Aug 27, 2023 03:07 AM IST

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Just two years into her pursuit of weekend wildlife photography, Sophie Luby, had snuggled into a kingfisher hide at Kirkcudbright in Scotland when a kingfisher landed on her camouflaged head

They made for a matchless pair: a dazzling little kingfisher with wings of calm-sea blue and a self-taught wildlife photographer possessed with a pair of keen blue eyes.

Just two years into her pursuit of weekend wildlife photography, Sophie Luby, 29, had snuggled into a kingfisher hide at Kirkcudbright in Scotland when the bird landed on her camouflaged head. Luby was floored. The next day, she put another camera focused on her in the hope that the bird would alight again. The bird obliged, brought a fish and beat it on her head to stun it before gobbling it. The video caught the kingfisher’s jaunty actions along with the soft pitter-patter of its small feet on Luby’s concealed head. All this while, Luby was laughing, her face melting into all manner of indulgent smiles, like a mother mooning over her newborn. She was also trying very hard not to quiver at the surreal avian odyssey taking place just above her. Luby did not want to frighten the unsuspecting kingfisher.

The bird graced Luby with “lady luck” and she was instantly crowned the “Princess of Good Times”. Luby’s reel of the kingfisher prancing on her head secured viral success with more than a million views since she posted it on Instagram on August 3, 2023, fetched her 1,33,872 likes and accounted for the overnight growth of her followers to 30,400.

Apart from the kingfisher inveigled so artfully by the hide, it was Luby’s personal charm radiating from the smiles gracing her salmon-pink lips and “eyes of clear skies” that exerted a magical draw on viewers. Would a kingfisher draw such attraction were it to alight on the world’s best wildlife photographer but one saddled with sagging white-grey moustaches, weather-beaten skin, a paunch arising from long, sedentary hours in hides, squinty eyes and a dour ‘seen it all’ expression? Never!

Unwanted, whiffs of Chanel

Could a male leopard find himself imprisoned in a tree situated in the sprawling openness of the Maasai Mara (Kenya) with “noxious fumes” of expensive perfumes drifting up the big cat’s nostrils? Well, Chandigarh-based wealth management consultant and passionate photographer, Tarun Kakar, has quite a tale to narrate. His startling picture of the leopard on a thorn tree with his kill, a Thomson’s gazelle, impaled on the branches was on display at the recent TPAS Drishti Photo Exhibition at Punjab Kala Bhawan.

At first glance, Kakar’s frame captures the essence of leopard behaviour: to fetch the kill up a tree and safeguard it from lions, hyenas, wild dogs and other scavengers. But not humans, there’s much more to that supposedly natural exposition of behaviour. “I was on a game drive when I saw a jam of tourist vehicles around a tree in the far distance. Just as flocking, circling vultures send a visual signal of a carcass to other creatures, I also made for the tree. I had to wait an hour in the queue as there were so many vehicles. Tourists were clicking and ogling at the leopard with its kill. Some were sporting perfumes and the wild air was thick with artificial scents. Perfumes disrupt the receptive and sensory abilities of wild creatures. When our turn came, I spent about 2.5 hours taking pictures. I was myself a culprit, of tourist invasion of habitat and disruption of wild animals’ behaviour,” Kakar told this writer.

Kakar’s frames captured the bamboozled expression in the eyes of the leopard. It was restlessly traversing the branches from one end to another in a vain effort to spot an opening in the tourist vehicle cordon and flee the tree. The cat had been reduced to a prisoner pacing the cell, albeit, in the vast openness of his Masai Mara home.

“The leopard had killed the gazelle at night and must have been thirsty by now. But its movement from the tree to the waterhole was blocked,” Kakar added.

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• Topics
• Bird
• Kingfisher
• Wildlife Photographer

I get questions like these daily, mostly from inexperienced or new photojournalists who want to get into documentary photography. I often repeat the same answers, so I figured it might be useful to put it all into a single article. So, here are the bare basics of high-risk documentary photography.

Note: we do not recommend that anyone not acting in an official capacity take part in these activities. 

The Why

There is no reason to question you about your personal or professional reasons as to why you would want to even consider traveling to an active warzone to shoot a few photographs. That is each and everyone’s personal battle to fight. But it most definitely helps to know the reasons. You don’t want to find yourself in a situation where you have to be 100% present in the moment, otherwise your life could be at risk, thinking, “What the hell am I even doing here?” Figure it out before you even plan on departing your home country. 

