As part of our ongoing efforts to showcase some of the fun effects you can apply with photoshop, we're going to touch on how to selectively desaturate an image. There are multiple ways to achieve this type of effect; each method involving the utilization of Photoshops massive tool box to do the work for you. We’re going to go over a couple of different ways to selectively desaturate, but first, what does that even mean?
‘Saturation’ is a term used to describe the intensity of basic colors that make up an image. As such, the lower the saturation of the image, the less intense the colors. When an image has no saturation at all (see: desaturated) , it becomes a black and white image. ‘Selective saturation’ usually involves converting an image into black and white, with the exception of a single part of a photo that remains in color. Often, the part of the photo left in color is the primary subject.
Thousands of photographers have used this technique, with varying degrees of success, for a long time. We won’t claim that our example here is going to be high art, but it should serve as a nice guide.
As in our previous tutorial , we will be achieving this effect by shooting our subject in natural light. Unlike our previous tutorial, however, this affect can be achieved by shooting in a controlled light environment, so if you’ve got some off camera strobes you’ve been itching to fire, feel free to bust them out!
For this tutorial, we will be shooting a sleek Lotus Elise, parked right outside our offices. Because the majority of this tutorial has to do with Photoshop, we won’t spend too much time going over your camera settings. The car I’m going to be shooting is bright orange, a perfect color for this type of project. When shooting, however, keep in mind that you want your subject to be much more bold than usual. As such, I recommend taking a good light reading, then knocking your shutter down one or two steps to really get that color to pop. Doesn’t have to be too dramatic; remember, you’ll have a chance to tinker with your light settings later in Photoshop.
Once you’ve got an image that you feel will work, upload it to your computer and open up Photoshop.
The quickest and easiest way to go about doing this involves creating a copy of your current layer. Click over your image in the Layers Palette on the bottom right hand corner of the screen. Right click the picture, and select Duplicate Layer.
This will create two identical images, one on top of the other. You may already see where I’m going with this. Select the top layer in your layers palette, go to Image, and hit Desaturate. You now have a black and white picture laid directly over a colored picture.
This essentially means that if you were to grab your eraser tool, you could erase away the black and white image leaving the colored image below. Though this may sound easy in concept, it’s extremely easy to botch such a method, mainly because if you accidentally erase outside of the car, the color will spill over.
In order to counteract this and keep your image looking as professional as possible, I will be covering two easy ways to selectively desaturate any focal point in an image. Both of these methods can produce a professional looking photo, and can both be done quickly and efficiently with some practice.
Understanding the uses of layer masking can be an integral part in understanding the basic concepts of PS. In this case, we have a desaturated ‘layer’ covering over the original saturated image. By using a layer mask, we can choose which parts of the mask we would like to change, and which parts we would like to remain the same.
In the instance of this tutorial, we want to keep a black and white, desaturated background, but we’d like to bring the colored car in from the picture beneath. To do this, select your Layer Mask tool on the bottom right hand corner of the screen. This will create a mask over your top layer that will appear as a white box.
Make sure to select the white box¸ as you will be drawing on this mask to achieve your desired effect.
Once you’ve selected the white box, select the brush tool (B), set its opacity and flow to 100%, and choose a nice, large, solid brush. Begin painting over your car. You’ll notice that your brush isn’t simply swiping black strokes across your canvas; this brush is bringing the color back into the car! Keep in mind, however, that painting outside of the car will cause the color to bleed out; a common issue that can ruin the effect. For the time being, however, don’t worry about the spillage. Grab a huge brush and just paint around the general area of the car so that the whole vehicle is properly colored. One of the benefits of a layer mask is that we can go back and touch it up afterwards.
After taking a huge brush to the photo and painting on the layer mask, I came away with something like this.
You’ll notice that the car is fully colored, but so are segments of the surrounding background. Layer masking offers a simple solution to this problem. Reselect your brush tool. Hit ‘X’ on your keyboard to alternate your back/fore ground colors, and switch to a white brush. When layer masking, a black brush unveils the image below, but a white brush fights to keep the image black and white. Zoom in on your image, and lower the size of your brush. With your new white brush, carefully paint away the color that has bled over. If a particular segment is giving you trouble, zoom in even closer and/or choose a smaller brush. Also keep in mind that alternating between a white and black brush while layer masking is key to selective desaturation with layer masks.
