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Why the Photos On Wikipedia Are So Bad

Reservoir Hill writes "The NY Times has an article investigating why, unlike the articles on Wikipedia which in theory are improved, fact checked, footnoted, and generally enhanced over time, the photos that go with Wikipedia articles are so bad and in many cases there is no photo at all for even well known public figures. Few high-quality photographs, particularly of celebrities, make it onto on Wikipedia because Wikipedia runs only pictures with the most permissive Creative Commons license, which allows anyone to use an image, for commercial purposes or not, as long as the photographer is credited. 'Representatives or publicists will contact us' horrified at the photographs on the site, says Jay Walsh, a spokesman for the Wikimedia Foundation. 'They will say: "I have this image. I want you to use this image." But it is not as simple as uploading a picture that is e-mailed to us.' Recent photographs on Wikipedia are almost exclusively the work of amateurs who don't mind giving away their work. 'Amateur may be too kind a word; their photos tend to be the work of fans who happen to have a camera,' opines the Times's author. Ultimately the issue for professional photographers who might want to donate their work is copyright. 'To me the problem is the Wikipedia rule of public use,' says Jerry Avenaim, a celebrity photographer. 'If they truly wanted to elevate the image on the site, they should allow photographers to maintain the copyright.'"

572 comments

  1. This is good and Jerry Avenaim doesn't get it by Yvanhoe · · Score: 5, Insightful

    Wikipedia does not have to increase its popularity, it has no online free rivals. It is the people who have a wikipedia page that will be willing to have such a nice picture than all American presidents who will provide copyleft pictures. If we can get RIAA-sponsored stars to interest themselves about these pesky legal issues, this is a great benefit.

    And if you really need a picture or are ready to (sigh) "steal" an image with a copyright, there is always Google Image, the greatest aggregator of ready-to-be-pirated copyrighted material.

    --
    The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    1. Re:This is good and Jerry Avenaim doesn't get it by Anonymous Coward · · Score: 3, Insightful

      Wikipedia is not a celebrity fansite. It's about information. If the information is sufficient to allow f.i. to tell a Mr. Clooney from a Ms. Berry, the goal has been achieved.

    2. Re:This is good and Jerry Avenaim doesn't get it by PopeRatzo · · Score: 1

      Google Image, the greatest aggregator of ready-to-be-pirated copyrighted material.

      Or is it ready-to-be-copyrighted pirated material?

      --
      You are welcome on my lawn.
    3. Re:This is good and Jerry Avenaim doesn't get it by Daengbo · · Score: 5, Insightful

      Indeed, instead of this:

      'To me the problem is the Wikipedia rule of public use,' says Jerry Avenaim, a celebrity photographer. 'If they truly wanted to elevate the image on the site, they should allow photographers to maintain the copyright.'"

      We should be hearing "If the publicists really want clients in the best light, they'll provide a picture which meets the largest encyclopedia's standards."

      They just don't get it. It's one picture that you donate to the world in exchange for your name being mentioned. Sports sponsors have been doing something similar for a long time.

    4. Re:This is good and Jerry Avenaim doesn't get it by abigsmurf · · Score: 2, Interesting

      Wikipedia does have a big free online rival: Search engines. It can be just as fast to find specialist info straight through a search engine than to go through wikipedia (especially if the info you're after is in a maze of disambiguation and split articles).

    5. Re:This is good and Jerry Avenaim doesn't get it by Anonymous Coward · · Score: 0

      No online rival? Are you kidding? This is what conservapedia.com was created for. Conservapedia is a real encyclopedia that is not biased at all.

    6. Re:This is good and Jerry Avenaim doesn't get it by Kratisto · · Score: 1

      When I find myself wanting to read articles written by the overly imaginative, I prefer wookieepedia. It's at least as accurate and twice as entertaining.

      --
      Conscience is the inner voice which warns us that someone may be looking.
    7. Re:This is good and Jerry Avenaim doesn't get it by fbjon · · Score: 4, Informative
      Not to mention that the photographers do maintain their copyright. Only a permissive license to use the image is required, and then only for the image uploaded to Wikipedia, not the original work.

      The world is filled with control freaks, it seems.

      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
    8. Re:This is good and Jerry Avenaim doesn't get it by Registered+Coward+v2 · · Score: 3, Insightful

      Not to mention that the photographers do maintain their copyright. Only a permissive license to use the image is required, and then only for the image uploaded to Wikipedia, not the original work.

      The world is filled with control freaks, it seems.

      Well, it's the permissive aspect that is problematic - they are no doubt afraid that the image will become the image of choice of the celebrity; for which they will get no money.

      Not that I agree with that, but most photographers are very protective of their copyright protections around usage; simply because that's how they make their money.

      Of course, most of them aren't going to create the iconic image; more likely the real reason a Wiki photo would be used a lot is it is free. In the photographer's mind however, each use translates to ost money, never mind that the demand curve for the image approaches zero as teh price becomes non-zero.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    9. Re:This is good and Jerry Avenaim doesn't get it by muridae · · Score: 1

      Oh, I suspect the publicists do get it. However, the photographers get it too, and the photographers don't give a rats arse about what the publicists want. If a A-list celebrity wants their picture for something; book, movie poster, whatever; the photographer is going to license the picture to them and charge accordingly. They want control over the picture, that has a set rate. They want exclusive control of the picture, somewhat higher. They want copyright of the picture, even higher still. Publicists are not going to be willing to pay that, and just want Wikipedia to play by their rules.

      There really should be a compromise here. But I don't think it will be between the photographers and the publicists, and I can't say I blame the guys behind the camera.

    10. Re:This is good and Jerry Avenaim doesn't get it by muridae · · Score: 5, Informative

      Hmm, let's work this out from the photographer's perspective. I go out to a studio, with all my gear and assistants, and do a model shoot of a celebrity. It's a whole days work, with hair and makeup changes, wardrobe, setting of lights before people get there, and tearing stuff down when they all leave. Maybe I'm lucky and have a stocked stage someplace, or maybe I want to shoot them on location somewhere. End of the day, I expect to get paid for this work. And what I expect to get paid depends on what the celebrity and their company want to do with the picture. Most of the time, they want exclusive control of the image, and I charge them for that. That means, I can not turn around and re-license the picture to Wiki under the CC, as the contract we have forbids it. That's the publicists problem, not mine. If the publicist wants the picture under the CC, I am going to charge more for it.

      Counter-intuitive, I know, but hear me out. By my licensing the picture under the CC, I would be giving the publicist, and the rest of the world, more rights than a normal photo contract provides, provided the photo shoot wasn't done as work for hire (15x base cost, minimum since I can never use those pics in a portfolio). Because I would lose future rights on the photo, for now and forever, I would charge accordingly. It's not greed, it's pragmatism. You say that a photographer retains their copyright, but if the picture is out there under the CC who needs to license it from the photographer under anything more restrictive? Since that is lost future potential revenue, it's going to cost more, period.

      I know this opinion won't fly well with the /. crowd. All data and stuff should be free unless it's the work I do for the company on their time and then I should be paid like a king for it. Funny that photographers think the same way about the pictures they take on someone else's time.

    11. Re:This is good and Jerry Avenaim doesn't get it by dna_(c)(tm)(r) · · Score: 2, Funny

      Yeah, but on your typical cell phone's picture, it would be hard to attribute limbs of either... Oh I see, you mean two separate photos?

    12. Re:This is good and Jerry Avenaim doesn't get it by dna_(c)(tm)(r) · · Score: 1

      They just don't get it.

      You either get 'Open Source', 'Creative Commons', 'failure of DRM' etc. or you don't.

      <sarcasm>Because Wikipedia grew to world domination by using very restrictive licenses</sarcasm>

    13. Re:This is good and Jerry Avenaim doesn't get it by AvitarX · · Score: 1

      Anyone wanting to print it would need to license your copy I bet.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    14. Re:This is good and Jerry Avenaim doesn't get it by SalaSSin · · Score: 0

      Not biased?
      Are YOU kidding me? I sincerely hope you are being ironic...

      Just check out the "Article of the Year" on Evolution, it just shouts "creationism"

      Whatever i might think about how nature has been conceived, i prefer my articles with at least a sense of objectivity.

      --
      Any sufficiently advanced incompetence is indistinguishable from malice - Grey's Law
    15. Re:This is good and Jerry Avenaim doesn't get it by vlm · · Score: 4, Insightful

      You say that a photographer retains their copyright, but if the picture is out there under the CC who needs to license it from the photographer under anything more restrictive?

      Wikipedia might be content with a vaguely 320x240 pixel image of some celebrity. A typical "womens magazine" front cover at a reasonably non-blurry DPI would need, maybe, 4000x3000 resolution, probably at a totally difference aspect ratio than the image provided to wikipedia, and probably as a PNG/raw/GIF rather than a lossy jpeg file.

      I can't think of a downside if a photographer makes a small low res sample image, perhaps with a little banner at the bottom "john q hacker, professional photographer, http://www.johnqhacker.com/" and distributes it as widely as possible.

      If some teenage girl wants to print it out and tape it to her school locker, she was never going to pay any money for a license permitting that, so no loss. If a magazine editor wants a front cover picture, the editor will gladly pay a nice big fee to license an ultra high res image in the format and aspect ratio of their choice, so no loss.

      Maybe instead of an ultra low res color image for free, try a medium res black and white for free? Assuming you are not "into" black and white for artistic reasons?

      I'm really struggling to see how a freely available low res image has any downside, and it has a microscopic upside of providing free advertising for the lazy people who don't remove the "banner ad" at the bottom.

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    16. Re:This is good and Jerry Avenaim doesn't get it by timeOday · · Score: 1
      You make it sound as if hiring somebody to take a photo for which you retain copyright would command a king's ransome. Why? Celebrities somehow get people to cut their hair, that doesn't generate any downstream revenue. More to the point, movie camera men don't have copyright on the footage they take, either. I doubt even screenwriters keep the copyright for their work, and I'd argue writing is more creative than portraiture.

      I'm not saying photographers should be forced to work under specific terms. But taking a decent photo isn't all that difficult after all, and the portraits we're talking about don't have to be pulitzer-worthy. If customers (such as publicists) started offering jobs under which they would retain copyright, the demand would be met by photographers willing to work under those terms.

    17. Re:This is good and Jerry Avenaim doesn't get it by guyfawkes-11-5 · · Score: 3, Interesting

      Not to mention that the photographers do maintain their copyright. Only a permissive license to use the image is required, and then only for the image uploaded to Wikipedia, not the original work.

      The world is filled with control freaks, it seems.

      Well, it's the permissive aspect that is problematic - they are no doubt afraid that the image will become the image of choice of the celebrity; for which they will get no money.

      Not that I agree with that, but most photographers are very protective of their copyright protections around usage; simply because that's how they make their money.

      Of course, most of them aren't going to create the iconic image; more likely the real reason a Wiki photo would be used a lot is it is free. In the photographer's mind however, each use translates to ost money, never mind that the demand curve for the image approaches zero as teh price becomes non-zero.

      What most people don't realize is for a professional photographer, if they are luck 1 out of 10 photos are useable for sale. Why don't they sell the 1st rate photos to the tabloids, and then release a 2nd rate photo with minimal or no resale value (which is probably much better than an amateur photo)to Wikipedia. They can have their cake and eat it too.

    18. Re:This is good and Jerry Avenaim doesn't get it by muridae · · Score: 1

      It's not a matter of the photographer wanting to license a low res under the CC, it's them being able to. A publicist is not going to sign a waver to that effect, because it will mean that anyone down the line can do what ever they want with the picture. And a publicist is not going to let the photographer off without signing an exclusive license.

      I get the feeling that everyone on /. hasn't a clue about photography laws in their country, and just wants someone to blame for not liking Creative Commons. It's never going to be that bloody simple.

    19. Re:This is good and Jerry Avenaim doesn't get it by muridae · · Score: 1

      Under certain circumstances, yes. Under others, I'll sign off all rights to a picture for a good cause. But I am not a professional photographer who is spending all day, scheduled around someone else's time, taking pictures for their use that I never expect to be able to use again.

      Find a publicist willing to pay work-for-hire wages, or a photographer willing to do it, and find a publicist willing to let a picture be licensed under the CC, and then you have a story. But the publicists aren't going to want a picture of their client out there that can be used for derivative works if they can help it, and they pay a photographer to avoid that. Tell me, if someone were to offer you $5000 for a single photograph under restricted terms, or nothing for one that you can later release on what ever terms you want, and it took you all day to get that picture, which option would you choose?

    20. Re:This is good and Jerry Avenaim doesn't get it by slim · · Score: 1

      End of the day, I expect to get paid for this work. And what I expect to get paid depends on what the celebrity and their company want to do with the picture.

      TFA is talking about a situation in which a star's publicists want the Wikipedia page to contain a flattering picture. In that case it seems like common sense that they should pay the photographer whatever the rate is for full rights to an image.

      On something of a tangent:

      You've given us two examples:

      • Client gets exclusive rights to the photo, photographer retains copyright. Price $x
      • Photographer is a worker for hire. Client holds copyright on all photos taken. Price > 15 * $x

      One might propose a third price:

      • Photographer retains copyright, photos released under a free license. Price somewhere between the two.

      This way the publicist gets what they want: lots of flattering photos of their celebrity being widely distributed. The photographer retains copyright on the images and can use them in their portfolio.

      This is very similar to how many open source developers get paid. The people paying Apache developers just want Apache to exist. They don't want exclusive rights to Apache once it does exist.

    21. Re:This is good and Jerry Avenaim doesn't get it by ta+bu+shi+da+yu · · Score: 5, Insightful

      Indeed. It's very amusing that on one hand, celebrities and public figures don't like the low quality images on Wikipedia, yet won't release pictures under Creative Commons licensing. They can't have it both ways. Either you get amateur and often less than flattering free pictures on the world's largest encyclopedia, or you release a high quality image under the appropriate license for use on the project.

