TWiP #281 – O Canada O Copyright


Hosts: Frederick Van Johnson, Derrick Story, Sara France, Doug Kaye

Episode Overview

This week on TWiP:

  • Canadian photographers rejoice over changes to their Copyright Act
  • Tombstone Photography & Military Homecomings emerge as new photography trends
  • Brazilian model uses Hurricane Sandy aftermath as backdrop for a photo shoot
  • SmugMug responds to “passionate feedback” and adjusts it's packages
  • An interview with Gerard Murphy from Mosaic

Derrick Story, Sara France, and Doug Kaye join Frederick Van Johnson to discuss these topics and more on this week's episode of TWiP.

TWiP Contests Are Back!

Our new TWiP Promotions Coordinator Adam Silver is helping us bring back the TWiP contests. We'll be giving away all manner of goodies in the coming weeks, months, etc…

This week we're giving away TWO copies of Syl Arena's Lighting for Digital Photography book, courtesy of our friends at Peachpit Press!

Click the new “Contests” item in the TWiP menu bar to enter this weeks contest. If you win, we'll announce your name and URL (if you like) on the very next show.

Interview with Gerard Murphy

This week Bruce Clarke sat down with the CEO and co-founder of Mosaic – Gerard Murphy. Mosaic is an online backup and viewing solution that allows you to view your Lightroom catalog anywhere and on any device. You can learn more about their service at Sign up for any of their plans and use the coupon code TWiP to save 20% off your account.

You can also follow Gerard on Twitter and add him to your circles on Google+.

Please Support our Sponsors:

This episode is brought to you by:, find over 20 million stock photos, vectors, illustrations, and video clips. For 30% off your new account, go to and use offer code TWiP11.

This episode of TWiP is also brought to you by Carbonite On-Line Backup. Whether you have one computer at home, or several at your small business, Carbonite backs up your files automatically and continually. Carbonite is the better backup plan! Try it free at   Use the offer code TWiP and get 2 bonus months with purchase.

Connect with Our Hosts & Guests:

Sara France: or Twitter or Google+

Doug Kaye: or Twitter or Google+

Derrick Story: or Twitter or Google+

Frederick Van Johnson: or or Google+


Pre-production by: Bruce Clarke

Post production by: Suzanne Llewellyn

Bandwidth provided by: Cachefly

Intro Music by Scott Cannizzaro

Photo Credits: Shutterstock

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  1. First, I love the show, thank you for help us amateur photographs to learn based on your experiences. I know the Copyright topic is very extensive and a couple of times was mentioned in the show but today i was surprise that Sara France said that she is worry free no registering published photos; I’m no expert but was thinking what if a customer photos got stolen along with a device and all these photos for this wedding end up online claimed for other people in other country that are theirs own photos, this is just one simple hypothetical scenario of many can end having her photos online badly used.

  2. It blows me away how, no matter how many times you have lawyers on the show, you still can’t get the copyright stuff right. Seriously some dangerous information in this show about copyright and registration that’s just blatantly wrong. Truly bad information that’s putting listeners at risk of losing important legal rights. You’ve just lost a listener.

  3. Hi Fredrick, in the last episode you mentioned several photo sharing websites but have you ever looked at or reviewed and I have photos on both. They are very economical and have a good feature set.

    Keep up the good work!


  4. Hey Frederick, I won’t go as far as your other commenter and stop listening to TWIP, but seriously, haven’t Jack and Ed pounded this stuff into your brain yet! ; ) The one thing they stressed on the last episode they were on was this: The #1 mistake photographers make when seeking legal advice on copyright is ASKING OTHER PHOTOGRAPHERS! I’ll leave it at that. (Love the show, as always.)

  5. It seems like you stay on a subject too long. The podcast would be more interesting, if you would move to the next subject sooner. One hour and 47 minutes is a long time to cover these few subjects.

    1. I have been listening to TWiP for years and it’s one of my main issues with the show. While I like the casual chit chat to a point, I think the lack of focus prevents TWiP from being a truly great podcast. I still listen, because the show is current and covers all the news. But limit the unfunny jokes and just edit better would help a ton. There are a million podcasts on photography and and I don’t know if TWiP is happy where they are right now, but I’m sure they would grow if they just trimmed the fat a bit. I also they they need to rotate the guests more, there are so many great active photographers on G+, that would give a fresh voice to the show. (don’t know how popular Trey Ratcliff’s Google Hang outs are, but you get a lot of new faces.)

