By Carlos Miller
A Canadian photojournalist who announced he is giving up the trade because of constant harassment from authorities is now getting defensive towards those who disagree with his decision.
The photographer, Jay Black, stated the following on Flickr where he goes by The Blackbird:
The other stressor that has led to my decision to leave photojournalism is the attention I’ve received from police. Being surveilled many times over the past two years while exercising my guaranteed freedoms under the Constitution of Canada, in covering news stories for The Tyee and Megaphone Magazine, freelancing for such local NGOs as Pivot Legal Society and the BC Civil Liberties Association and supplying photos to the City of Vancouver’s Corporate Communications department, has left me with a chill.
War on Photography wrote about Black’s decision, prompting a photographer named Mark Kalan to state the following:
“Never give up – never surrender!”.
Simple words of encouragement, right?
Not in Black’s eyes.
This was his response to Kalan:
I took a look at your blog and your Flickr photostream and found one photo of a traffic cop writing a parking ticket.
Until you start taking some risks as I have done, photographing police at crime scenes in the poorest neighbourhood in all of Canada, in the lead up to and during the most heavily secured Olympic Winter Games in history with 15,000 police, military and security guards stationed in the Host City, and making those photos public with critical commentary, don’t tell those of us who do to never give up or surrender. You sound like a sports fan who likes to take credit for his team’s success because he was at the game. Trouble is, there’s a big difference between the player taking hits and gutting it out on the field and a binocular-wearing, beer-drinking fan in the nosebleed section bitching because a player on his team went down. The sad thing is, that’s where you’ll stay. You won’t jump in and join the skirmish, you’ll safely kick back like any other armchair quarterback and get fat while those in the field go down. Pretty tough not to “give up” or “surrender” when you haven’t even stepped out onto the field, eh?
Before telling others not to give up, why not try getting involved yourself? And by that I mean more than joining a Flickr group called the harasses photographer. At least then you’ll have earned sufficient respect to leave such a comment here. I still feel harassed … by YOU.
Obviously, Black is a little touchy, perhaps a little too touchy to be out there photographing cops and fighting for basic photographer rights.
As a guy who’s been arrested twice in the last three years for photographing cops and who has been harassed countless other times by security guards – not to mention criticized numerous times on this site by anonymous commenters – perhaps I may have a little more credibility in Black’s eyes to state my opinion.
So here it goes:
Jay, you’re nothing but a quitter. And a whiner. And a drama queen. And that’s coming from someone who’s been accused of being the king of drama queens.
You’re a good photographer and obviously very passionate about your work and your cause, but to allow the authorities to intimidate you into quitting casts a negative shadow over all your work.
A true artist would only get stronger under such conditions.
Perhaps that’s the Canadian in you. Yes, I know that’s a cheap shot, but as an American, the best way to define my spirit is to quote from Theodore Roosevelt’s famous Man in the Arena speech:
It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat.
Now get your ass back into the arena.
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Fernandez, as I mentioned in a 
72 responses so far ↓
1 Nick // Mar 11, 2010 at 3:08 PM
I am a fan of your site, and am a staunch libertarian, but I do have to say that this is the first post I’ve read here that I thoroughly disagree with.
I understand your passion. While I’m not in the ring nearly as much as you are, I certainly have taken my share of minor hits.
At the same time, every man has to weigh their actions, and the consequences of those actions… whether they are legitimate and legal consequences, or the actions of overzealous police officers who are violating our rights.
If he is jailed, or worse, shot, because of his fight… what would the consequence to his family be? Your subsequent post on this website talking about his tragic death or imprisonment would be little solace to his family and loved ones.
Every man has to weigh those consequences for themselves. One of my favorite exchanges in the movie “The Patriot” is:
“And what of your principles?
“I’m a parent. I haven’t got the luxury of principles.”
Sometimes it comes right down to that unfortunate realization. We shouldn’t judge when a man has to make that choice.
2 Nate K. // Mar 11, 2010 at 3:13 PM
Getting harassed for exercising your right to not exercise your photography rights.
