COPYRIGHT INFRINGEMENT – A Cautionary Tale by Angela Classen, CLA (Certified Legal Assistant)

Lilly Pad Room at Onondaga Cave, Missouri

Some of you may be aware that I am a paralegal during the week, and am an avid photographer when I’m not slaving away on personal injury files. I sell fine art prints of my work, maintain a web site and a blog, and have been published in Kansas! Magazine. I also belong to on-line photography forums where I post some of my images and receive constructive criticism and commentary. Little did I suspect that by participating in these activities, I would become the victim of copyright infringement.

In 2010, I Googled my name as I did on occasion just to make sure my web site and blog are being picked up by search engines, and I scanned the first couple of pages of results and found one labeled “Show Me State” and clicked on it. A PDF document called “The Show Me State of Mind” which appeared to be a travel and tourism supplement to a newspaper in Columbia, Missouri opened. As I scrolled through the pages, trying to figure out why this document appeared when I searched my name, I was stunned and shocked to see my photograph of the Lilly Pad Room at Onondaga Cave (located in Missouri) gracing the pages of this supplement. I looked twice, then again. Was that really my photo? I had never been contacted by anyone asking permission to use the photo, and I certainly hadn’t received any payment for its use (I would have remembered that!) As I looked again and again, I was certain it was my photo because it contained unique characteristics, and I noticed they had included a credit line underneath with my name (which is how Google picked it up). From what I could see, the supplement had been included with the printed newspaper, and they also posted it on their web site with a link to access the supplement. To make this matter even more outrageous, I discovered the newspaper was owned and operated by the University of Missouri School of Journalism. “Surely the professors there understood copyright laws and taught them to the journalism students,” I said to myself numerous times.  Although my images did not contain a copyright mark directly on them, my web site and blog both clearly state all images are copyrighted and may not be used without my knowledge or permission.

I felt cheated and violated. Someone stole my picture and although they gave me a credit line under the photo, they hadn’t asked my permission to use it and certainly didn’t pay me for this use. Although I consider myself a generous person, I certainly wouldn’t have agreed to let someone use this photo without some sort of compensation because I do have costs associated with my photography (equipment, software upgrades, mileage, gas, etc.) that I need to recoup.

I instantly posted a cry for help on my photography forum and asked my boss at the time if he knew anything about copyright law. He referred me to another attorney in our firm whose specialty was copyright law, and between these two sources, I received lots of great advice on how to handle the infringement. Later in this article, I’ll tell you what I did and what result I obtained.

Because of this situation, I had a lot of questions. What is a copyright? What is protected by copyright, and when someone violates it, what remedies can be sought for the infringement? Copyright law is located in Title 17 of the United States Code. Copyright protection is given to original works of authorship including literary, dramatic, musical, artistic and other certain intellectual works (but you cannot copyright an idea). Examples include (but are not solely limited to) poetry, books, movies, songs, computer software, photographs, paintings, sculptures, choreographic works and even architecture. Photographs are specifically included as “pictorial, graphic and sculptural works.” 17 U.S.C. § 101. In contrast, trademarks protect words, phrases, symbols or designs identifying the source of the goods or services of one party and distinguishing them from others (think of the golden arches that McDonald’s uses), and patents protect inventions or discoveries. Generally, copyrights (for works created on or after January 1, 1978) endure for the lifetime of the creator’s life plus an additional 70 years after his/her death. 17 U.S.C. § 302.

When is a work (such as a photograph) protected by copyright? Is registration necessary to claim copyright and recover damages in case of an infringement? A work is protected the moment it is created and fixed in a tangible form, and no registration is required, although registration does afford the owner advantages in case of an infringement. Copyright is owned by the creator of the work, and mere possession of the work does not give the possessor copyright. In the case of my photograph, the moment I clicked the shutter button, the image was protected by copyright laws. Under the 1976 Copyright Act, the use of a copyright notice on works was required. However, this requirement was eliminated when the U.S. adopted the Berne Convention in 1989 (use of notice may still be required for works created before 1976). From my involvement on the photography forums, I learned it is important to include a copyright notice on photos I post to the internet (although at that time I rarely did because I honestly didn’t think anyone would steal my images), but it is not required in order to establish copyright. It does put parties on notice the work is copyrighted, even though the work might not necessarily be registered with the U.S. Copyright Office. The lack of a copyright notice is not a defense to an infringement action. Registration does have benefits in case of an infringement in the form of allowance of attorney’s fees, costs and election for statutory damages. Pursuant to 17 U.S.C. § 412, unless the work is registered within three months after first publication, no statutory damages or attorney’s fees may be awarded.

Copyright notice should contain the three following elements:

“1. The symbol © (the letter C in a circle), or the word “Copyright,” or the abbreviation “Copr.”; and

2. The year of first publication of the work…and;

3. The name of the owner of copyright in the work, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner.”

(17 U.S.C. § 401(b))

An example of a copyright notice would be: © 2010 Angela Classen

One major exception to the exclusive right of the copyright owner is contained in 17 U.S.C. § 107, which defines “fair use.” If the use is for the purpose of criticism, comment, news reporting, teaching, scholarship or research, it is not an infringement. Four factors are used to determine whether the use is fair use:

“(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.”

(17 U.S.C. § 107)

Unfortunately, the distinction between fair use and infringement is unclear and not easily defined. There’s no specific number of words, lines or notes that can be safely used without permission. Acknowledgment of the source is no substitute for obtaining permission.

What does a copyright owner do once it is discovered an infringement has occurred, and what remedies are available? 17 U.S.C. § 504 provides remedies for copyright infringements, which can include actual and statutory damages, injunctions, impoundment of infringed articles, and costs and attorney’s fees. In certain instances, criminal charges can also be filed. 17 U.S.C. § 506. If the court finds the infringer willfully violated the copyright, statutory damages could be awarded in the amount of $750 to $30,000, with the discretion to increase the damages up to $150,000. Again, statutory damages and attorney’s fees may only be awarded if the copyright has been properly registered.

