Who are you talking to?

A couple of guys chat on the ferry - at least that's what the shadow looks like.

Ribbit

I found this little guy sitting on my doorstep when I walked out of the house yesterday. He's lucky I didn't step on him!

Some days I wanna shoot myself

Multiplicity

This multiplicity thing seems to be all the rage with a bunch of people on Flickr, so I thought I'd give it a shot. At least I had someone to talk to at the top of the mountain.

How far would you go for a pic?

OK...I really didn't go that far for this pic. In fact, I can see my house from where I'm standing. that being said, I can also see Mount Baker, the Sunshine Coast, the Saanich Peninsula and most of the southern Gulf Island. I love being on the Mt. Prevost summit.

Altitude

The peak of Mt. Prevost (altitude about 2500 feet) received a dusting of snowon Monday. I finally made it up there yesterday afternoon.

Radiance

This HDR stuff is amazing. I'm loving the results I'm getting. This is another shot from Port Renfrew.

Storm's a'comin'

Within five minutes of taking this pic at Big Beach in Ucluelet, I was being hit with horizontal rain.

Dragan Face

If you've ever seen the work of Andrzej Dragan, you'd see that Kip here has a great character face - perfect for "draganizing."

Rough hands, soft touch

I took this shot of my friend Kip at a gig in Mill Bay a while ago and pulled it out because I've been learning a Photoshop technique to emulate the phenomenal photo artist Andrzej Dragan.

Heading for the sea

Below the lower falls at Little Qualicum park

Littlel Qualicum Falls

I'm kinda hooked on this HDR stuff. Here's a shot of the upper falls at Little Qualicum Park. I'm actually not sure if I like the HDR effect in this kind of environment as much as I liked the sunset shots....but I'm still learning.

The circle of life

A salmon heads up stream early in the spawning season at Goldstream Park near Victoria. I'm hoping to make it down to Goldstream again this weekend. Maybe there will be more activity this time.

HDR Colors

Here's another HDR composition from my day at Port Renfrew

Walking by the sea

Hikers take advantage of the low tide at Botanical Beach near Port Renfrew. This is an HDR (high dynamic range) image that was made from three photos at different exposures. I just started playing with HDR on the weekend and I absolutely love the results. I have an album of HDR images from this day out on my website.

The Capitol Building is probably the most recognizable piece of architecture in Washington DC and is often mistaken for the White House, which is much smaller and almost invisible as it is dwarfed my most other buildings in the city. This shot of the Capitol was taken from the National Art Gallery's sculpture garden.

I'd like to buy a vowel...

It looks like The Examiner in Baltimore could use a proofreader for the sign on their building.

Vietnam Memorial

Tourists walk by the Vietnam Memorial in Washington, DC. The obelisk in the background is the Washington Monument.

Speeding through sunset

If there was ever a time I didn't want to be driving, this was it. I was driving from the Delaware coast to the DC area and got to the Chesapeake Bay Bridge at sunset. Since I was on the bridge, I couldn't stop or turn around so I just grabbed my camera and started shooting. It's a good thing, because by the time I got to the other side of the bridge, the sunset was pretty much finished. I got this at about 60 mph.

Baltimore Harbor

Baltimore's Inner Harbor is probably the city's top tourist destination.

Just like the commercial!

I was walking from my hotel to the Baltimore Convention Center this morning when I noticed the AT&T billboard and the building in the background. It was just like that TV commercial AT&T is running now.

Back in the news!

The City of Duncan Totem Photography Policy - the one I've had a bee in my bonnet about for the last couple of months - is back in the news today.

The Globe and Mail ran a story about it today. Check it out.

Every time a story on the issue runs, the city just looks stupider and stupider.

I have since found out that the story ran in the Winnipeg Free Press, the Lethbridge Herald, The Vancouver Island Business Examiner, Imaging Insider, Arts News Canada, Shaw TV, A-Channel Victoria, Global TV Victoria, CHEK TV Victoria and the Western Canadian News Photographers Association.

From the bow

The sandstone cliffs of Gabriola Island from the bow of an 18' Whaler.

Sunset arrival

A cruise ship approaches Vancouver as the sun sets. This was taken from a BC Ferry crossing from Horseshoe Bay to Nanaimo.

Golden moment

I got this on the same evening as I shot "Evening Cast." I stopped at this lake at the perfect time just before sunset and caught the wonderful glow of the early autumn colors.

Shooting the shooter

Deddeda Stemler, on assignment for the Globe and Mail, shoots me for a story the Globe is doing on the Duncan totem photo policy. Last I heard, the story is supposed to run in the Wednesday, Sept. 26 issue. It was a great pleasure for me too meet Deddeda and I learned a fair bit just watching her in action. She has a great portfolio online at www.deddeda.com.

Contre Jour

I love shooting against the sun. This was on a boating trip from Nanaimo through the Gulf Islands on Saturday. For those of you who are wondering, "contre jour" translated from French means "against the day." It's a photographic term used for shooting into the sun - or any main light source, for that matter.