Sounds like ripe fodder for the “Not Photographing is Not a Crime” blog.
3 wygit // Mar 11, 2010 at 3:33 PM
Does NOBODY recognize Tim Allen’s character’s signature line from the movie “Galaxy Quest”?
4 Kyle // Mar 11, 2010 at 3:59 PM
I agree with this. Encourage, Carlos, but there’s no reason to be hostile, even if he did go out in left-field on one of his commentors.
5 Nick // Mar 11, 2010 at 4:25 PM
@wygit – Did ANYBODY actually watch “Galaxy Quest”?
6 The Blackbird // Mar 11, 2010 at 4:30 PM
Not that I should assume you’d be interested in hearing anything a quitter might have to offer, but what bothers me most about you and others who have criticized me for turning my camera lens to other subjects now that the Olympic Games have concluded in my city is your exclusive focus on the policing issue as motivation for my decision. That you ignore the primary reason offered on my Flickr site where this information is provided in full is confusing to me. Or perhaps not. You have an agenda here, so everything has to be made to order. There is also evidence in your post that you perhaps took issue with my remark on the Flickr page where I announced my decision about not wanting anything from the United States that led you to take your self-described cheap shot at my nationality, which furthered your desire to insult me. Whatever. I’m not a proud Canadian by any stretch.
Anyway, I mention there that I work full-time and all of my photo work is done in my free time. So what, you say? A lot of freelancers have day jobs, too? But I also mention there that I have a chronic illness with such symptoms as nausea and fatigue. This illness also compromises my immune system which stress can weaken further. My health is my primary concern here, and you completely ignored that in calling me a quitter.
The kind of freelancing I’ve done for the past three years has been stressful, given that my day job is with the City of Vancouver where policy dictates employees are not to argue city policy publicly. What has saved me is the Mayor’s Office, which has shown an open mind and faith in what I have had to offer. Still, it sometimes doesn’t seem enough to dissuade police from taking what I perceive to be too strong an interest in what I do, enough to create stress I can’t live comfortably with from a medical perspective. There is no cure for the illness I have and it will take years off my life. We all do what we can when we can.
If after having spent three years covering the 2010 Olympic’s underbelly – including the $1b security apparatus with a critical eye behind the viewfinder – and have enough self-awareness to admit I am burned out and that this has taken a physical and psychological toll on me, I am a whiner, a drama queen and a quitter in your eyes, so be it. I’m 46, have a chronic, incurable illness that will take years off my life. I did the best I could to help get the “other side”of the Games’ story out. It’s curious that some have thanked me for my service to the community, while others – like yourself – have chosen to insult me. That you justify your criticism by selectively reporting on the police harassment aspect alone – which isn’t the primary reason for my choice to step away from the work – is the tripwire in your rush to judgment. Selective reporting will get you into trouble every time.
When – in a few months – I travel to Haida Gwaii (Queen Charlotte Islands) to take photos of the eagles and beaches, of the ancient totem poles and lush green forests, and just to enjoy the silence, I will look back on my experience covering the impacts of the Games on Canada’s poorest urban neighbourhood and feel proud of what I’ve offered to the people of Vancouver at a time when the biggest security operation in Canadian history had wrapped its tentacles around them. Then I will go back to shooting the eagles.
And you, friend, may or may not drift through my thoughts, depending on whether a fruit fly comes into view at the time. There, that’s the drama queen side coming out for you, right on cue.
7 Neil Carpenter // Mar 11, 2010 at 4:50 PM
Bravo, Jay. Carlos is in the wrong on this one and I would like to believe that it’s only his passionate defense of the rights of photographers that led him to make an ass of himself attacking you.
Live your life and be well.
8 torgeaux // Mar 11, 2010 at 4:56 PM
See, you take an interesting tack here, quite different from the original posting for which you are criticized. As I said at War on Photography, I’m not criticizing your decision to quit, I don’t know enough about what went into that decision. But your attack, uncalled for, on another photographer for not being sufficiently “worthy” was wrong. You should man up and admit that.