Because my photo was also posted on the internet, provisions of the DMCA (Digital Millennium Copyright Act) were also applicable. The DMCA was signed into law in 1998 and amended Title 17 to broaden copyright, while limiting liability of on-line service providers (ISP) for copyright infringement by their users. The DMCA provides that the copyright owner must serve written notice upon the ISP that an infringement has occurred, specifically identify the copyrighted work, and certify that the use is unauthorized. Upon receipt of a DMCA “take down” notice, the ISP is obligated to remove the material and if it doesn’t, may subject itself to monetary liability. 17 U.S.C. §§ 512(c)(3), 512(g)(1).

When I discovered the newspaper had used my image without my permission, I wrote a letter to the editor of the newspaper advising of the infringement and requesting an exorbitant amount of money (knowing the amount would eventually be negotiated). At this point, I did not issue a formal DMCA takedown notice. Within three days, the manager of the paper called. He was unsure how the image had been used without my permission, but ensured me he was checking into it and would immediately take down the image from the web site (which he did). The next day he called again, stating the infringement had been completely unintentional on their part, and over the next week or so, we eventually negotiated an amount to settle the matter which ended up being much more than the amount they would have paid me had they contacted me prior to publishing the photo. How is this experience relevant to your everyday life? Do you prepare PowerPoint presentations for work in which you use images? Have you surfed the web in search of a particular image, to post on your Facebook page, use as wallpaper on your computer, or for whatever use? Do not assume that because an image is found on the web, it is free to use or “public domain.” The same is true for music. Have you put together “slide shows” of photos, used your favorite song in the background, and shared it with friends on the web? Or video taped your kids with music playing in the background? Unauthorized use of images or music could subject you to civil awards and fines, even if your use was completely innocent and unintentional. However, many courts have ruled such uses are considered “fair use” and have found no infringement occurred. See Lenz v. Universal Music Corp., 572 F. Supp. 2d 1150 (2008). In this case, Stephanie Lenz posted on YouTube a video of her kids dancing to Prince’s song, “Let’s Go Crazy.” Universal (the copyright owner of the song) sent YouTube a DMCA takedown notice claiming the video violated copyright. Lenz claimed fair use of the material and sued Universal for misrepresentation of a DMCA claim. The court ruled in Lenz’s favor, holding that a copyright owner must consider fair use before issuing takedown notices for content on the internet. Be cautious in what you do, or you could find yourself defending a copyright action.

What did I learn from this experience? Images posted to the internet will be stolen, no matter what I do, but by placing a copyright image on them, it might be less likely to occur. These days, when posting to Facebook, I always include my copyright on the photo.  I also learned it certainly never hurts to Google yourself once in a while just to see what pops up! For those who are curious, here is the page spread from the newspaper with my stolen image:

 

Thank you, Mizzou, for my new computer!!

If you have had an experience with copyright infringement of your photos or other copyrighted material, please feel free to share your thoughts.  I would love to hear how others have handled infringements and what results they got.

 

2011: Year in Review

Yes, it’s that time again – a review of my personal favorite images from the past year.  Let’s get right to it!

#10 - Lime Creek Waterfall

My cousin has a summer home near the Durango/Silverton area, and we made it down to visit her this summer in mid July, the perfect time for wildflowers and waterfalls!  She showed me this awesome fall on a rather short trail on Lime Creek somewhere near Molass Pass.  She’s a photo nut too, and we spent quite a bit of time shooting this fall from different angles and perspectives.

 

#9 - Claret Cup

I was pleasantly surprised when spring rolled around – the desert actually has a lot of blooms!  Here in the Grand Valley, we were blessed with some early spring moisture which seemed to create a bounty of wildflowers.  I shot this on the Rustler’s Loop, a part of the Kokopelli mountain bike trail system near Fruita.  This trail has numerous claret cup cactus, some of them getting quite large.  I used my fold-up diffuser with this one to soften the light.  Claret cup are my absolute favorite cactus, both because of the incredibly, intensely colored blooms, and because of their growing habit (they grow into rounded mounds) and are quite fun to shoot even when not blooming.

#8 - Monument Canyon sunset

One of my favorite perches in Colorado National Monument (or simply “the Monument” as we locals call it) is on the Canyon Rim Trail which starts at the Visitor’s Center and follows the rim of Monument Canyon all the way out to the Window Rock overlook.  Incredible, unobstructed views abound on this trail, and close to sunset is the best time to photograph the rocky monoliths rising from the canyon floor.  This year, I found this wonderful juniper to use as a foreground element.

#7 - Pink Sego Lilly

Until this spring, I had only seen photographs of sego lillies.  I was thrilled to finally find some blooming on part of Mary’s Loop, another trail in the Kokopelli trail system.  Trying to think artistically, I thought the dried stems behind the bloom were reminiscent of baby’s breath.  Sego lillies are beautiful, but a bit difficult to photograph as their stems don’t leave you much to work with because they are so small and lacking in number of leaves.  They are a very delicate flower.

#6 - Rough Canyon

I discovered Rough Canyon late this spring and hiked at the optimum time: when water was rushing down the creek.  I was astounded to see so many beautiful little cascades in the middle of the desert!  This is an awesome hike, especially at that time of year.  A ways down the canyon (when runoff is still going), there is another nice little waterfall that spills over a beautiful sandstone ledge.  It’s a little tough to get to, and I banged my knee up pretty good trying to get back up.  Unfortunately, I wasn’t there at the right time to get good light on that waterfall, but I sure do love the image I got of this little cascade!

