That sox: Samsung got into water for using David Ortiz of Boston Red Sox's selfie with the Prez. Photo: Getty
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Who actually owns your selfies?

Barack Obama is the president of the United States of America and neither he (nor his image) is supposed to be used to endorse a product.

Samsung’s PR team loves it when celebrities take selfies using the company’s newest smartphones. So when the Boston Red Sox visited the White House on 1 April and the player David Ortiz snapped a cheeky selfie with Barack Obama, Samsung’s US team quickly retweeted the picture. Now that decision could land Samsung with a lawsuit.

Why? Because Barack Obama is the president of the United States of America and neither he (nor his image) is supposed to be used to endorse a product. The White House press secretary, Jay Carney, denied that there was any discussion of a ban on all selfies with the president. But US law gives everyone the right to object to being featured in an advertising campaign without permission.

The problem is that these laws were drawn up at a time when the line between personal photographs and adverts was relatively clear and defined. The federal Lanham Act of 1946 gives consumers a way to sue companies for false advertising, or to protest against unwittingly being used in an advertising campaign. The White House lawyers could argue that Obama wasn’t knowingly endorsing a Samsung phone when he posed for the selfie.

Ortiz says that he didn’t intend for his snap to become a viral marketing campaign, but when the Samsung PR team hit “Retweet” it may also have created grounds for a case against the Korean company.

Samsung could defend itself by pointing out that the selfie doesn’t qualify as an advert – you can’t see the brand of the phone taking the picture, after all – and that in posing for a selfie, you give your consent for your image to be shared in all kinds of unexpected ways. We just don’t have any legal precedents for such a case.

The “Ellen selfie” taken at the 2014 Oscars – that one of actors from the Academy Awards in March – was the nadir of the media’s obsession with a pretty unremarkable fad, but the most interesting aspect of the picture was the one that was most ignored: who owned it? You’d think that Ellen DeGeneres owned it, as it was taken with her phone, but Bradley Cooper pressed the shutter button.

It’s a well-established precedent that it’s the person who takes the picture who owns the rights to it but it was DeGeneres who gave Associated Press permission to republish the shot. She may not have had the right to do so.

Alternatively, perhaps she did have the right, in the way that an artist retains authorship rights over a piece of art even if most of the manual labour that went into making it came from a studio assistant. Such arrangements usually need paperwork to be legally formalised, however.

In this case, Samsung also complicated matters, as it has a big advertising deal with the Academy. A representative for Samsung responded after the selfie went viral to deny that DeGeneres was paid to use a Samsung Galaxy Note to take the picture – although the company was “delighted to see Ellen organically incorporate the device into the selfie moment that had everyone talking” – as if those were words a human being would ever utter.

Again, as in so many issues to do with Twitter, from death threats to online plagiarism, the legal system finds itself one step behind in the internet age. But if this episode leads
to the end of news stories about selfies, would that be such a bad thing?

Ian Steadman is a staff science and technology writer at the New Statesman. He is on Twitter as @iansteadman.

This article first appeared in the 09 April 2014 issue of the New Statesman, Anxiety nation

Anna Leszkiewicz
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Why doesn't falling snow show up on your phone camera?

And while we're at it, why can't you take a good picture of the moon?

If snow falls on the ground and no one sees it on Instagram, did it really happen?

The answer to that question is a firm “No”, much to the chagrin of social media users around the United Kingdom today. There will be no flurry of Likes to accompany today’s flurry of snow, as one by one we each realise it is damned impossible to take a good picture of falling snow on our phone cameras.

 

A photo posted by Mamá 2.0 (@mama2punto0) on

The question is, why?

“All photography is dependent on light irrespective of camera type,” says Matthew Hawkins, a senior lecturer in photography at The University of the Arts, London. “Snowflakes usually fall in times of low contrast and relatively low levels of light.

“This increases the duration of exposure which becomes too long to freeze the motion of an inherently translucent flake.”

So it seems that, provided you’re not trying to shoot on a Nokia 3310, it might not actually be your phone that is the problem. In recent years phone cameras have become incredibly advanced, and the World Photography Organisation even has awards for mobile phone photos.

That said, phone cameras are obviously less advanced than expensive, professional DSLRs, and a lot of digital cameras actually have a “snow mode”, designed to help with the lighting issues that occur when photographing bright, white snow. "Snow scenes generally tend to come out underexposed, so exposure compensation (adding more stops) is usually needed and the automatic settings within a phone camera don't compensate for this," says James Jones, a freelance photographer.

Lauren Winsor, a photography lecturer at Kingston University, adds: “The shutter simply isn’t quick enough to freeze the majority of falling snow. It’s therefore either lost to near invisible motion blur or rendered as inelegant white, out of focus blobs.”

Given that your iPhone is currently trying to catch up with a theatre mode, it’s no wonder that it’s not really designed for the complexities of snow.

But if – as Hawkins says – these problems occur with fancy cameras as well as your phone, then why are your snow photos so underwhelming?

The answer to the question might actually be the answer to life’s many questions: you’re just not very good.

 

A photo posted by kayleepaterson94 (@ironcreature94) on

When I ask Lewis Bush, a photography lecturer (who is currently working on a project that uses satellite imagery for another perspective on the refugee crisis), why it’s so hard to capture a good picture of falling snow, he says it’s isn’t “if you know how”.

Multiple online guides have sprung up to help you get this knowledge, and Paul Moore, of iphonephotographyschool.com offers eight tips for the perfect wintery photo. “Depending on the light and the weather, snow can take on different color hues or even end up a dull gray color,” he writes, advising that it can instead be fixed in editing. A simple black and white filter or a photo editing app can change everything.

And while you’re here, what about nature’s other trickiest photography subject, the humble moon? Bush has advice for any amateur phone photographers looking to capture the big cheese. “The moon is hard, so shoot with manual exposure controls if your phone has them, you could also try using telephoto adaptors that clip on to your phone camera or even borrowing a telescope and shooting through it,” he says.

But if the snow continues to fall and you can't afford a swanky camera, what on earth should you do next?

“Shoot towards something dark,” says Bush. “White snow isn’t like to appear very well on a white background, and use a flash if it’s dark.

“Also, maybe question whether the world really needs more photographs of snow?”

Amelia Tait is a technology and digital culture writer at the New Statesman.