As for Carlos’ comments here, well, they address more than I did, and I wouldn’t make them myself. But, I think they were similarly caused not simply by your decision to quit, but your decision to take the position you did at War on Photography.
9 Maz // Mar 11, 2010 at 5:00 PM
I agree with the pack. Reading his words (in the original post) and such, I think back on an episode of House, discussing the main character and a patient who was a virtuoso trumpet player:
I know that limp. I know the empty ring finger. And that obsessive nature of yours, that’s a big secret. You don’t risk jail and your career just to save somebody who doesn’t want to be saved unless you got something, anything, one thing. The reason normal people got wives and kids and hobbies, whatever. That’s because they don’t got that one thing that hits them that hard and that true. I got music, you got this. The thing you think about all the time, the thing that keeps you south of normal. Yeah, makes us great, makes us the best. All we miss out on is everything else. No woman waiting at home after work with the drink and the kiss, that ain’t gonna happen for us.
10 The Blackbird // Mar 11, 2010 at 5:02 PM
Though the commenter on the other blog left a brief and seemingly innocuous statement, described by the author of the above post as “encouraging,” it was based on an unfair judgement arrived at by the selective reporting of the author of the post on that blog.
But you are right that I did over react and was harsh in stating the photographer was unworthy. I don’t know enough about his life circumstances either.
Still, it doesn’t justify the insults received here which, once again, are based on selective reporting and are therefore bogus.
11 The Blackbird // Mar 11, 2010 at 5:03 PM
Though the commenter on the other blog left a brief and seemingly innocuous statement, described by the author of the above post as “encouraging,” it was based on an unfair judgement arrived at by the selective reporting of the author of the post on that blog.
But you are right that I did over react and was harsh in stating the photographer was unworthy. I don’t know enough about his life circumstances either.
Still, it doesn’t justify the insults received here which, once again, are based on selective reporting and are therefore unwarranted.
12 The Blackbird // Mar 11, 2010 at 5:04 PM
Oops. Sorry about that second one. I tried to correct the last work mid-send.
13 torgeaux // Mar 11, 2010 at 5:07 PM
Carlos is passion before all else. And, I frequently disagree with him in method and tone…and this is one of those times.
I hope you continue to fight the fight, even if you don’t go out to shoot in those conditions. I think it likely you’ll have to keep tracking these issues, it’s hard to let it all go. Good luck.
14 Mark Kalan // Mar 11, 2010 at 5:22 PM
And the brass fivigee with twin bronze oak leaf clusters goes to wygit!
By the way – I posted a reply to Blackbird on the photo rights blog mentioned.
thanks to Carlos for bringing his reply to my attention.
15 Carlos Miller // Mar 11, 2010 at 5:22 PM
Blackbird,
Torgeaux is correct when he states that this post was prompted by your response to the other photographer.
You essentially insulted him by stating that his work was not worthy enough to have an opinion on photographer rights.
And you went on to use metaphors that described him as some overweight beer-swilling fan in the stands while you were the grizzled warrior leading your team down the field to victory.
And you continued to belittle him by referring to his choice to join a photographer rights group on Flickr as being insufficient.
And then you had the gall to say he was harassing you.
It was a very arrogant and contemptuous comment. And extremely uncalled for.
All the guy said was to never give up. He didn’t take any personal swipes at you.
Your tone in that comment reminded me of the editors I used to work at in newspapers who would make an issue if one of their photographers got harassed but didn’t see a problem with your average joe getting harassed.
These issues I write about don’t only affect the photojournalists out there documenting poor neighborhoods or police brutality.
They affect everybody, from the photographer who specializes in family portraits to the novice with a cell phone camera.
So everybody is entitled to an opinion. Even if they have not been in the trenches.
16 Carlos Miller // Mar 11, 2010 at 5:29 PM
Mark, can you repost your comment here? It brings a lot to this discussion.
17 Michaelk42 // Mar 11, 2010 at 5:34 PM
Good for you Jay.
I think Carlos is badly misguided in this case.
