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From a time when I was learning to take photographs.
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I'm still learning how to do both.
If I remember correctly I was in the 8th grade when my dad came home with his first Harley. It was a 1979 Superglide. I wasn’t really sure what to think about it. I really had no interest in the thing and wondered why he got it. He worked on the road my entire childhood and on the rare occasion he would be home during the summer and I’d see him blast through town on that SuperGlide….. I would think…. Damn… that’s kind of cool.
Just about the time I graduated High School I started to find some chopper mags lying around his house. There was really only one “real” Chopper magazine at the time in my opinion and that was The Horse. Growing up I always seemed to walk the off the beat’n path, whether it was music, art or just life in general. I was a weird kid and most people probably didn’t understand me… hell… I didn’t understand me. I didn’t know a damn thing about a motorcycle but the bikes in that rag just left me sitting on the shitter with my jaw on the toilet seat.
I went to the city to attend college where I would learn to take photographs. It was a very technical school and from day one we were taught the ropes of the photography business including how get work, how to charge and our rights has a photographer. As I received my education in photography my love for motorcycles grew.
Upon graduation I contacted the guys that sparked my love for custom motorcycles. I couldn’t believe it…. within two minutes of sending an email my phone was ringing and a few weeks after that I was on the set of a The Discovery Channel Biker Build Off. Things were moving fast but I quickly realized that all my hero’s and the people involved in the motorcycle industry were just as dirt poor as I was. The money was tight for everyone so I didn’t expect much just an amazing life of traveling around and shooting the motorcycles I loved.
So I worked for peanuts and tried to make do with what I had. Life was hard and the bills weren’t getting paid. The wife ran off so I hit the rode for good….. figuring it out as I moved along. I worked my ass off and loved every minute of it. There was a management change at The Horse and some things were getting switched around. There were some misunderstandings and we went our separate ways. Things were said and I tried to be the better man by walking away and burying the ashes.
I’ve heard about things being said or done but I figured what do I care I’m Living life on a motorcycle and having the time of my life. I’m not the type to start wars or drama but I feel the need to clear some things up. This is something the editor of the Horse posted on his chat site earlier this week.
“I was paying him more than any other magazine was paying him, giving him $500 out of my wallet at Smoke Out West because he was low because I was feeling sorry for him. I paid his way there, put him up and paid him to work the event, a sizeable investment for a guy who was broke. Then when I published the issue, he came back and wanted extra pay per shot, on top of what I had already paid his worthless ass. Then he tells me how "legally" he could do this and do that. That's when I told him to sue me (knowing he didn't know shit about the law) and told him to take his whinning faggot ass out of here.
Just hope he doesn't come whining and crying for compensation because it's on this site. Fucking little cry baby”
Now there is some truth to this but mostly twisted facts. First of all… how does he know what other magazines were paying me at the time. If I remember correctly he did out of the Kindness of his heart give me two hundred dollars out of his own pocket. I was running around the joint like a chicken with it’s head cut off shooting the action without rest and I had made the trip to Arizona on 10 dollars. So he kindly thanked me for my efforts and I thanked him for the kindness. The Horse did pay my transportation and hotel but that is to be expected if an editor wants you to take time out of your schedule to travel to their event. There was no pay or expected pay for working the event itself. My goal once there was to cover the event and shoot as many feature bikes as I could during the event to collect usage fees when the event feature and bike features were published in the magazine. The more I shot the more I would get paid in theory. So I gladly shot the bikes they wanted for their publication.
I was finding that the bikes they told me to shoot at smoke out east were getting shot by other photographers at west and used over my shots mostly likely because the other photographers were doing it for free or less pay than me. I understand that there are photographers out there that shoot bikes as a hobby while maintaining a solid job and I respect that but if an editor asks you (hires you) to shoot a bike it's understood that they will publish the shots you have taken of that bike.
The issue he mentioned was not actually a monthly magazine issue…. it was a calendar. I was never contacted about this or even sent a copy. I found out about it through friends that had seen it. These calendars were being sold for a decent amount of change and it was used as a tool to advertise/promote their Magazine. So I sent an invoice for the usage of my images in that Calendar. This is the series of emails between The Horse Staff and myself from almost two years ago. They weren’t very happy about the invoice so I reverted to what was pounded into my head from the time I started my education until the time I finished. I was willing to work something out but wholeheartedly knew it wasn’t going to be an option.
From: Josh Kurpius [mailto:joshkurpius@hotmail.com]
Sent: Friday, May 30, 2008 3:38 PM
To: The Horse
Cc: joshkurpius@hotmail.com
Subject: Invoice for calendar
Invoice for calendar.
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From: -------@comcast.net
To: joshkurpius@hotmail.com
Subject: RE: Invoice for calendar
Date: Sun, 1 Jun 2008 22:08:01 -0400
Josh
How did you come up with $2,000.00? Most of the shots were out takes from features I paid you for already. I think only one was not from a paid feature.
The Horse
-----Original Message-----
From: Josh Kurpius [mailto:joshkurpius@hotmail.com]
Sent: Monday, June 02, 2008 4:52 PM
To: The Horse
Subject: RE: Invoice for calendar
Horse,
I am a freelance photographer. If you would like to use my images, you will be charged according to how they are used. This is the reason why you are invoiced as my photos were published. I am by no means selling you the "rights" to own that particular published photo or set of photographs. I fully understand that you may not be aware of copyright laws and the industry standards for usage rights. Unfortunately, we do not have a contract that allows you to have unlimited usage of my images. In short, photographers are paid per usage unless there is a "buyout" of the images or a "work for hire" contract signed. As the Freelance photographer, I retain the copyright to all my images. I have been understanding in the past about the reoccurring publication of my "George the Painter" image and flaming burnout photograph you use to advertise "The Smoke out" event. However, when my images are used in a separate published form (i.e. the calendar) for which you collect additional revenue, I must protest. At this point you have stepped out of the editorial and into a commercial venue. In the future, I would suggest that you draw up a contract for your contributors to sign in order to avoid confusion. I would also suggest that you notify photographers when you plan to reprint their work or when you wish to obtain further usage rights. I' m sure this was an honest mistake.
However, I felt that the issue needed to be addressed to clarify my rights and prevent you from running into similar issues with future contributors. Most magazines buy one-time usage rights (including web and electronic media) and have exclusive publishing rights for up to three months for a feature and one year for a cover. As for the $2000.00 for the use of my images in the calendar..... I calculated this amount from the very low end of my commercial rates, which was based on the number of images you used in the calendar. I feel this amount is very fair.
Please contact me so we can figure this out in a manner that works well for the both of us. I appreciate your time and consideration concerning this matter.
Thanks-
Josh
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From: ------@comcast.net
To: joshkurpius@hotmail.com
Subject: RE: Invoice for calendar
Date: Mon, 2 Jun 2008 21:44:37 -0400
Josh
First of all, I don't need you take on the law. In fact, I find that very insulting and won't comment any further but to say this: Sue me. I've had it with your whiny attitude and constant complaining. Sue me and show me how copy righted stuff works...
I'll send everything I have back to you and don't bother me again...
The Horse
So that’s how I left it. I never bothered him again and shifted my work towards other magazines in the same bloodline of motorcycling. I didn’t seek the money because I was just thankful for The Horse being the magazine that made my life what it is today. It’s been a fucking blast! I’ve learned a lot from this experience….. Communication is key…. and the rails need to be straight before you roll down the track. I wish I could still contribute to the magazine that got my wheels turning as well as to help me grow closer to my father but I figured I wouldn’t Kick The Dead Horse
And what is it any of Ralph's business if I enjoy the company of men?