      If you don't like either choice, then tough.

      --
      XML is like violence. If it doesn't solve the problem, use more.
    22. Re:This is good and Jerry Avenaim doesn't get it by jc42 · · Score: 1

      Wikipedia does have a big free online rival: Search engines.

      Right; and that gives us a possible clue to what's really going on behind the scenes.

      Part of the ongoing battle over copyright is the stories about people who download something from a web site and use it, mostly putting it in their own web site. Then the owner of the something (an image, a few paragraphs of text, a piece of music, whatever) sues them for copyright infringement. This is often a case of "entrapment", since most people would just assume that if something is on a web site, that means that you can download it to your own machine. Few people have enough legal understanding to go beyond that and consider what can be done to you later if you do anything with what you downloaded.

      Wikipedia is a "non-profit" operation. What money they make mostly goes into maintaining and upgrading their servers and internet connections, without which wikipedia wouldn't exist. They can't afford to be hit by a million-dollar lawsuit for copyright infringement. So it makes sense that they would be very wary of being tricked into "distributing" copyrighted material that someone "donated" to them. They can't really know much about who is donating material or what their motives might be.

      Since, as has already been pointed out, wikipedia is an information site, not a celebrity site, they have no need of high-res promo pics of anyone. They only need images that suffice for the main purpose of being accurate and identifiable.

      In particular, wikipedia needs images that come with a clear license that allows them to distribute the images. Everything on wikipedia is there for the sole purpose of distribution, and if they don't have the right to distribute something, they shouldn't accept it. They don't need gifts that are potential entrapments into expensive lawsuits. Not when we have rabid "intellectual property" corporations that sic lawyers on everyone and their grandmother, and have got exorbitant court decisions in some cases.

      And note that there are publishers who would love to have an excuse to shut down wikipedia. Anyone who is making anything available online for free is potentially a victim of lawsuits from publishers who are trying to eliminate free competition.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    23. Re:This is good and Jerry Avenaim doesn't get it by Just+Some+Guy · · Score: 2, Insightful

      Not that I agree with that, but most photographers are very protective of their copyright protections around usage; simply because that's how they make their money.

      A million F/OSS programmers and indie musicians are unsympathetic to their unsustainable business model.

      I don't mean that as a troll. Yeah, I can understand why photographers would want to keep working that way, but in a time of instant, unlimited, free redistribution of pretty much all content, relying on copyright to stay in business just isn't sane.

      --
      Dewey, what part of this looks like authorities should be involved?
    24. Re:This is good and Jerry Avenaim doesn't get it by muridae · · Score: 1

      It is all in the contract. Movie camera men are creating someone else's vision, usually the director's, and sign contracts stating that they do not get copyright. Directors, same deal with regard to the studio. Photographers have just maintained the ability to keep the contracts on terms that favor them.

      As for kings ransom, work out the cost of a photo shoot. A photographer and several assistants, 8 to 12 hours on the day of the shoot, with several more days following for culling the bad photos and touching up the good ones. Several days after that for anything else the client wants done, air brushing, compositing multiple images. And assistants are not going to work for minimum wage. Well, some will work cheaper for a big name photographer to get artistic experience. Assuming a photographer and 4 assistants, everyone works minimum wage, and other than the photo shoot they only work 8 hour days for a week, the total cost would be $1160. But that doesn't account for skill, gear, or anything else the photographer brings, and would just get you a mediocre photographer. Who would, out of a day, get about 10 or so good shots and may be willing to sell them for $100 each.

    25. Re:This is good and Jerry Avenaim doesn't get it by Just+Some+Guy · · Score: 3, Insightful

      By my licensing the picture under the CC, I would be giving the publicist, and the rest of the world, more rights than a normal photo contract provides, provided the photo shoot wasn't done as work for hire (15x base cost, minimum since I can never use those pics in a portfolio).

      As a professional programmer, I face pretty much the exact same situation. My solution: I got a job so that all of my work is for hire and my boss gets to deal with the business aspects.

      BTW, this sounds like a great opportunity for an enterprising photographer. Offer to sell good pictures at reasonable rates to the celebrities themselves so they they (and their agents) can make sure they're represented well on places like Wikipedia. If the best photographers don't find that acceptable, I'm sure there are plenty of up-and-comers who'd love the publicity and the professional connections.

      --
      Dewey, what part of this looks like authorities should be involved?
    26. Re:This is good and Jerry Avenaim doesn't get it by muridae · · Score: 1

      I agree with that. I was mentioning the two extremes figuring people would get the middle ground would be a compromise. But I was replying to a post that focused solely on the copyright issue. I have also explained, in replies to other posts, why the publicists won't pay extra for that.

      And there are lots of other scales for price of a picture. Client gets exclusive rights for X years, after which photographer gets rights to re-license it. Client gets non-exclusive license. Client gets exclusive license and allows photographer to keep picture in portfolio, which is not the same as Client getting exclusive license and the photographer keeping copyright. Usually exclusive licenses prevent any other use for commercial gain, and portfolios count.

      To clarify, publicists don't actually want CC images of their client out there. They want images they control, so that someone down the road can not use a picture of the celebrity in an unflattering light. The few who may want CC images probably don't want to pay even $x for a picture, and want the photographer to license it to them under the CC. In the end, everyone gets screwed, but there isn't really anyone to drop the blame on.

    27. Re:This is good and Jerry Avenaim doesn't get it by westlake · · Score: 1
      Wikipedia does not have to increase its popularity, it has no online free rivals.

      I wasn't aware that "popularity" had become the editorial standard for an encyclopedia.

    28. Re:This is good and Jerry Avenaim doesn't get it by slim · · Score: 3, Insightful

      It's not a matter of the photographer wanting to license a low res under the CC, it's them being able to. A publicist is not going to sign a waver to that effect, because it will mean that anyone down the line can do what ever they want with the picture. And a publicist is not going to let the photographer off without signing an exclusive license.

      In this case It's the publicist that wants the picture on Wikipedia

      From TFA:

      "Representatives or publicists will contact us" horrified at the photographs on the site, said Jay Walsh, a spokesman for the Wikimedia Foundation, which operates the Wikipedia encyclopedias in more than 200 languages. "They will say: 'I have this image. I want you to use this image.' But it is not as simple as uploading a picture that is e-mailed to us."

      "In general," he added, "we need them to know that giving us a photograph from Annie Leibovitz wonâ(TM)t work unless Annie Leibovitz is O.K. with it."

      It seems to me that this is a simple case of needing two parties (photographer and publicist) to talk to each other, and for some money to change hands. That is, call Annie Leibovitz and ask her how much she wants to be paid, to make the photo CC. Simple market forces will decide whether it happens, it doesn't happen, or a cheaper photograph is found.

      I get the feeling that everyone on /. hasn't a clue about photography laws in their country, and just wants someone to blame for not liking Creative Commons. It's never going to be that bloody simple.

      Photographs are no different from any other IP, and you'll find that /. has a LOT of IP law geeks (for which you can thank Richard Stallman).

    29. Re:This is good and Jerry Avenaim doesn't get it by fbjon · · Score: 1

      You're right, I went ahead and RTFA and as you indicate, it's the publicists' problem, not the photographers'. If photographers want to be fairly compensated for some particular contract, then they charge the apppropriate amount. Conversely, if a publicist like the ones the article talks about wants better pics in Wikipedia, then they need to put up the cash, because Wikipedia won't.

      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
    30. Re:This is good and Jerry Avenaim doesn't get it by muridae · · Score: 1

      By my licensing the picture under the CC, I would be giving the publicist, and the rest of the world, more rights than a normal photo contract provides, provided the photo shoot wasn't done as work for hire (15x base cost, minimum since I can never use those pics in a portfolio).

      As a professional programmer, I face pretty much the exact same situation. My solution: I got a job so that all of my work is for hire and my boss gets to deal with the business aspects.

      As a photographer, I wouldn't mind a gig like that if I could keep enough rights to use the pictures in a professional portfolio later. But I'm not a professional photograph, just a geek with a camera and too much free time. And no coding job because the economy sucks.

      BTW, this sounds like a great opportunity for an enterprising photographer. Offer to sell good pictures at reasonable rates to the celebrities themselves so they they (and their agents) can make sure they're represented well on places like Wikipedia. If the best photographers don't find that acceptable, I'm sure there are plenty of up-and-comers who'd love the publicity and the professional connections.

      Don't doubt it. Find a publicist who wants to pay anything for a CC image, or even wants a CC picture out there on the internet, and we can make some industry connections. I'll cut ya in for an even share of the profit if you work the gig as a two legged light stand. *grins*

    31. Re:This is good and Jerry Avenaim doesn't get it by texasandroid · · Score: 1

      A good example of how this can work right is the article on author J. Michael Straczynski. Straczynski's article had one of the typical sub-par photos. He lamented this fact on one of his on-net postings, and in the same posting provided a much better photo, officially released the new photo under the necessary license, and asked any of his readers who were Wikipedia-savvy to do the needed work to get the new photo into place. The work was done, and the article now contains a publicity quality photo of the author. http://en.wikipedia.org/wiki/J._Michael_Straczynski

    32. Re:This is good and Jerry Avenaim doesn't get it by slim · · Score: 3, Insightful

      To clarify, publicists don't actually want CC images of their client out there. They want images they control,

      But they do want pictures they like on Wikipedia. Since Wikipedia isn't going to change its policy just for them, they've got a choice. Relinquish control on some pictures, and have them on WP. Or don't and don't.

    33. Re:This is good and Jerry Avenaim doesn't get it by muridae · · Score: 1

      In this case It's the publicist that wants the picture on Wikipedia

      From TFA:

      "Representatives or publicists will contact us" horrified at the photographs on the site, said Jay Walsh, a spokesman for the Wikimedia Foundation, which operates the Wikipedia encyclopedias in more than 200 languages. "They will say: 'I have this image. I want you to use this image.' But it is not as simple as uploading a picture that is e-mailed to us."

      "In general," he added, "we need them to know that giving us a photograph from Annie Leibovitz wonâ(TM)t work unless Annie Leibovitz is O.K. with it."

      Right, the publicist wants the non-CC picture on Wikipedia. No where did I see them wanting to get the picture released under a CC license. A few stars did, and got pictures licensed as such.

      It seems to me that this is a simple case of needing two parties (photographer and publicist) to talk to each other, and for some money to change hands. That is, call Annie Leibovitz and ask her how much she wants to be paid, to make the photo CC. Simple market forces will decide whether it happens, it doesn't happen, or a cheaper photograph is found.

      Yup, that's what needs to happen. See previous.

      I get the feeling that everyone on /. hasn't a clue about photography laws in their country, and just wants someone to blame for not liking Creative Commons. It's never going to be that bloody simple.

      Photographs are no different from any other IP, and you'll find that /. has a LOT of IP law geeks (for which you can thank Richard Stallman).

      Yes, except that code does not have model rights, right of publicity, etc. If you have time to straighten out right of publicity, and how it differs between each state in the USA, since there is no federal law covering it, go for it. Same for standard photographer contracts that publicists want signed, versus what newspapers want, vs. what other media wants. And while you are at it, find a simple definition for what pictures need a model release, and which do not. Simple being single step of identifying the key points, not the usual four which still result in vague decisions.

      So, other than those points, it is exactly like other IP law that Richard Stallman has taught /. about.

    34. Re:This is good and Jerry Avenaim doesn't get it by slim · · Score: 1

      Wikipedia might be content with a vaguely 320x240 pixel image of some celebrity.

      Wikipedia is already fairly content with what it has - amateur photos snapped from a crowd. Wikipedia would certainly be satisfied by a clear medium resolution head and shoulder shot, no matter how unflattering. You don't need a talented photographer, a studio, assistants, lights, makeup artist for a shot like this.

      Again though, it's the celebrity's publicity machine that wants a better shot up there on WP. So they're the ones who should pay for it.

    35. Re:This is good and Jerry Avenaim doesn't get it by cylcyl · · Score: 1

      totally agree! they (artist/publicist) should either buy a pro photo or schedule a session where they get all the privileges. Then, they can donate it to open source. It shouldn't be that expensive, maybe a couple of hundred dollars, for the millions that can see their clients is a small price to pay

    36. Re:This is good and Jerry Avenaim doesn't get it by Anonymous Coward · · Score: 0

      "lost future potential revenue"
      Think about that phrase for a monment.

    37. Re:This is good and Jerry Avenaim doesn't get it by Anonymous Coward · · Score: 0

      Funny that when I write code for a company, they own it.

      But when a photographer takes photos for my company, they own the pictures.

      If I pay you by the hour to do something, I own the output.

      That's why I don't get professional photos done for anything--didn't even get them for the wedding. Never will until a photographer realizes they are worth (at most) $100/hr. and that what they do during the time I pay them for I own. No if, ands, or buts. Although I would be very happy to make a no-charge exception that they can use the images to advertise their portfolio.

    38. Re:This is good and Jerry Avenaim doesn't get it by Firethorn · · Score: 4, Insightful

      I have to agree. My first thought was 'then the Celeb in question hires a photographer to take a representative photo to be released under that license, or buys the rights from the photographer in question for posting'.

      It doesn't even have to be a particularly high resolution photo either.

      --
      I don't read AC A human right
    39. Re:This is good and Jerry Avenaim doesn't get it by Yvanhoe · · Score: 1

      On a slightly unrelated note, this may be my first first post. It is insane how quickly I became moderated +5. It is insane how effective the strategy to reply to my post in order to gain visibility was (I admit using this quite often though)
      Don't get me wrong, I think that Slashdot's moderation system is the best in the web so far. But to stay at the forefront, I think that such issues would merit some tentative fixes.
      How about a random shuffle of equally-nested equally-moderated posts ?

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    40. Re:This is good and Jerry Avenaim doesn't get it by Just+Some+Guy · · Score: 1

      Find a publicist who wants to pay anything for a CC image, or even wants a CC picture out there on the internet, and we can make some industry connections.

