This will primarily focus on image theft, but can just as
easily be applied to any content – digital or physical. Artist is proven to
enhance society and culture, yet the theft of artistic content – writing,
video, photographic, drawn, digitally created – whatever the medium, is
reducing the number of artists, and therefore works, available to our culture.
Once over the theft of images was pretty rare and was
usually carried out by people wanting a nice screensaver, but I have noticed in
recent years that the theft has become more blasé.
A photographer friend of mine, rather gifted in Equestrian
photography, was the first victim I can recall knowing personally. His images
were not only stolen by another photographer, but the thief would also remove
my friend’s copyright and watermark, replacing them with his own. Even the thief’s
logo mimicked my friend’s. Just when my friend felt he had that under control a
well-known magazine published an image belonging to him without consent or
payment.
A few years ago digital content was lifted directly from a
sports website that I know. This time it was video – an exclusive interview,
and rather distinctive. I then spotted the still of the video on another sports
site, there was no crediting given, no link back to the source, and I knew that
the second sports site had not sought permission from the first to use a still.
Last week a large TV company had one of their exclusive video
interviews not only lifted from their website, but the logo on the top of the
screen was covered over and a transcript of the interview published. Despite
the well-known interviewer the thief-site still did not credit the TV Company
until they were challenged.
Finally this week I discovered via Pixsy.com that I was a victim
of this same fraud, not once, not twice but 11 times! Given that I have over
3000 images on my websites this is a remarkably low number, however spread over
more than 5 years it has cost me more than £30,000 in lost revenue. While I have
been struggling to make ends meet others have been earning more than £87,739.67
per week using just one of my images on their website.
The challenge now remains to get payment for past use of
these images and to either licence them going forward or have the images taken
down with immediate effect should those using the images illegally not wish to
pay any further.
My first port of call will always be to contact the offender
and invoice them for the usage so far. I will also always offer an option of
licence for future time or take the content down voluntarily. If they do not
want to licence going forward, and do not take the content down I issue a DMCA takedown
notice to the web host, forcing the content removal.
If the offender ignores the invoice, or acknowledges the
theft but still refuses to pay I am not afraid to use all legal avenues to pursue
thieves and recover monies. I have an excellent team of IP solicitors who
recover their fees from the individuals concerned regardless of the country they
are in.
So will these thefts stop me putting my images onto my
websites?
Well, no. I am a very good photographer. I have a natural eye – I have never been trained. I need to live, I need to pay my bills, I need to support my family. I have professional equipment and legal insurance to pay for. To live I need to sell my work and my service. To make sales I need to advertise.
Well, no. I am a very good photographer. I have a natural eye – I have never been trained. I need to live, I need to pay my bills, I need to support my family. I have professional equipment and legal insurance to pay for. To live I need to sell my work and my service. To make sales I need to advertise.
It is worth noting that I take every precaution to prevent
theft of my work. All images contain a watermark, all images contain the
copyright status ALL RIGHTS RESERVED, all images have EXIF data with my contact
details, location the image was loaded to, ownership, creation date, copyright
information, etc.
Usage and Licencing
The use of photographic images is a complex one. Most
photographers I know are extremely reasonable and negotiate usage rights and
charges when they are contacted before the image is used. For example; I was
approached by a sub section of a large charity and asked if they could have an
image I took at one of their events. There were a number of factors I took in
to the decision I made to allow them one of my images in exchange for credit
and copyright notification without charge (with other limitations).
Another exception is my significant other, a sports
journalist. He has access to my sports images for his website without charge as
it is in the family interest to ensure that we both make a good living to
support us all, but even he still has to credit and copyright me.
On one of my sites, and on my Getty page, those looking to
use an image can use an online calculator to get an idea of the cost of
licencing the image. I believe in fair and clear licencing.
Photographers face enough drain on their income with hobbyists
taking images for free and giving them away, without having their own images
stolen.
If you still don’t believe it is fair to pay someone to use content
they have created I have a few suggestions;
- See if the photographer has loaded the image to a stock photography site (these can be cheaper than buying direct)
- Ask a hobbyist to recreate the image for you (assuming that the image creation isn’t IP protected)
- Recreate the photo yourself (see above codicil)
- Find another image that you like which someone is willing to give away
However if the image is so good you have to have it and
nothing else will do, even if it means stealing it, then it is more than good
enough to pay for. Contact the artist and talk to them.
Until content and digital theft becomes as unpalatable as
drink driving, or smoking in a confined public space this battle will continue
to rage, with those found to be stealing content facing heavy bills. Companies
such as Pixsy.com and Intellectual Property law firms will become content
creators first port of call rather than last.