There can, of course, be wrong reasons to pursue this kind of photography. If you’re ever interested in capturing people at their most vulnerable for fame, money, clout, or attention, you’re doing it for all the wrong reasons. Photojournalists are already often labeled hyenas of the photography industry as many people assume we thrive on suffering. And while that may be true for some I personally try to do my utmost to be as respectful of the photographed as possible.

But let’s move on. You’ve got your whys sorted out and are ready to begin planning your first journey.

Plan, Research, and Prepare

I can’t stress this enough. It is not only inconsiderate but it can be downright dangerous to go to a different country in turmoil without doing your research beforehand. Learn at least the basics of the local culture, what is taboo in the local society, and a few phrases in the language can’t hurt. Read up on the political situation, and find out what you can about the warring sides. You do not want to get caught up in a situation where you do not know what is going on. If you’re interviewing locals it can help you a ton if you know what they are talking about. I was once in a country with another photographer who had no idea what side we were on and who we were traveling with. The impression that leaves with the people you’re trying to capture will only make them distant from you, and the photographs will come out worse for that.

Having meaningful conversations with the people you’re capturing, living with, and/or traveling with and showing you understand their struggles can help tremendously when you want to get honest, candid, and interesting photographs. In the end, it is all about showing respect. And not just to make your job easier, but to help future journalists coming in. You don’t want to leave a wrong impression.

Sometimes, getting caught in an active warzone with a map and a GPS is terrible news. It can be a search at a checkpoint or a random stop in the city. The last thing you want is to be labeled a spy. Familiarize yourself with the area you’re going to beforehand. Learn the geography. Find out how to move around safely and efficiently. That leads me to the next point.

Get official accreditation. Walking around a martial law and militarized country with a bunch of camera gear with no official accreditation is just begging to be, at best, thrown out of the country immediately. You can be imprisoned, tried for espionage, and even convicted with punishments as severe as the death penalty in some countries. Sometimes, it can take months to be accredited, and there are those who wing it regardless of the risks. Better to be safe than sorry. Plan ahead. 

What Is a Fixer?

I have personally only used a fixer for one of my multiple trips. But it was much needed, and the help received was irreplaceable. A fixer is a local, often a journalist themselves, who can translate for you, guide you through the country, who can help you when it comes to reaching out to the local authorities, and help you when it comes to the way you approach people. Even something as simple as having a basic chat with a soldier posted at a checkpoint can be done extremely differently if you have a friendly local with you. 

Fixers can be expensive, though. They’re most often paid for by big publishing houses, large newspapers, or news crews. Fixers are rarely attainable for a freelancer working with a tight budget. That is one of the reasons I used one only once. It was well worth the money, though.

Obtaining a fixer is not necessarily tricky. You just need to know where to look. Worldfixer.com is a site I used to find my fixer, but you can try other means, like the vulture club on Facebook or similar groups. One thing you have to do is cross-reference your fixer and make sure they can be trusted. Ask them for references, look at their previous work, and inquire about their previous employers. Once you’re in a foreign country and your fixer is your only guide, source of information, translator, or even a driver, you are entirely at their mercy. And that can go wrong in many ways. There are horror stories of journalists being sold out by their fixers to various militias and other armed groups for money. But those cases are rare. Fixers mainly work as journalists themselves, and when you hire one, they can help you tell a story in a way you just would not be able to do by yourself.

Training, Training, and More Training

I cannot stress this enough. Do not go to a conflict area or to a war-torn county without knowing exactly what to do when things get serious. Do you know how to save your life when you lose an arm to a piece of shrapnel? Do you know how to treat a sucking chest wound? Have you got any idea how to fix an open fracture? What is the first thing you do when you find yourself in a minefield? These questions not only affect your life but everyone else around you as well. You can easily get not just yourself killed but your companions as well. I’ve seen too much reckless behavior done by inexperienced people in warzones, so now, I mainly avoid working with others and just go by myself rather than risk suffering due to someone else’s incompetence.

