pops up during discussions and on social media and maybe it is now the opportune time to look at the actions, rights and duties of Second Shooters.
The relationship between a client [that is the legal persona who commissions the shoot – note: the Copyright Act uses the description “commissions” as the brief or contract for photography and for purposes hereof I will keep to that expression] and photographer and between the photographer and his employees is governed by the principles of the Common Law, including the Law of Contract, as well as by Statutes like Copyright Act, Consumer Protection Act, Employment legislation etc.  Add to these matters like respect, morals and ethical behaviour.

The Main Photographer uses his business acumen, skills, experience and expertise to secure a commission by the client to shoot the event. For this purpose the Main photographer enters into a formal agreement with the client as to the scope of the commission and which or what photos must be taken, where and when and obviously the contract price. At some events, like for example shoot-and-print events, the Main Photographer may be required to pay an exclusivity fee, and at certain locations a location fee [which actually is a copyright licence for the building release]. In his contract the Main Photographer will cover matters like  exclusivity, the Bill of Rights [and more specifically privacy issues], Copyright [see more of this below], Designs & Trademarks [where applicable] the location, safety and security etc…etc. He will make sure that he will have the proper model releases and all other releases that may be legally required from him. In some of his published photos the Main photographer may also be required to credit the models, the makeup artists and/or the fashion designers.



Throughout the world copyright © is a creation of legislation and South Africa is not an exception. Our Copyright rights and privileges [as protected throughout the world in terms of the Berne Convention and other treaties] are governed by the Copyright Act of 1978.  In photography terms the following are important:
Section 1 it says that a  author” - in relation to a photograph means the person who is responsible for the composition of the photograph.  So even though you may be the “author” or photographer it does not mean that you are the copyright owner – I have seen arrogance amongst photographers who think whatever they photograph it belongs to them – that is a short sighted approach and can be dangerous and cost them plenty should they find themselves in any court proceedings. If you include in your "composition" an item that may infringe somebody else's copyright, trademark or design you as "author" may find yourself cited in legal proceedings as the "infringer".  If you want to be a professional photographer you should know your rights, duties and obligations and make sure you know the relevant law.
In Section 21 it says “Where a person commissions the taking of a photograph… and pays or agrees to pay for it in money or money’s worth, and the work is made in pursuance of that commission, such person shall be the owner of the copyright”. It goes further to say that if it was done for a newspaper etc. the newspaper will be the copyright owner or if you are employed by someone the employer will be the copyright owner. Per se a "Second Shooter" will always be in the employ of the Main Photographer. If you want to use or publish any photos of a client you need to make sure that you have the licence to do so and that the required copyright licence is embedded in your photography contract with the client. If you, as Second Shooter, use the photos that you have taken for and on behalf of your employer without his explicit consent it will be regarded that you have stolen from your employer and is criminally punishable by law. This means you will have a criminal record for theft!
Section 23[1] states: “Copyright shall be infringed by any person, not being the owner of the copyright, who, without the licence of such owner, does or causes any other person to do, in the Republic, any act which the owner has the exclusive right to do or to authorize”
This is the Law and ignorance of the Law is no excuse when you are accused of copyright theft or infringements, theft from your employer, breach of trust etc.  Due to the above provisions many Main photographers just assume that their second Shooters/employees knows the law and therefore do not disclose the full particulars of his contract with the client.


