by Tim Gander

Is your photographer GDPReady?

With the Facebook data scandal still simmering in the headlines, most people will assume that the General Data Protection Regulation (GDPR) which comes into effect on May 25th only applies to large organisations, but it also affects a great many photographers. In particular it impacts on those, like me, who regularly photograph people for business websites, press releases, social media and so on.

In a rather large nutshell, anyone who handles data has to get their house in order and register with the Information Commissioner’s Office (ICO) before the deadline or face sanctions. I’ve registered, paid the annual fee, and I’m going through the data I have to ensure it’s secure and compliant.

What this largely means for me is that I need to work through my client galleries removing old ones or ensuring they’re not accessible to anyone except the client. I also need to make updates to my website to ensure people have an understanding of what GDPR means in relation to my work and how I handle their data.

Some galleries are publicly shared because I’ve been asked to make them so, but even then I’ll be looking at closing access to the oldest ones. All this is going to take some time as I’ve been running the system for many years now, but as I add more client work to the delivery system I’ll be making sure it’s only visible to those who need to see it. The only exception to this will be where the person I’ve photographed has given permission for me to allow their images to be searchable.

There is a slight conflict around all this in that as a photographer I should have the right to use my work to promote myself, otherwise clients needing my services won’t be able to find me, but I have to balance this with keeping and handling personal data (a face coupled with a name and place of work for example) in a responsible manner.

There are ways of making all this work, but it’s going to take more than a few weeks to really hone it. Thankfully, for the most part, my entire back catalogue of digital work dating back 18 years isn’t stored online or I think I’d have a mental breakdown at the enormity of the task. While I use cloud storage to deliver images to clients and to allow them to have an online database of the images I’ve shot for them, all my original work is backed up to off-line hard drives which keeps them secure from a data breach point of view.

The other good news is that the personal work I undertake, such as the current Saxonvale project, falls under the artistic exemption of GDPR. Of course this doesn’t mean I can be slap-dash with peoples’ personal data, but because of its nature it’s less prone to result in either a complaint or an investigation by the ICO.

Even so, I have taken images for that project which will only ever see light of day in print form because they’re too sensitive to be shared online, and that raises an interesting question about the future of photography; will we find the internet a less useful space for getting important stories out if there’s a risk of a data breach in publishing online?

Only with a few judgements behind us on data breach cases will we build a true picture of what is or is not a breach of GDPR because it’s not entirely clear from the regulation text itself given the multitude of potential scenarios. In the meantime, I’ll do all I can to keep within the rules.

To be honest, it’s mostly just common sense and courtesy and of course you’ll want to make sure any photographer you work with is compliant. Well now you know of at least one photographer who is working towards that goal.

Certificate of Tim Gander's ICO registration.
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 by Tim Gander

Cameron reveals “I am the walrus goo goo goo Google.”

This article had been destined to talk about the appointment of Andrew Parsons as official Downing Street Photographer. A subject upon which indignant middle-Englanders could really grind their teeth, a favourite past-time for Daily Mail readers.

However, my plans changed when I read the BBC article about David Cameron’s intended review of UK copyright laws. Might this be my chance to grind my own teeth about something? Again?

stop 43 campaign logo modified

ALL photographers need to work together for fairer copyright laws.

It’s taken a while for the review to be announced because, to put it mildly, the government has been rather busy with other things. However, it was a pledge of the Tories in the wake of the passing of the Digital Economy Bill (passed in the fag end of the Labour government) to re-visit the issue of copyright because part of that bill, the Orphan Works clause, got ditched as a result of coordinated, intelligent campaigning by photographers and specifically the Stop43 group. This time, the remit for unauthorised use might not even be limited to orphan works.

So here we jolly well are then, another six-month review of copyright (there have been one or two previous reviews, largely ignored) and this time David’s stated aim is to make UK copyright law “fit for the internet age.” A slightly worrying statement given that in his announcement he refers to a claim by the founders of Google that businesses such as theirs would never have launched in the UK because apparently our copyright laws are tighter than those in the US.