      I think you'd have to market it like we market F/OSS: "you're not paying to own the photograph - you're paying for it to be created."

      --
      Dewey, what part of this looks like authorities should be involved?
    41. Re:This is good and Jerry Avenaim doesn't get it by Firethorn · · Score: 1

      Most of the time, they want exclusive control of the image, and I charge them for that.

      How would this be different than being paid to take a picture to be put into the CC license? In either case you're not making any more money off it, right?

      Wouldn't it be better than Work For Hire photos, as you COULD put it in your portfolio? Heck, you could consider it an advertisement of your abilities, as your name remains associated with the picture.

      Still, one photo, even at 15x the cost, is still doable for an actor with a publicist. They just have to care enough to spend the money.

      --
      I don't read AC A human right
    42. Re:This is good and Jerry Avenaim doesn't get it by tnk1 · · Score: 1

      Well, I mean for Wikipedia, really all that is needed is a nice headshot. It's not like one of those takes an incredible amount of time. Bring the person in their jeans and a nice shirt, do the hair and make-up and shoot. Catch them quickly at a party or something where they have dressed up and do the shoulders up.

      Usually the iconic shots are full studio setups with wardrobe, props and scenery or they are live action shots. If they really want an iconic shot on Wikipedia, then okay, they have to suck up the costs of not having it licensed restrictively. If they did a headshot, they really wouldn't be missing anything in terms of lost revenue and their celeb would be on the site without looking like crap because they were snapped with an iPhone camera in the middle of LA somewhere.

    43. Re:This is good and Jerry Avenaim doesn't get it by muridae · · Score: 1

      It would be different in later derivative use. And it would be different from the normal contract, so publicists want to pay less. They would see it as a 'more free' picture in the free beer way, and not value it as much. When the photograph sees it on about the same terms as an exclusive license, and wants the same amount for it.

    44. Re:This is good and Jerry Avenaim doesn't get it by Anonymous Coward · · Score: 0

      Photographers take more than one photograph at a shoot. How difficult is it to cc license a good picture that didn't make the final cut for the magazine spread you were shooting? You weren't going to use it anyway, so it's not like there's lost revenue. Not to mention you could charge the client for the shot since they're using it for self-promotion.

    45. Re:This is good and Jerry Avenaim doesn't get it by Firethorn · · Score: 2, Insightful

      Then do it during a set, and put in the contract that 1 suitable photo will be CC'd for Wiki. Maybe something like the worst 2 of the best 12. IE they need 10 good photos for some shoot, then they use the 'runners up' for wiki.

      Thing is, somebody can likely walk into a Walmart picture studio and come out with an 'acceptable' photo for wikipedia. It's not like we're going for a resolution good for a poster.

      Looking-
      Arnold Schwarzenegger's photo - 726x825 amateur?
      Steve Martin - 2,376x2448 - professional?
      Patrick Stewart - 600x813 amateur?

      I COULD see Arnold or Patrick's agents wanting 'better' photos in place. Thing is, the agent is a professional and should have a budget. It shouldn't be more than a matter of going through their photo shots, finding a few suitable pictures, then negotiating with the photographers as necessary. If they're trying to save money, finding a few suitable shots from different photographers would help in negotiations. Heck, if they raise too much of a stink, find an up-and-coming photographer willing to do it for not too much.

      They're trying to have their cake and eat it too. My symapthy is limited.

      --
      I don't read AC A human right
    46. Re:This is good and Jerry Avenaim doesn't get it by jipn4 · · Score: 1

      I know this opinion won't fly well with the /. crowd. All data and stuff should be free unless it's the work I do for the company on their time

      It's not a question of "should". Wikipedia has its rules and they make sense. If celebrities want nice headshots, then they can provide them. If photographers need to be paid extra for that, then let the celebrities worry about how to make that happen.

      Because I would lose future rights on the photo, for now and forever, I would charge accordingly. It's not greed, it's pragmatism.

      You don't lose rights by licensing under CC.

      Since that is lost future potential revenue, it's going to cost more, period.

      Fine. Nobody wants to force you to donate anything. Let your clients worry about how to pay for your photo. Alternatively, maybe they can figure out how to use a digital camera and shoot a decent photo themselves; it may not be quite up to your standards, but it's also not that hard to produce something decent.

    47. Re:This is good and Jerry Avenaim doesn't get it by tixxit · · Score: 2, Insightful

      There really can't be compromise. Wikipedia is not just a not-for-profit organization that provides an encyclopedia, it is an amalgam of free information that anyone can use. For example, you are free to make an exact copy of Wikipedia, put up on your own site and they won't blink an eye. You won't be sued for copyright infringement. If Wikipedia uses images licensed out to them, but not to everyone, then no one can ever again make an exact copy of Wikipedia and distribute it. They don't have the right to use those images, only Wikipedia, the not-for-profit organization can. The information is no longer free, it has simply been licensed to Wikipedia and that makes it no different then any other encyclopedia.

    48. Re:This is good and Jerry Avenaim doesn't get it by LifesABeach · · Score: 1

      I think if you were Ansel Adams, you would have an excellent point of view. It is an industry standard for celebrity's to hand out pictures of themselves, autographed, to "fans", what does the photographer get for that?

    49. Re:This is good and Jerry Avenaim doesn't get it by Anonymous Coward · · Score: 1, Interesting

      Ah, see, that's why I found a photographer that would assign me all of the copyrights for the photos shot at the wedding (save for permission for them to use the photos in their own portfolio), because that was how they did business. My wife was pretty frustrated at how I kept walking out of photographer meetings in disgust over the copyright issue.

      Now, the best part of the whole thing? I can barely get them printed. Most places see me walk in with my disc of digital images of my wedding and start telling me they can't reproduce them. I then proceed to point out that I have the legal rights to the work, and even produce the contract. I've had at least two printers refuse to print them despite the legal proof, because they just didn't seem to understand what the hell was going on.

    50. Re:This is good and Jerry Avenaim doesn't get it by Microlith · · Score: 0, Troll

      A million F/OSS programmers and Indie musicians aren't engaging in a business model.

      Free does not run a business. At some point they make money, or they do something that earns money to subsidize the free work.

      Short of waiting to be blessed by some rich benefactor, how do YOU suggest a photographer make money at their trade?

      Oh wait, right this is Slashdot. Shaft first, think of ways to compensate later.

    51. Re:This is good and Jerry Avenaim doesn't get it by Volvogga · · Score: 1

      You lost me.*

      You say most of the time, the publicist wants exclusive control of the image. Isn't that to say that you sign over the copyright to them as well, for all intents and purposes? I understand why the photographer can't do anything with the photos, but what's wrong with the publicist now?

      I'm assuming that you don't ever get paid for that photo session again. You don't get a cut of what the publicist does with it, as you have them pay for everything up front, from what I understand of your post. Despite that, you say "If the publicist wants the picture under the CC, I am going to charge more for it." To me, that says your contract with the publicist would state "While I sign over all rights to this image to you, I forbid you from putting the image into the CC, public domain, etc."

      If this is correct, I don't understand why you, or any photographer, would care especially what the publicist does with the photographs past their intended purpose? Publicist sells photos to magazine for untold thousands or millions of dollars, obviously the photographer needs to be compensated accordingly. But one of the unused photos or a photo that has already served it's indented purpose is put into the CC or public domain, why is additional compensation and restriction needed for what equates out to a donation in the photographer (as a bonus) and publisher's names?

      In other words, once it's the publicist's problem, is it really, and shouldn't it be, all the publicist's problem? Clarification please? :)


      *I admit to full ignorance in photography contracts and business practices.

      --
      Vol~
    52. Re:This is good and Jerry Avenaim doesn't get it by Fastolfe · · Score: 1

      What part of that phrase confuses you? He's talking about revenue. That he makes in the future. That is potential, because individual photographs might not license well in the future, but some percentage of his portfolio probably does. And that revenue would be lost if he gave away his rights. What's the problem?

    53. Re:This is good and Jerry Avenaim doesn't get it by Just+Some+Guy · · Score: 2, Interesting

      Short of waiting to be blessed by some rich benefactor, how do YOU suggest a photographer make money at their trade?

      It doesn't matter. The world is moving toward free content whether we think that's good or bad. The *AA has been fighting that tooth and nail with little effect. Even if you can convince Americans to comply with the law, the other 95% of the world might not particularly care. So, given the new economic realities, content producers have to decide whether it's better to come up with some new way of selling their services, or to kick and scream and insist that they deserve to keep the status quo.

      Again, our opinions on how the market should work simply don't matter. Insisting that the old ways are good is not a viable business model.

      --
      Dewey, what part of this looks like authorities should be involved?
    54. Re:This is good and Jerry Avenaim doesn't get it by AK+Marc · · Score: 4, Insightful

      Because I would lose future rights on the photo, for now and forever,

      My understanding is that is incorrect. You retain the original. You license a copy. That copy is under CC. If you want to take it at 15 megapixels and retouch it after you are done for the best effect, then you have that. Give Wikipedia a 320x320 image. The issue for Wikipedia isn't always that the photo isn't "high quality" in the sense of resolution and such, but that it's a picture of them sneezing and the only one used because that's the only one submitted. Make a purposefully inferior copy. Give it away. Keep the others for yourself. Or, in a photoshoot, there will be hundreds of pictures taken. Take one of the mediocre ones. It will be better than what Wikipedia has now. And it will be one you would never have gotten compensated for.

      You sound more like someone that has decided that you don't like the idea and you are working hard to find reasons why it is bad, rather that taking scenarios that are more palatable and seeing how those would play out. Yes, it may take a small bit of cooperation between the photographer and the publicist, but they do that every photoshoot with a new contract, so I can't accept the "doesn't play well together" excuse when they do it all the time.

    55. Re:This is good and Jerry Avenaim doesn't get it by smaddox · · Score: 1

      Or you could release a low quality version of the picture as CC, and keep your rights on the high quality version that would be sought for anything professional enough to merit paying for a licence. Win-Win. You advertise your picture on one of the most visited websites ever, but can still sell licenses for the high quality pic.

      I swear, all the people out there complaining about not having enough copyright are blind to what they can do with what they have. Giving them more won't solve anything.

    56. Re:This is good and Jerry Avenaim doesn't get it by AK+Marc · · Score: 1

      To clarify, publicists don't actually want CC images of their client out there. They want images they control, so that someone down the road can not use a picture of the celebrity in an unflattering light.

      A medium-quality head shot in color (why the hell do they still do them in black and white? give it up, we have color photos now and the fact we didn't when the practice of head shots started should be forgotten by now, not celebrated) shouldn't have much ability to be used in an unflattering light. We have the mug shots that make it on the front of the tabloids for that. I didn't see them having an issue with control, but they had an issue that the most flattering pictures are taken with the copyright not falling under the control of the publicist or celebrity. That's what I see as the only issue. They want to take an existing photo they like and use it. Instead, they should just hire someone to produce a photo as work-for-hire and use that. And yes, there are plenty of photographers that do that, I used one at my wedding and wouldn't use anyone that worked any other way. I'm not going to have some stranger own my life and tell me I can't have it, and that celebrities and publicists allow it seems silly. The fact they don't realize the choice even exists is insanity.

    57. Re:This is good and Jerry Avenaim doesn't get it by muridae · · Score: 1

      You lost me.* You say most of the time, the publicist wants exclusive control of the image. Isn't that to say that you sign over the copyright to them as well, for all intents and purposes? I understand why the photographer can't do anything with the photos, but what's wrong with the publicist now?

      Nope, it's not the same. Exclusivity licenses say they are the only people who can use the photograph, but the photographer keeps copyright. That alone does not give them the right to use it for what ever they want. And in some cases, exclusivity does not mean they have the right to sub-license the photograph.

      I'm assuming that you don't ever get paid for that photo session again. You don't get a cut of what the publicist does with it, as you have them pay for everything up front, from what I understand of your post. Despite that, you say "If the publicist wants the picture under the CC, I am going to charge more for it." To me, that says your contract with the publicist would state "While I sign over all rights to this image to you, I forbid you from putting the image into the CC, public domain, etc."

      Yup, that's what exclusive and non-sub-licensable would mean. As for not getting paid a second time, that's tricky. If the contract is exclusive, and the photographer can not use the photo commercially, then the photographer can not always use the picture in their portfolio. Certain courts have found that, since a portfolio is a form of advertising, that it counts as commercial gain.

      If this is correct, I don't understand why you, or any photographer, would care especially what the publicist does with the photographs past their intended purpose? Publicist sells photos to magazine for untold thousands or millions of dollars, obviously the photographer needs to be compensated accordingly. But one of the unused photos or a photo that has already served it's indented purpose is put into the CC or public domain, why is additional compensation and restriction needed for what equates out to a donation in the photographer (as a bonus) and publisher's names?

      Bankruptcy and news. Or any other act that invalidates the contract. On those conditions, the photographer could regain complete rights to the picture. Remember, the contract that grants someone else rights to use something does not grant them your copyright. It is arguable if you can turn over copyright, after the work is created, via a contract signed at a later date. As for unused photographs and who can turn those over to CC licenses, that would depend on the model release signed by the celebrity. Chances are, they did not sign a standard release like I would use, where for what ever fee the model releases all future rights to the picture to the photographer.

      It works out like this. A photographer on the street, or even one shooting amateur head-shots is probably getting a full release from the model. In return, the model gets some rights to the picture and cash or equivalent. A celebrity probably signed a release that says the photo can only be used in a certain manner. Even if that photographer never licensed the photo, they are still hampered by the release. If the publicist licenses the photo, they are still bound by the model release they pushed in the first place. It's a fluster cluck, and neither party can straighten it out alone. If the publicist wants out of their contract and model release, the photographer is going to want to trade something. Either release to do what they want with the picture, or commercial rights to it again, something. Yes, there are CC-friendly photographers who would just let the picture go if the publicist asked nicely, but it a court might not recognize a friendly agreement as binding. So the publicist needs the photograph to sign a new contract, and vice versa. That new contract, to be valid, needs an exchange of financial value. And it's back to monetary exchange again.