Michaelk42´s last blog ..Tumblr roundup
18 Mark Kalan // Mar 11, 2010 at 5:35 PM
Here’s the post I left on the War On Photography Blog:
Mr. Blackbird:
I’m sorry if my words of encouragement: “Never Give Up – Never Surrender” offended you. (Obviously you’re not a fan of the movie “Galaxy Quest”) But they were meant as encouragement.
Perhaps you’re anger is because you’re not making the correct moral decision. The psycho-babble folks say that anger is depression turned outward. But it is your life and you must make your own decisions.
As far as your personal criticism of me. Your mistake is making that judgment by my flickr postings. It’s not your fault that you didn’t come up with my experience fighting “The Man” because it’s not from my photographic experience and is PBE (pre blog-era).
As a photographer I chose the fashion route and spent most of my time with pretty girls in Manhattan. I had a good run for a while. I never had the desire to be a photojournalist. Sorry, I don’t have the stomach/drive/stamina for it. Though I do admire and respect those who do.
I gave up my commercial/advertising/fashion photography career and became a magazine publisher in 1994 when I bought a fledgling motorcycle publication called City Cycle. It promised to be more fun and more profitable than photography and during the 13 years I owned it I rode motorcycles around the world on other people’s money and never had to compete for a photo job–but that’s another story.
One cool Sunday morning in April 1996 every police department north of NYC set up roadblocks to stop every motorcycle en-route to an annual fund-raising event called Super Sunday (at the Marcus Dairy) in Danbury Connecticut.
They stopped over 2000 bikes, seized 83 and wrote about 100 summons. They created dangerous traffic situations, damaged every bike they seized and didn’t catch any criminals. Most of the riders were my readers.
I was quoted in all the local papers that “this was a conspiracy of all the local police departments to steal the money from the charities that motorcycle riders and Super Sunday supports and put it into their own coffers”
Then I filed a Federal Civil Rights class-action civil rights lawsuit naming each of those departments and the police chiefs as defendants. We set up a legal defense fund and received donations from bikers worldwide.
My stupidity was that I drove a blood-red Chevy S-10 pickup truck with a red cap and the vanity license plate “MOTOMAG”, Can you say “target”? – In the end I beat every traffic ticket I was issued (except one) by putting the cops on the witness stand and asking simple questions.
Today I’m back doing photography and while I have no desire to photograph cops or the “dirty-underbelly” of anything (except maybe naked girls), rest assured, that if I find myself harassed by the police or security guards I will stand my ground and, if necessary, submit to arrest. Should that happen I am buoyed by the fact that there have been other photo-patriots before me and the legal settlements they have received are more money than I’ve earned in the last few years.
I’m sorry for your situation but what makes me even more unhappy is that there isn’t some lawyer or journalist’s association up there willing to help you pro-bono.
Mark Kalan´s last blog ..Kodak Kodachrome Motion Picture Test
19 akagoldfish // Mar 11, 2010 at 5:36 PM
That’s all fine and good, but it doesn’t account for Mr. Black browbeating someone who offered a fairly innocuous comment.
20 akagoldfish // Mar 11, 2010 at 5:37 PM
Where did Black get harassed for not exercising his rights? What on Earth are you reading?
21 Mark Kalan // Mar 11, 2010 at 5:40 PM
One last (I hope) thing: I’ve got a thick skin – you have to if you’re going to indulge in any creative endeavor. Thanks to Carlos and all those who defended me.
Enjoy your vacation Blackbird.
22 akagoldfish // Mar 11, 2010 at 5:41 PM
I don’t care about you turning your camera elsewhere or whatever it is your doing now. My only beef with you is how you overreacted to Mark’s (really innocuous) comment and turned things into a pissing match. Stupid and uncalled for.
23 akagoldfish // Mar 11, 2010 at 5:46 PM
Well gee, given that Mark’s comment was made based on “selective reporting” by War on Photography, I don’t get why you would get so angry at it? Why go through three paragraphs berating the poor guy when all you needed to say was “dude, you’re not getting the full story.”