#5 - Sneezeweed & Lupine

The Grand Mesa is not considered a wildflower mecca by photographers, but I was again pleasantly surprised this summer to see the variety of blooms it offered.  The only drawback:  bazillions of mosquitoes!  I’ve never seen so many hungry little bloodsuckers in one place.  It was all I could do to stop, set up, and get three or four shots before being forced to MOVE to keep the skeeters at bay, even after literally bathing in DEET.  Nope, Minnesota has NOTHING on Mesa skeeters!  My husband wanted to mountain bike on the Flowing Park Trail, so I just followed in his wake for a while and hiked out a couple miles and came back.  The prevailing wildflowers on this hike were by far sneezeweed and lupine.  I had a great time trying to pair the two brightly contrasting colors and love the result of this one.

#4 - Mixed Bag

My husband and I made a short trip to the Ouray/Telluride area the first weekend of October.  While he biked, I drove around and shot fall images.  My favorite roads were County Roads 5 & 7.  Gorgeous, gorgeous country down there and I must say, probably the best scenery in the entire state.  I also drove a short portion of the Last Dollar Road near Telluride, which is where I found this exotic mixture of aspens which spanned the color spectrum from green to yellow to red to almost purple.  The colors really, really grabbed me.

#3 - Rifle Falls

I ventured over to Glenwood Springs in June to hike the Hanging Lake Trail, only to discover there were NO parking spots available! What to do?!  I had just driven an hour an half.  Was I to come away with nothing to show for it, except an emptier gas tank? As an alternative, I headed back west to Rifle Falls, and didn’t regret the decision.  Rifle Falls is an incredible triple waterfall that you can walk right up to and don’t have to endure a long, painful hike to get to it.  In fact, it’s literally right off the road.  There are also some really cool caves and rock formations above the falls which are worth exploring, and a trail takes you to the edge where you can look down on the waterfall, a rather unusual experience.  I loved the composition of this one, but wasn’t prepared to be drenched from the mist coming off the fall.  I did go back a second time this summer, armed with some cloths to wipe down my camera. 

#2 - Double RL Divide

As I mentioned with photo #4 above, County Road 7 was beautiful.  Part of it goes over designer Ralph Lauren’s Double RL Ranch.  Not only is he a fabulous designer, he has impeccible taste in scenery!  This was taken somewhere on County Road 7 though I’m not sure if this was actually on his ranch or not.  This is the uber famous “Dallas Divide” which you can see from the classic pulloff on the main highway.  Fall is my favorite season, and with the gorgeous colors in this, it’s no wonder it’s close to the top of my list of favorite images.

#1 - Collared Lizard

Finally, down to #1!  Hands down, this little collared lizard is my favorite image of the year.  I love these brightly colored, small critters, and was so excited when this one let me approach and get really close.  In fact, he seems to be hamming it up a bit for the camera, don’t you think?  This was a handheld shot as I didn’t have time to set up the tripod, and the little critter would have probably scurried away had I tried.

Usually I go over the goals I had set the year before.  I think this year I’ll just skip that part!  Due to my job, which requires a fair amount of overtime, I find my fun time playing with Photoshop, sifting through and processing images, and trying to market myself has all but disappeared.  I guess my goal for the next year is simply to make more time to get out and shoot, and play with the images afterwards.  I’m also considering approaching a couple of small, local galleries to see if there’s any interest in displaying some of my images.  I just need to work up the courage!

My photographic year was not totally without accomplishment.  I submitted seven images to the Colorado National Monument Association for consideration in their annual calendar, and one of my images was selected for use as a grid photo.  I’m definitely going to try again next year.

Colorado National Monument Association 2012 Calendar

 In addition, one of my images of the inside of the roof structure of the “round” barn at Mullinville, Kansas was published in the Summer 2011 issue of “Kansas!” Magazine.

Page spread from Summer 2011 "Kansas!" Magazine

 Feel free to share your photographic goals for the year – I’d love to hear them, since I’m such a slacker these days.  Maybe you can motivate me!  Also feel free to comment on the photos as well.  I’d love to hear from you!

 

 

 

 

 

 

 

 

 

 

 

Colorful Colorado: Rattlesnake Canyon/Arches

Even before we moved here a year ago, I wanted to check out the Rattlesnake Canyon and its arches, touted as having the world’s second largest concentration of natural arches outside of Arches National Park.  My interest was piqued even more when my husband did a couple of trail runs into the area from the Pollock Bench trailhead after we moved here.  Unfortunately, I’m not in the physical shape he is, so a 15 mile strenous hike, with climbs and scrambles up and down small canyon walls to get there was not an option for me.  We decided to check out the somewhat easier 4WD route to the trail on Saturday.

There are three ways to access the trail to the arches.  The first is via the Pollock Bench trail, which begins in the McInnis Canyons Conservation area near Fruita, south of the Colorado River.  This trail is not for the faint of heart – it’s a grueling 15 mile round trip, and you must do some climbing.  Another route for you river rats is accessed from the river, launching from the Loma boat ramp.  Since I’m scared of heights and am a wimp, and I can’t swim, the only option left for me was via the 4WD road which is accessed via the west gate of the Colorado National Monument.  (I’m told if you let the rangers know you are just going to the Rattlesnake Canyon trail, you won’t be charged admission fee.  We have a park pass anyway, so didn’t try it.)  Drive up Rim Rock Drive for approximately 11 miles to 16 Road/Glade Park and turn right. Very shortly thereafter you pass over a cattle guard, and the sign for the Black Ridge Access Road is immediately to your right.  Turn right onto this road and let the adventure begin!  Watch for the signs – they are hard to see.  Follow Black Ridge Road to the juncture of the Upper and Lower access roads, and pick one (flip a coin if you must!).   We drove the Upper road and I must tell you we thought it was pretty gnarly about a mile or so from the trailhead.  Much of it is easy but that last mile or so is a doozy, with some steep terrain and lots and lots of rocks.  Since we didn’t take the Lower road, I can’t vouch for its condition.  DO NOT attempt either of these roads in a low clearance vehicle – I guarantee you’ll tear off the bottom of your vehicle!  4WD is definitely recommended due to the steep terrain and you just may not have enough oomph to make it up the hills with 2WD.  You should NOT attempt this drive/hike if there’s ANY chance of rain.  Both the Upper and Lower roads become impassible when wet, and these roads are totally closed from late fall until late spring.  People HAVE gotten stuck and stranded.  You don’t want to be one of those folks, trust me.  There is very little traffic on this road so rescue would be very long in arriving (not to mention expensive).  After a few miles, you will pass another junction with the Mee Canyon road.  Stay to the right to Rattlesnake.  There are several camping areas if you choose to do an overnight in this area (surprisingly I did see one tent).  There is no camping allowed at the trailhead.  We didn’t measure the distance, but figure it’s somewhere around 10 miles from the time you turn off onto Black Ridge until you finally reach the trailhead.  We honestly thought we’d overshot it somehow and needed to turn around, when we finally saw three cars at the trailhead.  Yes, three cars.  If you like solitude, this is the hike for you.