      The monetary value of the exchange is impor

    58. Re:This is good and Jerry Avenaim doesn't get it by geekboy642 · · Score: 1

      I can't decide. Is "Get your sarcasm meter adjusted, SalaSSin." better or worse than simply saying "WOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOSH"?

      --
      Just another "DOJ fascist authoritarian totalitarian bootlicker" -- Zeio
    59. Re:This is good and Jerry Avenaim doesn't get it by muridae · · Score: 1

      The photographer can't re-license it if the model release the celebrity signed does not allow them to. The publicist can not re-license it if the contract they signed with the photographer does not allow them to. Both parties understand this, and the article picked a few publicists who want to lay the blame off on photographers not being willing to change the rules after the fact.

    60. Re:This is good and Jerry Avenaim doesn't get it by mrchaotica · · Score: 1

      Short of waiting to be blessed by some rich benefactor, how do YOU suggest a photographer make money at their trade?

      Oh wait, right this is Slashdot. Shaft first, think of ways to compensate later.

      What are you, stupid? People on Slashdot think that way because it's the economic reality of the situation. I don't give a shit whether you like it or not; the unsustainability of photographers' business model is a fact. They either have to suck it up think up a new one or quit being photographers; it's that simple. And your whining won't change that. Deal with it!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    61. Re:This is good and Jerry Avenaim doesn't get it by muridae · · Score: 1

      If the publicists and managers and so-forth would let the celebrity sign a contract to that extent, great. Chances are, they can't because the celeb is under contract to a studio.

      My post was not about after-the-fact contract changes, though. If I shot a picture that someone else wants full rights to, I would charge more in most cases. How much more depends, from $0.02 cents* to 15x the base cost. They would still be bound by the terms of the model release they got their model to sign, but that is their problem. After the fact changes are a whole other ball-game, and get much more messy since the actual legal wording of contracts is involved. Both parties end up breaking their contracts and having to resign new ones. One party wants it done, the other is going to pay a lawyer to check the contract a second time. Cash will be traded in that case, from the party that wants the change to the other.

    62. Re:This is good and Jerry Avenaim doesn't get it by Anonymous Coward · · Score: 0

      You say that a photographer retains their copyright, but if the picture is out there under the CC who needs to license it from the photographer under anything more restrictive? Since that is lost future potential revenue, it's going to cost more, period.

      On this, you are wrong. CC permits a non-commercial copyright. That means that no one can use the image in a commercial context without your permission and thus, they have to pay you for the rights to the image in a commercial context. Only non-commercial sharing is permitted. CC copyright does not necessarily mean "public domain with your name attached."

    63. Re:This is good and Jerry Avenaim doesn't get it by mrchaotica · · Score: 1

      That means, I can not turn around and re-license the picture to Wiki under the CC, as the contract we have forbids it. That's the publicists problem, not mine. If the publicist wants the picture under the CC, I am going to charge more for it... You say that a photographer retains their copyright, but if the picture is out there under the CC who needs to license it from the photographer under anything more restrictive? Since that is lost future potential revenue, it's going to cost more, period.

      No shit, Sherlock! So charge enough for the picture to make it worth it for you, and then you're done. What's the problem?!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    64. Re:This is good and Jerry Avenaim doesn't get it by muridae · · Score: 1

      There are photographers, I would do the same deal for friends and family for no cost. I would do it for someone else for a different fee than normal, 10 or 20% maybe, more if I couldn't use the pictures for a portfolio or even to show other clients what their pictures might look like. But yeah, the fact that they want to change the terms after the contract is done is silly, then it would be easy to just do another photo shoot. Unlike a wedding, that is an option.

      And I'm happy that you took the time to read the terms your photographer used. I hope the pictures turned out great and wish you and the spouse the best.

    65. Re:This is good and Jerry Avenaim doesn't get it by mrchaotica · · Score: 1

      ...Publicists are not going to be willing to pay that, and just want Wikipedia to play by their rules.

      There really should be a compromise here.

      The only "compromise" there should be here is that Wikipedia gets to set the rules, and the publicists and photographers can either deal with it or fuck off!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    66. Re:This is good and Jerry Avenaim doesn't get it by William+Ager · · Score: 1

      While everyone here is arguing with you about whether the CC licence does, in fact, have the problems you bring up, I feel it necessary to point out that the whole article and summary are completely wrong: Wikipedia allows several licences that are more restrictive than the "most permissive Creative Commons license." Most of the acceptable licences require that derivative works be licensed under the same terms (CC-by-sa, FAL, GFDL, etc). Some of the licences have requirements that are so onerous as to make practical legal reuse impossible: the GFDL is a good example of this. In those cases, you would certainly not lose future rights to the photograph, because even though it would be theoretically possible for others to legally use the photos, few would actually be able to.

      Unfortunately, it seems the article is mainly fear-mongering, and the summary, despite linking to Wikipedia policy, was apparently written by someone who didn't read that policy.

    67. Re:This is good and Jerry Avenaim doesn't get it by muridae · · Score: 1

      Miss the point where I said:

      And what I expect to get paid depends on what the celebrity and their company want to do with the picture. Most of the time, they want exclusive control of the image, and I charge them for that.

      You know, the sentence right before what you quoted; the one that put it in context?

      I can be snarky too. Want to keep up the banter? ;-)

    68. Re:This is good and Jerry Avenaim doesn't get it by muridae · · Score: 1

      Yes, that would be the best compromise. But try to make it stick in court after the ink is dry on the contract. Or try to convince the studio executives, whom the star is under a likely work-for-hire contract, that the celeb should sign a release that allows a CC picture, or that the publicist should allow it. There is a whole chain of people involved other than celebrity, publicist, and photographer.

      Aside, if you were not including me in the photographers can either deal with it or fuck off! then I am sorry for the snark directed at you in this and the other post. I don't respond well to certain insults, and tend to see them as a challenge to out-do the other person.

    69. Re:This is good and Jerry Avenaim doesn't get it by martyros · · Score: 1

      Just a comment: Licensing it under a CC share-alike license isn't the same as just putting it in the public domain. It can only be used in works that are also placed under CC-SA licenses. That pretty much excludes any standard "for-profit" magazines or books (online or dead-tree versions), and probably any calendars, screensavers, &c that it might be used in.

      --

      TCP: Why the Internet is full of SYN.

    70. Re:This is good and Jerry Avenaim doesn't get it by Blakey+Rat · · Score: 1

      4000x3000 resolution, probably at a totally difference aspect ratio than the image provided to wikipedia, and probably as a PNG/raw/GIF rather than a lossy jpeg file.

      Wow, I was taking your post seriously until I saw the acronym GIF. GIF, non-lossy? Seriously?

    71. Re:This is good and Jerry Avenaim doesn't get it by BenEnglishAtHome · · Score: 1

      I can barely get them printed.

      I feel your pain.

      As a *former* photographer, I no longer have a commercial account with a lab. If I need to get just a few photos printed and they aren't anything where the content forces me to drive across town to my preferred commercial lab (ie, all nudes always go to the commercial lab because there are always weird hassles from clerks anywhere else; I wouldn't dare take a nude of a younger-looking model to any place that doesn't have experience seeing lots of bare skin), I'll drive to one of the local spots with fairly new equipment. Literally, a high-quality mini-lab as newly installed in a Walmart or some pharmacies is good enough.

      Last time I was in one (this was a new pharmacy with good equipment), the guy behind the counter looked at my screen as I was loading up the images. "That looks like professional work." I thanked him profusely; the pics were semi-nude portraits of a particularly fetching co-worker. He looked annoyed and handed me a flyer that purported to explain copyright issues, saying "We can't print professional photos." I read the flyer and saw that it mentioned a waiver form that could be signed by the photographer. I asked for the form, filled it out, signed it, and handed it to the clerk, along with a rather too-haughty "I *am* the photographer."

      Clerk disappears. Clerk returns with manager in tow. Manager asks me to leave the store.

      Full stop. If I stay, I'm guilty of trespass and I can go to jail. The request to leave forecloses all possibility of negotiation or explanation. I leave and then proceed to tell everyone I know what idiots work at the new pharmacy. That was a number of years ago and they're now out of business.

      This amateur copyright lawyer business has truly gotten out of hand.

    72. Re:This is good and Jerry Avenaim doesn't get it by Anonymous Coward · · Score: 0

      If your company made the same deal with the photographer that they made with you, they would own the picture. That is, hire him. Pay him whether or not he actually produces anything worthwhile. Provide him with all the equipment and facilities he needs. Provide him with the software, etc. But, because your company doesn't want to shell out for all that stuff, they contract with him for a much cheaper cost than all that would be. Part of the bargain is that he keeps the copyrights (which is also negotiable, but it will raise the price quite a bit).

      On the other hand, when your company sells whatever it is that you have produced, what does the customer get? I'll bet it does not include all the IP that is contained in the product. That is, they don't get any patents, design documents, etc.

    73. Re:This is good and Jerry Avenaim doesn't get it by Anonymous Coward · · Score: 0

      "A million _poor_ F/OSS programmers and indie musicians are unsympathetic to their unsustainable business model."

      There, fixed that for you

    74. Re:This is good and Jerry Avenaim doesn't get it by ThrowAwaySociety · · Score: 1

      So license a low-resolution version, maybe 800x600.

      The kind of people who'd use a low-res version of your image likely won't be paying anyone, anyway; they'll just steal a grab from Google Images without worrying about copyright. On the other hand, a publication would most likely license a higher-res photo and pay for the priviledge.

    75. Re:This is good and Jerry Avenaim doesn't get it by BenEnglishAtHome · · Score: 5, Informative

      Short of waiting to be blessed by some rich benefactor, how do YOU suggest a photographer make money at their trade?

      As a former photographer, I'll take a stab at that. I'll use wedding photography in most of my examples because that's the only time most people ever hire a photographer.

      They can get a rich benefactor. This isn't as crazy as it sounds. Customized porn, for example, can bring in a bundle. (And, no, I guess my first example doesn't have anything to do with weddings.)

      They can employ a modified rights management strategy. Lots of wedding photographers are drifting this way. They charge more for their work and then sell substantial or all rights to the happy couple. Full-res digital files are sold for a premium. Full rights are sold for a premium. They also make money off of web services, providing a web site to display the photos and make it easy for anyone to order prints for a nominal but mildly profitable cost. Some photographers even abandon all rights after a set period, usually a year.

      They can toss all idea of control. Some wedding photographers have begun seeking out digital-ready couples who want to handle all their own post-production work. In those cases, the photographer charges a reasonable rate for a days work and, at the end of the festivities, burns a DVD with all the pics and hands it to the couple or their rep. This sort of "shoot, burn, and run" business model is definitely low-rent and is metaphorically spat on by traditional wedding photographers, but it's profitable for folks who view the job with as much romance as a plumber views lead pipe. It also makes "better-than-your-shutterbug-uncle" wedding photography available to lots of people who couldn't otherwise afford it.

      They can cling to the old model. There will always be high-end jobs to be done for rich clients who don't want to get their hands dirty. These are the people who will pay $500 per 8x10 print for an album with 100 prints in it, then turn around and pay $800-$3000 for additional, single prints to hang on the wall or give to family. These are the people who expect to sit down in a studio business office where they're served champagne, make nice talk, write a check, and not have to think about it again.

      They can sell prints. Lots of people make money in the fine-art print business. By doing so, they can retain all the traditional rights because their target audience would never conceive of pulling a 20x24 print out of the frame to get it scanned so they can email it to friends or pirate it to a commercial buyer.

      They can shoot for stock. This is nowhere near the money-maker it once was but for a talented and prolific shooter, it can make money.

      They can ridiculously specialize. Some businesses have photo needs so specialized that there's no secondary market for the work. Thus, it doesn't matter if the photographer retains rights or not because he will definitely be charging significant money up front.

      They can graduate beyond weddings and portraits to commercial work that pays big. Few will succeed, but for some it's worth a shot.

      They can negotiate rights with the buyer. Whether it's your wedding, portrait, your dog's portait, or whatever, nearly everyone is open to the concept of buying rights that stipulate the buyer can use the photos for any non-commercial purpose with attribution. This allows the photographer to maintain control enough to make money (sell the photos if their subject ever becomes famous, show them in a portfolio, etc.) while allowing the buyer to do virtually everything they can conceive with the photos without interference (give to friends, publish in the newspaper, put on their web site, etc.)

      This list is poorly organized because I typed it stream-of-consciousness style in just a few minutes. Given a few days to mull it over, I could probably get a good start on writing a book on the subject. The bottom line is that, yes, the world is changing and it's getting to be harder for photographers. But the talented, hardworking, adaptable ones will always be able to make a living.

    76. Re:This is good and Jerry Avenaim doesn't get it by boobox · · Score: 1

      "They just don't get it. It's one picture that you donate to the world in exchange for your name being mentioned. Sports sponsors have been doing something similar for a long time."

      Yes, one picture that you donate to the world and advertise that you will shoot and give away your products for free. Trust me, you'll get a lot of people contacting you to see if you'll take more pictures and give them away for free, too. People calling to offer you a paying job? Not so many (read: none).

    77. Re:This is good and Jerry Avenaim doesn't get it by Magic5Ball · · Score: 2, Interesting

      It's also somewhat amusing that few seem to realize the difference between the highly personal and instantaneous creative act of composing and capturing a good photo, versus the group iterative process which generates software and music. And unlike textual and illustrative compositions, where anyone can try their hand as an editor or writer on the best or worst of starting materials and plausibly make an improved version, it's blatantly obvious from the starting materials provided that most people with cameras don't know much about lighting or composition or exposure.

      I suppose we could de-professionalize that art also by waiting for the global expectation of photographic quality to decrease as thumbnails on twitter and random cell phone images on Facebook become the acceptable standard of quality.

