by Tim Gander

Don’t be the bird that swallows the plate.

I’m a huge fan of Black Adder, and there are many hilariously memorable scenes, but the one which springs to mind as I write this week’s article is in Black Adder II when Percy enters Black Adder’s chamber wearing an outrageously large neck rough. On seeing it Black Adder remarks that Percy “looks like a bird who’s swallowed a plate!”

Why is this relevant to anything I have to say about photography? Well it’s simple really, dear reader; When a business plans its photography in small, manageable chunks throughout the year it can cope with getting what it needs without too much drama, but leave it for a year, two years, five years, and the project becomes rather like a bird swallowing a plate. Trying to ingest the ingestible, and risking some kind of injury in the process.

I’ve said before that photography should be treated as part of the over-all marketing plan, not as part of the web budget, because photos can be used in print as well as web. Try printing a website as a brochure, and you’ll start to understand what I mean – they’re separate budgets within the over all marketing budget.

By keeping your photography fresh and up-to-date you might very well spend a little more over time, but at least you won’t have a colossal expenditure to make in one go if you’re trying to start from scratch, having neglected the photography for some years. And since business people like to say “cash is king,” doesn’t it make sense to make smaller investments that add up to a solid image library than to trying to buy your entire photo library in one huge gulp?

So keep headshots up to date regularly, don’t wait until there’s a week’s worth to be shot unless you’re prepared for the cost. Keep on top of product, site, process and PR images. Consider planning a shoot every three months (or whatever suits best, so long as it’s regular). Or at the very least, review what you have and what you need on a quarterly basis.

espresso cup and small change

You’re buying the coffee, not the cafe. Buy in stages and don’t insist on all copyright.

To extend the subject a little, think more carefully about the image rights you need. Consider restricting your requirements to (for example) a three-year time limit. Certainly avoid all-rights or full copyright buyouts as it’s extremely rare for a business to actually require these rights, and most sensible photographers will charge more if you demand full copyright because they’ll assume you wish to allow other businesses use of your images, when the photographer might reasonably expect to be able to re-licence the images to those third-parties (with your permission, of course).

Certainly it’s normal for editorial images to be bought on licences that are limited by print run, territory/language and duration of use. Commercial images tend to be sold on wider licences, but limits can help in the negotiation process and you can always top-up the licence later.

If you have any questions about anything I’ve said here, or have a favourite Black Adder scene, feel free to comment below.

in Advice 4 comments
 by Tim Gander

Getty gone Good Cop.

You’re shivering, but your palms sweat. You squirm on the unsympathetic chair, and squint into a spot lamp as a voice barks questions at you from the darkness beyond. That’s right, punk, you stole a photo from iStockphoto, and now they’re gonna make you sing like a canary. It’s a fair cop, and no mistake.

For some years now Getty (owners of iStockphoto) have been setting their attack lawyers on business owners and bloggers who have unwittingly (ok, let’s be honest; knowingly) stolen photos from the web to use in their own websites. Normally, a web designer or amateur site builder will trawl Google images for something appropriate to their requirements, mis-appropriate it and use it thinking “well that was easy, so maybe it’s not illegal.”

This is fine and dandy (barring the ethical question of stealing from photographers), until the perp happens to steal an image which should have been licensed through iStockphoto, because that’s when the klaxon alarm goes off at Getty HQ, and the lawyers start booking another expensive restaurant meal based on future incomes from hapless/clueless/amateur website builders.

laboratory plant cultures in petri dishes

The "culture" of photo theft has to be tackled.

There was the fairly spectacular case of the removals firm which ended up spending £24,000 on a photo that might have cost around £160 had they licensed it legally, and there’s been a long-running and rather overheated discussion on the Federation of Small Businesses forum which has largely concentrated on how unfair it is that anyone should defend copyright so vigorously against people who were, after all, only stealing what they wanted and couldn’t be bothered to pay for (that’s a brutal summary, but not unfair).

Getty Bad Cop has earned something of a reputation for being belligerent and heavy-handed, and even I would disagree with some of their methods, even though I support the aims of protecting copyright property as I support anyone’s right to protect their own property.