Finally, the trailhead!

The trail heads down an old jeep road for about half a mile, where there’s a junction with a trail where you can walk another half mile to an overlook of the last arch (this will add a mile to your total trail mileage).  You will actually be above this arch.  We decided to save our energy for the main event and skipped this part.  We kept heading down the trail, which at this point heads steeply down the canyon wall.  There are several sets of switchbacks as you wind down, and finally arrive at yet another juncture.  This is where the Pollock Bench trail comes in from the right.  As you head toward the arches, if you look carefully back at some point, you can faintly see another arch which is on the Pollock Bench trail.  We didn’t head toward that one either, staying on point with the main concentration of arches.  You will pass by a large sandstone point, and it’s shortly after here where the arches start to appear.  The hike through this area is pretty easy and level, with just a couple places near the arches where you actually have to deal with some large steps/rocks.  In between the arches, there are fascinating sandstone formations to your left, and the awesome Rattlesnake Canyon to your right.  The views are impressive wherever you look.  The arches, formations and colors are very similar to the Arches National Park and Moab area.  A photographer’s dream!

Sandstone formation near the arches

Hole in the Bridge Arch, or Bridge Arch

The first arch is called Hole in the Bridge Arch, or simply Bridge Arch.  A pothole from above has slowly eroded into an arch through the top.

The vertical version (which I like better)

Next up was Eye Arch, named for obvious reasons.

Eye Arch

There are several arches in here which I didn’t photograph.  More explanation on that later…

The next arch was my very favorite of the bunch.  It has several names:  Akiti Arch, East Rim Arch or (my favorite) Centennial Arch.  It has an impressive span of 40 feet and an opening height of 120 feet.  From this photo, the right tower appears to be leaning.  This is due to perspective issues with my 10-22 mm lens which is unfortunately permanently stuck on 10 mm (need to get it fixed!)  This is definitely a wide angle lens type of place because the trail passes very close to these arches, and on the other side of the trail is the steep Rattlesnake Canyon.  There isn’t a lot of room to maneuver around so a WA lens is definitely a plus.

Centennial Arch, Akiti Arch or East Rim Arch

The last arch (which is the one you can see from the viewpoint I mentioned above) is called Cedar Tree Arch or Rainbow Arch.  It has a massive span of 76 feet and an opening height of 43 feet.  I didn’t explore this arch up close, but I’ve read there is actually a way you can climb up and effectively make a loop out of the hike.  Since I’m afraid of heights, I do not recommend this, especially if carrying  precious camera gear!

My hubby Mike in front of the last arch on the trail, Cedar Tree Arch (or Rainbow Arch)

Me, trying to act like I'm having fun while secretly dying of dehydration!

Now, the reason I didn’t take many photographs in this awesome place is simple:  I was dehydrated.  I thought I had been drinking enough water but I knew even before the half-way point of the trail that I was in trouble.  We started out way too late in the day, we underestimated how long it would take to arrive at the trailhead, and the early afternoon, late August, Western Colorado sun was absolutely unrelenting.  Even after taking a granola bar/water break before reaching the end of the trail, I was still lightheaded and weak and had to stop numerous times, even on the flat areas.  I had to get out of that damn sun!  While attempting to scale the canyon wall back up, I honestly didn’t think I would make it.  My heart was exploding in my chest, I had a tingling sensation in my arms, my head was swimming and I was sure I was going to pass out and roll down into the canyon, never to be seen again.  Not a good sensation…  However, I finally did make it up and back to our truck.  I was never so relieved to see that beautiful Tundra!  When we got home, it was all I could do to drag myself into the bathroom for a quick shower then flop into bed and rest.

Recommendations for this hike:  DON’T attempt if it looks like rain as the roads become impassible.  DO drink LOTS of water, more than you think you need.  There is scarce little shade offered by junipers on this trail.  DO use copious sunscreen and a wide-brimmed hat.  DON’T plan an early afternoon summer hike if you can’t take the heat and sun.  DO watch the weather and if it appears rain is on the way, get the heck out of there.  Where all the arches are located is an exposed bench of sandstone which equals a lightening rod.  DO bring a wide angle lens and a polarizer.  DO have fun!!

Will I do this hike again?  Heck yeah, if I start earlier or go at a cooler time of year.  The views from anywhere on the trail are awesome, and the arches are icing on the cake.  The hike itself is pretty easy, except for the last climb up the canyon wall.  I would love to spend more time exploring every nook and cranny of the fascinating features of Rattlesnake Canyon and its arches.