      --
      There are 1.1... kinds of people.
    78. Re:This is good and Jerry Avenaim doesn't get it by cratermoon · · Score: 1

      You're both half right. The GIF format uses lossless LZW compression. It also only supports 256 colors. Any pixels that don't match one of the 256 colors in the index are forced to an available color -- hence the posterization effect when the source image is from a larger colorspace. If the original image is 256 colors (not very likely these days) then the GIF format is entirely lossless.

    79. Re:This is good and Jerry Avenaim doesn't get it by Magic5Ball · · Score: 1

      That's a very American-centric point of view. In significant other parts of the world (think HK, France, England, Brazil), grainy cellphone photos or midnight 600mm telephotos are cover material on a daily or weekly basis. I suspect parts of those markets value substantive content matters more than superficial shiny things as is the case in the U.S. where pretty packaging is king.

      Obvious downside to having a PD photo of yourself available: 4-inch story about entering drug rehab gets at least 50% more readership if it includes a 1"x1" thumbnail. PR (like photography) isn't just about always getting exposure, but about getting the right exposure and timing. CC and other permissive licenses were designed explicitly to prevent permissions from ever being rescinded, so it's mostly a non-starter for any purpose requiring public image and reputation management.

      --
      There are 1.1... kinds of people.
    80. Re:This is good and Jerry Avenaim doesn't get it by Toonol · · Score: 1

      GIF is non-lossy... unless you're talking about color resolution, and the old limitation of 256 colors. But the truecolor variants of GIF are 100% accurate, as much as any RAW or PNG. It's a lousy format, but it's not lossy.

    81. Re:This is good and Jerry Avenaim doesn't get it by Anonymous Coward · · Score: 0

      A million poor F/OSS programmers and indie musicians are unsympathetic to their unsustainable business model.

      There, fixed that for you

    82. Re:This is good and Jerry Avenaim doesn't get it by Just+Some+Guy · · Score: 1

      In other words, "what I do is hard, but I don't understand what you do so it must be easy."

      And again, none of that matters one whit to the market.

      --
      Dewey, what part of this looks like authorities should be involved?
    83. Re:This is good and Jerry Avenaim doesn't get it by slim · · Score: 1

      There's an awful lot of CC photographs on Flickr that look perfectly good to me. I may not be an expert, but I know what's good enough for Wikipedia.

      The problem is, amateurs can get close enough to bridges, mountains, plant specimens, zoo animals etc. to take decent pictures. Celebrities don't make it so easy.

    84. Re:This is good and Jerry Avenaim doesn't get it by Sparr0 · · Score: 1

      Have you taken into account the statistical bias of your sample? That is, given your assumption that "poor" black people are prone to all of these other uncommon behaviors (crime, poor money management, etc), do you not find it plausible that there is a correlation with people who order food for delivery?

      In other words, maybe other demographics who are less prone to crime, spending money they don't have, and non-tipping behavior, also order pizza less often? I find that good budgeting applies to television purchasing just as much as to meal planning.

    85. Re:This is good and Jerry Avenaim doesn't get it by slim · · Score: 1

      CC permits a non-commercial copyright.

      True, but not useful in this case, as the non-commercial version of CC is not sufficiently free for Wikipedia's needs.

    86. Re:This is good and Jerry Avenaim doesn't get it by Magic5Ball · · Score: 1

      I have no specific opinions about the two positions which you've seen fit to ascribe to me, and I'm not sure how you've deduced those from my comment.

      I've only had a few hundred journalistic photos published, which by no means makes me a professional photographer. My primary point is that the photographic production process is far less amenable to a collaborative workflow which seems integral to the intent of how other kinds of more easily revisable CC works and Wikipedia content become improved. Current examples of popular photography seem to trend toward a different aesthetic than in the past.

      In a world where meta-data is much more readily accessible than before, it may be that we're coming to value the social content and implications of photos more than the technical or documentary content which have been standards of quality in the past. That's a reasonable progression but if true, but it would also have to shift the idea of quality into a different space which is not adequately defined by this story (a photo would be "bad" not because it fails to follow traditional aesthetic guidelines but because it lacks #undefined).

      With respect to markets, most professionals I work with in the attention business (publishing, marketing, entertainment) operate as though attention is a more scarce resource than finances, in that money is nice but insufficient for success, while attention is absolutely necessary and more difficult to come by.

      --
      There are 1.1... kinds of people.
    87. Re:This is good and Jerry Avenaim doesn't get it by bill_mcgonigle · · Score: 1

      No shit, Sherlock! So charge enough for the picture to make it worth it for you, and then you're done. What's the problem?!

      Seriously. Publicists: Call me. Excellent portraits for Wikipedia cost $5K, at your place. I'll take care of all the details.

      "Why is this hard?"

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    88. Re:This is good and Jerry Avenaim doesn't get it by Magic5Ball · · Score: 1

      Of course there are many CC photos, and sites like morguefile have even more great photos licensed more permissively than CC. _And they should be exploited if possible and appropriate._ However, photos which were not taken for documentary or journalistic purposes often lack sufficient meta-information to ensure that they depict a true or representative likeness of their subjects.

      Did you take a photo of that bridge/park/animal/etc because there was something remarkable going on at the time, or because it was new to you? In either case, how would a user of that photo know if it is a representation of the pertinent features of the subject if the photographer doesn't know or didn't document the relevant parameters of the photograph? (date/time, controlled scene, with knowledge/consent of the subject [which affects attitude and disposition], social and cultural context [civic holiday? do we show foreigners this? was there an exceptional crime there this week?], etc.)

      --
      There are 1.1... kinds of people.
    89. Re:This is good and Jerry Avenaim doesn't get it by bill_mcgonigle · · Score: 1

      Clerk disappears. Clerk returns with manager in tow. Manager asks me to leave the store.

      Speaking of amateur lawyers, I think they're stupid for assuming any responsibility for what gets printed by customers. They should have a way to play telephone company here.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    90. Re:This is good and Jerry Avenaim doesn't get it by AvitarX · · Score: 1

      I am willing to bet dropping a few good shots on popular wikipedia pages would be a great ROI.

      Keep the resolution low enough that if someone really likes it they need to buy from you (for print anyway).

      It just doesn't sound like a terrible value to me, but I don't really know. I do know that $5000 is nothing for a little publicity, if it comes.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    91. Re:This is good and Jerry Avenaim doesn't get it by mrchaotica · · Score: 1

      On the contrary, you missed my point: since you already figured that out (that CC-licensed images cost you future revenue, so you have to charge more for them to compensate), why'd you continue blathering on for another two and a half paragraphs? I can only assume you intended to make some other argument there, so I was asking what it was since I sure as Hell couldn't find it!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    92. Re:This is good and Jerry Avenaim doesn't get it by mrchaotica · · Score: 1

      But try to make it stick in court after the ink is dry on the contract.

      Contract? Court? What do they have to do with anything? Either the image meets Wikipedia's licensing requirements and gets posted, or it fails to meet them and doesn't get posted. Wikipedia's policy is solely determined by Wikipedia; the publicists don't get to appeal it in court!

      There is a whole chain of people involved other than celebrity, publicist, and photographer.

      And none of those people are Wikipedia. Whatever compromise or negotiation or threats or assault the studio, celebrity, publicist, photographer, and whoever else have to make amongst themselves to accomplish producing a CC-licensed image for Wikipedia is entirely up to them. Likewise, failing to accomplish that is their problem, not Wikipedia's. And those two options correspond to the "deal[ing] with it" and "fuck[ing] off" I mentioned previously.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    93. Re:This is good and Jerry Avenaim doesn't get it by Anonymous Coward · · Score: 0

      I thought that the amateur photos that wikipedia uses were a matter of deliberate policy - they're a more honest (and hence more encyclopedic) representation of the subject than a glamour shot with several hours of makeup work.

    94. Re:This is good and Jerry Avenaim doesn't get it by meta-monkey · · Score: 1

      But they're not "just relying on copyright." They're doing what everyone on Slashdot always suggests content creators do to stay in business: provide new, custom services. However, those services are expensive, and wikipedia sure isn't going to pay for them.

      How does /. think musicians should stay in business? Give away the MP3s, charge for the concert. F/OSS programmers? Give away standard code for free, charge for service, support and customization.

      So what about photographers? In addition to the time investment, creating a studio portrait of a celebrity suitable for publication requires tens of thousands of dollars of equipment, not to mention staff and materials for wardrobe, make-up, etc. Somebody has to pay for that. You can either pay the photographer a creation fee and then he makes his money licensing the image to the publications that run it. The costs are then spread out to a variety of agencies, as the usage is protected by copyright. As /. thinks that's an "unsustainable business model," the /. solution is to charge a much higher creation fee to the publicist and then give up future licensing revenues. However, after paying all that money, shockingly, the publicist doesn't want to release it under CC so anyone can use it, even in ways that portray their client in an unflattering light. Hence the result...shitty photos on wikipedia.

      --
      We don't have a state-run media we have a media-run state.
    95. Re:This is good and Jerry Avenaim doesn't get it by syousef · · Score: 1

      So you'd rather lock up the picture and let no one see it, and you want sympathy? If you don't want to donate it, how about you sell the picture to the publicist? How much are you going to make ON AVERAGE on a picture if you retain the rights? Not how much will your best most popular picture sell for? THAT would be a reasonable price.

      I'm an amateur photographer and stuff like this is exactly why I'm not willing to go Pro. I've shot a few weddings for friends and family. (Mentioning this infuriates most professionals and/or draws insults) The friends/fmaily get the RAW files. They get the pictures YOU would discard in order to protect your reputation as a photographer that only takes spectacular pictures. It would be unthinkable of me to hoard the files or discard pictures that are less than technically perfect. No professional is willing to compete with that. What I offer to them is actually better even though my pictures are not as good as those of an experienced professional simply because I'm willing to actually release them.

      --
      These posts express my own personal views, not those of my employer
    96. Re:This is good and Jerry Avenaim doesn't get it by registrar · · Score: 1

      You're half right. If a publicist wants a photo to use on wikipedia, they get a photographer to take one. That should be the normal relationship, photographers should be paid similarly to how musicians and actors are, for their time, for expert performance.

      But what if you take one great photo, on your own time? Well, life isn't a lottery, you can't expect to get rich from one photo.

      (15x base cost, minimum since I can never use those pics in a portfolio)

      You can use them however you like. But if you can't stand earning less than three weeks' wages for a days' work, you have unrealistic expectations.

      I guarantee that most slashdotters aren't paid like kings for anything. They do a day's work, and if they're skilled, they get paid for it. They do not expect to get paid for their hobbies. They certainly do not charge "15x base cost" for anything---at least, none that I've ever known do.

    97. Re:This is good and Jerry Avenaim doesn't get it by muridae · · Score: 1

      Oh, you are a dense one. Contracts are why the compromise won't be between the publishers and the photographers. If you inferred that I meant Wikipedia would compromise, that is your problem. That you are still stuck on thinking I mean Wiki after I explicitly explained the chain of people involved tells me you are either trolling me, or just bloody well don't get it.

      I will spell it out for you in coding terms, since your sig suggests you like the GPL. HR drone hires Contractor to come into a company and write some code to fix, oh, anything. The contract the Contractor brings with him says that he owns the copyright on the code, but the company gets exclusive and non-sub-licensable rights to use it until some later time, say 3 years, at which point he can do what ever he wants with it. The HR drone accepts the contract, the Company signs off on it, and the contractor gets paid. Six months later, the HR Drone is working for another company, and wants to use the same patch, so calls up the Contractor and asks them to release the code under the GPL right then, so they can use it at the new job. Sure, the HRD might have been the person to put a stamp on the contract before, but they are not the one represented by it. Contractor may even want to oblige, but can not.
      Same works with these pictures, with the Publicist signing off on the picture contract, and the photographer being the contractor. Neither party actually has a say in how the picture gets used once the ink is dry. That's where the courts come in, because if the new contract isn't up to snuff any party involved could wreck havok on the rest for breaking the original contract.

      The publicists in TFA are just whining that they signed off on something and want to change the terms later. They all just need to suck it up and deal with it.

    98. Re:This is good and Jerry Avenaim doesn't get it by smoker2 · · Score: 1

      Except when they are taken from a UK site then uploaded to a US server, apparently the photographers copyright is meaningless. No licence was asked for or given.

      2 faced bitches.

    99. Re:This is good and Jerry Avenaim doesn't get it by masterzora · · Score: 1

      We understand, don't worry. Or, at least, the reasonable ones. However, there are two things to note: One, we're not the ones complaining about Wikipedia's photo quality here, the photographer is, so if he has a problem, he should fix it. Two, you state that you increase the base cost on a work for hire because you can never use that work in a portfolio. Not only would you be able to use a CC photo in a portfolio, but also you would already have your name attached to _every_ legal usage of it. if that legal usage was on Wikipedia, that's fairly significant exposure. Maybe you can't justify the cost from that exposure alone, but that the photographer needs to consider, rather than just writing it off as "more permissions == more moneys".

      --
      Remember, open source is free as in speech, not free as in bear.
    100. Re:This is good and Jerry Avenaim doesn't get it by reub2000 · · Score: 1

      They may be able to get close, but that doesn't mean that they can capture good pictures. Images has definitely been an area that wikipedia has been lacking.

    101. Re:This is good and Jerry Avenaim doesn't get it by Registered+Coward+v2 · · Score: 1

      Not to mention that the photographers do maintain their copyright. Only a permissive license to use the image is required, and then only for the image uploaded to Wikipedia, not the original work.

      The world is filled with control freaks, it seems.

      Well, it's the permissive aspect that is problematic - they are no doubt afraid that the image will become the image of choice of the celebrity; for which they will get no money.

      Not that I agree with that, but most photographers are very protective of their copyright protections around usage; simply because that's how they make their money.

      Of course, most of them aren't going to create the iconic image; more likely the real reason a Wiki photo would be used a lot is it is free. In the photographer's mind however, each use translates to ost money, never mind that the demand curve for the image approaches zero as teh price becomes non-zero.

