Copyright; content creation and theft.

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.

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.

"Can't You Do My Photos For Free? I'm A Struggling ...."

So back to the other question."Can't you do my photos for free? I am an upcoming model/singer/performer/actor, so you'll get loads of coverage".

In the last 72 hours I have honestly had 6 requests like this. Each one was met with a firm no, and an explanation of why. Of those six people two have bookings for a shoot with me.

Here is why I say no;

All over the internet you will see images which - on the whole read

"I am an artist. This does not mean I will work for free, I have bills to pay. Thank you for understanding"

Or pages giving a blow by blow account of why photographers charge.

Citation example 

While very true and extremely accurate these often fall on deaf ears, so I tend to get the individual to think about what they are asking me.

Career Investment

To do my job I invested heavily in camera bodies, lenses, insurance, software, computers, lighting equipment, storage cards, advertising, web presence, vehicle ... the list goes on. I spent years of my 'spare time' honing my skills, getting out there and talking to people, and working on my portfolio. In one case I even faced a fear and appeared on national TV.

For each and every one of us we must invest something in our own careers if we are to succeed. Be that time, money, effort or, in most cases, all of the above. I then ask what they are willing to invest in their career. Often I am met with;

• 'I have spent x years studying' - me too. 
• 'I have very little money' - me too
• 'All the other photographers I've spoken to will, but I like your work best' - ask yourself why my work is more appealing
• 'But you'll get loads of coverage' - In which magazine/art gallery/etc will that be?

Some times the person making the request calls me back, hours, days or even weeks later, telling me that they have thought about what I have said and am I still available to do the work - paid. 

Reasonable Enough

I consider myself quite reasonably priced. I don't display my prices on my site for one simple reason, I like to try and be as accommodating as possible for every budget. For example I did a very local wedding for £450 - a single photographer, venue in walking distance, and a handful of images on CD. The bride and groom were ecstatic. They had 2 weddings to pay for, one in the UK and one in the bride's home country. The wedding abroad was the 'big' one, so they wanted to keep UK costs to a minimum - no reception, no honeymoon, just simple service followed by the flight abroad. 

So, before you ask a photographer to do something for free for your career ask yourself this - What are you willing to invest in your career? And what returns do you expect to see on your investments?

"My Friend Has A Camera, So Why Should I Pay You?"

A frequently asked question, and ranks alongside "I am a young actor/model/singer/performer and have limited funds. Can't you just do the shots and give them to me? You'll get loads of exposure" (we'll address this question later)

This is a true account of a wedding which recently took place. It was sent to me by another photographer;

“A good friend of mine went to a wedding last Friday. The wedding was for 40 people, cost around £4200 for the venue. The bride spent over £1500 on a Charlotte Balbier wedding gown, she had a Jenny Packham hairpiece and amulet, she wore Jimmy Choo shoes of more than £1000.

The cake was “Amazing” and apparently there were “flowers and huge swags everywhere”. The earrings cost “an arm and a leg”. There was a horse-drawn carriage and fireworks at the end of the day.

However, the couple decided they didn't need a wedding photographer as a 'friend' had a camera and could do the job. First of all the camera battery died during the vows, but it was ok as she had a spare. Unfortunately she was using a 'cheap and cheerful' CF card which became corrupted leaving only 23 images available from the 'thousands' taken. All 23 images are of the flowers.”

This couple are left with no photographs of the people who shared their wedding day, but they do have some lovely photos of some flowers they once bought.

Moral of the tale?

Professional photographers offer a 'professional service', and as with every professional service there are charges. Those charges are there for very good reasons, but ask yourself this - “What price memories?” because in the end photographs are memories made tangible.