I mean, I appreciate that you can admit you were wrong, but that still doesn’t change the fact you reacted to something innocent in an absurd way.
Even if Carlos is off-base about you “quieting” he’s still got you dead to rights over your little tantrum.
24 akagoldfish // Mar 11, 2010 at 5:51 PM
“Your tone in that comment reminded me of the editors I used to work at in newspapers who would make an issue if one of their photographers got harassed but didn’t see a problem with your average joe getting harassed.”
Yes, that was exactly what crossed my mind. “Gee, another newspaper lens slinger who thinks only he has free speech rights.”
I am glad to see that there’s more to Mr. Black than that, but his post still leaves a bad taste in my mouth.
25 NYCPhotorights // Mar 11, 2010 at 6:07 PM
Mark
It’s a shame that Blackbird appears to have misunderstood your intention. I did not see “Galaxy Quest” yet I did understand the spirit in which that statement was intended.
I have mixed feelings – I understand that not everyone is cut out to be a crusader. I posted the story on my blog to highlight what I consider a consequence of the “War on Photography”. In the UK a bus enthusiast abandoned his hobby because he was accused one too many times of being a pedophile and a terrorist. I personally know several railfans who quit their hobby rather than deal with police on a daily basis.
There is only so much people can take. The authorities know this and seem to be intent on wearing us down – one photographer at a time. It is an issue and Blackbird’s experience was an example.
Personally I started out by taking pictures of trains and architecture. In fact the attempt by the MTA to ban photography on the subway was what got my blood boiling and started my blog. Since then both it and my photography have taken on lives of their own.
I still do some railfan photography myself but most times you will find a pinup model in front of my camera
NYCPhotorights´s last blog ..Trains Magazine Rails At Amtrak Photo Policy
26 The Blackbird // Mar 11, 2010 at 6:10 PM
At no time did I say his work was unworthy. All I saw of his work, as it pertains to police, is one photo of a traffic cop writing a parking ticket. That’s all I could find on his stream. If he has more, it’s not easily found.
What I found objectionable about his comment was his assumption that I should never give up. Who is he to tell me what I should do or shouldn’t do? Who are you to do the same? Don’t give up. Sounds strange coming from someone who, from the evidence I’ve found, hasn’t even begun!
I was rude to him and I apologized here. I want to apologize over at the other blog but I am off to work now so it will come tomorrow. I have no idea what he’s written over there.
Glad you’ve got a thick skin Mark. Sorry about coming across as I did. The vacation is permanent.
27 The Blackbird // Mar 11, 2010 at 6:21 PM
Carlos,
Now that I have apologized to Mark, would you kindly respond to your use of selective reporting in calling me a quitter, a drama queen, and whatever else it was?
I’d like to know why you chose police harassment as the one issue to focus on in my reasons for changing directions while excluding the others.
It’s pretty clear that you have an agenda on this page that you wish to further and that adding those other elements to the story to make it accurate would work against what you’re trying to do here.
Would you kindly comment on this matter?
28 The Blackbird // Mar 11, 2010 at 7:56 PM
Also, Carlos, all of the photos on my stream are marked “all rights reserved.” My profile page confirms this no license designation and makes it clear that written permission from me is required to use my shots elsewhere. I have not adjusted my Flickr settings to allow for the “blog this” feature.
Would you kindly explain your justification for disregarding my copyright on the photo you opened this post with?
29 The Blackbird // Mar 11, 2010 at 7:58 PM
Photography is not a crime, as the name of your blog indicates, but copyright infringement is.
30 The Blackbird // Mar 11, 2010 at 8:00 PM
How many times do you want me to apologize akagoldfish? You’re reply to my apology is all that’s absurd now.
31 The Blackbird // Mar 11, 2010 at 8:06 PM
“So everybody is entitled to an opinion. Even if they have not been in the trenches.”
Yes, everyone is, including me when it comes to commenting on ill-informed comments by others on blogs that report selectively and lead others to get the wrong idea.