      What most people don't realize is for a professional photographer, if they are luck 1 out of 10 photos are useable for sale. Why don't they sell the 1st rate photos to the tabloids, and then release a 2nd rate photo with minimal or no resale value (which is probably much better than an amateur photo)to Wikipedia. They can have their cake and eat it too.

      I disagree. Pros care about the quality of their images, and their ability to produce and sell first rate ones is why they are pros and not simply "Dads with cameras." A pro makes money based on reputation, releasing second rate photos risks damaging their reputation as upsetting the subject with a second rate image. A no win for the pro.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    102. Re:This is good and Jerry Avenaim doesn't get it by plague3106 · · Score: 1

      A million F/OSS programmers and indie musicians are unsympathetic to their unsustainable business model.

      And the rest of the world understand everyone needs to make a living, regardless of the nonsense of some unwashed socialists.

    103. Re:This is good and Jerry Avenaim doesn't get it by plague3106 · · Score: 1

      Huh? No its not... it may be moving to lower the price, but thats what happens over time. Most people are fine with $0.99 per song. I don't mind paying $60 for a really good video game.

      The content I get for free (news), I'd not pay for, because I simply don't care enough about it to get access. I already don't consider it having value... but am I going to stop paying for other content because some similar content is free? Nope.

      Lookup sales of digital music downloads... they have been going steadly up.

      http://www.dmwmedia.com/news/2008/02/19/report:-digital-music-download-sales-pass-cd-sales-2012

    104. Re:This is good and Jerry Avenaim doesn't get it by Trogre · · Score: 1

      Yes, Wikipedia is not like projects such as OpenOffice.org, Mono, Evolution and Red hat Directory Server who do require you to relinquish copyright before your submission is accepted.

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    105. Re:This is good and Jerry Avenaim doesn't get it by Anonymous Coward · · Score: 0

      i agree with Jerry because if everyone look at wikipedia as a place where your not allowed to copyright images then they should change that from being that way it should maintain more then just images to people.

    106. Re:This is good and Jerry Avenaim doesn't get it by Daengbo · · Score: 1

      The publicist represents the artist, not the photographer. Publicists are the ones complaining that artists' pictures are of low quality on Wikipedia.

  2. Freedom versus high quality pictures by noidentity · · Score: 5, Insightful

    To me the problem is the Wikipedia rule of public use,' says Jerry Avenaim, a celebrity photographer. 'If they truly wanted to elevate the image on the site, they should allow photographers to maintain the copyright.'

    Apparently they care more about freedom than having the highest quality images available. What more is there to say?

    1. Re:Freedom versus high quality pictures by RiotingPacifist · · Score: 0, Troll

      What more is there to say?

      gofuckyourself

      --
      IranAir Flight 655 never forget!
    2. Re:Freedom versus high quality pictures by buchner.johannes · · Score: 3, Interesting

      I have other theories:

        - Knowledge in words flows unhindered, images can only come to stay in our heads from RL, TV, Magazines, ...
            We can not reproduce images and forward it to other peoples brains. We only can with words.
        - Photos can not be improved incrementally
        - (tongue-in-cheek) You have to go outside for photos

      --
      NB: The message above might reflect my opinion right now, but not necessarily tomorrow or next year.
    3. Re:Freedom versus high quality pictures by Anonymous Coward · · Score: 5, Insightful

      How exactly does rejecting images, which the author allows to be used within *.wikipedia.org, but not elsewhere, advance freedom?

      You're kidding, right? Let me rephrase your question to something with less tortured double-negatives:

      How exactly does only allowing images under Creative Commons, advance freedom?

      Well now isn't that just a stupid question? It advances freedom because the source material is free. Tada!

      One would think, etc. etc. blah blah BAWWWWW my images, giant axe to grind over Wikipedia and Obama, blah blah

      Well you clearly have an axe to grind over Wikipedia, and you're also butthurt about the current President of the United States of America. The last bit has nothing to do with the topic at hand, so that makes you either an idiot, or a troll.

    4. Re:Freedom versus high quality pictures by Jah-Wren+Ryel · · Score: 0, Troll

      Apparently they care more about freedom than having the highest quality images available. What more is there to say?

      We ought to have a derogatory comment or two about RMS here. Like something about how he and his ideals are just too far out of the mainstream and that what wikipedia really needs is to forget about this "free as in speech" ideology that just keeps good writing and good images from ever being incorporated into wikipedia. That foot-lickin hippie is just out of touch with the rest of the world.

      --
      When information is power, privacy is freedom.
    5. Re:Freedom versus high quality pictures by SolitaryMan · · Score: 5, Insightful

      To me the problem is the Wikipedia rule of public use,' says Jerry Avenaim, a celebrity photographer. 'If they truly wanted to elevate the image on the site, they should allow photographers to maintain the copyright.'

      Apparently they care more about freedom than having the highest quality images available.

      This is the good thing. I don't come to Wikipedia to see HQ images. I come for free information I can immediately use: quote or contribute. There are plenty of other sites, where you can find images.

      --
      May Peace Prevail On Earth
    6. Re:Freedom versus high quality pictures by FireFury03 · · Score: 5, Insightful

      Apparently they care more about freedom than having the highest quality images available. What more is there to say?

      You could elaborate, I suppose... How exactly does rejecting images, which the author allows to be used within *.wikipedia.org, but not elsewhere, advance freedom?

      1. It means you don't have to deal with investigating the licence on every bit of content - if you want to reuse some content on Wikipedia then you *know* what the licence is because its all the same.
      2. Allowing non-CC licensed content would reduce the amount of CC licensed content on Wikipedia (articles would choose to use the "better" non-Free images *instead* of the Free ones), and that really would harm freedom.

      One would think, they want their pages to be printable and (re)publishable, but in that case, the authors wouldn't be credited (there is no author's name printed, when you print the page) — contrary to the current license...

      Yes, this is rather at odds with the licence - the Wikipedia templates really need to automatically add an attribution caption to all images that are embedded in a page.

    7. Re:Freedom versus high quality pictures by Jugalator · · Score: 0, Troll

      Apparently they care more about freedom than having the highest quality images available. What more is there to say?

      Correction: Apparently, they care more about not getting sued than having the highest quality images available. What more is there to say?

      --
      Beware: In C++, your friends can see your privates!
    8. Re:Freedom versus high quality pictures by Anonymous Coward · · Score: 0

      Word.

      Also, isn't it amazing that a "celebrity photographer" apparently doesn't even understand what copyright means? If he'd provide pictures under a suitable license such as cc-by-sa, of COURSE he'd maintain his copyright.

      What he actually wants is free publicity - riding on the coat-tails of Wikipedia without actually contributing to it. The people like him are saying it's Wikipedia that's got a problem here is funny, actually, because it's such an OBVIOUS lie - if it's Wikipedia that has a problem, why is HE complaining and trying to raise a stink?

    9. Re:Freedom versus high quality pictures by stephanruby · · Score: 2, Interesting

      Apparently they care more about freedom than having the highest quality images available. What more is there to say?

      Also, Wikipedia cares more about accuracy (not just freedom). The primary example cited by that NYT article is not the primary picture shown on Halle Berry's Wikipedia page, it's only the second picture shown on that page, and that picture is only one of seven pictures designed to show the progression of her career.

      In 1987, Halle Berry was a no-name first-time television actor and a failed Miss USA contestant (can anyone find her as one of the 50 finalists? I personally couldn't), it's actually very likely no good professional photograph had even been taken of her at that time (or may be it was, but it's just not findable). And perhaps, Halle Berry could have supplied a decent family picture of herself around that time period, but I doubt she'd want to highlight that initial part of her career. Hollywood is all about maintaining a sense of mystery and glamor, it's not about exposing what lies behind the curtain.

    10. Re:Freedom versus high quality pictures by MrMr · · Score: 3, Insightful

      How exactly does rejecting images, which the author allows to be used within *.wikipedia.org, but not elsewhere, advance freedom?
      It advances the freedom of the wikepedia users to use the images elsewhere. Without fear of an offended third party starting a lawsuit.
      If you disapprove of wikipedia policies you can always start you own version, you can even use their code for that.

    11. Re:Freedom versus high quality pictures by aneamic · · Score: 1

      When you upload text to Wikipedia, you don't have exclusive copyright.
      Why should you retain any more control over images you upload ?

    12. Re:Freedom versus high quality pictures by PopeRatzo · · Score: 2, Insightful

      One would think, they want their pages to be printable and (re)publishable

      Why?

      --
      You are welcome on my lawn.
    13. Re:Freedom versus high quality pictures by Anonymous Coward · · Score: 0

      I think you missed the point of Wikipedia: the information they hold is meant for the users, and that is the whole world.
      Absolutely nobody cares if Wikipedia has the images for themselves.
      Prohibiting quoting, citation and outright copying of chunks of information is not the goal.

    14. Re:Freedom versus high quality pictures by PopeRatzo · · Score: 1

      Lastly, if, indeed, freedom was on the mind over there, don't you think, Wikipedia would not have allowed a scrubbing campaign [telegraph.co.uk] aimed at keeping the page of our Glorious Leader free (there you go, maybe, this is the "freedom" you had in mind?) of mentions of his embarrassing associations and that pesky eligibility question [wnd.com]

      Don't you realize that using World Net Daily as a source only confirms what the rest of your comment only hints at, that you are a kook and a crank?

      --
      You are welcome on my lawn.
    15. Re:Freedom versus high quality pictures by commodore64_love · · Score: 2, Insightful

      >>>How exactly does rejecting images, which the author allows to be used within *.wikipedia.org, but not elsewhere, advance freedom?
      >>>

      Because when you accept copyrighted images, you attach a ball-and-chain to your leg. You are no longer free to use the image however you want, but are constrained to the photographer's wishes.

      And then what happens next? Many celebrities already complain their biographies are too negative, and that such neg material should be censored. Wikipedia ignores these requests in the interest of full disclosure, but if wiki has copyrighted photos, then the celebrity could use the copyright like a stick - "Remove the negative material from my bio, or else I will issue a DMCA action against wikipedia for using my copyrighted image." That's the chain.

      By keeping everything on your cite public domain, you keep freedom.
      By accepting copyrighted images or texts, you lose freedom.

      And as for your specific instance, nobody forced you to give-up copyright to post your photos. You could have just as easily kept the copyright and kept your photos locked-up at home, but you *voluntarily* gave it up. That's seller remorse, similar to when I sold my Gamecube and now I wish I had not, but I don't blame anyone else but myself. It was a voluntary decision, same as yours to give-up copyright.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    16. Re:Freedom versus high quality pictures by ImOnlySleeping · · Score: 1

      If the celebrities or their publicists (for example) wanted a better picture, it would literally take a minute for them to do. It would take less time than they probably spent going back and forth. Choose a photo or two from your own collection and release them to the commons. Ta da.

      --
      Everybody seems to think I'm lazy I don't mind, I think they're crazy
    17. Re:Freedom versus high quality pictures by Lord+Byron+II · · Score: 1

      She was in Miss USA in 1986:

      http://en.wikipedia.org/wiki/Miss_USA_1986

      Runner-up actually.

    18. Re:Freedom versus high quality pictures by SoupIsGoodFood_42 · · Score: 1

      And, of course, they are not mutually exclusive. Sure, it may end up harder to get good images for some things such as celebrities, but there are still plenty of good quality images on Wikipedia and people who are willing to give.

    19. Re:Freedom versus high quality pictures by Anonymous Coward · · Score: 3, Informative

      How exactly does rejecting images, which the author allows to be used within *.wikipedia.org, but not elsewhere, advance freedom?

      You're kidding, right? Let me rephrase your question to something with less tortured double-negatives:

      How exactly does only allowing images under Creative Commons, advance freedom?

      No, that's not the same thing at all. The question was not "why is allowing images under Creative Commons good," but "why is rejecting images that are not under Creative Commons bad?" I think the reason is that it's convenient for people to know that they can go ahead and copy anything they want from Wikipedia and do what they want with it, without needing to check the license agreement, so it's simpler all around.

    20. Re:Freedom versus high quality pictures by Anonymous Coward · · Score: 0

      Apparently they care more about freedom than having the highest quality images available. What more is there to say?

      You could elaborate, I suppose... How exactly does rejecting images, which the author allows to be used within *.wikipedia.org, but not elsewhere, advance freedom?

      To me this comes down to: What's the point of a collection of knowledge, if you cannot cite it?

      As soon as you have to evaluate the license of every bit of information, it becomes a lot less accessible. Information should be something to readily pass along, not something you're afraid to touch because someone might sue you.

    21. Re:Freedom versus high quality pictures by buchner.johannes · · Score: 2, Informative

      If you haven't seen it, there are quite a few websites mirroring Wikipedia. It is part of the mission to make the knowledge available, even if Wikipedia goes down (I mean the organisation).
      They want the knowledge out, not just on their servers.

      --
      NB: The message above might reflect my opinion right now, but not necessarily tomorrow or next year.
    22. Re:Freedom versus high quality pictures by buchner.johannes · · Score: 1

      There are plenty of other sites, where you can find images.

      Really? I don't know any sites where I can find images with clear copyright status except flickr and perhaps the creative-commons search engine. What am I missing?

      --
      NB: The message above might reflect my opinion right now, but not necessarily tomorrow or next year.
    23. Re:Freedom versus high quality pictures by drinkypoo · · Score: 1, Insightful

      Yes, this is rather at odds with the licence - the Wikipedia templates really need to automatically add an attribution caption to all images that are embedded in a page.

      Sometime you should try clicking on an image on Wikipedia. The results might surprise you.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    24. Re:Freedom versus high quality pictures by IrquiM · · Score: 1

      I expect HQ images in the Jenna Jameson article!

