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Your Digital Photos Are Too Professional
ScentCone writes "AP's technology writer Brian Bergstein reports that your 8 megapixel camera, and lukewarm+ lens/Photoshop skills may keep you from getting over the counter image printing services. Professional photographers have successfully sued processors (like Wal-Mart) for reproducing their digital works without permission. Clerks are now being told to deny print orders for some work that looks too good. Talented amateurs are having to jump through hoops, present documents, and otherwise cajole teenage cashiers into taking their orders. No doubt one successful suit costs more than a thousand denied amateurs' orders, but sheesh. On the other hand, pro wedding photographers depend mightily on the income derived from reproducing their work, and it will take time for things to evolve to the point where clients are willing to pay a lot more up front in exchange for wider image rights after the fact. There's no well-supported digital equivalent to a negative (as reasonable proof of ownership), so retailers are defensively resorting to near paranoia to stay out of court."
If the wedding photographer is giving out the 8 megapixel versions of the images on CD, then they're just stupid. If a person has a CD that has 8 megapixel pictures on it, chances are good that they took them themselves.
Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
If I sign something claiming ownership of the image, why are they liable? They have no way of actually knowing, and couldn't reasonbly be expected to do so. To expect the printer to be the enforcer is only creating a point of friction between the printer and their customers. This just seems so black and white obvious to me.
... to the invention of the photocopier.
Remember when you went to a Staples or Kinkos and they wouldn't let you photocopy lots of things because they *might* be copyrighted works? Remember when you had to jump through hoops to prove that you were photocopying a book segment for a school book report?
Fast forward to today. No problem anymore. They just refer you to the Self Serve copiers with the "Don't Copy Illegally" signs and look the other way while you make your own Oxford Englsh Dictionary at 5 cents a page.
This will be a ridiculously short-lived phenomenon for two single word reasons:
* Kiosks
* O-foto (that's not really a word...)
I'm thinking about it, therefore I might be.
I went digital for my wedding, but the agreement with the photographer stipulated that I was the copyright holder and that the digital copies would be turned over to me. He was allowed to keep & make copies to promote his business, but he was not allowed to sell them.
I agree absolutely there is no reason to give up control of copyright to the pictures of your own wedding. We were able to turn around and make good quality prints for friends and relatives for pennies. Our total printing costs came to just over a hunderd dollars and we were able to send out prints along with every thank-you card.
Photographers deserve to be paid as a professional at a fair wage for their time and effort, but they dont deserve to 0wnZ3r your wedding.
We have the best government that money can buy.
The problem people buying wedding photography don't usually get is that, for most photographers, there's only 1-2 weddings per week they can shoot. That's because almost everyone gets married on Saturday afternoon. That'd be OK, except that a wedding's worth of photos need to be gone through, touched up, organized, proofs or other comparison method made up, sent out, process the incoming order and otherwise take up much more time afterward, all tied to the wedding on Saturday. Not to mention spending time at bridal shows, meeting with potential customers that don't sign, working on marketing and the rest of the non-billable portions of running a business. Combine that with couples that want the photographer to shoot the rehersal dinner and rehersal itself the night before and want that included in the package and you're left having to charge an entire week's worth of labor and materials to a single customer.
Then, as a self-employed person, they need to effectively double the money they want to pay themselves to cover their own payroll taxes, unemployment insurance (mandatory in my state), etc. you have to charge the equivalent of $40/hour, just to make $40,000. But, almost no one gets married in Nov-March, so you have to compress it further if you want to make your living doing just weddings. Throw in another couple of weeks here and there where the couple breaks up and cancels and you don't get another booking and you're left only able to get billable clients for about 26 weeks per year.
The end result is that you'd have to charge $3200 a wedding just to break even on the LABOR and still only make $40,000/yr, working weekends in addition to weekdays, dealing with people on one of the most stressful days possible, working without a safety net (just waiting to get sued because you "ruined" their once-in-a-lifetime-day and caused them major emotional distress).