 

Colorado National Monument 2012 Calendar

Desert Friend

Several months ago, I submitted 7 horizontal format images to the Colorado National Monument Association for consideration for their 2012 calendar.  Months went by, and I heard nothing.  Honestly, I had given up hope. A couple weeks ago, I received an e-mail that I was on the contributor list.  It didn’t list which image(s) they chose or what size, so the anticipation built as I headed up to the Visitor’s Center the next day to pick up my submissions and my complimentary calendars.  The above image was selected as a teeny-tiny “grid” photo featured on the month of August.

I shot this photo a few short weeks after we moved here in late August of last year.  Early one morning, I headed out on the Devil’s Kitchen/No Thoroughfare Canyon/Echo Canyon trail.  Less than 150 yards from the parking lot, I spied this rabbit chowing down on desert four o’clocks for his early morning meal.  I kept firing off shots as I crept closer, hoping I could get close enough to get something decent.  Out of all the images I snapped, this was the best of the bunch.

I did not receive any compensation for use of the photo, but did receive photo credit next to the photo and also on a contributor’s list on the opening spread of the calendar.  The committee advised that “hundreds of high quality images” were submitted, so I guess I feel lucky that I was one of  36 photographers selected.  The CNMA runs the gift shop at the Visitor’s Center with volunteers, and purchases there help to fund the CNMA’s mission to assist the National Park Service in educational, interpretive and scientific programs at CNM.   You can learn more about CNMA here.

The calendars retail for $12.95 and are available in the Visitor’s Center and many, many locations in the Grand Valley (including my aunt’s downtown store, Alida’s Fruits.) 

Since I spend a lot of time up in the Monument, I’m sure I’ll have more images to submit next year.

 

Colorful Colorado: Liberty Cap Trail, CNM

Yesterday morning at 7:15 a.m., I arrived at the Wildwood Trailhead, grabbed my small camera bag and water bottle, and headed up the trail.  My destination:  Liberty Cap, a sandstone formation that sits atop a high cliff in Colorado National Monument and looks like a giant sandstone Hershey’s Kiss.

The arrow points to the Liberty Cap formation

 Looks kind of far away in the photo, doesn’t it? The hike up to the Liberty Cap is only 2 miles from the trailhead, but seems much further due to the steep ascent. It’s a killer, and if you are scared of heights/exposure (like I am), I DO NOT recommend hiking DOWN the Liberty Cap trail. The trail is very steep with loose scree and gravel, and just the thought of going down, looking at the sharp dropoffs, gives me chills yet.  I can hike UP the trail, simply because I can’t see how steep it is behind me. The worst part by far is from when you begin to climb up behind the big slab up until the juncture where the Liberty Cap and Corkscrew Trails split (about a mile).  Here is a shot of the trail juncture.  I found a rock (in the shade) and rested for several minutes at this point, drank some water, ate my granola bar, and watched a brightly colored collared lizard eat a mid-morning snack.

At the trail junction, Liberty Cap splits to the right, and Ute Canyon/Corkscrew heads left

The ascent up the second mile to Liberty Cap is a little more gentle and is full of switchbacks as you still do quite a bit of climbing.  While going up, the trailhead parking lot caught my eye.  My car was just a tiny dot, and I still wasn’t all the way to the top yet.

Cars look like toys from this height

Finally, I rounded a corner and was able to see the Liberty Cap.  I had reached my destination!

 

At last!

 

 

Liberty Cap with one of the interesting rock formations on the surrounding bench

 

 

 

 

 

 

Until recently, there was an old ladder on the north side of Liberty Cap that you could climb all the way to the top.  The NPS has taken the ladder down for now due to safety concerns.  Of course, since I’m afraid of heights, I wouldn’t have attempted the climb anyway!  The contrast between the two “worlds” you can see from the bench at the top is amazing.  On the north side, the developed Grand Valley with its irrigated fields, orchards and suburbia spreads out before you.

Awesome views of the Grand Valley

 

On the other side, the beautiful unspoiled, wild red/orange walls of Ute Canyon, punctuated with the vibrant greens of pinyons, junipers and sage, rise from the canyon floor.

Ute Canyon

 

Ute Canyon

 I walked around for a bit, savoring the gorgeous views from high above.  I wandered and found the official sign for Liberty Cap, which was actually quite a ways back from it (what’s up with that?)  The trail does continue from here and winds its way back down to the floor of Ute Canyon and on up to Rim Rock Drive (a distance of another 5 miles, with little elevation gain).  I opted to head back down instead.

 

Liberty Cap and the sandstone bench

 

The NPS sign, further up the trail

I headed back down to the trail juncture and went on the Ute Canyon/Corkscrew Trail, which in very short turn splits yet again, with the Ute Canyon Trail heading up the canyon, and Corkscrew going down.  There is the most awesome old dead tree near the second junction that if I could be there in the right light, and find the right composition, would be such a cool subject to shoot.

Old, twisted tree on the trail

I wonder how long this tree has been dead, and how long it’s been here? The dry desert air has preserved all those wonderful twists in the trunk, rather than decaying into a pile of goo like trees do back “home.”

Twisted

The Corkscrew Trail is aptly named, as there are numerous switchbacks to get you back down the canyon wall.  The descent is so much more gentle than the Liberty Cap Trail, it’s amazing. It also makes a nice loop in combination with the Liberty Cap, and allows you to see geologic features from different perspectives.  You get great views of the Precambrian rock in this area coming down the Corkscrew.  The Precambrian rock is the dark, black rock and are the oldest group of rocks on earth. 