A Second Shooter, whether he/she is a novice learning from the Main Photographer or whether he/she is an experienced photographer, has no rights to any photograph he/she has taken in pursuance to his/her employment with the Main Photographer.  The Copyright belongs to the Main Photographer or his client [as the case may be].  In law there is a maxim that says [translated from Latin]: “Nobody can have more rights to an object than what the owner has”.
A Second Shoot has no right to self-promote him/herself at an event/shoot where the Main Photographer is contractually bound to perform – in fact it is unethical and immoral to pilfer a Main Photographer's client or prospective clients when you are in his employ. It is morally unacceptable and a breach of trust for a Second Shooter to dish out his/her business cards at such an event – whether you like it or not you are infringing on the rights of your Employer. The Courts are harsh in sentencing when they find an employee guilty of stealing from their employers or being dishonest to them. The Second Shooter is obliged to refer any enquiries from a prospective client at such event to the Main Photographer – this is a standard employee to employer obligation and it is also a legal obligation.  
I have seen Second Shooters posting a portfolio of a shoot on the internet showing the photos he/she took at the event without acknowledging the Main Photographer/client as the copyright owner [in other words he/she has stolen the photos he/she took from his/her employer] or having the proper copyright licence to do so and secondly fraudulently purport or give the impression that he/she was the sole shooter at the specific event. First of all the Second Shooter is not only defrauding his/her employer but is also “passing on” and misleading/defrauding the public that the shoot was theirs. Second Shooters, if you are guilty of this type of behaviour your reputation will be ruined and your business be in tatters. If you do not have a copyright licence to use and publish any photos [even those that you have taken!!!]  you are in trouble.

 

I had the opportunity to be a Second Shooter for the High School Superstar production in the State theatre, Pretoria on the 16th March 2013 for Deon van Wyk of Out of Africa Photography and although I have taken the above photo the logos of both the production as well as the Main Photographer must appear on the photo if I want to use it for my portfolio or publish it somewhere - this is a limited copyright licence to me as Second Shooter.
When you receive compensation or remuneration  or money’s worth [as the Copyright Act says] for taking photographs you are a professional and you should act accordingly, even if you are a second Shooter. The best way of sorting out all problems relating to Second Shooting is to have it in writing and which authorizes you how and when or where to use the photos. It is astonishing to see how few photographers use a formal Second Shooter agreement to regulate their rights and obligations, especially the copyright licence of what to use and how to use it.  There is, in my opinion, also a duty by the Main photographer [in the absence of a written formal Second Shooter agreement], to inform the second shooter who owner will be of the copyright involved with the shoot, however, my advice to Second Shooters is not to take a chance - get a written copyright licence.



Copyright info for this photo: Model Thuli Mkwananzi; MUA: Nolene Huisamen [Teach me Studios]; Fashion Fettishhh Lingerie; at Gabbato Lodge with Photo Hackers Workshop
Even as Second Shooter you need to know the principles of copyright, what pictures to take and make sure that you do not infringement any copyright. You need to now what copyright information you should disclose with your photo - for the Fashion Shoot photo above the copyright licence required all photographers to disclose the name of the model, the makeup artist, the fashion designer, the location and the "Workshop"details.
Copyright falls under Immaterial Property rights and is capable of being sold or transferred by the legal copyright owner. To protect their copyright and other rights I have seen many professional photographers when employing Second shooters is that they supply the memory cards to the Second Shooters and after every 30 minutes or so download the memory card onto a laptop or similar device and format the cards before giving it back to the second Shooter, or they simply download the Second Shooter’s cards onto the device and then format it. This is a very popular practice at shoot-and-print events, but in the end the Second Shoot has a duty of care and diligence, bona fides, honesty, loyalty  and integrity towards his/her  Employer.
The reason why a Second Shooter would normally agree to act as a second shooter is to gain experience in a certain genre of photography and to obtain the right to use some of the photos he/she has taken during the shoot to build their portfolio, even although those images belongs to the Main Photographer as I have described earlier.  If you have not specifically made it a term or condition of your agreement you would not have a leg to stand on in court – you should include this in your Second Shooter agreement and make sure that you have the proper written licences to publish the photos. 

In conclusion I will strongly advise photographers to have properly drafted Second Shooter agreements by their lawyers to stipulate the rights, duties and obligations of the parties.
Lastly remember you, as second shooter, cannot have more rights to a photo [even if you have taken it] than your employer i.e. the Main Photographer or the Client. For example if there is a limitation on the Main Photographer that ony certain photos may be used you, as Second Shooter will have the same limitations. I have shot a series of photos with a well-known singer and of the 50 photos I have taken I am allowed only to publish 5 of them - what do I with the rest? I have to discard them as they cannot be published.

©2013 Loftus Viljoen