In the main, our copyright laws aren’t much tighter than those of the US, not that Google ever took much notice of the boundaries of US copyright law either . It’s fair to say that Google would love to be able to move through the internet like some content-consuming blue whale, monstrous mouth agape and everything in its path swallowed up whole and ready for commercial exploitation. Whale poo for sale, made from other people’s creative works.

The statement mentions the rights of creators, but we need to be sure this is more than just lip-service, especially as the BBC article states: “The six month review will look at what the UK can learn from US rules on the use of copyright material without the rights holder’s permission.”

That phrase “without the rights holder’s permission” is problematic because the boundaries of what is and isn’t acceptable will need to be set, and you can bet the likes of Google will lobby hard to have it set in their favour. They’ll assume that whatever they do, creators will continue to create. Not if their work is constantly stolen and devalued, they won’t. And as usual, the rights of consumers who have paid for that content won’t be taken into account.

My clients won’t take kindly to finding work I’ve shot for them turning up elsewhere, outside of their control and possibly misrepresenting them. And with my right to control use diminished, I will no longer be able to defend my clients’ rights over the pictures they’ve paid for.

That the review will happen is a good thing, but the starting position needs to be more positively in favour of creators and holders of intellectual property, for whom the internet has been a great way to get their work “out there” and get seen, but which mechanism has often led to mass theft rather than mass commissioning of fresh, or licensing of existing, work.

Another big risk is that as with previous reviews the government will turn to the wrong people when seeking advice from the side of the creators, just as it did in the early days of the DEB debate. It’s all very well talking to the National Union of Journalists, who have failed in the past to stand and fight the photographer’s corner, and whose only concern (naturally and understandably) is news photographers. Or the Royal Photographic Society, whose membership consists largely of people with little or no reliance on photography for an income. There are numerous groups whose focus is either too narrow, or membership not representative of the professional photographer.

This time, the government must listen to a much broader range of photographic groups and individuals than the Labour government did during their reviews. They must also dismiss the selfish wishes of those who simply find copyright inconvenient to their wants. This review could influence a law which might not change again for 30 years or more, so if the government wants to get it right, they’ll need to listen to the right people, not just the likes of Google, Facebook and whoever the “next big thing” happens to be. Mr Cameron will need to slip off the Google goggles, and see the reality that faces the UK’s creative individuals.

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 by Tim Gander

Orphans ‘R’ Us

viral photo condemning digital economy bill

Stop 43 has made virals with which to lobby your MP.

I just wanted to start this article by thanking everyone who read my last article, “Orphan Works. No It Doesn’t“. Each and every one of the 3,724 of you and counting, which is a personal record by a distance of about 3,600 (give or take). What the article proved to me is that A LOT of people are seriously concerned about the Digital Economy Bill.

So where are we now with the DEB? Well, we’re 5 days from triumph or disaster. Less than a week until the Government either rushes through this dog doo of a bill, or sees sense (HAHAHAHAHA!…) and decides that democracy is too important to usher in such a contentious and complicated bill without proper scrutiny(…HAHAHAHAHAHA!….)

We now know who’s lined up to be the culture vultures (pejoratively speaking), who will pick the commercial flesh from the bones of the orphaned works they’d like to sell.

The BBC, Publishers Association and others have signed a letter to Lord Mandelson and others within government exclaiming that without the ability to exploit creators’ works unhindered, their sectors will be damaged. I quote from the letter, which can be seen in full at Stop 43.org:

“We believe this outcome would be catastrophic for the creative industries. The strategic importance of making orphan works available and, for some industries, enabling extended collective licensing schemes, cannot be overstated. Failure to make orphan works available  is likely to result in  far cruder alternative solutions, which would run the risk of contravening the Berne 3 step test, and which would have far-reaching and damaging consequences for our sectors.”

Aw, poor loves. My heart bleeds, it really does.

What they fail to mention (strangely enough) is the converse, massive damage which clause 43 will inflict upon the creators of those original works which the BBC and others would like to exploit.

What we can be less sure of is the position to the DEB of other players. I know there is much disquiet amongst back-bench Labour MPs at the threat to copyright, and the Lib Dems are generally against the DEB being rushed through without scrutiny. Meanwhile, there has been no detectable or recent view from the Conservatives that I can see, and I have neither a Tory MP (mine is Lib Dem) or the right connections to get any kind of response from the Parliamentary Conservative Party.