Precambrian rock on the Corkscrew Trail

 

 

Unfortunately, about 3/4 of the way down the trail, I somehow lost the trail.  Don’t know how that happened as it’s pretty well defined, but somewhere in scrambling down the numerous washes and boulders, I found myself in a spot that didn’t look familiar, and I had been moving too long (and not really paying attention to where I was going) to simply retrace my steps.  I knew I needed to keep going down off the canyon wall, and then needed to veer back west. I was a little worried because I had greedily sucked down all but two swallows of my water, thinking I was “almost there.”  The temperature had risen to the mid-80′s already, and the sun at this altitude is intense and unrelenting.  I also had seen only 6 hikers on the trail in a space of 3 hours.  Not good…  I kept following the wash I was in, then when it joined another wash, followed it down until almost at the bottom.  I decided at this point it would be best to climb up on a ridge to get a better perspective of where I was.  I decided to start heading west, and about 5 minutes later I found a very faint path.  I followed it in hopes it would lead me to the main trail, and fortunately it did.  I was never so glad to see an official trail marker!  When I finally got back to my car at around 11 a.m., I was thoroughly exhausted and extremely thirsty.  I stopped at the Conoco station at 24 Rd. & Patterson, bought a 32 oz. Pepsi from the fountain with as much ice as I could pack in the glass, and sucked down half of it before I got home.

 

I had hiked right at 5 miles with an elevation gain of around 1,000 feet (most of that gained in the first mile of the trail).  The views from the bench surrounding Liberty Cap are amazing and well worth the effort.  It’s a hike I will definitely do again!

 

Desert in Bloom

When we moved to Colorado in late August last year, one thing I knew I would miss in Kansas was the beautiful Flint Hills.  I loved it in the spring when the ranchers burned off the grasses – the smell always signalled spring to me.  A short time after the burns, the grass comes up and covers the hills with a velvet covering.  A few weeks after that, and wildflowers spring forth everywhere.  Last June, in one day, I identified over 30 different species in bloom near Alma, Kansas.  That was a day I won’t soon forget.  By mid-June, the grasses are getting lush and tall, swaying in the ever-present winds.  Fall brings brightly colored sumac, brilliant blue skies, dried grasses in every shade of rust, brown and amber you can dream of, and golden cottonwood leaves in the washes and near waterways. By far, though, my favorite time was early June: wildflower season.  I lamented that I would likely not see such displays of blooms ever again.

I didn’t expect the high desert around Grand Junction to yield much in the way of wildflowers.  Yes, we had been here in late May and there were signs of a few wildflowers, but I certainly wasn’t anticipating multitudes of blooms.

My eyes have been opened!

The high desert has tons of wildflowers.  Sometimes they are harder to see, but they are here.

In very late March and early April, a couple of short hikes up in the Monument (that’s Colorado National Monument to you non-locals) revealed at least a dozen varieties:  wooly milkvetch, wild alyssum, bladderpod, elegant thelopody, indian paintbrush, golden corydalis, yellow-eye cryptantha, bur buttercup, fendler’s spring parsley, western wallflower, and a couple I still haven’t identified.  On April 16 I took another short hike in the Monument and saw long-leaf phlox, yellow-eye cryptantha, wooly milkvetch, yellow cryptantha, indian paintbrush, puccoon, globe mallow, easter daisy, western tansy mustard, western wallflower, and another couple I couldn’t figure out.  My May 8 hike found sand verbena (smells SO good!), indian paintbrush, claret cup cacti, peppergrass, evening primrose, dwarf primrose, desert phlox, perky Sue, yellow-eye cryptanth, desert phacelia, fendler’s spring parsley, larkspur and western tansy mustard.  During the wildflower walk I attended on Saturday, we saw fendler’s spring parsley, sand aster, spreading fleabane, perky Sue, cryptantha (yellow AND white, but no yellow-eye), prince’s plume, claret cup cacti, twin bladderpod, peppergrass, sego lilly, crescent milkvetch, large-flowered breadroot, globe mallow, sand verbena, evening primrose, desert phlox, cushion wild buckwheat, bladderstem, indian paintbrush, and bluestem penstemon. Later that day while hiking in Rough Canyon, I also saw scarlet gillia.

Anyone who says the desert is lifeless has obviously not been here at the right time.

I’m going to resurrect my “Wild Thing” posts soon, since I have so many beautiful wildflowers to share.  Problem is, I’m having so much fun hiking, finding, and identifying them, it doesn’t leave me much time in front of the computer to write! Keep checking back to learn about the “Desert in Bloom.”

 

Kansas! Magazine Summer 2011

My photo of the roof interor of the round barn at Mullinville will be published in the summer 2011 issue of Kansas! Magazine.  It will be located in the gallery section, which is in the back of the magazine, and will be a half page in size.

Round barn at Mullinville, Kansas

The Fromme-Birney “round” barn was built in 1912 by Henry Fromme as a place to house his 28 draft horses.  In those days, round barns were supposedly thought to be more wind resistent, made more efficient use of space, and used less lumber to build for the same volume in space.  Actually, the barn isn’t round – it is 16 sided.  The cost to build it was $8,000.  The barn is 50 feet tall and is 70 feet in diameter.  Sadly, shortly after it was built, tractors replaced the horses and it ended up being used mostly for hay storage.  In the 1980′s, Phyllis Birney became the owner, and in 1987 the barn was placed on the National Register of Historic Places.  In 1993 it was given to the Kiowa County Historical Society, and in 1995 it was restored using a grant.

The interior of the roof is an architectural wonder!  I shot this photo looking up at the roof, and I’m amazed at the craftmanship it took to complete this.  They sure don’t build them like this anymore! 

Interior shot of the roof, Mullinville barn

 

Also inside the barn is a neat display relating the history of the barn.  The barn also has a really neat weathervane on top, and a very cool windmill outside.

Weathervane

Windmill

 

If you’re ever near Greensburg, be sure to take the side trip to see this historic gem, as it is definitely well worth the trip.  Kudos to the Kiowa County Historical Society for saving and restoring this amazing structure (and if you visit, be sure to put a donation in the box located at the barn).

Directions:  from U.S. Highway 54 at Mullinville, go 3 1/2 miles south, then 1 3/4 miles west.