After carefully brushing away at my car, I came away with this.
You’ll notice slight errors on some of the corners of the car. This can be easily corrected by switching back to a black brush ‘D’, zooming way in, and correcting the mistakes.

You can zoom nearly infinitely with Photoshop, so don’t be afraid to realllllly get in there to correct your colors.
After a couple of minutes of touching up, this is what I came away with.
Remember, when using layer masks to achieve this effect, alternating between black and white brushes and exercising patience is key.
The Pen Tool can be a little daunting for people upon initial use, but learning to master it can truly open a lot of creative doors for future projects. The pen tool allows you to accurately trace nearly anything. The importance of a thorough trace? Well, if you’ve got a situation like this one, a proper trace will ensure you ‘color inside the lines’ so-to-speak.
The pen tool works a lot like a connect-the-dot puzzle. Put your cursor where you’d like to begin and click once. A small square will appear. Your next click will connect that initial square to another square, and so on. You’ll notice, however, that the line between each of the squares is straight, which in turn makes it quite hard to trace a car (or any object) with curves.
In order to get the hang of using the pen tool, open this image. (Note: If you’ve already had experience using the pen tool, skip ahead a couple of paragraphs, as this will simply cover the basic concepts.) We’re going to try and make an accurate outline of this pen. In order to do, let’s start around the middle, just underneath the cap. Select the pen tool and make your first selection. Since you’re connecting your points in a straight line, scroll along the length of the pen and connect your first two points by simply clicking once. Continue towards the end of the pen.


Uh oh. Now we have a problem. The tip of the pen is curved, and the pen tool only seems to connect in straight lines. We’re going to have to curve the line. How is this done? First, draw and connect two points from the one side to the other, as shown below.
Every line drawn by the pen tool can be curved or warped in any way you see fit. In this particular instance, left click the center of the line you’ve just drawn to create a new point in the middle of the line. Now hold CTRL to access your pens warping tool. This should change your icon from a pen icon to a mouse icon. Grab that middle point, and pull it outwards so it properly warps to fit the curved end of the pen. You’ve just curved your first line!


Just to make sure you’re getting it, let’s finish the trace.
We’ve pretty much got a straight line from here to the edge of the pen cap, so go ahead and punch that in.

You’ll notice in my example that I slightly overshot, and that the back end of the trace cuts a bit of the pen off. Again, this can be addressed easily with your pens warping tool. I selected a nice middle point, and simply pulled the trace slightly down to accommodate the shape of the pen.
Now we’ve reached the end of the cap, with another curve we’re going to need to trace. This will be done exactly the same way as the opposite end.

Draw a straight line from bottom to top, select a middle point, hold CTRL, and pull that point outwards to create a curve.

Now that we’ve got an accurate trace, close the ‘path’ by reconnecting your final point to the one you started with. You’ll know your path has been complete when a small circle appears next to your pen icon.
That wasn't so bad was it? Now that you know how the pen tool works, lets see how we can easily apply this to our selective desaturation tutorial!
Like before, open the image you would like to use in Photoshop. Duplicate the layer, and desaturate the newly created layer. Again, you now have a black and white photo over a colored one. This time, we're going to use the pen tool to 'select' the car in the image, which will drastically speed up our coloring process and do away with the need for all that touching up we experienced with the layer masks. Select your car the same way you learned to select the pen (the actual pen, not the tool...I just realized how that could be confusing). Trace slowly and carefully, and curve lines where you need to. My trace looked like this (seeing the trace is kind of hard, click the image to enlarge).
Remember, the accuracy of your trace is entirely dependent on how much time you're willing to spend on it. Zooming in and curving correctly are very important, so take your time, and don't be afraid to step backwards (ALT+CTRL+Z) if you make a mistake!
Now that you've got your trace, here comes the fun part. Head over to your Paths tab on the right hand corner of the screen. Here you will find a tiny image of your trace.

