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Don’t Let Schmap Flatter You

August 5th, 2007

I was recently contacted by travel e-guide publisher Schmap because they wanted to use one of my photos on my flickr stream for their guide to the city of Calgary. I quickly declined their offer of no pay whatsoever, especially after reading that they were asking for a world-wide, royalty-free perpetual license. That’s mighty generous of you, but no.

It’s always flattering to have someone appreciate my work enough to use it for a publication, but it’s hardly fair for this commercial publication to be making money from my photos.

A quick google search of Schmap later and result number six lead me to this piece from EPUK that nicely sums up my feelings on the issue.

If the first Dotcom bubble was all about selling imaginary businesses to stupid venture capitalists, Dotcom 2.0 seems mostly to comprise ingenious new methods of grabbing free photos from gullible amateurs on the wide-eyed web and re-purposing them to make a corporate mint.

The comments of the article are also worth reading as they contain a rebuttal from the editor of Shmap. In a series of points, he argues that the inclusion of a given photographer’s photo in a Shmap guide is a marketing opportunity. I’m not sure how telling people that I give away my work is a means of monetizing my images, but there you go…

And by the way, I have not linked to the Shmap web site not only because I disagree with their practices, but also because, when I visited their page to see if any of their guides might be useful, Shmap crashed my browser!

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Flickr Photos Used by Virgin Mobile

July 1st, 2007

Virgin Mobile seems to have just made a potentially big ‘oopsie.’

In a current outdoor advertising campaign, the giant media corporation grabbed a photo off flickr (from user chewywong) and slapped it onto a billboard. That’s not where the issue lies. The photo was licensed under the creative commons and all that was required for use of the photo was the printing of a link back to the source material and Virgin complied with this license.

The problem lies in that the image featured an unreleased minor. Using this photo without a model release opens up Virgin to a potential claim by the model. Currently, the model and her family are investigating their legal options in a claim against Virgin. They’re not pleased about the use and probably won’t have a big problem finding a lawyer to pick up the case for them.

The usage was originally discovered by a flickr user (sesh00) who hoped to inform a fellow user about the use of the photo. He saw the billboard in Australia and took a photo which he posted here (see that link for much of the commentary from the model and her family). He has also posted this thread that discusses the situation.

Instead of paying a photographer and model to produce a shoot, Virgin looks like it may be paying even more both in terms of cash and in public opinion.

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EPUK on Flickr, Censorship and Stolen Photos

May 22nd, 2007

Editorial Photographers UK have written their take on the flickr fiasco that I have covered here, here and here. Their story not only talks about Rebekka Guðleifsdóttira’s stolen photos and flickr’s initial mistaken censorship of her problem, but also details the situation of the catalysts of this incident, the Only Dreemin poster company:

Essentially their defence is: ‘We’re not crooks, just really, really dumb.’ Briefly, their story is that a company called Wild Aspects and Panoramas Ltd offered them the images; they made some basic research on the deal, signed, and went ahead with their business. When contacted by Rebekka’s lawyers they immediately destroyed the images, and on legal advice avoided any further contact with Rebekka.

But, as EPUK points out, a good portion of their collection of posters are made up of Lichtenstein works and film stills for which they likely did not have permission to reprint. Perhaps the lawyers of the holders of those copyrights are a little bit more high-powered than the one Rebekka was able to hire and Only Dreemin may soon be quickly cooking in the hot water they boiled for themselves.

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Flickr Apologizes for Censorship

May 17th, 2007

One of the co-founders of flickr has apologized for the censorship situation that occurred yesterday.

Admitting that it was a mistake to delete the photo posted by Rebekka Guðleifsdóttira, co-founder Stewart Butterfield said that he and his staff were sorry for the error. Rebekka originally posted a photo detailing which of her works she claims had been illegally used by a London-based poster company.

Butterfield explained the rationale behind the deletion:

It’s important to be clear why the photo was deleted: it had nothing to do with a desire to silence Rebekka from calling attention to the outfit which had reportedly sold copies of her photos without knowledge or permission and without compensating her (in fact, even before her photo was deleted, we were investigating ways in which we could help Rebekka in this situation and prevent it from happening to others).

[…]

The photo was deleted — again, mistakenly — because of the direction the comments had gone, which included posting the personal information of the infringing company’s owner and suggestions for how best to exact revenge. It is an emotional issue and most people were there to support Rebekka in a positive way, but some of the angry mob behavior crossed the line.

Butterfield also mentioned that “several policies which will be changing as a direct result of this incident and the goal is that nothing like this ever happens again.”

The backlash against flickr has been substantial - Butterfield’s apology should go a good way towards smoothing over relations with an angry community. Now I just hope that the original problem that lead to this issue can be resolved. The copyright infringement of Rebekka’s work is still up in the air. Hopefully the support that has been given to her already will now be bolstered by flickr and a resolution can be worked out sooner than later.

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Flickr Censorship? Stolen Photos Followup

May 16th, 2007

Yesterday, I wrote about Rebekka Guðleifsdóttira and her claim that a poster company had stolen her photos. The case has taken an interesting and, in my view, unfortunate turn.