It can even be the simplest act of not stepping on the grass in a region known for being shelled daily. A small and hard-to-see butterfly mine can change your life forever. Take a RISC or a HEFAT course, learn combat awareness basics, practice field triage and first aid, and, for the love of everything dear, get tourniquets! I always make sure to have two easily reachable tourniquets on my body armor: one in my pocket and one on my camera bag. Severe blood loss can cause you to lose consciousness within seconds. You need to act fast and without thinking. There is no time to run to your car, no time to reach too far, and no time to ask a friend to hand you one. Grab the closest tourniquet and use it. Applying one is a simple operation you can practice even on your own once you get the correct instructions.

Staying calm is key. Acting stressed out, panicking, and making everyone else around you feel like you should not be there is a sure way to be left behind when things get hectic.

Another example of an important reflex to have is to cover your ears and open your mouth when there’s an explosion nearby. If you have a little more time to react turn away from where you think the explosion is going to happen and get down on your elbows and knees. Keep your stomach off the ground. All of this is recommended for a simple reason. Humans are very liquid. And the last thing you want is to have your body be impacted by the shockwaves more than it can take. Doing all I’ve mentioned at the start of this paragraph can have a major impact on your lungs, hearing, and pretty much all of your internal organs. Shockwaves travel, bounce, multiply, and the pressure builds up, and just the simple act of opening your mouth lets a lot of that pressure out and protects your body from the inside.

I’ve been asked this often: “Aren’t you afraid?” My answer is always the same. You usually do not have time to be afraid. That comes later once you’re safe again, when the adrenaline is gone and you’ve had time to process what has actually happened. You want to be taken seriously when you’re trying to capture humans in these situations. Showing up to a military position visibly scared and shaken from the gunfire and other dangers around you is a sure way of not being able to follow whichever group you’re trying to photograph. Nobody is going to risk having a liability with them in the trench. Calm down and focus on the reason you’re there. You’ve got a job to do.

That being said, use common sense. Taking unnecessary risks is rarely worth it. Know your limits.

PPE? Undoubtedly!

Many authorities won’t even let you work as a journalist in their country without correct PPE. I’m, of course, talking about Personal Protective Equipment. The essential elements are a ballistic vest and a helmet. There are many different types of vests: overt, covert, plate carriers, or shrapnel vests, each for a different situation and use. Some prefer as much protection as possible, wrapping themselves in full shrapnel vests with plates covering their sides, shoulders, crotch, and neck at the cost of mobility.

I personally only use a smaller plate carrier with level IV kevlar/ceramic composite plates on the front and back. My lower abdomen, sides, and neck are exposed, but I get better mobility. I understand the risks, but once you travel in a van cabin with three other people and have to enter and exit fast, you are willing to sacrifice some protection to keep your sanity. There is nothing more annoying than getting stuck in a car when you have to get out ASAP. A helmet is an easy choice. A simple level III PASGT will not cost a ton and should do the trick. 

When it comes to design, there is one thing you want to avoid. Skip all the “tacticool” gear and strive for being clearly distinguishable as either a civilian or a journalist. You do not want to be mistaken for a combatant. Avoid using combat boots, military jackets, camo patterns, or surplus equipment. The only exception would be if you were embedded with a military unit following their every step and living with them. Those journalists often used the same uniforms and body armor except for clearly visible press patches. It makes sense. If you follow a squad sneaking through a forest, you don’t want to stand out with a bright red shirt and a blue helmet. If the key is to stay hidden, do so. But make sure you are still distinguishable as a journalist should you get spotted and/or captured.

Unfortunately, in this day and age, information is often considered undesirable, and there are many cases of journalists being targeted and even killed for the simple fact of delivering true information. Last time I was on a frontline following a small group of fighters, I was asked to take my large “PRESS” patch off of my back and put it in my pocket. According to their words, that patch would have made me a prime target. I’m sure you’re familiar with the story of Marie Colvin and her death in the Syrian city of Homs, where she was deliberately targeted. This needs to be considered when you are planning on traveling into war zones where there are some sides or regimes known for aggressively suppressing free speech.

Prepare Yourself and Your Family or Employer

Before you leave your home country, make sure you’ve got everything sorted. Your passport cannot expire while you’re away. Your press pass or accreditation has to be valid. Don’t rely on the originals only. Have a photocopied version of your passport stored safely and physically on you as well as a digital copy, which is easy to find. If you can, memorize the most important phone numbers like your family or employer. Know how to contact your embassy if you get in trouble, and let them know you’re in the country beforehand if it is recommended. 