Right click the image,and click on Make Selection. This option allows you to take any trace you may have in an image, and select it.
Don't mess with any of the settings in the pop up screen, simply hit 'OK'. You will now have a flashing line selection drawn around your main subject.
The main point of selecting anything in Photoshop is to focus the program on that selection and nothing else. Think of making a selection as setting boundaries that can't be crossed, no matter what. Since you have a selection of a black and white image over a colored one, and you want the car in color, maybe it's time to grab the eraser tool (E). Select a nice, big brush, and make sure your opacity is set at %100. Now begin erasing your top layer away. Because the car is selected, it's impossible to erase outside of the boundaries you created!
When you're finished, hit CTR+D to deselect your subject, and have a close look at your colored subject. The more time you spent outlining, the less imperfections you'll find. Still, as with layer masking, if you do notice any parts you may have missed, zoom way in with your eraser and fill them out.
As selective desaturation is often used for commercial photography, I've added a little pizazz to the final image and came up with this:
In non-tech news, this photo makes my baby look drunk or something: http://bit.ly/aVy3NF lol!
[Direct Link]How Twitpic Face Tagging Does & Does Not Work (Yet) http://bit.ly/cMVMXe
Any of Facebook's over 400 million users will immediately recognize some new features on popular Twitter photo-sharing service Twitpic today as users can now tag people in their photos. In an blog post this morning, the two-year-old company announced it had passed the 10 million user mark that it sees 40 million unique visitors each month. The company says they are releasing their Face Tagging functionality "to show [their] thanks" to the community, but could it bring headaches and worries with it too?
Face Tagging literally works exactly like tagging photos on Facebook. While viewing a picture, the text "In this photo:" is displayed below it with a link to begin tagging the photo. By clicking the link, users can then pinpoint people's faces in the photo and a box will appear around the face, as well as a pop-up dialogue box in which to enter the person's name and Twitter handle. Once done, users hit the "Done Tagging" button to return to normal browsing functionality - just like Facebook.
Honestly, the only difference between tagging photos on Facebook and on Twitpic is that the "Done Tagging" button appears above photos on the former and below photos on the latter. While Twitpic's new functionality is a dead lift of Facebook's long-existing photo tagging feature, it is smart to copy the social networking giant. Why re-invent the wheel? Instead, Twitpic is giving users a familiar experience, making the process easy and intuitive.
When users tag a face in a photo, by default they can send a rather dry tweet announcing the tag and including the user name of the person tagged, effectively working as a notification. First of all, the inability to personalize this message is a bit of a downer, but you can always just uncheck the box and send out the tweet yourself. Secondly, by default it does this every time you tag a person in a photo. You thought Facebook notifications were bad? Just wait until someone tags a photo with ten people and unwittingly tweets the photo out ten times.

Additionally, the only way Twitpic alerts users that they have been tagged in a photo is via Twitter - so users could be tagged in hundreds of photos and not know it if the tagger chose not to tweet the tags. Users do have the ability to delete tags of themselves on other people's photos, but right now the only way of knowing of such photos is to be sent the tweet, which not everyone will choose to do.
In a phone interview today, Twitpic founder Noah Everett told ReadWriteWeb that additional features, like the ability to view photos you're tagged in, are in the works and should be out in a few weeks. The goal, he says, has been to launch the tagging feature and use user feedback to determine the next logical step.
That next logical step, for many users, may be privacy controls - something the new feature lacks. On Facebook, users have the ability to manage photos they have been tagged in and remove their association from a photo once-and-for-all. The only option related to photo tags for Twitpic users is the option to allow other people to tag their photos. Everett says they are looking into possible privacy controls, such as a blanket rule preventing anyone from tagging you, or specific user-based bans to avoid those "crazy ex-girlfriends", as he put it.
Personally, I use Twitpic mainly as a means to an end - I upload photos to the service for sharing on Twitter via a mobile application, which means I don't visit the Twitpic web interface too frequently. How am I supposed to know when I'm tagged in a photo if the user tagging me chooses not to tweet it? Even if I visit the Twitpic homepage, there is no way for me to view an aggregated list of photos I am tagged in and no system for notifying me of such photos.