And thank you but I am well aware that it’s not just the “legitimate” media photographers who are affected by these issues you write about.
http://flickr.com/photos/blackbird_hollow/3545409350/
32 The Blackbird // Mar 11, 2010 at 8:17 PM
Where? Did you even read Carlos’ post just above? You know, the post you’re leaving comments on.
33 The Blackbird // Mar 11, 2010 at 8:19 PM
Thank you. And I apologize for being harsh in my response to Marks comment. It was extreme, but others have taken issue with my deciding not to quit photography, as Carlos puts it, but to stop photjournalism. I’ll never stop taking photos, even if/when it becomes outlawed. I’m just shifting the direction of my lens.
34 The Blackbird // Mar 11, 2010 at 8:19 PM
My sentiments exactly. Thanks Nate.
35 The Blackbird // Mar 11, 2010 at 8:23 PM
Thanks a million, Neil! I wonder what business it is of his anyway? Is he Mark’s father? I would have sent him a message indicating my rude comment had been posted and let him approach me how he wanted to. Instead, on a blog he calls Photography Is Not A Crime, buddy decides to attack another photographer. He’ll probably turn this around and say, “You attacked Mark.” But I don’t have a blog called “Photography is Not a Crime.”
Maybe you should join the force, Carlos.
36 The Blackbird // Mar 11, 2010 at 8:25 PM
Thanks, Michaelk42! He seems like the type who enjoys conflict, so it doesn’t surprise me that the arrests he wears on his sleeve were made by police. They probably weren’t even made for the photography itself, but for his attitude.
37 The Blackbird // Mar 11, 2010 at 8:27 PM
Yeah, well, I felt judged by someone who knows very little about me and I did read it the wrong way, and I have apologized upteen times here so far, but apparently that’s not good enough for you seeing as you want to continue this pissing match by commenting again and again. Just plain stupid.
38 The Blackbird // Mar 11, 2010 at 8:28 PM
You hit the nail on the head Maz! Some people just don’t get it.
39 The Blackbird // Mar 11, 2010 at 8:29 PM
Thanks for coming around.
40 The Blackbird // Mar 11, 2010 at 8:32 PM
Well, you really shouldn’t report selectively. The way your blog post read, it was as though policing was the only reason I’ve changed direction. This was the initial problem and then others responded to your inaccurate story. Then I responded.
So, my difficulty is with you and I misplaced my frustration on Mark, which wasn’t right, and I am sorry for that. But please be careful when you report in future.
41 The Blackbird // Mar 11, 2010 at 8:35 PM
Finally, your statement, “…maybe that’s the Canadian in you,” shows a complete lack of class.
Better luck in four years when we beat you at Olympic hockey (mens and womens) again.
42 Carlos Miller // Mar 11, 2010 at 9:17 PM
Blackbird,
I think your comments and the fact that I linked to your post fills in the missing gaps of whatever I missed.
I never repeat word by word of whatever topic I write. I usually take the angle of photographer rights, which is what I did here.
I probably would not have even written anything about it if you had not responded to Mark the way you did.
And about the photo, I abide by the Fair Use Doctrine, which allows us to post copyrighted material under certain limitations, like news value.
I actually posted the photo to show off your talent and your experience in dealing with the cops.
I think it’s a ballsy photo. I really like it.
And I not only credited you, I linked it to your Flickr page.
So the photo stays.
Carlos Miller´s last blog ..Canadian PJ gives up fight for photographer rights
43 Carlos Miller // Mar 11, 2010 at 9:19 PM
But I did remove the part about you quitting photography in the photo’s caption.
Once a photographer, always a photographer.
44 NYCPhotorights // Mar 11, 2010 at 10:00 PM
My post was edited to state that you have other reasons but my opinion that police forces are creating a chilling effect on public photography through repeated harassment, and that your paragraph supports that opinion stands. Like Carlos, I look at things from a photo rights perspective and in context of how it has been affecting other photographers.