 

Wild Thing! – Cobaea Penstemon

Cobaea penstemon

With winter now in full swing, I long for summer’s warmth and color.  Going through my library of wildflower images is a nice diversion at this time of the year.  Thus, another installment in my “Wild Thing!” series is born.

The bell-shaped blooms of cobaea penstemon

Cobaea penstemon is also known as showy beardtongue and wild foxglove, though it is unrelated to the true European foxglove.  It is in the scrophulariaceae (figwort) family which is the same family as snapdragons.  In Kansas, it is found in the east 2/3 of the state, but its range goes north and east to Ohio and south as far as Texas.  It favors sandy, rocky hillsides and especially limestone outcrops.  It grows from 6 to 40 inches in height with strong stems that bear clusters of 2-6 blooms that range in color from white or pinkish to pale lavender.  The throats have prominent magenta or violet lines.  It normally blooms in May and June, and the plants may be 2 or 3 years old before they produce blooms.

Cobaea penstemon, habitat shot (Wilson Lake in the background)

The first time I ever saw these exquisite blooms was two years ago while hiking at Wilson Lake.  We walked into this area (pictured above) that had dozens of these beautiful flowers, gently swaying in the breeze.  The blooms are bell-shaped and very graceful and elegant.  The purple stripes around the throat are beautiful, and the details inside are amazing.

Details of the throat of cobaea penstemon, shot near Tuttle Creek Reservoir

In this close-up, you can see why it is called a “beardtongue.”  Look at the fuzzy stamen protruding from the throat.

Cobaea penstemon grow gracefully next to a post rock at Wilson Lake

Cobaea penstemon is closely related to another prairie penstemon, Buckley’s penstemon, that blooms around the same time.  The blooms of Buckley’s penstemon are not as showy or as large, being more elongated in shape than bell-like.  It is a perennial, and livestock will quickly eat new growth.  The blooms are also a larval host for the dotted checkerspot butterfly, and attract other various butterflies and moths with its sweet nectar.

Sources:  Wildflowers & Grasses of Kansas by Michael John Haddock; www.kswildflower.org, www.wildflower.org

If you have any facts or information to share about this Wild Thing!, please feel free to post a comment.  I would like my posts to be both informative and entertaining, and any feedback is always appreciated.

 

2010: Year in Review

Last year I posted my 10 personal favorite images of 2009, followed by some photographic goals.  I guess it’s only fair to review those goals and see if I achieved any of them.  Unfortunately, I didn’t do so hot…

I did try to work on my technique so my photos are sharper, with some success, but I need to keep at it.  I did try to find markets for my work, with minimal success.  Largely due to our move to Colorado (and the accompanying extra work and stress), I was not able to sit down and spend time learning Lightroom and Photoshop, and definitely did not have time to get through my digital library and delete the bad images and catalog the good ones.  One goal I did achieve was shooting more flowers.  I shot hundreds of images of wildflowers, in addition to all the great tulip shots I got during Topeka’s Tulip Time.  I had a total BLAST shooting wildflowers in the Flint Hills in early June.  The wet winter we had created phenomenal blooming conditions, and I enjoyed every minute of it.  As with all goals, I’ll just have to keep trying.

Here are my personal favorites of 2010.  It was very hard to narrow them down to 10, so I have 10 plus 2 ”bonus” images.  Even getting it down to 12 was extremely difficult:

#12 - Divine Dallas Divide

For two days in early October, I attended a photography workshop near Ouray, Colorado.  I was treated to some insane fall color!  Since this was the first year I’ve been in Colorado in the fall, my eyeballs kept falling out of my head with all the color I was witnessing.  It was the most gorgeous spectacle I had ever seen!  This photo was shot on the last morning of the workshop at the oft-photographed Dallas Divide area.  I used my 70-200 mm lens to try and isolate some more intimate scenes in the grand landscape and loved how this little “island” of bare aspens was framed by vibrant bushes and brush. 

#11 - Prairie Rose

I spent a great afternoon in the Kansas Flint Hills while my husband was mountain biking.  The skies were overcast, and a shower had moved through shortly before we started. It was almost perfect for shooting wildflowers because the light was diffused and eliminated harsh shadows and saturated the colors.  I found this wild prairie rose along the roadside, dappled with raindrops.

#10 - Mountain Shack

Another one from my Ouray workshop.  While everyone else’s attention was focused on shooting the fabulous Wilson Peak as the sun prepared to rise, I took a look around behind us and discovered this cool old shack just a short way down the road.  I loved the texture of the wood, and the way the bright aspens framed the shack.  I was the only person in the workshop who shot this structure, and I can’t figure out why no one else even saw it but maybe it’s because I have such a fondness for old run-down buildings like this.

#9 - Mt. Craig

In early March, my husband landed a job interview in Granby, Colorado.  We decided to take a couple extra days and enjoy some mountain scenery while we were there.  We rented some snowshoes in Grand Lake and took an early morning snowshoe trip into Rocky Mountain National Park up the East Inlet Trail.  I was transfixed and almost hypnotized by the beauty of the fresh fallen powder on the evergreens, and couldn’t stop saying “God, this is so beautiful!”  It definitely gave me a better appreciation for winter conditions.  The snow somehow transforms the landscape into something magical.  I made this image of Mt. Craig later in the day when we returned for round 2 (my husband wanted to take a long trip further up the trail, so I shot photos while waiting for him).  Because the scene didn’t have much color anyway, I decided to convert to black and white, and think it turned out rather well.