Everett says they are looking into ways of notifying users, including email alterts, but hopes that eventually app developers will add the functionality using Twitpic's API. I guess the good thing is if someone decides to surreptitiously tag me in a photo, for now the general public has no real great way of finding it either.
The other important thing to note from the launch of Twitpic's Face Tagging functionality is that it is a new stand-alone platform for a third-party application to another service. What that jumble of words means is that when other Twitter-based photo sharing apps add this functionality, it will be nearly impossible for users to effectively aggregate their tagged photos (and other meta-data) across platforms. With the low barrier of entry to Twitter applications, it seems likely that Twitpic's competitors would adopt similar features to keep up.

I spoke with Thomas Vander Wal, father of the phrase "folksonomy" which refers to collective tagging of meta-data, and he shared some interesting insights into this situation.
"Since others have done similar things on other platforms (Facebook, Flickr) the [intellectual property] is fuzzy and Twitpic can't claim it, so others are free to jump in," Vander Wal told ReadWriteWeb. "It would be in Twitter's best interest to build a central aggregation point for this."
This is exactly why Twitter is rolling out annotations, which have been testing recently and should be out soon. The annotations will create a standardized framework for third-party apps to build from, making interoperability between services much easier. Everett said he actually spoke with people from Twitter today about "coming together" and "rolling [tagging functionality] into annotations."
Strangely, however, Twitter mentioned in April that they planned on having "trending annotations" and letting developers battle for standardization. It would make sense that meta-data for tagged photos could be added to Twitter's annotations, and if the services adopted the standard, aggregation would be simple.
If not, then the entrepreneurial community, "somebody like PixelPipe" as Vander Wal suggested, would need to create another third-party Twitter service that would handle this aggregation - not an ideal solution going forward. We can't blame Twitpic for this fate: what they're doing is good in terms of pushing the platform forward. We can, however, bring up the privacy issues they've have raised with their new service and its apparent lack of controls, but then again, it is a brand new feature and more functionality is on the way soon.
Tagging photo courtesy of the LA Times
DiscussHow Twitpic Face Tagging Does & Does Not Work (Yet)
- Sarah PerezHow Twitpic Face Tagging Does & Does Not Work (Yet)
- (jeff)isageekEveryone who attended the #mashablesummit got a free phone, thanks to Motorola. Photo: http://twitpic.com/1v2ng8
[Direct Link]When they were young.. at Rachel's... aw
- anna sauceStill showing that awesome tummy!
- BashAt the slightest suggestion of course. I love how industrious Moxie is
- anna sauceShe's still industrious. Industriously nipping at Sebastian's hind legs and tail, trying to start a fight. Poor old dude. :P
- BashLOL I'm so glad I get to hear about how they are doing. It seems so strange that they are so grown up already. They should both have birthday's coming up soonish. Maybe end of July? I should go look it up.
- Rachel Lea FoxI think that sounds about right, either the third or last week of July. Would love to know if there's an exact date, but imagine that's hard to tell when they're scooped up off the street...
- BashThere is no official date unfortunately. I got them on August 6th, and at the time I thought they were around 3.5 - 4 weeks old. Now I think they might have been 3 - 3.5 weeks old. So we will stick with 3.5 weeks as a pretty good guess. That would put their birthday somewhere around July 13th-ish.
- Rachel Lea FoxBastille Day! (July 14th).
- anna sauceThere you go! sounds good!!
- Rachel Lea FoxMy half-birthday is around then too, and my Saint's Day. I'm a regular encyclopedia of anna-specific festivities.
- anna sauceLOL oh me too. One of the many reasons I'm so into Halloween is that it is also the eve of my half birthday! :)
- Rachel Lea FoxWhat a difference 10 years of success does, you smug bastard. (I kid! I kid, because I love.)
- Mark TrappPhoto: themagiclantern: http://tumblr.com/xzcb30lvi
[Direct Link]
Two months after its launch, there are no shortage of RSS readers for the iPad. But I’ve tried most of them, and still find them all lacking in some way. In fact, the one I’m still using the most is not optimized for the iPad at all — Reeder. As we noted back in March, with the 2.0 launch, Reeder finally brought an excellent RSS app to the iPhone. And shortly, it will be bringing an iPad-native experience as well.