Stupid

There's absolutely nothing wonderful about this picture. It's just that every now and again, you see a sign that's so stupid it just begs to be shot. You'd think that if the term "hand brake" is going to be used in a sign, a more appropriate icon would have been used. I like to thank BC Ferries for providing me with this laugh.

Evening Cast

A lone fisherman casts a line into Bear Lake at sunset.

More arts insanity

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Totems? What totems?

Bwa ha ha ha ha! Does this contravene the City of Duncan's totem copyright policy? (see previous post for original photo.)

Sue me, City of Duncan

Here's another photo I took of the totems in Duncan. I did not - and never will - ask for permission to take the photo or to publish it. After sending my letter to the editor and city council as mentioned in my previous post, I was interviewed by a reporter from the Cowichan News Leader and a story about my reaction to the City of Duncan's totem policy requiring authorization for use of images of the totems appeared on the front page of the paper (much to my surprise).

Even more to my surprise, I've gotten requests for interviews from Shaw TV and the CBC! The interviews haven't happened yet, so the coming days should be interesting.

Not to my surprise, Coun. Paul Fletcher, chairman of the city's totem committee sent a letter to the editor calling my concerns "downright silly."

If defending our basic right to freedom of expression is "downright silly," then call me completely stupid because I'm not letting this go. Being called "downright silly" for defending our fundamental freedoms by someone who is not only a professional photographer, but also firmly planted on the left end of the political spectrum is absolutely mystifying.

The city's policy on photographing the totems is wrong on so many levels. As I have stated before, the Copyright Act clearly states it is not an infringement to photograph permanent displays of public art. That alone renders the city's policy useless. Going beyond that, Coun. Fletcher said in his letter that city council "is fully within our rights to control how best these images are used." Wrong again, Coun. Fletcher. Since I'm not infringing on your copyright by photographing the totems, you have zero control over how I use my images of them because the Charter of Rights guarantees me freedom of expression.

Coun. Fletcher's letter to the editor says the simple intent of the policy is "if someone has a project that would result in significant profits we would very likely consider a surcharge or fee to help pay the costs of maintaining and building our public art collection." If that is indeed the intent, it's not reflected in the wording of the policy which states, "the use of the totem images in any form requires approval from the City of Duncan."

Regardless of how well-intentioned the city is in adopting this policy, it's still fundamentally wrong and unconstitutional, and I come right back to the copyright act to demonstrate that.

By the way, this posting is in clear violation of the city's policy as it is written. I challenge the city to do anything about it.

Below is my letter to the editor in response to Coun. Fletcher.


With all due respect to Councillor Paul Fletcher, Section 32.2 of the Copyright Act states:

(1)"It is not an infringement of copyright . . .

(b) for any person to reproduce, in a painting, drawing, engraving, photograph or cinematographic work

(ii)a sculpture or work of artistic craftsmanship or a cast or model of a sculpture or work of artistic craftsmanship, that is permanently situated in a public place or building;"

What part of this does Coun. Fletcher and the Totem Committee not understand? It doesn't matter if the city holds copyright on the totems. They are a permanent public display and it is perfectly legal to photograph them without permission.

If Coun. Fletcher thinks, as he stated in his letter to the editor, our copyright law is "notoriously week," that's too bad. It's the law nonetheless and a municipal policy doesn't trump federal law.

My objection to the policy not about taking photos. It's about trampling a basic freedom guaranteed by our Charter of Rights. As someone who lived in a communist country for three years, I am very sensitive to the protection of basic rights and strongly object to anyone trying to restrict the rights of others. We live in a country where you can wipe your butt with the Canadian flag, call it art and be fully within your rights to do so as long as you are not breaking any other laws. As reprehensible an action that may be, I will defend someone's right to do so.

In presenting 32.2 of the Copyright Act, I believe I have adequately demonstrated the city's policy is completely toothless and plain wrong. I challenge the city to show me any section of the Copyright Act that would support its policy.

Regards

Len Langevin
lml

Taken without permission

Both Duncan newspapers this morning heralded the disturbing news about the newly adopted City of Totems Copyright Policy.

According to the stories that ran in the Citizen and the News Leader, the policy states the City "holds the copyright policy on the totem collection," and that "the use of the totem images in any form requires approval from the City of Duncan," and "Furthermore, the City of Duncan reserves the right to levy a copyright charge on a project-by-project basis."

I have no doubt the city holds copyright on the structures, but the policy disturbs me because it appears to be in contravention of the Canada Copyright Act which clearly states it is not against copyright law to take a photo of any architectural work, or a permanent piece of public art.

