Photograph Copyright … IF YOU DON’T KNOW – ASK.
This is an informational series with regards to copyright and how it pertains to my photographs when taken in a non-commissioned atmosphere (i.e. when the Newspaper calls me and wants me to shoot an editorial piece, they get my images, plus my copyright to them — unless we contractually agree otherwise). When I take photographs at a horse show, I am not being commissioned by the show, but merely requested to be there. To be commissioned means they are hiring me as the photographer and obtaining all photographs — i.e. I am not permitted to sell those images after the fact. Whenever I am hired to do a shoot, the specifics of a commission or non-commissioned shoot is predetermined – a horse show is non-commissioned. If you see photographs on my site for sale — I was not commissioned to take those photographs and therefore have retained full copyright to my images without question and am permitted to sell them to whomever I choose or whomever chooses to buy them, terms of sale based on my specifications. To be commissioned means I am paid for my images prior to shooting them and I sign a contract that binds me to that obligation, which is what happens in 95% of the weddings I shoot. Sometimes people want to save money on their wedding so I can give them a deal in pricing if I retain the copyright and they agree to a model release so I can use their photos in my portfolio and/or promotional work, including stock photography.
I have to admit that I am being more than a little blunt here, but it’s meant to be that way and informative and make an impression.
This is #1 in the series.
IF YOU DON’T KNOW – ASK.
As many of you have noticed and equally, many who have not noticed I do not give up my copyright when you purchase a photo(s) from me, unless we have an agreement and you have paid for that image to be free of my copyright. As a professional photographer and the creator of those images I take, I automatically own the copyright to each image I create whether it be through the camera or via manipulations using a program like Lightroom or Photoshop. The right to reproduce those images is mine and mine alone, unless specified otherwise.
IF YOU DON’T KNOW – ASK.
What this means is that when you buy a photo from me whether it be a physical print or digital, unless you have a permission to copy letter from me you are not permitted to reproduce it. To do so is illegal and fines and lawsuits for copyright infringement awards start around $60,000.00 and up and many times way up. Just as you deserve to earn a living, so do I and to infringe upon my legal copyright is nothing short of demeaning what I do.
IF YOU DON’T KNOW – ASK.
What you buy is an image – a single printed image with my copyright mark on it and most of the time a copyright label on the back. All of my photographs are registered as well. That photo is for personal use only – frame it, look at it, put it in an album, but unless you have permission, you are not permitted to copy it – not even as wallpaper on your computer (legally). Without that agreement, you are nothing short of a copyright thief and I’m being nice. The law is the law and to contravene that, means you are infringing on my copyright.
IF YOU DON’T KNOW – ASK.
In my case I choose to give a web/email sized version of images purchased at sizes of 8×10 and larger for that person’s personal use only. Personal use in this case means the low resolution emailed image may be used on that person’s personal website, facebook, to send to friends for viewing, posting to classifieds for sale, etc. This does not mean you can send that image to someone else to post on another website, use in their facebook area, make a collage out of, use in a website design, etc. If you are not sure how you can use the email image … ask. Always ask. My photos come with copyright statements labeled on the back as well as stamped on the photo itself and these are there for a reason.
Did you know that labs like London Drugs, Walmart, etc. have been sued successfully for many hundreds of thousands of dollars by photographers because they USED (in the past) to copy and reprint copyrighted images without permission and they were sued along with the person who brought the photo in to have the illegal work done. Just because someone says you can do it without permission and some employee somewhere doesn’t know about copyright laws doesn’t mean the courts will be nice to you. It’s your responsibility to know the law and if you don’t, the onus is upon you to prove that I gave you my copyright.
IF YOU DON’T KNOW – ASK.
Because you know someone else or even yourself who gives away images and you could care less what happens to them – does that mean I should? What you do and what I do are two entirely different entities. For one, you aren’t making a living as a photographer, unless you’re independently wealthy which affords you the luxury of just giving away your photos. I’m not independently wealthy, plus I think my work is valuable enough to sell on a professional level. Because you don’t or know someone who doesn’t, doesn’t mean that I have to be their clone, does it?
IF YOU DON’T KNOW – ASK.
It amazes me how many people feign ignorance of copyright laws or pretend they don’t exist when it comes to them and when confronted with the fact that they’ve infringed on a copyright, how they try to turn the tables on the copyright owner. This even happens when a person is truly ignorant of the law and when it’s pointed out that what they’ve done is wrong, they try to turn the tide and make the professional look like the person who’s wrong. Absolutely amazing.
IF YOU DON’T KNOW – ASK.
How many of you really know about copyright and how many of you could care less that I and others like me deserve to earn a living too?
IF YOU DON’T KNOW – ASK.