What I do know is that Leader of the House of Commons, Harriet Harman, has been persuaded to give the bill a full day’s second reading debate on April 6th, which will still only be the Bill’s second reading. We can hope that enough opposition from all sides builds in these last few days, and that some brave Labour MPs go against the party whip to defy the bill once it’s been through the wash-up, assuming it gets that far. It’s still probable though that Labour will have a majority vote on the Bill. Let’s be honest, most Labour MPs don’t give a monkey’s cuss as they fully expect to be bounced out of Parliament pretty soon anyway. That’s if they’re not stepping down for fiddling expenses.

From all this, it’s still hard to say for sure which way things will go. Close to the wire doesn’t describe it, so continue to write, get onto your MPs’ Facebook pages and lobby them there. If this Bill becomes law with Clause 43 included, the consequences will be dire for both professional and amateur photographers. Prepare to lose control over your own photos, regardless of who uses them, how they are used and with no recourse to punish those who exploit them.

Update: Professional photographer Eileen Langsley blogs about the DEB.

Excellent illustration of when copyright abuse backfires monumentally in this article by professional photographer Jeremy Nichol.

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 by Tim Gander

No really, you’re beautiful…

Hooray! You’ve decided to blow the dust off your aged and failing website, spruce it up with a refresh or redesign, and you’re planning on getting some genuine, original photography shot just for your business. What should you look out for?

Perhaps the first and most obvious thing to think about is the style of photography and photographer you’re after. If you’re promoting your business, you’ll need a specialist commercial photographer. Look at the portfolios of different photographers, and think about whether any given photographer can deliver the quality and style you need. Don’t just pick at random or use the friend of a friend who happens to have a nice camera. Remember, this is your business you’re promoting. How you present it will influence what people think of it.

Budget sensibly. Again, this is your business you’re trying to promote. If your website is your shopfront, it needs to reflect the quality of your business. That needn’t cost a fortune, and making enquiries about likely costs is free.

In my last posting I dwelled on some of the pitfalls and legalities of using stock agency photos (often referred to as microstock because the payments are very small). It’s only right then that I highlight the same for commissioned photography.

  • Don’t assume you, your staff or your business aren’t photogenic enough:

A good photographer will do everything to ensure you and your staff look good, and probably better than you thought possible! Also remember, business isn’t a beauty pageant and people don’t see you the way you see yourself. The same goes for your premises and processes. There may be details and angles you’ve seen a million times and never had a second thought about, but a decent photographer will make them look interesting, and use them to help tell your story.

business man in front of world map

It's your business, show you're proud of it.

  • Watch the price:

As with stock imagery, you need to know what the cost will be. It’s tricky to estimate this without some idea of what will be involved in shooting pictures for you, but draw up a rough brief of what you’d like photographed, how many images you hope to achieve and what the pictures are to be used for (internal comms, external PR, corporate publications and web, advertising etc) so the photographer can give some idea of likely fees. Make sure the time required to shoot the images is sufficient, and make sure the photographer’s estimate includes permission to use the images. I work out my fees based on a combination of the likely time and resources needed for the shoot, the likely number of pictures required, plus the uses the client will require of the images. I combine these elements to give an over-all figure.

  • Check the T&Cs:

Again, as with stock, check the photographer’s T&Cs and that the agreed uses match your requirements. My T&Cs are based on standard UK ones, but the uses agreed vary according to the client’s requirements.

  • Get references:

Ask for references from other clients. I’m certainly happy to offer references if asked (and no, it isn’t my Mum that I’ll put you in touch with!)

  • If things go wrong:

The great thing about working with a specific photographer is that should anything go wrong, you have a human being you can take up the problem with, not a faceless agency. The advantage of a professional is that they will do their best to foresee likely problems and tackle them in advance, and will do their best to keep you happy if there are any issues after the shoot.

The next article in this series will look at the issues involved in taking your own business photos, or getting a friend or relative to do them for you. You can hazard a guess at what I’ll be saying about that…

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