      That said, I do enjoy TWiP. Frederick and the guys give us a free good podcast every week. 🙂

  6. Hi Frederick! I love listening to your show and can’t wait for it to arrive on my Android every week. I wish it were twice a week. 🙂 I would like to point out something about what Doug Kaye said about not being able to register your photos if they were published more than 90 days ago. According to book that Jack and Ed wrote, that is not true. After hearing your interview with a couple of weeks back, I went out and purchased it. According to those guys, if you register a published work late, after 90 days, then that registration will not be retroactive. It will be in effect on the date you registered it so, it will be protected as any registered image for any future infringements.

    If you register it within the 90 day window, then the image will be protected retroactively back to the day it was published. And, as they say in the book, a late registration is still better than no registration. Love the show! Give us more please!!! 🙂

  7. Frederick I left Smugmug a couple of years ago in favor of
    They are a great bunch of folks. Talk to Laura Tillinghast, she works for them and is a great photographer as well.

    If you want discount on use my referral code: SJB-BME-FNX

  8. I register all of my images, and am very aware of all the copyright laws. Doug doesnt know what he is talking about. He is clearly a beginner, and I am not sure why he is on the show. His info was dead wrong on registration. You need to let the listeners know that he was wrong in regards to registering published images. Stop giving out advice that could damage listeners. That being said, I love the show, and wont stop listening, because you are a great host, and it is a great show, but had to scold you guys on this last show.

  9. Hello, The articulation around the changes to Canadian Copyright Law as expounded on this episode is factually incorrect. I have sent you a direct email via the Contact page to explain what actually occurred.

    Candidly, the lack of research into a simple topic was disappointing and the lack of comprehension by your guest hosts, particularly the “stated as fact where facts are irrelevant” position taken by Ms. France will continue to encourage me to skip all episodes where she is present.

    I would propose that whenever a question pertaining to copyright comes up that the answer is to refer the questioner to an intellectual property lawyer or worst case to Mr. Greenberg’s and Mr. Reznicki’s excellent book A Photographer’s Survival Guide. It, unlike your guests, actually coveys accuracy.

  10. Fred,

    A few months back you interviewed the founder of It seems like possibly a good alternative to Smugmug at a good price where I could still sell my photos with pricelists, multiple galleries, etc.. and still retain Bay Photo as my printer. I have never heard anything else about them though. Have you looked into them any further as a Smug alternative? Or is there any particular reason you’ve ruled them out? I’m seeking an alternative for when my Smug account expires in April.

  11. Hey Fred. Glad to see you guys giving other hosting companies a shot. Especially Zen. They are a great, if not the best, host in my opinion. I’ve been using them for 2 years but unfortunately have to leave them now. One caveat your listeners should know is that Zen’s printing partner (MPix) refuses to print artistic nudes or anything that may contain nudity. They will print implied boudoir but nothing artistic nude.

    1. As a side note, I would have stayed with Zen if they had another printing partner other than MPix. Zen is a great company and have the best user interface and customization I’ve seen.

  12. Can’t tell you how frustrating it was listening to the condescending tone as the TWiP panel discussed Canada catching up to the US in terms of copyright law. ten minutes of yelling at my iPod hoping someone on the other end might hear me! It was blindingly obvious none of the guests had actually read or researched the subject as ALL managed to not only miss the relevant points but made several critical factual errors. BIG errors.

    Just because we choose not to follow the US lead into broken legislation that serves a few influential stakeholders does not mean Canada is “behind” but rather we choose a more balanced approach. In fact. some might say we’re ahead of the US. For example, a photographer, even a paid full time employee, automatically owns the rights to the images he takes unless those rights are assigned under written contract whereas the US says if the photographer is a legitimate (W2) employee then the employer owns the rights. All this happens without any specific need to register a work. This is in stark contrast to the US system that not only gives (under certain situations) ownership to other but can also require payment and registration if any significant damages are ever to be claimed.

    Were you aware that same canadian law gives copyright holders the right to pursue file sharing but limits the damage to individuals at $5,000 total? not per infraction… but TOTAL. Doesn’t that seem more fair than the multi-million dollar lawsuits the american RIAA pursues against ordinary citizens? How can you honestly say anyone is “behind” when compared to the american model without breaking into embarrassed laughter immediately afterwards?

    So be aware, not all your listeners are americans and some of us find the arrogant attitude highly insulting. Your system is HIGHLY flawed so if you’re going to discuss the canadian version then at least make an effort to understand the subject matter rather than arriving unprepared and making such patronizing and blatantly incorrect statements. Otherwise you’re just contributing to the stereotypical image of americans as ignorant and self-centered.

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