I started down this road a couple of years ago and, after running the numbers and doing about 4 weddings, I decided that to be worth the hassle, the expense in redundant equipment (the bride doesn't want to hear that your *only* 135mm portrait lens cracked on HER SPECIAL DAY) and extra crap like multiple tuxedos in your closet because couples insist that the photographer wear one too, I'd have to charge well over $5000 a wedding to do it. And, since "anyone can take pictures" and "you're only working 3 hours a week", no one except the really high end clients wants to pay $5000-$7500 for a basic wedding photo package. If it were in that price range, work for hire would be fine.
However, quote $5000-$7500 for a wedding on a work-for hire basis, and you'll hear the whole working for 2-6 hours thing and they'll quickly do their own math and say, "No one's worth $2500/hr".
So, photographers have relied on print purchases to spread that cost around a big. After all, if the album's "worth" $1400, if the proofs are $400, if the digital photos on DVD are $250 etc. then the remaining money doesn't seem as bad.
The Glass is Too Big: My Take on Things
I work in the photography field, so I might be able to offer a different perspective.
Did you know that photographers who work for National Geogrpahic own their images, even if they appear in the magazine? They fought for that right in court and the Supreme Court sided with the little guy on this one - that being the photographer.
Your contract as a programmer states explicitly that what you create on the job is owned by the company. But if you did not agree to that upfront, then anything you invented/created on the job would actually belong to you.
You see - the NFL owns the game, but NBC owns the broadcast. You own the content of your wedding, but the photographer owns the images they created. Now, the NFL and NBC have certainly negociated something that is beneficial to both, otherwise the NFL takes its games to another network (which happens all the time). And likewise, you have the ability to negociate with your photographer over rights and find another one if the terms are not to your liking.
What I do is offer prints as part of the package, and additional prints online at a reasonable charge, and at the same time the couple may purchase the "negatives" (a CD of the RAW images and full resolution processed JPEGs) along with the rights to do whatever. My charge for taking the photos + handing over the rights is still under the market price, however.
Copyright law goes back decades protects the photographer to same way it protects freelance programmers and journalists. Organizations like AMPS and PPA have spent a lot of time, money, and effort defending the rights of photographers and other creators/inventors againsts the interests of large corporations. And if the average person could stick it to the photographer, then the large corporation can too as well as the creative programer.
-- Richard Finn http://www.random-seed.com/
if you feel that $20 a print (or whatever is being charged) is to steep, have your friend take the photos at your wedding. but remember that these are the pictures that will be on your wall in 50 years, when you celebrate your anniversary. Exactly...but the point of this article is that if those pictures your friend takes actually look decent, you won't be able to get the printed to hang on your wall at all because "surely, some pro photographer took them since they look good, so if you print them, you're ripping him off.
No it's not. It's just a way of forcing people to pay more for a service/product than they are willing to pay in a free market.
A lot of the crap being passed as "intellectual property" nowadays didn't require much of an investment - however, even if something DOES require a substantial investment to develop, the value of that "thing" is NOT set by the seller - it is set by what people are willing to pay to get it in a free market. If you can't get people to pay a certain amount to get something in a free market, then it isn't worth that amount.
Really? You got some studies to back this up? All of the historical studies that I've read indicate that the U.S. became as economically successful as it is today by riding roughshod over European "intellectual property" concerns. China is getting rich & still growing during tough times by pretty much ignoring "intellectual property" laws (except for some lip service).
It seems more like developed countries try to encumber competitor countries by getting to them to go along with "intellectual property" laws (either by bribing or threatening them). Developing countries which ignore those intellectual property laws often end up with economies which go like gangbusters (except for economy-destroying scenarios like massive corruption).
So give me a few examples of countries that have benefited by passing laws which restrict the ability of their citizens to innovate (which is exactly what "intellectual property" laws do).