Hansel and Gretel might want to stay away…

February 27, 2010 by Kivus · View Comments 

…this looks like a place where an old witch might try to entice them with candy…

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Night Time by the Garden

February 26, 2010 by Kivus · View Comments 

Night Time by the Garden

Night Time by the Garden - © John Kivus, 2010

Time for Fair Use to Catch UP

February 24, 2010 by Kivus · View Comments 

Though not a direct follow up to my previous post about Mike Hipple, this post further deals with the fair use of copyrightable material. It, however, takes a look possible changes that could be made to the fair use statutes in the future. Like my previous post on the topic, this post was originally written for North Carolina Journal of Law & Technology Blog and that version of the post is available here.

The story of Mike Hipple (previously discussed on this blog) dealt with the “incidental use” of a copyrighted work. An incidental use of a copyrighted work “involves capturing copyrighted works, where the copyrighted work is not the primary focus of the use—for example, capturing music playing over radio when filming a family moment” or in Mike Hipple’s case, capturing a copyrighted sculpture on the edges of a portrait.  Currently, there is no mention of incidental use in the fair use statute, however,Public Knowledge is working to change that. Public Knowledge, a public interest group, recently released the first part of their ideas for the Copyright Reform Act.  This first release included 7 words that should be added to the statute, including, the previously mentioned “incidental use”, “non-consumptive use” (i.e., a use that does not trade on the work’s creative expression) and “personal and noncommercial use”. These three types of use would be added to the preamble of the statute. Though additions to the preamble would not negate the necessity of a full fledged fair use analysis in infringement actions, (for an example of such an analysis, refer to the previous discussion about Mike Hipple and his photography) they would weigh heavily in favor of the alleged infringer on the “character of the use” factor of such an analysis.

The rapid growth of technology has sometimes left existing laws unable to deal with the changing technological and media landscape. If Public Knowledge’s proposed fair use changes were enacted, it would be a small step in the efforts to align the law with way people create and consume media. The only real negative to these changes, is that they are are coming too late to help Mike Hipple in his legal battle.

Hat tip to Ars Technica for their initial reporting on this story.

Genuine Fractals Review

February 23, 2010 by Kivus · View Comments 

UPDATED – 06/03/2010 to reflect the new release of Genuine Fractals that works with Aperture 3 64-bt

As I’ve mentioned before, all the pictures on my site are shot with my Nikon P6000. Though it’s slightly better than most point and shoot cameras, it does not have the same size sensor as even most entry level DSLRs. This causes a couple of problems, including some issues with noise at ISO 800 or above and the lack of capability to add longer lenses to increase zoom capabilities. In order to compensate for the lack of zoom, I normally end up cropping my pictures to get the desired framing that I would have wanted from a zoom lens. Cropping an image in this manner, however, can mean the resulting image files are not big enough for larger prints. This is where Genuine Fractals comes in. Genuine Fractals, from onOne Software, is an image re-sizing and enlargement program (that recently got some coverage on CSI:NY) that I now use on nearly all of my photos before I sent them off to WHCC for printing.

The biggest selling point of Genuine Fractals is its ability to increase an image size “up to 800%”. Though I have not gone as large as 800% on any of my increases, I have done 400% and 500%, and the results were excellent. One of the prints prominently featured on my wall is a shot of my parents that was just one small piece of a larger scene I photographed. After some major cropping and a trip through Genuine Fractals, I now have a gorgeous and memorable photo.

Though I do use Genuine Fractal’s enlargement capabilities fairly regularly, I don’t use them nearly as much as I use Genuine Fractal’s basic cropping functionality. Unlike cropping in Photoshop, Genuine Fractal’s crop feature is extremely intuitive. It allows you to fix one of the dimensions as you resize the other so that you can quickly and easily crop to your desired dimensions, whether that is 4×6, 8×10, 16×20, etc… Since I started taking pictures, I have always cropped my photos in the way I think frames the shot the best, not taking into account an particular size related issues. This meant that when someone asked for a print of one of my photos, I frequently would have to play around in Photoshop to get some version of my photo into their requested size. Now, however, that process is extremely quick and easy with Genuine Fractals, especially since Genuine Fractals Pro can be launched directly from within Aperture (see NOTE at the end of this post for discussion about Aperture 3).

Could I use Photoshop for everything I do in Genuine Fractals? Of course. Do I think Genuine Fractals was worth the investment to increase my work flow speed and print quality? Without a doubt. Ultimately, Genuine Fractals has resulted in me creating better quality prints, with a workflow that is much faster. I really cannot not ask for more from a piece of software than that..

NOTE: As I write this review, Genuine Fractals is only available as a 32-bit Aperture plugin. This means that if you normally run Aperture 3 in its default 64-bit mode, you’ll have to restart Aperture 3 in 32-bit mode to use Genuine Fractals. Additionally, though I never had a single problem with the round trip from Aperture to Genuine Fractals and back to Aperture with Aperture 2, I’ve had some issues with this round trip in Aperture 3. I hope that issue is corrected when onOne updates their plugins to 32-bit 64-bit

UPDATE: OnOne has released an updated version of Genuine Fractals that works with the 64-bit version of Aperture 3. I have been using it for a little over a week and have had no issues (most importantly, the roundtrip issue I was having with the previous version). It even seems particularly snappy. Since I’ve been getting more and more requests for prints of my work (at varying sizes), Genuine Fractals has become an even more integral part of my workflow. I use it for all my photo resizing and print preparation.

Tip Off

February 21, 2010 by Kivus · View Comments 

Tip-Off

Tip-Off - © John Kivus, 2010

Dinner Time?

February 19, 2010 by Kivus · View Comments 

Time for a little dinner…sadly, it won’t be here…

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This way to Emily Bronte

February 19, 2010 by Kivus · View Comments 

There’s a little clearing across the street from the Charlotte Convention center that has signs like this…Kind of a neat idea.

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Biltmore Farmhouse

February 19, 2010 by Kivus · View Comments 

Biltmore’s farm house on the hill…it was much warmer at this time last year than it is this year…

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Bring your own Oat Bag

February 18, 2010 by Kivus · View Comments 

Bring your own Oat Bag

Bring your own Oat Bag - © John Kivus, 2009

Walking by the Old Well at UNC

February 17, 2010 by Kivus · View Comments 

As I was walking to a few panels today, I couldn’t resist stopping to take a shot of the Old Well.

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