So, what’s up with this repetitive statement? Need I explain? After reading this, should I have to?
Note, this is just the beginning in a series, not finished yet, so will be adding more, reducing, etc.
Horse Show Poachers a.k.a. The Unethical Amateur or Pro
The perks of being a horse show photographer are many – if you don’t enjoy horses, good people, fried food, dust and bad lighting … then there are none. I have owned horses and shown them too, but no longer. My last horse is retired to a great home now and getting back into photography a number of years ago when SLR’s became digital was a natural for me, plus it keeps me around horses. I figured I’d see how it went and if I still had the knack of being able to create a good photograph, I would try my hand at horse show photography again. Which I did and do.
Digital SLR’s have made my job so much easier. No more waiting for film to be processed and printed, no more having to mail out proofs. The instant gratification of a good photograph was and is simply awesome. Luckily for me, I have an affinity for and have been involved with using computers for a number of years before cameras started on the digital path, plus I was more than familiar with Photoshop as I had been using it for several years to design websites with. Many photographers do not have the same advantages, so digital for some can be a tough go. Unfortunately, along with the good, came a lot of annoyances and some really unpleasant stuff.
The unpleasant stuff comes in the form of what I and other pros in the business like to call “poachers”. They bought their digital gear and now they’re setting out to go to the horse shows and take photos of people/horses they don’t know or people they do know and either give away their photos “just because” or sell them for peanuts. I’ve even seen (so-called) pro’s do this and they do it without any consideration to the official photographer. There appears to be no consideration of the fact that I am the official photographer, who’s spent the time/money, etc. not only going to and from the show, but sitting out there from before the show starts until after it ends and all they do is wander in for awhile, shoot for a bit and leave to show off and either give away or sell their photos. Some even go so far as to fabricate a story telling me they’re with a newspaper (without credentials — yeah right) or that they’re just there to practice. When I see them writing down back numbers after the camera’s digital numbers, they’re not just there for fun. I can say this, I’m 100% positive that if I did the same thing to them, they’d be more than upset. I’m not sure why those (so-called) pro’s think it’s okay to do it to others, but not have it done to them. Isn’t that called a double standard? Maybe they’re really not pro’s after all or rather, unethical pros. Nothing worse than an unethical pro. They take the fun out of photography
Whenever you go to a horse show ALWAYS (meant the CAPS too) ALWAYS ALWAYS see if they have an Official Photographer and before you take a single photograph, check in with them to see if they mind. Most don’t, but many do — unfortunately many of us have been lied to about the “wanting to practice only” story.
If you want to be a horse show photographer, do what we ethical people do and that is go to playdays, schooling shows, training barns, etc., and ask if you can shoot for free (unless they have someone doing that already) and practice practice practice.
Gossip will get you nowhere
I thought I’d take this opportunity to let people know that:
- I am not dying of some dreaded disease.
- I have not quit being a horse show photographer.
- I am not on crutches because I lost a leg in an accident.
- I am not in a wheelchair because a horse fell on me.
- I did not lose my sight.
- I did not sell my business.
- I did not quit any horse shows “just because I felt like being mean”.
- I do not have associate photographers working for me at horse shows.
- She can’t hold a camera anymore, her fingers were bitten off by a horse.
- I am not dead.
I have to laugh at the ridiculous statements that I have been hearing over the past year and these are just a few. Some are from what I call the “wannabe” photographers and this is their way of getting a gig I shot. I figure if the horse show personnel want to believe that kind of stuff without checking to see if it’s true first, so be it. They deserve what they get.
I have cut back showing for a few reasons, the most important one is my family. I, together with my husband, am raising my granddaughter and I felt that being away 3 out of every 4 weeks to shoot shows across Canada and into the US (which I had booked for 2008 -30 shows in total) was not the stability she needed, so I cut back to only a few shows and due to these tough financial times I decided to take on a second job. Fortunately for me, it’s one I love because it’s what I already do. I work at a custom colour lab where we do photography, custom graphic design, sell cameras, lighting, etc., with an awesome bunch of professionals. I figure when she’s older, I’ll be able to bring her with me – she’ll be a great assistant, but for now, just a few shows a year.
This time has also been good for me to reflect on certain aspects of the industry as well. Horse shows/clubs either appreciate you or they don’t, so I kept the ones that were close that appreciate me and what it takes to do what I do. I’ll even take on others, but that’s my stipulation – if they’re going to let others shoot over the rail, let poachers shoot (see previous articles), without any consideration to my right to earn a living, then I’ll be charging a day fee, then I won’t care if the poachers show up.
I don’t miss the shows who don’t care about quality photos or about what it takes to do what I do.
So, folks, take it from me — I am not dead, far from it.
Tracey