Quote:
Originally Posted by Steve Buchanan
David,
To certain extent your right. If part of your business is selling rights for people to use in a personal manner like I was describing, then it is a big deal. I come from the commercial side of things where personal use is not usually a factor.
I understand your analogy with the stolen car but remember we're dealing with intellectual property here, not physical commodities. If someone steals my car, I'm prevented from profiting from it's sale, however, if someone uses a photo of mine, I'm not prevented from re-licensing it down the road. But again, that's the nature of my work, perhaps not everyone's.
The over arching point was this, if someone likes your work well enough to use it, it's not costing you a sale, and it's not a gross violation (IE, virgin mobile using a photo off of flickr without paying for it, or even getting a model release) of copyright and privacy laws, then hey, people like me. I got into this because I like making art that people enjoy. The whole point behind art is communication.
Further, I agree that this model sucks and I would like to be paid that $5 usage fee every time someone uses one of my photos on their myspace page but that ain't going to happen. There are lot's of things in this world that suck but still happen. This is one of them. Bill W had it right (Google serenity prayer.) My time is spent better making portfolio images then chasing down minor copyright violations.
SB
PS, if you're in this business solely for the money, get out. It will drive you mad and there are far easier ways to make your money (Plastics)
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I agree that the car (or any personal property) analogy doesn't work with image rights. The image is still in your possession and still available for you to do with as you please.
Your idea that you can still use the image to sell later doesn't work well, though. By allowing it to be used elsewhere, with knowledge or implicit approval (like your words here, for all to see), you've essentially done a few things:
1. Limited editions aren't possible if anyone can copy it to anywhere.
2. You've set a precedent that it's okay to use your images with no permission and at no cost. Why would I ask you for rights of any sort?
3. Your ownership of the image becomes questionable as its control moves further and further away from you.
Most of my work (especially my recent stuff) doesn't see the Internet. Why? I'm selling it. I show prints and a book to local galleries. One of the selling points is that limited editions are TRULY limited editions. There are NO copies on the Internet. Ever. I don't give the digital image away and it's printing is controlled by me through a local reputable lab. I don't even e-mail it to them. I take it down on CD and get it back when it's done!