The Art of Intellectual Property

dpilgrim writes "When digital technology meets intellectual property, most of the attention focuses on the movie industry or the music business. I was surprised to discover how much of an impact there is in smaller areas like professional photography, and put together some reflections on my experience." This is why when I get married I want to make sure I contract only for the photographer's labor.

Comments

Copyright is Copyright

[phliar]

You have to respect the photographer's copyright.

Just like with source code -- it is up to to the producer of the source/photograph to decide what copyright terms to attach to the product. You don't like the terms, go elsewhere. Once this gets off the ground there will be photographers (or artists in general) making "Open Art", and there will be the ones making "Closed Art." You can't get on a high-horse and say that "Art Wants To Be Free" or anything like that.

Re:Copyright is Copyright

[aaarrrgggh]

The problem isn't as much as the idea that the photographer has a copyright on the images, but rather that they are performing a work for hire.

The truth today is that there isn't as much value in the duplicate prints of keepsake photographs. There is more value in the ubiquitous distribution of the composed images, via the internet or sending someone a CD.

Ultimately it is an issue with contracts. The problem is that the photographer historically provides artistic service in composing the shot, and in printing the image. The wedding photographer's competition isn't digital copyright infringement, it is the throw-away cameras that are put up on all the tables.

All industries must continually evaluate where they add value. Duplicate prints aren't where a photographer should make their money today.

Will always be a need for wedding photographers

[bartash]

Guests at a wedding take lots of photographs, but they are all the same. You get a million shots of the couple cutting the cake, but not many of Aunt May together with Uncle Bruce. As the article says the wedding photographer also composes shots that other people copy.

The other thing is: never hire a friend to take your wedding photographs. Your friends are there to enjoy themselves. One of my friends hired another friend to take the wedding photos. Something went wrong and the photos were never delivered. Those old friends are still not talking. Don't be cheap, hire a pro!

The photographer is a thief

[mangu]

Your point would be true, except that the photographer seems to be trying to get paid several times for the same work.

If the photographer profits from selling additional copies, then he should do the basic work for free. The low-quality samples provided should be treated as a sales catalog. The couple who got married should be treated as models, they shouldn't have to pay anything for the production, and should get part of the profit from the sale of additional copies.

Suppose it was a fashion magazine which had a photo of, let's say Cindy Crawford, on the cover. Would ms. Crawford have to pay for the whole production and not get anything from the magazine sales? Saying Cindy Crawford is famous and her image is worth a lot is not an answer, since, if one can sell pictures from a couple who is getting married, then they are professional models, deserving as much respect as Cindy Crawford, only their image would not be worth exactly as much as Cindy's, since it would sell less copies.

The *customer* is right

[TFloore]

Or have you never heard that saying?

The problem here is that the photographer is trying to charge for the wrong part of the work. The photographer is trying to charge high prices for the easy part of the work - making copies - and keep prices low for the hard part of the work - setting up a good pose with good lighting and a good background - because the technology used to allow this pricing model.

It has become too easy for the customer to do his own copying, and the pricing plan needs to change to reflect the current realities. The high-cost part of this should be showing up at the wedding and setting up the shots. The resulting photographs should be supplied at close to actual cost, because that isn't the hard part of this. And none of this crap about how making the album is art, that's a cookie-cutter operation, pull out one set of photos and put in the next set.

I do agree, this isn't an issue of "open sourcing". This is an issue of not recognizing where your "art" is, and charging properly for it. Trying to charge for a package with a built-in (false!) assumption that people will come back to you for re-prints is not recognizing the realities of the business.

And yes, I *do* strongly object to being told I have to pay again and again and again for a picture of me. No, I paid for you to set up the shot. The resulting shot belongs to me.

I paid for your expertise at arranging the shots, not your abiltiy to make copies of pictures.