Another essential document to prepare could be your Proof of Life. This is a document with information only you yourself and your appointed contact back home knows. It will be used to confirm you are still alive in the case of a kidnapping. It can be a series of easily memorizable questions and answers that cannot be guessed or information that nobody knows and can’t look up. Imagine any potential kidnapper trying to extort your close ones saying they have you captured. The only way to confirm it is really you and that you are still alive is through this document. 

What About Camera Gear?

“Gear doesn’t matter,” you hear often. And, for the most part, I agree, if you’re a hobbyist street photographer walking around London snapping tourist candids or if you’re just an enthusiast portrait photographer. But, if you are in a life-threatening scenario and the sole reason for your being there is to take photographs and tell a story, you better have camera equipment that you know you can count on to take a beating and work unless there’s a bullet in it. 

You also want to have something to show once you get back home and start working on your captures, so I think it is a must to have the ability to shoot on multiple memory cards at once. A single card slot camera is just asking for lost files. Weather-sealing is a no-brainer. There is no time to worry about pouring rain, falling in a meter of snow, getting covered in mud, working in negative 20 degrees Celsius, or banging your camera against the door frame of an armored truck you’re trying to jump into as fast as possible. There is a reason photographers in the past used simple and mostly mechanical cameras like the Leica M6, Nikon F, and similar. 

Nowadays, the cameras of choice often include beasts like the 1D X series from Canon, D5/D6 from Nikon, or other top-level large and heavy bodies. It does not have to be this way for everyone, though. Smaller and lighter cameras can often be built just as well, with great image quality and tough features. I personally have always used Fujifilm bodies like the X-Pro2, X-T1, X-T2, X-Pro3, and similar, all the way to the current X-T5. The image quality is more than enough, the speed of the cameras has never hindered me in any way, and the way they are built is just incredible, especially the X-Pro2, which I reviewed in an article called Still a Brilliant Choice Seven Years Later: Fujifilm X-Pro2 Re-Review. This is not to mention the weight-saving benefits over a set of 1D X bodies each with a lens. And you most definitely need at least, two as you never know what is going to happen. Backups are key.

In terms of durability, I can also imagine going for the new OM-1 from OM System (or any E-M1 from Olympus for that matter), or a Pentax DSLR. Some of my acquaintances are even going back to shooting fully mechanical analog cameras due to their sheer reliability in any conditions. Some of the best documentary work throughout history has been shot on film, so I can understand the idea. Just look at the 20th-century works of Sir Don McCullin, James Nachtwey, Patrick Chauvel, or W. Eugene Smith. 

So, yeah. On one hand, gear really does not matter, as long as it can get the job done and survive. If it does not break the bank and your back, that is even better. Just make sure you know it inside out. Be ready to use it blindfolded. Important moments and events happen in a blink of an eye, and you do not want to be fiddling with the settings when you should be photographing. Set your camera in a way you rarely ever have to visit the menus. Just make it simple, fast, and don’t be afraid to speed your process up by going aperture or shutter priority. Manual is for those who have the luxury of enough time. Unless manual is faster for you. Just don’t let your camera be in the way of you and the shot.

Other Necessary Equipment

It does not matter where you are going, you need to be ready to survive whatever situation you find yourself in. I never count on my surroundings and comforts. Have a way of sleeping comfortably. Just a simple bivvy and a quilt on the bottom of your bag lets you spend the night pretty much anywhere without being a burden to others. Dress warm for the winter, don’t overdress for summer. This is basic stuff, but it can save your life. Always, and I mean always, have some water on you or a means of getting safe drinking water. You have to stay hydrated. A sturdy metal bottle is going to be your best friend.

In terms of food, I often went local and bought whatever was available. That isn’t always possible, though, so I keep some quick snacks in my bag, which can keep me functioning for at least a day or two: simple stuff like dried cranberries, maybe an energy bar or two, some nuts — small and lightweight food reserved for when I cannot find anything else to eat.

You have to have a trauma kit! There is no other way around it. An easily accessible and fully stocked first aid kit will come with a spare tourniquet, a field dressing, Celox tape, safety scissors, some bandages, a chest wound seal, disposable gloves, leukotape, and a disinfectant. Other medicinal equipment to have on you could be over-the-counter painkillers, diarrhea relief,  wet wipes, talc, a thermal blanket, and a shemagh or a similar multi-purpose scarf. Most of this, you hope never need to use, but you don’t want to be caught without it when you do need it.