#8 - Incoming Storm

Another day that I spent in the Kansas Flint Hills presented yet another opportunity – storm clouds!  My husband was again mountain biking, and thankfully it was more clear the direction he was headed.  This old abandoned stone barn on old K-18 Road west of Alma is always an interesting photographic subject, but with the addition of the cattle and the incoming storm, I couldn’t resist shooting – and glad I didn’t!  When we went back home, we had to drive through this storm and it was a doozy – a real “toad strangler” as my dad would say.  The skies opened up and absolutely dumped on us.  I’m glad my husband didn’t get caught in this on his bike.

#7 - Fallen Rock Cottonwoods

After the leaves had fallen from the trees up in the mountains and on the Mesa, I turned my attention to fall color in the Grand Valley.  One day I went up to the Colorado National Monument and spied this scene, with the vibrant cottonwoods in the wash creating a pleasing “S” curve, with the shadow play on the canyon walls.  With most of the tourists already gone from the Monument, it was a peaceful, quiet scene.

#6 - Fall Bouquet

Yet another one from my Ouray workshop.  We stopped on the Silver Pick Rd. at an aspen grove that was beautifully backlit by the late morning sun.  The workshop leader told us to not only look up but to look down as well.  It’s amazing sometimes what can be found literally at your feet.  I always try to do this anyway, and I hit paydirt on this day.  I loved the contrast of the bright red leaf with the golden aspen leaves, and the aspen twig added some nice texture.

#5 - Colorado National Monument

We made our almost annual trek to Grand Junction a little later in the year (late July) and I was treated to some monsoon moisture in the form of clouds!  We went up to the Monument a couple nights during our stay, and I captured this image which highlights the Kissing Couple formation and views of the Book Cliffs off to the north, all with some awesome clouds and lighting.  This was the first time I’d been to the Monument and had good clouds and light, so I was pretty excited to capture this image.

#4 - Three Gossips Sunrise

While staying in Moab in late July, I made myself get up early one day to do a sunrise shoot and chose the Three Gossips area.  I parked in the Courthouse Towers parking lot, and walked across the road and down into the wash.  Using my iFoto Guide: Arches, together with my GPS, I found the spot I wanted with the yuccas in the foreground.  Then I just waited for the sun to come up and do its magic!  It was very peaceful, and afterwards I walked around the wash quite a bit, looking for different perspectives and views of the Gossips.  However, this one was my favorite of the morning.

#3 - Lone Sentinel

The Kansas Flint Hills are one of my favorite places on earth, especially in late May after the annual burns and the new grass comes in like a velvet carpet.  I made several trips into the Hills this spring to take photos of the burns and the new grass, and had quite the adventure on this particular day.  You can read more about it in my prior post: “Lost & Found”.   I love to find solitary cottonwoods with nothing but wide open prairie behind them.  I had some nice puffy clouds to work with on this day, along with some great rocks in the foreground.  I also thought the broken, irregular part of the tree gave it a lot of character.

#2 - Oxeye Daisy

By far, my favorite wildflower shot of the year.  My husband found huge fields of beautiful oxeye daisies in the Kansas Flint Hills this year while he was biking.  I had never seen such prolific fields before.  This wasn’t one of the huge fields, but a small field on old K-18 Road just west of Alma.  I used my 70-200 lens to isolate the blooms.  I had such a blast shooting these wildflowers!  The light was perfect and the wind was light (a rarity).

#1 - Tulip Time!

I shot so many flower images this year and had an awesome time doing it, so it’s no surprise my personal #1 favorite this year is a flower image.  I spent the better part of two weekends shooting tulips during Topeka’s annual “Tulip Time” festival, which was slightly different from years past.  For many years, Tulip Time was held at the private residence of Gerald Binkley and was the primary annual fundraiser for the Topeka Beautification Association.  However, Mr. Binkley was getting rather elderly and simply could not keep up with the planting and care of all those thousands of tulips.  The city stepped up and planted thousands of tulips at various locations throughout town, and they were able to still do the fundraiser.  I went to the Old Prairie Town, Gage Park and Shawnee Co. Lake sites to take in the tulips, and they didn’t disappoint.  I shot hundreds of images those two weekends.  This one stands out because of the vibrant color combination, and the selective focus on the front row of blooms using my 70-200 mm lens.  The tulips were just incredible to see and loads of fun to shoot!

Now, my goals for 2011:

1.  Sit down and really learn Lightroom and Photoshop.  Yes, it’s a “recycled” goal but a good one.

2.  Get all my images organized and delete the bad ones.  Again, “recycled” but a necessity.

3.  Continue to look for markets for my work.

4.  Figure out how to properly use TPE so I can get great sunrise/sunset shots.

5.  Along with #4, get my lazy butt out of bed to be able to catch great sunrise shots.  I’m such a lazy slug on weekends.

Feel free to share your photographic goals for 2011 here.  I would love to hear what other photographers seek to achieve in the new year.  And you can comment about my photos too, if you want

 

Holiday Greetings!

With Christmas less than a week away, I probably won’t be making any posts this week.  I want to wish all my photography friends a very Merry Christmas!

2010 Christmas Greetings!

I moved to Colorado in September and believe it or not – I’ve not had any snow to shoot!   It has snowed several times here in the Grand Valley, but it vaporizes within an hour after falling.  I haven’t had a chance to get up on the Mesa yet, so I had to dig through my archives to find a suitable holiday image.  This was shot back in 2007 at Lake Shawnee in Topeka, Kansas after a bad ice storm rolled through.  Topeka was spared from the worst of it, but cities just to our north suffered severe damage from this storm in the form of miles and miles and miles of broken power poles, and accompanying loss of electricity.  Some folks were without power for weeks.  It was the worst ice storm to hit the area in years.  Very pretty to look at, but a mess to deal with.  I reworked this RAW file in PS CS4 and added some changes in levels and curves, and added some sharpening.  I toyed with the idea of converting to black and white, but decided I liked the addition of some warmth which the wood adds to the scene.

I hope everyone has a blessed, very merry Christmas!

Check back soon for a post about my favorite images of 2010.