The app was submitted to the App Store for approval three days ago, the developers noted on Twitter. That means we should expect it any day now. It will be a separate app from the iPhone version and will carry a new, slightly higher price, $4.99. But judging from the pictures below, and one stellar preview from MacStories, it will be worth it.
Below, find some screenshots of what it will look like. One nice touch is that sets of feeds can be drilled into using the pinch gesture, similar to the way you unbundle pictures in the iPad’s photo app. It’s also worth noting that if you have a blog and want one of the big favicons to appear, you should put a 120×120 apple-touch-icon.png file on your server.








Photo: Kazuo Ohno http://tumblr.com/xqgawngef
[Direct Link]Photo: English Russia » Welcome to Abkhazia http://tumblr.com/xqgawn9dq
[Direct Link]Later this week we will be launching a brand new dPS eBook on the topic of Travel Photography – written by travel photographer Mitchell Kanashkevich. This post, written by Mitchell, is the first part of a short series introducing some of the mistakes many new travel photographers make.
As you can gather from the title, this post relates to travel photography. However, I want to note that travel photography is a broad topic and so for most part, the mistakes that I’ll discuss here are actually made by the majority of those of us who are in the beginning of our journey into the world of photography, regardless of the genre we’re involved in.
Because I wanted to go into some detail and to provide some visual examples, we’ve decided to split this post up into two parts. Without further ado, here’s part I and check back for part II tomorrow.
The two main misconceptions that we most often have about equipment when we’re starting out in photography are:
A camera doesn’t take the photo, nor does any piece of photographic equipment. Photos are made by you – the photographer. Sure in some very rare cases you might have a technical issue with a camera body or a lens, but for most part that’s not the concern. Most of the essential photographic gear is better than good enough these days, it has been for the last five years or so (with the development of affordable digital SLRs), one just has to know how to use it to its full potential.
My advice here in short is – forget about chasing the latest, greatest stuff. Get out there with what you have, figure out how to get the most out of your equipment, learn when to use one lens over another, when to use a tripod and of course, learn about the basics of photography – setting the aperture, shutter speed and ISO. This might seem like the most obvious advice imaginable, but somehow so many aspiring photographers still think that it’s all about the equipment you have, there’s just nothing further from the truth.
When I refer to research, I simply mean gathering as much information as possible about the place you’re traveling to. The best time/season to travel, the DOs and DON’Ts, the modes of transportation – these are the necessities, that we must find out about before every trip in order to have a smooth experience not only as far as photographing, but traveling in general.
Beyond the necessities, when photography is the main focus of your trip, it’s worth finding out as much as possible about what’s visually special in the place you’re going to. Sometimes this isn’t going to be obvious, you might have to dig a little, but when you do, a great number of photographic opportunities arise.
I’ve chosen to include the image above because the story behind it is a good example of what even simple research can lead to. The photo depicts a Namboodiri boy (priest caste) chanting the Vedhas (which can be described in short ancient Indian bits of wisdom) in a traditional Vedhic school in the town of Thrissur. This place (the school) is not a major attraction, it’s not something that the regular visitor travels to Thrissur for, but to me it provided an incredibly interesting photographic opportunity. Despite the fact that I would have never just wandered in there by random chance, as the school is isolated from the main town, it wasn’t at all hard to find it or gain access to shoot there, it was simply a matter of knowing that it existed.
The reason I knew about it is very simple – I researched and by this I don’t mean that I did something complicated and difficult. I went into the tourist office and chatted to the staff there, telling them that I’m a photographer and that I’m keen to see anything that’s visually interesting and unique in their town. After “picking their brains” for about an hour I got a few bits of useful information and the traditional Vedhic school was one of the places I realised I just had to check out.
A lot of travel destinations have “must see”, “must photograph” main attractions. Sometimes we get so obsessed with getting an image of these attractions that we fail to see the subjects around them which could be equally or even more photographically interesting.