The flickr post where Rebekka had originally made her case and posted images of the stolen photos has been removed by flickr (owned by Yahoo) for the following reason:

Flickr is not a venue for to you harass, abuse, impersonate, or intimidate others. If we receive a valid complaint about your conduct, we will send you a warning or terminate your account.

Rebekka, on her blog, tells her side of the censorship story:

i don’t believe i was harrassing anyone. I was doing the only thing left for me to do when i had tried to seek legal assistance, after being victim to having my copyrighted work stolen and resold for profit by a dishonest company. I was told by my lawyer that i should just accept the fact and move on. Im not a big fan of giving up. I simply told the truth.

the fact that people sent harrassing letters to only-dreemin was a direct result of my post, but I myself wasnt harassing anyone. I was simply making it public that someone did wrong by me, and i think that’s a pretty far cry from harrassing some innocent party directly.

Seems unfair that flickr has decided on this course of action. That poster company must have a good lawyer on its side…

Thomas Hawk has lengthy editorial post about this subject for those irritated with flickr/yahoo’s decision.

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The Demise of Professional Photographers

May 9th, 2007

Sigh. Another doom and gloom article about how amateurs and hobbyists are making life difficult for professional photographers.

The Demise of Professional Photographers from Mail and Guardian online takes a quick look at how photojournalists and stock photographers are seeing declining business due to the rise of the amateur (but somehow manages to do it without mentioning the penny stock agencies and only focusing on flickr).

While it is true that things are a bit more difficult now, the article also points out the following:

These developments may have diminished the value of a professional photographer’s skills. But they couldn’t eliminate the need for professionalism: the difference between a professional and an amateur is not that the amateur never takes really good pictures. It is that the professional will always come up with usable ones.

A talented, hardworking and lucky amateur can produce wonderful pictures on the best days. But that will be one picture in a hundred. A professional can produce something that is nearly as good as their best 50 times in a hundred. That’s why they are worth employing.

Some skills are difficult for the amateur to and it’s there that the pros can excel. Whether it’s through technical accomplishment through lighting, logistical savvy, or just general dependability, pro photographers should remain the choice for those customers who want to be sure they get the job done and done well.

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PDN on Flickr

May 3rd, 2007

The Photo District News site has a feature discussing users of Flickr who have had their work discovered leading to assignments and sales of images. It details yet more examples of the giant photo-sharing site proving to be a boon to emerging photographers and their work.

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Strobist Discusses Flickr

April 21st, 2007

The ever-informative Strobist has begun a series of articles on the future of flickr as a business platform for photographers that should prove interesting.

Every week, there seems to be more and more buzz about flickr’s role in giving someone their big break and how image buyers are finding new material there. Add to that the speculation of flickr developing a licensing model for its users’ images and it becomes hard to keep up with the site’s developing importance. All this makes me think I should start putting a bit of effort into my tiny photostream - who knows who might be lurking there.

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Flickr User Becomes Pro for Microsoft

February 4th, 2007

Flickr user Hamad Darwish is one of a small group of flickr users who were approached by Microsoft for either use of their photos or commissioned to to create new images for the desktop backgrounds that are included in the new Windows Vista operating system. Read an interview with him here.

This is an interesting example of the line blurring between professional photographers and amateurs/enthusiasts. Hamad, whose photos are indeed lovely, is not a pro nor does he intend to become one. Photo sharing sites like flickr make visible the photographs of amateurs in an unprecedented way. It is no longer only professionals whose work is exposed to photo buyers.

I count myself among flickr’s users, (but my modest photostream cries out that I neglect it), and I too have been approached through flickr for the use of one of my photos. This client didn’t have a photo budget for this project and was hoping to get the image for free, so I had to decline this time, but there may be a point in the future (when they actually have a proper photo budget) where we work together.

Too bad it wasn’t Microsoft that came knocking! While I don’t know what Microsoft paid the amateurs that they commissioned, I gather from Hamad’s interview that it was a fair fee. It’s good to know that they didn’t take advantage of enthusiast’s zeal to merely be published with low or no pay.

EDIT: It has come to my attention (see the comments) that the photographer may have shot the images on a work-for-hire basis and surrendered all the rights to Microsoft. In no way do I support this practice and if that’s true, then it’s a shame that Microsoft has taken advantage of an eager amateur while also devaluing the work of professionals in general.

Sorry if I mislead anyone into believing that I support that kind of practice.

EDIT #2: It’s looking less likely that the images were bought on a work-for-hire basis. Long Zheng, the author of the interview has been kind enough to post and it seems that Hamad got a fair deal.

Hopefully I don’t need to edit again!

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Picasa Web Albums Launched

June 14th, 2006

Google has announced the launch of their Picasa Web Albums service. Google’s photo sharing site is currently only available by invite. The launch of this test version of the site coincides with the new version of the Picasa photo software.

Another front on which the search engine wars are being waged, the Picasa service will serve as Google’s weapon in the battle against Yahoo’s popular Flickr photo sharing site. With a firmly-established community of Flickr users, Picasa has an uphill battle. If nothing else, a little competition will serve the users of both sites well.

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