However, perhaps sensing that this approach isn’t getting them much good publicity or winning any new friends, Getty have rolled out a new weapon. Stockphotorights is the cuddly face of the mass image aggregator hell-bent on cornering and dominating the stock image industry. It’s Getty Good Cop.

I have to admit, I rather approve of the aim of stockphotorights which is deigned to educate even the most casual user of images about the dos and don’ts of using photos. I’ve been trying to help people understand copyright and licensing for years, but let’s face it, I’m not Getty and don’t have anything like their resources to reach the masses. Plus where some people will just think it’s Tim spouting off about copyright AGAIN, they might take notice of the message from Getty.

Naturally, the site is aimed purely at users of stock images and only really mentions Getty-related agencies, but the same applies to any image found on the internet, so well worth a read.

So let me get you a glass of water, a more comfortable chair; perhaps turn off the interrogation lamp and offer a call to a solicitor. I’ll ask the Guv to calm down, take it easy. Better yet, take a few minutes to read the wealth of info at stockphotorights and we can all go home early.

in Industry Comment 6 comments
 by Tim Gander

Electile Dysfunction Problems – what’s next?

We may have just had the most exciting election since Blair took power from the Tories in 1997, but the result has been somewhat surreal and indecisive. At least now David Dimbleby can finally take a nap and Gordon Brown can finally switch his smile off for good. No more face-strain for Gordon, no more wincing for us.

I suppose we have to accept that the most pressing job of the new government will be to sort out the dog’s breakfast we laughingly call our economy, though to be fair to Gordon and Labour, it really wasn’t their fault. The problem is, as it’s not the Government’s fault, by logical extension there also isn’t a great deal any government can do to correct it apart from push some debt around until it pops up somewhere else, like a fiscal version of whack-a-mole.

I don’t wish to dwell too much on the economy though. I’m happy to leave it to others with far larger brains than mine to make an even bigger mess of it at the expense of those of us least able to cope with the consequences. What I’m really interested in for the purpose of this blog is what a Tory/Lib Dem government will do about copyright, orphan works and extended collective licensing.

photo of tile mural in sicily protected by copyright watermark.

Will all photos on the net have to be disfigured just to protect them?

Yes, I know it’s not a major issue right this minute, but it will become one very quickly and we can’t be sure when it will sit up and slap us in the face, so we need to be prepared.

Let’s look back first to those halcyon days when a Parliament wasn’t hung and prime ministers weren’t a double act. When the Digital Economy Bill was passed into law (the DEB almost certainly will be revisited soon) and the orphan works clause was debated, albeit briefly, in the Commons.

What happened then, just to recap, was that under lobbying pressure from photographers and the Stop43 campaign, Conservatives (with an eye on the electoral prize) agreed to drop Clause 43, while Labour (perhaps thinking they had more chance of a majority than they actually did) decided they didn’t need to drop Clause 43 – or perhaps it was their bargaining chip for getting the rest of the DEB through all along, whatever. Meanwhile, Don Foster for the Lib Dems argued to amend the clause, but keep it. This despite the fact he’d been told in great detail why this was a bad idea.

So now that we have a Tory/Lib Dem coalition government, do we really know where the parties stand? The Conservatives said at the time of the DEB debate that there would need to be a proper review of copyright, OW and ECL after the election, and it would appear that at face value they have some sympathy with photographers and other creators of original content. But then we have the Lib Dems, who clearly don’t understand the issues.

With some luck the Lib Dems will see the light, and the Tories won’t be lobbied so mercilessly by publishers, aggregators and content thieves that they lose sight of the fact that photographers generate a great deal of wealth for business and the country. It’s part of our industry and our culture. It’s our heritage too. Without professional photographers, all users of images would suffer and visual innovation would stall.

It’s going to require a mammoth effort from core groups of photographers to draw up required minimum standards for any review and subsequent legislation, but it will also require the effort of individuals who claim to care about photography. They will need to keep in close contact with local groups, who in turn should keep an eye on developments at national level so that when the time comes, our voices won’t be drowned out by big business and freetards.

in Industry Comment 2 comments