I’ve been guilty of this numerous times in the past and so these days I consciously force myself to look at what else there is to photograph besides the obvious. Sometimes this might even mean that I stay at a place for an extra day or two. I photograph the main attraction and then discover the lesser known yet still photo-worthy subjects. This is how the following image came to be. It was taken in Bromo National park.
During my first couple of days I shot what everyone shoots there – the Bromo volcano and the neighbouring mountains, from different viewpoints. On the third day, rather than make my way to another viewpoint from which to photograph the volcano and mountains at sunrise, I decided to purposely focus my attention elsewhere. I rode around the area on a rented motorcycle and noticed the spectacular scene of these horsemen walking in the fog through the surrounding volcanic desert.
Not being aware of light means that you simply shoot whatever you see in any given lighting conditions without giving much thought to the whole matter. Your results might have impact on the viewer every now and then and they might sometimes reflect what you want to say and how you feel about what you see, but more often than not that won’t be the case.
Being aware of light means that you know there are different kinds of light and that the way your image looks will greatly depend on the light you shoot it in. This of course also means that you can make a conscious effort to photograph in the kind of light which will reflect what you want to say and how you feel about the subject you’re photographing.
Let’s look at a simple example.
The landscape in the image above looks beautiful, vibrant and dramatic because it is lit by the golden light during sunrise. I made a conscious decision to photograph in this kind of light because I knew that it would bring the colours present in this scene to life and it would basically “beautify” everything.
The light enabled me to create an image that reflected what I wanted to say – how beautiful Transylvanian countryside is, as well as to communicate the excitement which I felt. Had I photographed the same scene without considering light, I could have very well ended up with something much less dramatic. I would have likely just photographed the landscape the first time I saw it and that was on an overcast day, when the light made everything look rather grey and drab.
As we get a little more familiar with light and begin to develop an understanding of how it effects our photographs, a lot of us tend to move away from using artificial light, especially flashes.
The reason most of us do this is because we don’t have enough knowledge about artificial light. It’s true that the on-camera flash should indeed be avoided at all costs, but it’s not the only available artificial lighting option and avoiding artificial light altogether means you’ll never see what you can achieve with it, which in my opinion is a big mistake.
The artificial lighting tools that I consider a great addition to any serious travel photography enthusiast’s kit are an off camera flash in a softbox and/or a reflector. The reason these tools are great is that they allow you to control the light or to manipulate it. This opens one up to a whole range of creative opportunities or even opportunities to make photographs in situations where it would be impossible to do so otherwise. The following image is a good example of this.
The only reason I could make this shot was because I had the artificial light from an off-camera flash in a softbox “assisting” the light from the fire, which on its’ own was no where near strong enough to allow me to make the kind of photo I wanted.
Without getting into too much more detail because of the constraints of a blog post, I will say that artificial light is a very exciting topic. If you’re interested in learning more about it, particularly portable, artificial light in the form of an off-camera flash and a reflector, you can check out my eBook “Seeing the Light”, which was featured here on DPS a while a go. Find out more about Seeing the Light.
Stay tuned tomorrow for a continuation of this topic and another 5 mistakes travel photographers often make.
Post from: Digital Photography School - Photography Tips.
5 Common Mistakes Aspiring Travel Photographers Make (and How to Avoid Them)
"As you can gather from the title, this post relates to travel photography. However, I want to note that travel photography is a broad topic and so for most part, the mistakes that I’ll discuss here are actually made by the majority of those of us who are in the beginning of our journey into the world of photography, regardless of the genre we’re involved in. Because I wanted to go into some detail and to provide some visual examples, we’ve decided to split this post up into two parts. Without further ado, here’s part I and check back for part II tomorrow."
- Kol TregaskesMemorial Day in the US is a holiday to celebrate those who died in service to our country. That’s never how we celebrated it in my family. For my entire life, Memorial Day has meant traveling to cemeteries and bringing new flowers, tidying up the graves, things like that.
Growing up, that was my grandparents’ task. Now, my parents do it. Soon-ish, it might fall on me.