Last but not least is charging equipment for my cameras or enough spare batteries, including multiple smaller memory cards which I swap often, instead of a single huge one, to prevent data loss. I usually rock a few 32 GB cards mixed with some 64 GB cards for backup. It is a lot safer alternative to a pair of 256 GB cards.

Find a way to stay sane. There is a lot of waiting and doing nothing. Oftentimes, you could spend days just not having anything to do. I usually take a book with me to occupy myself during these periods of quiet. Just make sure it’s not a massive hardback with thousands of pages. The key is to travel light, after all.

Do you ever feel like you carry too much camera gear when out practicing landscape photography? A camera bag, a camera body, a trio of lenses, batteries, filters, a tripod, maybe a drone or action cam: it all adds up. This video looks at taking a minimal approach and some of the advantages that it brings.

In this video, Henry Turner heads out into the Lake District with a minimal camera gear setup for an evening of landscape photography. Normally, he is like many of us landscape photographers, heading out with a large camera backpack filled with a variety of camera gear and tripods. 

Turner first looks at the mid-sized hip pack he downsized to for this trip. He then shows the camera equipment he packed, including the Nikon Z30 camera body, a Nikon 24-200mm lens, a circular polarizing filter, and spare batteries he is carrying in the hip pack. 

Turner then covers several of the advantages of not overpacking and taking a minimal approach. Some of the key advantages include better mobility, which allows better movement along the trail and access to gear, all while having less fatigue from carrying a heavy camera backpack. 

Turner utilizes a key camera technique to help facilitate a one-lens setup, which he demonstrates in the video. It is a very handy technique to help reduce the number of lenses a photographer might carry.

As a habitual overpacker, I found the video quite useful, and it has me wanting to try a few landscape photography trips with a minimal camera gear setup.

Navy Veteran Walter Smith’s art teacher is just a hop, skip and a jump away from the front door of his childhood home.

His fondest times there have always included creativity in one form or another. As a child, he dreamed of the day he could have a camera in hand, using photography to explore the vast wildlife of nature. Now as an adult, you can spot him across Delray Beach nature trails and parks capturing the essence of mother nature.

With the help of VA’s Veteran Readiness and Employment program, the aspiring photographer was able to make his childhood dream his new reality with the deluxe gift of a Sony camera, laptop and Photoshop software.

For over 15 years, creativity has been at the tip of his finger with every photo capturing what lies behind the breezy trees and trails of South Florida. The camera was Smith’s key out of the door. He still remembers the days he would approach his front door and twist the lock open to immediately twist it back to seal it shut.

“That moment is my PTSD therapy.”

“As a PTSD Veteran, every day is a challenge. Photography helps my PTSD by allowing me to get out of my home and express myself without encountering too many people. When I take a picture, I practice mindfulness. I focus on the moment and focus that energy to capture my surroundings. It is that very moment that is my therapy for my PTSD,” Smith said.

Leaving his home to venture out into the unknown was something he would have never fathomed but is now his daily routine with not just the equipment of his dreams but also the support behind him.

“The Creative Arts team at West Palm Beach VA has become my little mini-family. They have changed my life and have opened so many doors for me. What really matters to me is that I know somebody believes in me and supports me,” he said.

This support has evolved into the display of his captured moments. His artwork speaks for itself. “It allows me to introduce myself without having to speak. I just share a picture. It is my way of expressing myself. My creativity has always been my inner voice. The feedback I get from pictures is so satisfying and just so great to hear.”

With every adjustment to the lens to see the picture clearer, Smith replaces difficult battle images in his mind with new peaceful images of his South Florida explorations.

A lot of interesting photography equipment is released almost every week. This could be an upgrade to something you currently are using or something new that you’ve never considered buying before. However, think twice about spending your hard-earned money on new photography equipment.

There isn’t enough money in the world to buy all the photography equipment flooding the market, either recently released or on the brink of release. While you don’t need everything that’s available, there are always interesting items that might catch your attention.

