WHO TOOK THAT? (Manifesto Photo)
Every time I see a photograph, particularly one I like, I look to see who created the image. In this highly digital age, I oftentimes can't find that answer. The way the typical internet user views photography is disposable. Grab this image, post it here. It's okay to print 'cause someone sent it our way. As a photographer, I see uncredited use of my photographs just about every day. And rarely am I ever looking to see it or expecting to see it.
Let's start with the silver linings. The aspects to this business which are quite flattering and keep me from being TOO angry about this.
A) People like my work enough to want to use it.
B) It's likely hundreds of people are looking at my work each day.
C) I've (some times) been compensated for this photo coming into existence in the first place.
That's really great news and thanks to everyone for helping with those things! It's hard as an artist to get noticed and/or appreciated at all. But the fact of the matter is ~ this also means my creative property is being stolen. Repeatedly. And I'm seeing no rewards and gaining nothing from it except daily irritation. If I booked just one session for every time that my work has been printed uncredited in newspapers and magazines (let alone all of those blogs and mailing lists and show invites!), I'd be much better off financially. If I had just one dollar for every time that has happened, I'd buy lots of booze and throw all my past clients a party. By my count, since the time I've been doing this professionally, I've photographed over 130 portrait subjects (not counting live shows and event coverage). That's a lot of people to keep tabs on...
It's quite similar to illegal music downloading. Those artists aren't profiting, and as soon as a song is put online it's subject to theft. Even if you aren't being compensated, you are at least being appreciated. However, when someone downloads your song illegally ~ your name is still attached to it. People wouldn't be downloading your song without knowing who you are. Perhaps they heard you playing in a cafe or missed your intro on the radio. The second that file loads into iTunes your name is associated with it. Since my work is largely portraiture, I am almost always photographing PEOPLE. If someone google searches for a person, and then steals that image ~ unless they are looking for it, they won't see my name and my name becomes disassociated with that image. I took that! And whether intentionally or not, you're trying to take that away from me. Even if it is a picture of you, you do not hold the copyright to the image (unless, like me, you are taking pictures of yourself).
To my comedian friends, if I took one of your jokes and made it my twitter update, wouldn't you be peeved? If you are a blogger, and I reused your text to market myself ~ wouldn't you feel cheated? Yet my friends can take my photos, lately cropping out my name/watermark, and email it to everyone they know to advertise a 10 minute set at the Comedy Hole, and I'm supposed to say nothing? My pals can blow up images I took and broadcast them on screens outside clubs to draw in paying customers, and I get nothing out of it? Don't get me wrong ~ I'm SO SO SO happy for your success! I'm stoked your show got another run, or you're up for an award, or you created a fan page, or you get to sing at your favorite venue ~ but also I'm proud of that work and I'm interested in your friendship and corresponding respect. I'm not about to attempt to sue you for copyright infringement because you're using my photo on your facebook profile, but I'd really appreciate it if you took the time to thank me when you used it. Each and every time you use it. I'm sorry if it gets repetitive. Drop me a line, and I'll send you watermarked versions so you don't have to worry about it.
Oftentimes I'm photographing friends. Or I become friends with a subject I have photographed. This turns the whole relationship of photo-use on its side because friendship interferes with my anger. Oh, she's a friend ~ it's okay that my photo of her is printed in Time Out, that's exciting news for her! Except wait, it COULD be exciting news for US... Instead, it's one more chance at exposure that has been taken from me BY MY FRIEND. This isn't to say that my friends haven't (by and large) been incredibly supportive of my talents, but when the photo credit isn't on your mind ~ clearly I'm not on your mind.
To photo editors and publishers, shouldn't this be a priority for you? Credit where credit is due? Why do my subjects constantly tell me that they gave you the information? They're certainly not ALL lying, because sometimes they see it before I do and they ask me if I've sent it to you! Please stop feeding me the line of "Oh! my editor must have done that for me before it was ready"... I've heard it too many times to believe it.
To the people I have no photo-relationship with at all who are reading this, thanks for reading this far. I'm excited you're showing an interest in the subject! Usually you just see a pretty picture you like, download it (or take a screengrab if the annoying photographer protected the stupid thing), and then use it or disperse it however occasions arise... After all, if it's on the internet, it's fair for you to use, right? If you don't sense the sarcasm in the last statement, I've got news for you. You don't understand photography copyrights.
A person takes a photo. That photo is the intellectual/creative property of the person who clicked the shutter. That person had the technical knowledge to make it happen. I'll say this again ~ even if it's a photo OF you, it is not YOUR photo unless the copyright has been transferred to you. Even if it's a point-and-shoot camera and your friend's no pro, trust me ~ not only will (s)he appreciate the credit, (s)he also deserves it. In order to USE that photo, you must have the consent of the photographer. And I mean use it for ANYTHING ~ your social networking profile, your blog, your event invite, your show flyer. If you do not ask the photographer and get their permission, what you are doing is called ILLEGAL USE unless they explicitly state that the images are free for use for everything. If a person takes a photo of you without your consent, you have every right to ask the photographer for that photo to disappear. This is your right on the other side of the camera.
Now when I began putting my photos out into the realm of the internet, I was not as knowledgeable as I should have been about protecting myself. Having sort of fallen into this profession, I've stumbled along the way to figure out my business equilibrium. Most of my photos are currently protected on Flickr as ALL RIGHTS RESERVED ~ meaning I retain the copyright to the images, and if you want to use them you must ask for permission. A fair amount (and more to come) are protected with an ATTRIBUTION/NON-COMMERCIAL copyright, which means that clients as well as the average viewer can feel free to use the images, so long as they are credited and aforementioned viewer stands no financial gain from the use. Anything that will bring YOU money by using my photos must be cleared by me and possibly might require compensation to me. I've also begun watermarking my work, and I'm sorry, yes it is distracting but it's saving me hassle and protecting my ass. If you decide to crop the watermark out, you are still obliged to credit me. The watermark, I know, won't solve this problem because most folks are capable of cropping ~ but it does deter from the typical ignorant mindset of download and post. It helps the non-malicious use. If you've purchased a shooting session, don't fret ~ you will get use of clean images, but you are still obliged to credit me and inform me of any commercial use.
I use the pronouns "I" and "me" and "mine", but really it's applicable to any photographer. The word "you" still means you, though... HEY YOU! Stop reprinting and reposting people's work without credit! I've spoken to many about solutions to resolve this pesky problem that never stops and won't go away. It won't go away until the public realizes it's a problem and that maybe means lots of rants like this. I hope other photogs in the area hop aboard. If the problem of "Who Took That?" keeps up at this pace, I'll have no alternative but to stop sharing my work so freely. How sad for you... you seem to enjoy it...
April 27, 2009
Anya Garrett