NYCPhotorights´s last blog ..Trains Magazine Rails At Amtrak Photo Policy
45 Michaelk42 // Mar 11, 2010 at 11:07 PM
I wouldn’t so much call this post “news” as “taking a comment thread from another blog to yours and slagging on the guy here.”
Sure, you can do it, but it still lacks class.
Michaelk42´s last blog ..Tumblr roundup
46 Frank Palmer // Mar 12, 2010 at 12:30 AM
These aren’t the droids your looking for….. Move along….
I got to agree with Carlos on this issue.
Blackbird if you want to quit that’s your business but attacking someone that was just leaving words of encouragement is not very smart. Your best bet is to stop replying to messages about this and move on with your life. Unless you plan to sue the internet. Look what happened to this guy that pissed off the internet:
http://encyclopediadramatica.com/Adam_L._Goldstein
47 The Blackbird // Mar 12, 2010 at 1:09 AM
Thanks again, Michaelk42. You’ve revealed your own class in your comments here.
48 The Blackbird // Mar 12, 2010 at 1:13 AM
That’s right it’s MY business if I want to quit. Anything you wrote after that oozes hypocrisy. I didn’t follow that link.
49 The Blackbird // Mar 12, 2010 at 1:22 AM
Oh goody. The post isn’t newsworthy. The one based in NYC might have been, as reportage on a photographer quitting in part because of unwanted police attention, but your post about my response to someone else’s comment over there is small-time Internet gossip in the TMZ vein. I object to your use of my photo on the grounds this isn’t a journalistic post. It’s trash.
Next time, if you want to defend a friend when you notice a comment someone else made about him or her, tell your friend and let him or her defend themself. It’s the best way not to make yourself appear like a gossipy old lady with too much time on her hands.
What a negative thread all around. Bad idea to have started it for all concerned, including yourself. Ugly.
50 The Blackbird // Mar 12, 2010 at 1:27 AM
Thanks for clarifying. I don’t mind your post at all. I think it has journalistic value and, from the comments here, others appear to feel the same way. I apologize to you for venting on your blog.
I hope you will agree with me in believing the above post lacks journalistic acumen and is more along the lines of gossip.
51 I don't have a darn name // Mar 12, 2010 at 9:54 AM
Fuck you, Carlos.
52 I don't have a darn name // Mar 12, 2010 at 10:03 AM
Carlos, you do not understand “fair use” and you should consult a lawyer before attempting to use it again.
53 dlazerous // Mar 12, 2010 at 10:23 AM
Blackbird is just acting like some butt-hurt drama queen. I have really only one thing to say,
Stand up for your rights or those in power will take them away.
Blackbird, if you can’t handle the front line anymore then you need to get out of their and let someone with a little more fortitude take your place.
54 Yizmo Gizmo // Mar 12, 2010 at 10:42 AM
Photog’s work “has left him with a chill.”
Brrrr…scary….better find another profession.
Wouldn’t want to catch a cold.
55 The Blackbird // Mar 12, 2010 at 10:53 AM
That’s what I’ve done, pal, but some -like yourself – don’t seem to think that’s enough.
Butt-hurt drama queen? And butt hurt drama queen? You’ve proven yourself as lacking in class – as described by others here – as the fellow who started this post.
56 The Blackbird // Mar 12, 2010 at 10:58 AM
Ever cover an Olympic Games Yizmo? Didn’t think so. Do you have an incurable illness that gets exacerbated by the stress of working for the same organization that staffs he same police force you’re criticizing? Lose friends as a result? Had you telephone calls monitored? Have you had visits by city police and border agents at the art gallery where your photos are hanging?
If you’ve experienced these things and not felt a chill, my guess is you aren’t human. If you haven’t experienced these things, then you have no right to judge.
57 The Blackbird // Mar 12, 2010 at 10:59 AM
I wouldn’t have used those words, but I like the way they sound and capture the emotion of the moment well.
58 The Blackbird // Mar 12, 2010 at 11:10 AM
That’s right, he should, but he’s still using my photo.