As of the time of writing, Atomos has unveiled a new Ninja external recorder that promises a lot of enhancements over its predecessor. I came across an interesting smartphone case and tripod created by Peak Design. Zhiyun has introduced a 200 Watt LED light that’s extremely portable and could be quite interesting for filmmakers on location. Shimoda has launched a second iteration of the Explorer backpack, and SmallRig offers a small yet powerful V-mount battery. And the list goes on and on.

It doesn’t end there. New cameras are released on a regular basis, offering more functionality, improved ergonomics, and higher resolutions. New lenses are as well, some of which are truly unique, offering possibilities that weren’t accessible before. These recent additions promise superior pictures, more stunning results, and, on some occasions, will be the answer to made up problems you never knew existed in the first place.

Spending Money Without Any Benefits

It’s tempting to spend your hard-earned money on new equipment, either as an upgrade or as a new piece of gear to play around with. You have to ask yourself if it’s worth it. Does it have any benefit for your photography or not? Perhaps you need to think about it a second time, or even a third time.

It’s difficult to resist the call of new equipment. Truthfully, the experience of unboxing new gear can be exceptionally gratifying. This could be as simple as a new light stand or as exhilarating as a new lens or camera. The prospect of using it can give a lot of satisfaction. However, following the initial excitement, will the usage be extensive, or will it inevitably be destined to collect dust on a shelf? 

For a new camera, the answer is straightforward. Naturally, it will be used a lot. Yet, ask yourself whether you’ll make use of all the new functions and possibilities it offers. Does it offer a real benefit for your photography, or is it just nice to have available? 

For other pieces of equipment, the answer to that question might not be as straightforward. Will that new tripod see frequent usage? Is the new microphone truly the answer to a better sound? Does the new V-mount battery have any real benefits if you already possess one that meets your current requirements? Is the new LED light superior to its predecessor?

It would be a real waste of money if that new piece of equipment is used less and less after the initial excitement, until it is just occupying space on the shelf or in a drawer. Eventually, you might opt to sell it, often at a considerably lower price, since the secondhand market might not be eager to invest heavily in an older model.

Ask Yourself Enough Critical Questions

While it’s virtually impossible to evade the trap of acquiring unnecessary gear entirely, you can try to minimize this tendency by asking yourself a few critical questions. It’s not about assessing whether you require something to facilitate your photography; rather, it’s about the necessity of items you’ve encountered or read about.

• Does it resolve a recurring issue, or are you fabricating a problem to justify its acquisition?
• Do you genuinely have a purpose for it, or are you inventing a purpose?
• Is the price justified for the amount of use you anticipate?
• Can you see it becoming an integral part of the gear you use on a regular basis?
• Is it a useful addition for the gear you own at this time?

In the context of a camera, lens or any other equipment upgrade, these questions might be useful as well:

• Is your present equipment constraining your photographic capabilities?
• Does the new upgrade offer enough extra possibilities, or don’t you have any use for it yet?
• Is your current gear so old, used, or battered that replacement is imperative?
• Do you believe you finally make use of the new equipment compared to the previous model?

These Might Be Silly Questions, But They Might Save You a Lot of Money

You might find these questions a bit silly, perhaps. However, providing earnest answers can lead you to the realization that the new gear is nonessential for your photography or that the enhancement doesn’t sufficiently justify its cost. 

Moreover, if you bought an expensive piece of equipment last year and you don’t use it enough, its value is considerably diminished, regardless of whether you used it only once or extensively. The secondhand market is a testament to how numerous photographers acquire new gear without much contemplation. This explains why descriptions often include phrases like “almost new” or “used only once.” In essence, acquiring equipment is never an investment; it’s simply a tool.

This doesn’t imply that there is no equipment that proves to be exceptionally valuable for your photography. But it’s wise to refrain yourself from spending your money on items that don’t genuinely fulfil a requirement. 

Avoid becoming fixated on gear, wanting to have the latest or the best available. This is called the Gear Acquisition Syndrome (GAS), as you might know. While new equipment could indeed be helpful, ultimately, the amount of equipment you own won’t determine the quality of your photography.

Have you bought equipment that in the end you didn’t use that much, or perhaps you regretted the acquisition? If so, kindly share your experiences in the comments section below.

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Evelyn Waugh famously held that taking a keen interest in ecclesiastical matters was often “a prelude to insanity”. Much the same might be said about newspaper columnists taking an interest in intellectual property law. But let us take the risk. After all, you only live once – at least until Elon Musk creates an electronic clone of himself.