      --
      This is blinging
    25. Re:Freedom versus high quality pictures by 4181 · · Score: 1

      The primary example cited by that NYT article is not the primary picture shown on Halle Berry's Wikipedia page, it's only the second picture shown on that page, and that picture is only one of seven pictures designed to show the progression of her career.

      Great catch. Wikipedia does have many biographies with no photos at all, a problem the NYT article points out, but emphasizing the quality of this particular photo is disingenuous at best, and they should be called out for it. What it the best way to take them to task?

    26. Re:Freedom versus high quality pictures by Lumpy · · Score: 5, Informative

      Exactly. I am a professional photographer (Paid and published in several magazines) and some of my images I hold that ball and chain. but unlike others that do what I do, I gladly relinquish that. Wedding photos for example, pay me an extra $100.00 and I'll give you the full size digitals and a letter releasing reproduction rights to the couple. I get a crapload of work because I am the only photographer in this state that does this. I also get a lot of events because of that. A typical 3 day event my team will shoot nearly 30,000 photos with at least 15,000 of them good enough to give to the event organizers. Having a full reproduction release in hand on that pool size of photographs kicks the crap out of the prima-donnas that want a fee per image.

      The problem is that Wikipedia also does not really want professional images there. I submitted several of the great shots of Travis Tritt I took last year when I was on stage with him as photographer for one event, with a release terms they requested and they said no thank you. What they want is full release of OWNERSHIP not copyright. I refused to release ownership of the image, but gave them and everyone else pretty much whatever they want to do with it license. That was not good enough.

      --
      Do not look at laser with remaining good eye.
    27. Re:Freedom versus high quality pictures by surgen · · Score: 1

      >and that really would harm freedom.

      No, no it wouldn't. It would harm the movement the movement that uses "freedom" to mean what they want it to mean, not actual freedom.

    28. Re:Freedom versus high quality pictures by FireFury03 · · Score: 3, Interesting

      Sometime you should try clicking on an image on Wikipedia. The results might surprise you.

      I'm aware of this. If you'd bothered to read the post I was replying to you would see that the comment was made that printing a Wikipedia article results in something that has no attribution for photos since the attribution isn't captioned. And the poster is absolutely right, which is why I suggested that it would make sense for the templates to automatically add an attribution caption to the embedded image.

      Sadly, like most Slashdotters you seem more interested in flaming than actually reading the discussion.

    29. Re:Freedom versus high quality pictures by mdwh2 · · Score: 3, Interesting

      Indeed - and conversely, photographers care more about being able to retain restrictive licences, rather than high quality pictures.

      As well as fully agreeing with Wikipedia's stance, to be honest I don't see the problem anyway: if a celebrity is bothered that there's an awful picture of them, then that's all the more encouragement for them to donate a free image :) Similarly with fans, if they're annoyed at a poor quality picture of their favourite celebrity.

      The fundamental problem here is not Wikipedia, but that almost all celebrity pictures are copyrighted and released under non-free licences. I've wondered if there's a different attitude among photographers and programmers - even among non-professionals (i.e., "amateurs" in the literal sense of the term, but where they treat it as a serious hobby and do produce good quality work), in my experience I've come across the attitude that even though they work for free, they do not want to release even a single picture under a licence that allows commercial use. Compare that with programming, where many are happy to produce open source software that is high quality, and allows commercial use (indeed, you get arguments about GPL vs BSD, about whether even the GPL is too restrictive...)

      Similarly for professional work. If I do work as a programmer, even under contract, it goes without saying that the person paying me money gets the copyright of the work I produce. But try hiring a photographer for an event such as a wedding - AIUI, typically the photographer retains the copyright (and so strictly speaking, a married couple would be breaking the law to photocopy their own wedding photos).

    30. Re:Freedom versus high quality pictures by Anonymous Coward · · Score: 0

      1. It means you don't have to deal with investigating the licence on every bit of content - if you want to reuse some content on Wikipedia then you *know* what the licence is because its all the same.

      Your mealy mouthed wordplay about "investigating the licence" fails to hide the fact that licence conditions must be checked and complied with whenever you publish - creative commons or otherwise. And rightly so: the copyright reflects the tangible, real work that went onto making the photo (they don't just magically appear from the depths of the internets you know).

      2. Allowing non-CC licensed content would reduce the amount of CC licensed content on Wikipedia (articles would choose to use the "better" non-Free images *instead* of the Free ones), and that really would harm freedom.

      No, it would increase freedom by providing choice. You really don't know what freedom is do you. When your socialist masters send you to the gulags, you can take solace in the fact that they're open source gulags. No pesky reserved right to copy the work of another to vex you over there.

    31. Re:Freedom versus high quality pictures by mdwh2 · · Score: 1

      As well as mirrors, what about releasing offline versions, e.g., on DVD? Allowing commercial use is important too, as it means support from companies who can do things that wouldn't otherwise be possible on a purely voluntary basis - they can charge to cover costs.

      To put it another way, ask yourself why Linux is released under the licence it is, and not under one that disallows redistribution, or commercial use. If a big company says that they're going to be putting Linux on the shelves of high street stores, or including it on their Netbooks, is the first response of Linux fans to complain about unfair use of their work?

      And how many Wikipedia volunteers would contribute their time and effort, if Wikipedia was owned by Wikimedia, and only released on a very restrictive licence?

    32. Re:Freedom versus high quality pictures by mdwh2 · · Score: 1

      I'm not sure what happened there. If it's released under a free licence such as CC, it should be acceptable for anyone to include on an article. There's no need to reassign copyrights to anyone.

    33. Re:Freedom versus high quality pictures by mdwh2 · · Score: 1

      He meant there are plenty of sites where you can find high quality images, regardless of copyright or licence status.

      If your goal is to find images under clear licences, then that's what Wikipedia does provide.

    34. Re:Freedom versus high quality pictures by drsmack1 · · Score: 1

      In reference to your claims about Obama's wikipedia page being "protected"; don't you think it is best that we don't confuse the voters?

      If we were to allow misinformation to be attached to *our* candidates - the people might not vote for the right person.

    35. Re:Freedom versus high quality pictures by an+unsound+mind · · Score: 2, Funny

      Photos cannot be improved incrementally? Have you never heard of Photoshop?

    36. Re:Freedom versus high quality pictures by infalliable · · Score: 1

      Additionally, by have no copyrighted material they are not beholden to anyone. If you own the copyright to something on their page, then you have a say in how it is used. Or there needs to be a contract saying they can use it freely. Either way, it's a huge burden for an entity that relies on the general public for content.

      By using freely available material that has no restrictions, they can do what they want with it and don't have to worry about any legal/contractual issues.

    37. Re:Freedom versus high quality pictures by Eivind · · Score: 2, Interesting

      Good ! Excellent !

      I'm so sick and tired of people who're not -thinking-, and this goes for both sides of the table. People hire a wedding-photographer, and then they're shocked when they discover that despite paying for the work, the end-result (i.e. the high-quality digital files) don't belong to them, and that they need to pay exorbitant fees for each additional copy.

      Or worse, "professional" photographers who look at you as if they don't understand the question when you request a certain job -- WITH a copy of the digital files and sufficient rights to be allowed to use them as I see fit.

      I don't have a problem paying for the job. Infact I gladly pay a few hundred extra for a photographer with a clue. But when I pay for the creation of a file, at whichever hourly rate you demand (obviously, if you demand TOO much, I'll pick another photographer, but hi, that's business!), then the end-result is mine for me to do what I want with, when I spesifically ask for this, I *do* expect a photographer that calls himself a "professional" to be able to deal with it.

    38. Re:Freedom versus high quality pictures by jtev · · Score: 2, Informative

      If all images on Wikipedia are required to have the same licence (CC Attribution) then you already know what the licence is on the photograph, and can easily comply with it. If you remove the certainty of what the licence of the photographs is, then you create a situation where each individual photograph requires seperate investigation of licence.

      --
      That which is done from love exists beyond good and evil
    39. Re:Freedom versus high quality pictures by SEWilco · · Score: 2

      Is the highest quality image one which shows the person with or without makeup? Does high quality require the lighting, retouching, and background which is preferred by the publicist?

    40. Re:Freedom versus high quality pictures by Otto · · Score: 1

      Being both a programmer who releases GPL'd and BSD'd code as well as an amateur photographer, then I'd say that what license I choose depends on the quality of the work. When coding, if I care about the code and want it to be free, then I choose GPL. If it's code I don't care about much, or want to be used in commercial works, then I choose BSD.

      I have also uploaded photos to Wikipedia before. However, I can't upload any photos of what I would consider to be high quality, because they require you to basically give up all form of control over those photos. Yes, you still hold copyright, but you cannot exercise any of that copyright.

      To put in nerd licensing terms, they won't allow CC-NC in their licenses, which is unacceptable to any serious photographer. I have no problem allowing anybody to use my photos for free, unless you're actually using them to make money, in which case you owe me a cut. That's the way it works. Requiring me to license them for free commercial usage simply means that you will only get "bad" photos, or those which are not commercially viable.

      I've never made money on my photos, BTW. But I'm also not fool enough to think that they have no value. And unlike code, I don't get value back from giving it away. The GPL doesn't work for photos, because there's no return on investment.

      When I give away code, then other people improve upon it and release their improvements. That's what the GPL guarantees. I get paid in the form of better code, which I can use. I accept that as part of releasing the code. But with photography, there's no give and take there. If I give my photos to Wikipedia, I never get paid for them, in any format. They don't get improved upon. I don't get anything back. There's no incentive for me to contribute my work, which has value, because I get nothing in return.

      --
      - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
    41. Re:Freedom versus high quality pictures by muridae · · Score: 1

      pay me an extra $100.00

      That is the part that neither the publicist nor Wikipedia want to do. And who can blame either of them. Wiki doesn't want to pay for every photo, and the publicist would love it if the photographer would just put the picture out there under the CC, so they and the celebrity can use it without paying the photographer any extra. Win-Win for everyone but the photographer.

    42. Re:Freedom versus high quality pictures by dkf · · Score: 1

      To me the problem is the Wikipedia rule of public use,' says Jerry Avenaim, a celebrity photographer. 'If they truly wanted to elevate the image on the site, they should allow photographers to maintain the copyright.'

      Apparently they care more about freedom than having the highest quality images available. What more is there to say?

      Not much. The only thing to note is that if the copyright holder - whoever that is - won't release the image under a suitable compatible license, then Wikipedia can't and mustn't use it. If the people who want high quality images on wikipedia and the people capable of producing them can't agree and get the licensing sorted out, then that's hardly Wikipedia's fault.

      I suggest offering a contract with a photographer to take the pictures with an explicit clause in it that states that the copyright will rest with the hirer, and not with the photographer. Be prepared to pay extra for this, but that's OK as it is for publicity purposes. If the photographer won't play ball at a price you can stomach, kick him out and talk to the next one. In a down economy, it should be possible to find someone who will do what you want. And refuse to pay them a cent unless you get the full rights to the images. The photographers will wail and scream as they will be denied their "right" to exploit you, but that's not your problem.

      Oh, and encourage lots of other celebrities and/or their publicists to do the same.

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    43. Re:Freedom versus high quality pictures by jandrese · · Score: 4, Insightful

      Maybe for some of the many "grab a subset of Wikipedia and give it to poor people in (insert random third world country) as an inexpensive form of an Encyclopedia". Nobody would want to have to clear the rights to hundreds of thousands of photos just for some charity work.

      --

      I read the internet for the articles.
    44. Re:Freedom versus high quality pictures by stephanruby · · Score: 1

      Good catch. That makes sense. And it totally blows my theory out of the water of her having no professional shots of her.

    45. Re:Freedom versus high quality pictures by vlm · · Score: 1

      I have other theories:

          - Knowledge in words flows unhindered, images can only come to stay in our heads from RL, TV, Magazines, ...
                  We can not reproduce images and forward it to other peoples brains. We only can with words.
          - Photos can not be improved incrementally
          - (tongue-in-cheek) You have to go outside for photos

      - With words you can just make stuff up that sounds authoritative and get away with it. Not so much with pictures.

      - With words its easy to have childish edit wars about what should be included because it is "encyclopedic enough" or "important enough", but with pictures the best you can hope for is a "picture cropping battle" or just include or exclude, no real edit war possibilities.

      - Its easy to edit words to fit some totally irrational opinion, harder to edit pictures. Not impossible, but much harder.

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    46. Re:Freedom versus high quality pictures by mi · · Score: 0, Troll

      It advances freedom because the source material is free. Tada!

      I thought, we only care about freedom of people here. Well, maybe, of animals too. But of source material? Please...

      And the people's freedom is diminished, when high-quality options are rejected.

      Well you clearly have an axe to grind over Wikipedia, and you're also butthurt about the current President of the United States of America

      I do have an axe with Wikipedia, and so should you, if, indeed, freedom is important to you. Their handling of Obama's page is just another example, of how the site, that's "free for everyone to modify" is able to push the agenda of its more dedicated contributors. To the detriment of freedom of us all.

      butthurt blah idiot blah troll

      I am sorry for looking at the Beloved Leader with anything short of utter admiration. I shall repent — please, stop calling me names now...

      --
      In Soviet Washington the swamp drains you.
    47. Re:Freedom versus high quality pictures by timeOday · · Score: 1

      I think that is an excellent point; we're better off the way things are than with fake retouched Hollywood "photos." Look at this wikipedia photo of Jack Nicholson (I picked a celebrity at random). Is there anything at all wrong with this photo, for the purpose? No, not at all. If you ever saw Jack Nicholson in person, that's exactly how he'd look. Like a handsome older man.

    48. Re:Freedom versus high quality pictures by BobTheLawyer · · Score: 1

      Well that's just not true - Wikipedia could accept copyrighted photos subject to an absolute irrevocable non-exclusive licence for their use on wikipedia (with attribution). A simple click-through licence would suffice.

