12-31-2023: Looking Back and Going Forward

In many ways, 2023 was a difficult one, but now I have more purpose.

Probably not the best choice in bikes for the desert roads, but I get a hell of a cardio and my legs are getting stronger. heh.

Well, to be frank, and perfectly honest, 2023 sucked for me. It may have been the worst year in a decade.

I do not talk about my problems very often. I find it is not helpful to me, and certainly not helpful to others. Personal challenges are to be met head-on, and dealt with.

That doesn’t mean I do not have a support system, I do. But some things are personal.

An End

I ended my twelve-year teaching program, Project 52 Pro System, in the early months of 2023. I have my last class winding up in March.

This was a very hard decision, as I loved teaching my members. I watched dozens of photographers build a business and get cool gigs that were both exciting and lucrative. I am thrilled to have been a part of their growth.

Hundreds more became much better photographers, create art that astounds me, and are still members of our Facebook group. Whether they went pro or not was up to them, but many of them were ready to make that leap.

I built a new class, one that I thought (and still think) would be more relevant to those who love to make photos and want to start a business that is more stable, steady, and forward-focused than a still photography education could give.

Basically, I believe photographers will find their work rolled into the genre of visual arts. Photography, motion, video, and design are the basics, and wrapping it in a solid business structure is the goal.

There will still be photographers making photographs for money, but if you want braces for the kids, health insurance, and money left over for a retirement fund, it is going to be more and more difficult to only push a shutter.

That class has not found its mark yet. I am not abandoning it in the least.

Living the life.

I have wanted to live in Wyoming since the first moment I rode over the state border.

I decided I would find a way to do that, and began searching for the answer. Along the way, I discovered that it occasionally gets to be 40 degrees below zero in Wyoming.

I have lived most of my life in the deserts of Arizona, so even imagining 40 degrees below zero pushes the limits of my creativity.

This and the fact that I would have to talk with my grandkids about how Papa and Grandma were going to leave them, and the idea of full-time life in Wyoming became secondary to a full-time life with my family.

So we decided to sell our house and move to the desert to be next door to my daughter and her kids. Life in the desert continues.

Damn good thing I happen to love the desert.

Livestock tank, Pinal Mountains.

Lawfare

In September, I was sued for copyright violation by a photographer I have always deeply admired.

Before I used any photographs, I checked with those in the know to make sure I was within my rights and within the rights of the photographers to use those photographs.

I was assured I was.

I did a series of posts back in 2014 and 2015 about great photographers and featured this photographer in one of the posts.

Here is how this goes:

There are attorneys out there who have made agreements with photographers to allow them (the attorneys) to explore the internet and find any possible violations of copyright against the photographer.

And they found my page, although it was not linked as it was in an archived set of pages.

The papers were sent, and I was to pay them $30,000 for the violation.

And here it gets really interesting: If it had been on YouTube all that could be sent was a TakeDown notice. But since it was on my website, it was a full-on copyright violation.

I featured four of the photographer’s images, links to every YouTube video I could find, links to every book they had on Amazon, links to any and all web pages, interviews, podcasts, blog posts, and galleries I could find.

Editorial use.

But there was a link on the page that went to Project 52, so they said it was used to promote a business, so they wanted their money, and fast.

I contacted many in the industry, names you know and names you don’t know. Everyone agreed it was fair use… probably.

So I had to hire an attorney, and he explained it thusly:

The photographer had nothing to do with the suit other than authorizing the law firm to seek it out. The photographer receives about 30% of the money the lawyers pull in. Since it was no skin off of the photographer’s bottom line, there is no ‘settling’ with the photographer.

The attorneys have no skin in the game; they are attorneys, and filing motions and paperwork is all they do, so they had nothing at all to lose to take it to judgment other than a few hours.

If I wanted to fight the lawsuit, I would have to pony up approximately $16,000 to start, and if I lost, I would lose that money, have to pay up to $30,000, and pay for the lawyer’s fees who sued me and they could bill themselves out up to $30,000 as well.

A loss due to a stupid judge or a technicality could see my liability soar to over $100,000.

“So they know you will settle, you have to settle. There is no way forward but to settle.”

“But, but… but…” I stammered out.

“Yes, you definitely have a case for editorial use, but fighting it will cost you more than they will settle for, and they know that.” He was, of course, correct.

It cost me a tad over $10,000 in a year which was already kinda shitty.

So I have decided not to extol the virtues of photographers I so deeply admire. They are on their own. As Roger said a long time ago, “won’t get fooled again.”

The “We can sell this place in two weeks” saga.

Real estate folks will tell you anything you want to hear to get that signature.

No, they didn’t sell it in that time frame; in fact, we just sold it this week. Unless the buyers back out by Wednesday. And not for what we wanted for it.

But since we had moved out in preparation for a quick sale, we are now paying double mortgages, so… ‘you gotta settle, there is no way forward other than settling.’

So adios 2023. You suck

On the Arizona Trail, near the Pinal Mountains

Forward:

We will begin construction of our new home in late January.

We will have no mortgage payments and a wonderful place to live.

And summers can be spent in Wyoming.

I hear it rarely gets to freezing in the summer.

I have several new classes and ideas to work on.

I am driven to help photographers find their footing, future-proof their businesses, and create a sustainable and scalable business as we move into the AI future, which is pretty murky at this point.

Yes, it is going to affect us. We will not escape its reach.

But if we are prepared, staying ahead of it as best we can, and creating a wider and deeper set of skills and channels, I believe we will be more successful than we can imagine.

Stuff’s changing.

Change with it, or be swept away, has always been my motto.

Near Picketpost Trailhead, Pinal County, AZ

Also on my docket:

1. More photography and photo projects.

2. Launch my subscription art direction business by February.

3. Collaborate with other artists far more than I have this year.

4. Write more music. One hour a day is fine, more if there is open time.

5. Stay connected to my friends and strengthen those friendships.

6. Be more focused on my health, and make fitness a priority.

7. Read more, listen more.

8. Build my Substack to 6000 followers.

9. More YouTube, although I am not chasing followers there.

10. More walks with my wife, my grandkids, and my camera.

And there ya go.

Not resolutions, but plans. With due dates and measurable deliverables.

I plan on doing some more stuff here like live shows and podcasts, so that’ll be new and fun.

I hope your 2024 is wonderful

Restaurant flags, Highway 60, Arizona

When you are ready, here is how I can help you succeed.

Group Mentorship: a small group of photographers who meet to show images, work on their portfolio, and build their businesses with help from a wonderful group. Lifetime membership for one fee.

One-on-one Mentorship: You and me - working together in an intense 6-month push to get you on the way to over $30K in additional revenue. The work we lay down will help you increase and scale your business for years ahead.

The Creative Class: Expand your toolset and become a one-person visual agency capable of pulling in steady and repeated income. If you have questions, let me know, and I will answer them as fast as possible.
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