On Friday 18 August, a federal judge in the US rejected an attempt to copyright an artwork that had been created by an AI. The work in question is, to the untrained eye at least, no great shakes. It is called “A Recent Entrance into Paradise” and depicts a three-track railway heading into what appears to be a leafy, partly pixellated tunnel and had been “autonomously created” by a computer algorithm called the Creativity Machine.

In 2018, Stephen Thaler, CEO of a neural network firm called Imagination Engines, had listed Creativity Machine as the sole creator of the artwork. The US Register of Copyright denied the application on the grounds that “the nexus between the human mind and creative expression” is a crucial element of protection.

Mr Thaler was not amused and issued a lawsuit contesting the decision, arguing that: AI should be acknowledged “as an author where it otherwise meets authorship criteria”; that ownership of copyright should then be vested in the machine’s owner (ie him); and that the register’s decision should be subjected to judicial review to clarify “whether a work generated solely by a computer falls under the protection of copyright law”.

Which brings us to the district court in Washington DC and Judge Beryl A Howell, who ruled briskly that the register had not erred in denying Thaler’s application for copyright. “United States copyright law,” quoth she, “protects only works of human creation.” She did, however, concede the validity of Thaler’s claim that “copyright law has proven malleable enough to cover works created with or involving technologies developed long after traditional media of writings memorialised on paper” and went on to point out that the most recent version of the US Copyright Act allows copyright on “original works of authorship fixed in any tangible medium of expression, now known or later developed”.

So the law, in all its majesty, is apparently not blind to technological innovation. But, writes Judge Howell, it has always insisted that “human creativity is the sine qua non at the core of copyrightability, even as that human creativity is channeled through new tools or into new media.” Why, had not the supreme court itself ruled that photographs were copyrightable creations of “authors” (AKA photographers)? After all: “A camera may generate only a ‘mechanical reproduction’ of a scene, but does so only after the photographer develops a ‘mental conception’ of the photograph, which is given its final form by that photographer’s decisions.”

Quite so. But when did the supreme court come to this enlightened view? Er, 1884, when the court upheld the power of Congress to extend copyright protection to photography in a case involving a photograph of Oscar Wilde, no less! This is interesting because in 1884 – and indeed until comparatively recently – cameras were essentially dumb, analogue machines. You pointed them at a scene, decided on the required exposure (possibly with the aid of an exposure meter), set the shutter speed and aperture and pressed a button. The image produced by this process was chemically etched on to a glass plate or a strip of celluloid.

And now? Almost all cameras are digital and are in smartphones. You choose what you want to photograph, sure, but everything that happens from then on is done by computation. In many smartphone cameras, the images are “post-processed” by tiny but powerful AIs. (Which is why Apple has a legion of engineers working just on the iPhone camera.) The result is that it’s now rather difficult to take a “bad” photograph – one that that is under- or over-exposed, out of focus or blurred by camera-shake. Accordingly, most of the human “craft” of photography is taken out of your hands. And the creativity involved is boiled down to spotting an opportunity (Cartier-Bresson’s “decisive moment”, perhaps) or a scene, framing it and pressing a button. Everything else is done by AI.

Still, at the moment it meets the “human involvement” criterion of the 1884 judgment and of contemporary copyright legislation. But my hunch is that its days are numbered. Indeed, even Judge Howell seems to agree. “We are approaching new frontiers in copyright,” she writes, “as artists put AI in their toolbox to be used in the generation of new visual and other artistic works. The increased attenuation of human creativity from the actual generation of the final work will prompt challenging questions regarding how much human input is necessary to qualify the user of an AI system as an ‘author’ of a generated work.”

She’s right. And – who knows? – if he lives long enough, Mr Thaler may even get his copyright.

What I’ve been reading

Worldly wisdom
Eleven Theses on Globalisation is the title of a bracing post on his Substack by the economist Branko Milanović.

Well versed
There’s a marvellous essay by the late Seamus Heaney in Salmagundi magazine called Place, Pastness, Poems: A Triptych on the poetic uses of memory.

AI future shock
Read The AI Power Paradox: Can States Learn to Govern AI – Before It’s Too Late?, a sobering essay in Foreign Affairs by Ian Bremmer and Mustafa Suleyman.