59 The Blackbird // Mar 12, 2010 at 11:56 AM
Wow, looking back over this whole thread, I am astonished to find how much energy and time have been devoted by so many who believe that photographers aren’t criminals, AGAINST A FELLOW PHOTOGRAPHER! Wow, your blog is becoming more hypocritical with each post here and with each edit to the original post.
60 Gary // Mar 12, 2010 at 3:26 PM
Galaxy Quest is a DAMN FINE MOVIE! why are you guys all saying it’s not? I mean, let’s focus on the REAL issue here: why hasn’t everyone seen Galaxy Quest yet? It’s already been on TV for God’s sake! There’s no excuse.
Ah, how I yearn for the days when the Internet was for real discussions, like who would win in a battle between the Enterprise vs an Imperial Cuiser and other stuff was settled in person.
61 Jon // Mar 12, 2010 at 4:47 PM
Gary – I agree with you! Galaxy Quest was a DAMN FINE MOVIE.
As for the Imperial Cruiser vs Enterprise question… well that really depends on which Enterprise model we are talking about. Overall I would say that the Imperial Cruiser does have and advantage if you take into account a full load of Tie-Fighters – those little buggers are fast.
Maybe this thread can be killed another way:
wait for it….
NAZIS!
or maybe I just kept it going…
62 Fascist Nation // Mar 13, 2010 at 7:54 PM
flick the good flick?
63 akagoldfish // Mar 13, 2010 at 10:55 PM
If you consider Carlos’ post to be harassment, you are truly thin-skinned.
64 akagoldfish // Mar 13, 2010 at 11:02 PM
Well man, I guess the reason I continue to post is because your apology was a little too mixed in with whining about Carlos and everyone else you seem to feel is being unfair to you. For someone who’s been the victim of nothing so malicious as a simple misunderstanding, you’re awfully defensive and haughty, and that leaves a bad taste in my mouth.
65 akagoldfish // Mar 13, 2010 at 11:06 PM
Fair use doctrine, look into it.
66 akagoldfish // Mar 13, 2010 at 11:09 PM
God, you really are a drama queen.
67 akagoldfish // Mar 13, 2010 at 11:10 PM
Is there enough air for you to breath all the way up on top of that high horse?
68 akagoldfish // Mar 13, 2010 at 11:15 PM
Front line? Where is that now? Read some of the stories in this blog: people are getting harassed for snaping pics of signs on their cell phones, I nearly got beat up for taking pictures of dogs playing in a park, and every railfan I know has at least one story about a police interrogation. This is asymmetric warfare man, we’re all on the front line.
That’s why it’s so insulting when Mr. Black says someone is a photo-rights dilettante because they only have one picture of a police officer.
As if that was some sort of measure. I’ve got a dozen or so pictures on flickr of the police, and none of them got me into trouble. It’s just about every other subject I’ve shot that’s caused problems at one time or another.
We’re all on the front lines, and if Black thinks he can get away by pointing his lens somewhere else, he’s got a nasty surprise waiting for him.
69 I don't have a darn name // Mar 15, 2010 at 10:03 AM
To apply the fair use doctrine, the content of the work has to be somehow relevant. It is not. Carlos is not criticizing or discussing the photograph, but rather the photographer. Thus he has no fair use claim to the photo. If he could use this photo in this manner, he could use *any* photo that Blackbird has ever taken. Clearly that is not “fair” and does not benefit the public.
70 I don't have a darn name // Mar 15, 2010 at 10:05 AM
No more deserves to be said. Carlos is being a complete shit and seemingly won’t back down. I think he is exploiting you and your situation for his own gain. I’m completely disgusted, as this blog is a great source of information.
71 Carlos Miller // Mar 15, 2010 at 10:09 AM
Not relevant? The story is about a PJ who quit because he was sick of being harassed and intimidated by cops.
The photo shows the cops filming him while he is photographing them.
It shows that they believe they have the right to do things that they do not believe he has the right to do.
If you don’t see the relevancy in that, then you are blind.
72 Carlos Miller // Mar 15, 2010 at 10:10 AM
If you can’t debate without using insults, then go fuck yourself, you nameless fuck.
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