I use the day to remember people who have passed in my life, people who mattered to me, relatives who are no longer around. Plus, I remember and am thankful to those who served our country in whatever capacity, not just those who answered the call to arms.
But how I see memory and how I honor the past are very different than my relatives. How I view physical space is different. My family is mostly from Maine. I live in Massachusetts, but travel every few days. I don’t think of relatives as gravesites. I think of them as memories. I think of memories in places, like when I travel back to Augusta, Maine, where I’m from. I walked through a bunch of memories in the Old Port part of Portland last night, reminding myself of relatives and friends I’ve lost touch with along the way.
Are some of us set to see only the now and the tomorrow? Are some of us far less wrapped in their history, the first chapters of their story? What does it mean when you’re set in either direction (past or future)?
I look at the picture of my boy at the top of the post (a photo he shot of himself two days ago), and I see where he’s going and how far he’s come. In that, I can understand the importance of past on the essence of the now, and the tomorrow. But when I think about the longer stories of our genetics, of our woven memories, I seem much more preoccupied with what I’ll do to shuttle the loom than I do in understanding the weave of yesterday’s yarns.
To you, I wish a day of memory and thought.
Memorial Day http://bit.ly/do4ss5
- TorbjornDiscussion between me and @khoi about using columns in screen design: http://bit.ly/dpGHpI Now it gets interesting!
– Oliver Reichenstein (iA) http://twitter.com/iA/statuses/15083098232
The judge presiding over the ongoing lawsuit between street artist Shepard Fairey and the Associated Press concerning the use of a photo of then-candidate Barack Obama told the parties they should settle and that “sooner or later” the wire service would prevail, the AP reported. But it didn’t convince the opposing sides, who appear as ready as ever to see the case through to at least the next level.
In an e-mail message to paidContent, Fairey’s attorney Geoffrey Stewart said, “We don’t believe Judge Hellerstein’s statement in court today indicates a pre-judgement of the case. We continue to believe there is a strong basis for fair use in this case, and Judge Hellerstein made clear that he hasn’t even begun to focus on the fair use issues.”
The judge made his remarks during a hearing in New York where, according to the AP report, he ordered Fairey’s lawyers to hand in records of discussions Fairey had with his attorneys before he filed a pre-emptive lawsuit against the AP in February 2009. The artist filed his suit after the wire service claimed that his use of a 2006 photo of Obama taken by then-AP photographer Mannie Garciain in creating his famous Hope and Progress posters.
The AP countersued Fairey the next month. The news co-op claims that Fairey used the Obama photo “without permission from the AP, or any form of credit or compensation to the AP or attribution to the photographer.” Garciain is not involved in the suit.
In today’s hearing, the judge also said that the AP’s lawyers could depose Fairey once more. The dispute primarily rests on whether Fairey was allowed to use the photo for his art under the Fair Use Doctrine, which the U.S. Copyright Office says allows for the reproduction of a particular work if it’s used as for the purposes of “criticism, comment, news reporting, teaching, scholarship, and research.”
Money is also central to the case. The AP claims that Fairey made at least $4 million from products and reproductions of his Obama poster. Fairey’s attorney denied the artist had earned “millions,” though the AP story said Stewart’s argument rested on the fact that the proceeds had been given to charities and that financial penalties would likely bankrupt the artist.
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RT @engagejoe Wow, censored by @Facebook, protest photo just removed: http://j.mp/c8h9Uo Getting tougher to start a revolution on (cont…
[Direct Link]Photo: The Geotaggers’ World Atlas #3: Paris (by Eric Fischer) http://tumblr.com/xzcanjiew
[Direct Link]Photo de famille (ou d'addiction, c'est selon). http://flic.kr/p/85VbB3
[Direct Link]RT @kk: REMINDER Photo geeks yer historical Flickr stats r only available to download for 2 more days then *poof* gone forever! http://bit.ly/d3jvbW
[Direct Link]Photo: all night diner (by jody9) http://tumblr.com/xocam399x
[Direct Link]Photo of my newly organized desktop. http://r2.ly/zcej
[Direct Link]Hazy on the concept (#2)? Photo http://bit.ly/ajKLCa
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