Photography of Buildings and Public Art

Copyright Act, 32.2. (1): It is not an infringement of copyright

(b) for any person to reproduce, in a painting, drawing, engraving, photograph or cinematographic work

(i) an architectural work, provided the copy is not in the nature of an architectural drawing or plan, or

(ii) a sculpture or work of artistic craftsmanship or a cast or model of a sculpture or work of artistic craftsmanship, that is permanently situated in a public place or building;

I applaud the city for wanting to control its copyright of the totems, but this policy clearly oversteps its boundaries, infringes on our basic freedoms and borders on extortion. As much as I believe in protection of copyright, I am very much a defender of personal rights and freedoms. Since it is not against the law to photograph public art, permission is not required to take photographs and no one can be prevented from doing so.

Below is a letter I sent to the Mayor and Council as well as to the editors of both Duncan newspapers.

Totem copyright policy oversteps boundaries, borders on extortion

Dear Mayor and Council ,

Although I applaud anyone for protecting copyright of their intellectual property, the newly adopted City of Duncan Totem Copyright Policy oversteps its boundaries. The policy is saying we now have to ask for permission to do something we have every right to do – a right guaranteed under federal law in the Copyright Act.

It is clearly stated in the Copyright Act that it is not against copyright law to take a photo of any architectural work or permanent piece of public art. Section 32.2 of the Copyright Act states:

(1)"It is not an infringement of copyright . . .

(b) for any person to reproduce, in a painting, drawing, engraving, photograph or cinematographic work

(i)an architectural work, provided the copy is not in the nature of an architectural drawing or plan, or

(ii)a sculpture or work of artistic craftsmanship or a cast or model of a sculpture or work of artistic craftsmanship, that is permanently situated in a public place or building;

Under The Charter of Rights and Freedoms, we are all guaranteed the right to express ourselves through photography (or any other art form). We furthermore have the freedom to publish the artwork we take. With rare exceptions under the Security of Information Act which covers arsenals, military installation and other items of national security, anyone can take photos of anything in public, without permission, and it is not against the law.

To take the matter even further, the policy – which essentially prevents anyone from doing something that is fully within their rights – borders on extortion. Under the Criminal Code of Canada, section 346 states

(1), "Every one commits extortion who, without reasonable justification or excuse and with intent to obtain anything, by threats, accusations, menaces or violence induces or attempts to induce any person, whether or not he is the person threatened, accused or menaced or to whom violence is shown, to do anything or cause anything to be done."

If the city truly wants to exercise its copyright of the totems, it should be creating (or commissioning artists to create) calendars, postcards or ornaments of the totems and marketing them rather than putting up barriers to photographers who may or may not be creating any of the afore-mentioned items.

City Hall receiving permission requests to photograph the totems does not mean a policy was required. Based on copyright laws, the answer that should be given to anyone requesting permission is "you are fully within your rights to photograph any public art."

Regards

Len Langevin

lml

Ghostly

I love playing with long exposures and putting myself into the pic.

Big Dipper

I spent part of the holiday weekend at Salmon Beach (near Uclulet) which has no electricity. With no street lights to spoil the view, the stars really stand out on a clear night.

Fair Fare

I've been on the road for the past week or so; this is my first posting in a while. This pic was taken at the Westerner Days fairgrounds in Red Deer. A fair just isn't a fair unless you have a corn dog as my daughter and nephew can attest to.

Blues Man

Tom Lavin of the Powder Blues band cuts into a guitar solo during the band's performance at the Downtown Duncan Festival last week. I saw Powder Blues back in '86 at a bar in Creston, BC and got a pic of Tom in almost the exact same pose and facial expression. I wish I could find that pic.

Before the Splat

This guy looks like he's about to smack face-first into the pavement, but he was just doing some break dancing moves (do they still call it break dancing?) in a parade.

Obsessed

My kid thinks I'm obsessed - just because I take pictures of my shadow when riding my bike. Kids - what do they know?

Cute Kid

I couldn't resist getting a shot of this little guy at an outdoor concert in downtown Duncan. I didn't know who he was, but it ends up he's the son of my neighbor's co-worker.

Remnants of a shower

The morning sun has yet to get to these droplets left over from the previous night's showers.

Insomnia

What do you do when you can't sleep. I go looking for things to shoot. This is downtown Duncan at 3 a.m. It will never be mistaken for New York.

Distraction

Despite the beautiful sunset that was unfolding in front of me, I found myself fascinated by this spider web.

Patience

The above shots were taken about 25 minutes apart from the exact same location, just with the tripod head moved slightly for the second shot. I was about to give up on getting any color in the sky and leave, but a call on my cell phone delayed my departure by a few minutes. After the call, I looked back and quickly set up the tripod again.

Air Time

One of the shots I got from an evening at the skateboard/bmx park.

Shooting tourists

The last time I was on the ferry from Victoria to Vancouver there was a pod of Orcas just beyond Active Pass, so the whale watching boats were out in full force. Unfortunately, the pod was too far from the ferry's path for me to see anything (even with my 500mm lens), so I shot the tourists instead.