    49. Re:Freedom versus high quality pictures by stephanruby · · Score: 2, Interesting

      You could write a blog post called 'Why are the articles on NYT so bad?' That being said, you'd need to mix-in google, Microsoft, or Wikipedia in your title, otherwise you'd never get it accepted as a submission on Slashdot. And then, you'd get your answer, NYT is so bad because it's limited to the topics it can write about. We think of NYT as a trend-setter, but it's really just a trend-follower, just like Slashdot, always trying to get new readers by recycling the same old keywords and the same old news every day.

    50. Re:Freedom versus high quality pictures by kju · · Score: 1

      But the users need to check the license of each image as there are already different licenses in use which need different handling when reusing the images.

    51. Re:Freedom versus high quality pictures by Moryath · · Score: 0, Offtopic

      Aaaand what a surprise. Downmodded for speaking truth to left-wingers with mod points.

    52. Re:Freedom versus high quality pictures by Archangel+Michael · · Score: 2, Interesting

      Photoshop lowers the quality of the Photo. It is degredation of the worst kind. You may improve the IMAGE in the photo, but the photograph itself is harmed.

      But that is my opinion.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    53. Re:Freedom versus high quality pictures by mi · · Score: 1

      1. It means you don't have to deal with investigating the licence on every bit of content - if you want to reuse some content on Wikipedia then you *know* what the licence is because its all the same.

      You do realize, that according to this argument, there should, for example, be only one passenger car in production nation- (perhaps even planet-) wide? Seriously, nobody doing something remotely serious enough to warrant license research will be thwarted by the "complexity" of verifying the license on a particular image they like.

      2. Allowing non-CC licensed content would reduce the amount of CC licensed content on Wikipedia (articles would choose to use the "better" non-Free images *instead* of the Free ones), and that really would harm freedom.

      So, you'd rather be looking at a free graffiti on a wall, than at a decent picture? Only because the picture's owner would not allow you to make free reproductions of it, should you decide to make them? And you wish to impose that view on the rest of the subway riders, who stare at the same wall? And you would call this imposition advancing freedom?

      Please... Reducing the quality is what, well, reduces quality. And people still misappropriate the content — I have seen my pictures (given to Wikipedia) used on other sites without attribution.

      Sounds like a policy failure to me...

      Now, I know, that Wikipedia founders and maintainers are free to put forth whatever policies they damn please (and change them on the whim). But their rise diminishes other projects — commercial and otherwise. I'd rather Wikipedia lose popularity, so somebody more sensible rises to their current spot...

      --
      In Soviet Washington the swamp drains you.
    54. Re:Freedom versus high quality pictures by Anonymous Coward · · Score: 0

      Could you somehow post or link to their rejection or reasoning? I'm very surprised that content licensed under CC/with attribution was rejected on licensing grounds.

    55. Re:Freedom versus high quality pictures by westlake · · Score: 1

      Knowledge in words flows unhindered

      If that were true why is it that we have had so few science writers like Gould or Sagan that can communicate effectively to a popular audience?

    56. Re:Freedom versus high quality pictures by Anonymous Coward · · Score: 0

      Ownership isn't at issue. Wikipedia's terms of use anticipate that anyone can reuse the image, including for commercial purposes and as part of new creative works such as photoshop sources. The flip side is, the new uses must be licenced for public use and attributed, i.e., preventing proprietorial grandchildren of your freely donated pictures.

      Because GFDL is a legal licence, a general email confirming things isn't sufficient - they have to be able to show in law, it truly does meet GFDL conditions. So if you'd written them an email saying "here's a pic, do what you like with it" or used laymans terms like "I won't release ownership", you might have said everything that's needed in laymans terms, but they'd still have to write back asking you to formally confirm that you agree with the exact specifics of GFDL before they could be sure they'd satisfied the requirements of the license used.

    57. Re:Freedom versus high quality pictures by martas · · Score: 1

      You have to go outside for photos

      I didn't have to go outside for those photos of your mom...

    58. Re:Freedom versus high quality pictures by Random_Goblin · · Score: 1

      a failed Miss USA contestant (can anyone find her as one of the 50 finalists? I personally couldn't [geocities.com]),

      it helps if you search the right year 1986 (i'll give you a clue, she's the one called halle berry, that looks a lot like a young halle berry)

    59. Re:Freedom versus high quality pictures by martas · · Score: 1

      you're mean. awesome.

    60. Re:Freedom versus high quality pictures by Anonymous Coward · · Score: 0

      Did you even read his post?

      Where the hell did you get that assumption?

    61. Re:Freedom versus high quality pictures by westlake · · Score: 1
      I don't come to Wikipedia to see HQ images. I come for free information I can immediately use: quote or contribute. There are plenty of other sites, where you can find images.

      Images are easy to find. But illustration? Deft and meaningful integration of text and media?

    62. Re:Freedom versus high quality pictures by DavidTC · · Score: 1

      But try hiring a photographer for an event such as a wedding - AIUI, typically the photographer retains the copyright (and so strictly speaking, a married couple would be breaking the law to photocopy their own wedding photos).

      It depends on how much you're willing to pay. You can pay for the photos, or you pay for a 'work for hire' where all copyrights get turned over to you. (Wedding photos, however, are a scam in that people often don't realize they don't own the copyright, or that there is a copyright in the first place. Photographers should be required to explain to clients exactly what the rights are of people who hire them.)

      But, anyway, celebrities have plenty of work-for-hire images of themselves, where they hired the photographer to do a work-for-hire and now own the copyright on those photos free and clear, and could release them if they wanted.

      And they have retarded publicists, who are too stupid to look through those images, pick out a reasonable good one, resize it for Wikipedia, and release that single image under the right CC license.

      Because they want to retain total control over their celebrities images, and keep someone from pasting it to a mug and selling it, Wikipedia ends up with a craptastic image that some random dude snapped on his cell phone of George Clooney eating pasta at the table next to him. Over which they have no control at all.

      The more they tighten their grasp, the more their celebrity's image will slip through their fingers.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    63. Re:Freedom versus high quality pictures by FireFury03 · · Score: 1

      You do realize, that according to this argument, there should, for example, be only one passenger car in production nation- (perhaps even planet-) wide?

      Eh? In what way does that have *anything* to do with the discussion?

      So, you'd rather be looking at a free graffiti on a wall, than at a decent picture?

      That isn't what I said is it? Wikipedia is built on the premise that anyone can submit content and anyone can use content (under a very broad licence). If this isn't what you want then go use another (i.e. commercial) encyclopaedia.

      The pictures on Wikipedia are generally ok. Sure, many aren't of professional quality, but if you're that interested then you can quite easily find professional pictures elsewhere. For the vast majority of articles, you don't need professional photos, and it isn't Wikipedia's job to promote professional photographers.

      And you wish to impose that view on the rest of the subway riders, who stare at the same wall?

      Wikipedia is about providing information under a very permissive licence. As soon as they start accepting material which has a strict licence then this is no longer the case - they may as well be any other commercial encyclopaedia, of which there are several already.

      They are not imposing a view on anyone - if you don't like looking at Free information then you are free to go elsewhere. If you want to set up your own encyclopaedia which accepts non-permissively licensed material then you are free to do that too.

      I have seen my pictures (given to Wikipedia) used on other sites without attribution.

      And you are free to take those sites to court for breaking the licence. The fact that some people do, and will always, ignore licences has no bearing on what licences Wikipedia should accept.

      I'd rather Wikipedia lose popularity, so somebody more sensible rises to their current spot...

      Wikipedia is fraught with political infighting and general crapness, which is why I no longer edit (I have no interest in my work on an article that is informative and useful to people being binned because someone with a god complex has decided that it is their right to delete any and all articles that they themselves don't find useful).

      However, there are good reasons why Wikipedia is as popular as it is, and it will remain so until someone else (commercial or otherwise) comes up with something that addresses those reasons. But don't for any minute believe that Wikipedia *deserves* to not be popular just because it doesn't mesh with how *you* would run such a project. Your preferred policies are by no means mirrored by everyone else's preferred policies - I for one prefer to use an information resource that has totally Free pictures that are good enough rather than very high quality non-Free pictures.

      It isn't really clear to me who is complaining in this article. It certainly doesn't seem to be the users. It mentions photographers and publicists.

      As far as the professional photographers go, Wikipedia is simply a way of publicising their portfolio. If they want to use it for that then that's fine so long as they play by the same rules as everyone else. Wikipedia's mission is not to promote any person or company, so asking them to change the rules for this purpose seems to be taking the piss IMHO.

      If publicists have a problem with the photos that are being used on their clients' pages then they are free to fix that problem. They can licence photos off a professional photographer under the CC-BY-SA licence and add them to the article. Sure, it'll probably cost them more to get a photographer to agree to a permissive licence but that's just the cost of publicity. Again, Wikipedia is not in the business of promoting people, if you want to use it as such then you're free to do so so long as you play by the rules, but asking them to change the rules just so it doesn't cost you quite as much is taking the piss.

    64. Re:Freedom versus high quality pictures by Draek · · Score: 1

      Seriously, nobody doing something remotely serious enough to warrant license research will be thwarted by the "complexity" of verifying the license on a particular image they like.

      You're thinking too small. You're thinking of Joe Average wanting the photo of a goat for his unauthorized George W. Bush biography, not of Juan Promedio, chilean citizen with the crazy idea of putting his own fork of Wikipedia translated to mapudungun.

      Checking the license on a single image is feasible for an enterpreneur, doing so for all the content included in a thousand articles is not.

      --
      No problem is insoluble in all conceivable circumstances.
    65. Re:Freedom versus high quality pictures by mi · · Score: 1

      Checking the license on a single image is feasible for an enterpreneur, doing so for all the content included in a thousand articles is not.

      Why not? Your hypothetical Chilean would be able to do that — if he has the resources to translate those thousands of articles, checking the licenses on images is the least of his problems...

      --
      In Soviet Washington the swamp drains you.
    66. Re:Freedom versus high quality pictures by ildon · · Score: 1

      Wikipedia needs more lens flares.

    67. Re:Freedom versus high quality pictures by schnell · · Score: 1

      We think of NYT as a trend-setter, but it's really just a trend-follower, just like Slashdot, always trying to get new readers by recycling the same old keywords and the same old news every day.

      I'm pretty sure the news changes every day on The New York Times. Are you sure you aren't just reading a cached version?

      --
      "95% of all Slashdot .sig quotes are incorrect or completely fabricated." -Benjamin Franklin
    68. Re:Freedom versus high quality pictures by Draek · · Score: 1

      If he does it by himself, yes though it'd still be a PITA. If he just puts a copy of the english/spanish version and asks for volunteers to help him do so (the most obvious way for Free content) he does not and, being under his own domain rather than wikipedia, he'd be liable for copyright infringement.

      --
      No problem is insoluble in all conceivable circumstances.
    69. Re:Freedom versus high quality pictures by mi · · Score: 2, Interesting

      You do realize, that according to this argument, there should, for example, be only one passenger car in production nation- (perhaps even planet-) wide?

      Eh? In what way does that have *anything* to do with the discussion?

      You defended WP's policy, by saying, it is better to have a single license, because then it is easier for everyone to know, what it is. This is just as easily applied to nearly anything else — there being only one passenger car, for example, will make it much easier to find parts and all mechanics will need to know just one model.

      Wikipedia is built on the premise that anyone can submit content and anyone can use content (under a very broad licence).

      Wrong. Only the first part is the founding premise: "the free encyclopedia that anyone can edit." The second one — reuse of the content elsewhere — is not a founding premise... The term "free encyclopedia" means free (as in beer) to use...

      Wikipedia is about providing information under a very permissive licence.

      Nope, they aren't. The permissiveness of the license is nowhere near as important as the "anyone can edit" part. In fact, up until a couple of years ago, it used to be possible to upload images under a choice of licenses... The "very permissive" license demanded of media-owners now is a fairly recent development. Wikipedia reached millions of articles without such demands — and then somebody decided to use the project's weight to wrestle rights from the image-owners. Automatic bots began deleting stuff, that was not sufficiently permissive — including, hysterically, my own logo, a silly image I wanted displayed on my own user-page without giving the rest of the world permission to add it to their clip-art compilations.

      That was a miscalculations, which lead to an overall lower quality of images by now...

      They are not imposing a view on anyone - if you don't like looking at Free information then you are free to go elsewhere.

      Of course they are! In 2006 you could see an image, and in 2007 it was replaced by one inferior in every respect except license. For somebody just reading the articles — the vastly overwhelming majority of visitors — that's a disadvantage imposed on them by the site's maintainers.

      It isn't really clear to me who is complaining in this article. It certainly doesn't seem to be the users. It mentions photographers and publicists.

      Is it any clearer, who was complaining before? Certainly, not the users... And if anybody were to ask them, it is a fairly obvious bet, that, when shown two freely readable pages with the same text, any reader would prefer one with higher quality illustrations.

      Wikipedia is simply a way of publicising their portfolio.

      And there is nothing wrong with it, as long as their contributions are on-topic. Gratuitously pissing these people off — by demanding, they give up all rights to the posted pictures — is what resulted in the lower-quality of images, that TFA is discussing... And all of the Wikipedia readers are the worse of for it...

      --
      In Soviet Washington the swamp drains you.
    70. Re:Freedom versus high quality pictures by ChaosDiscord · · Score: 1

      I submitted several of the great shots of Travis Tritt I took last year when I was on stage with him as photographer for one event, with a release terms they requested and they said no thank you.

      Could you please elaborate? Who said no thank you? What were the details of the offer and refusal? I expect there was a misunderstanding, because what you describe doesn't make any sense. Why would Wikipedia refuse a high quality, relevant, useful image? You don't need to seek permission up front, you can just create a Wikipedia account, select an acceptable license (CC-BY, CC-BY-SA, GFDL, or public domain, your choice!), and upload your photo, you should be good to go. Assuming the photo is relevant, add it to an article. (You don't need to add it to an article, but people may not notice your generous contribution if you don't.)

    71. Re:Freedom versus high quality pictures by Anonymous Coward · · Score: 0

      How exactly does rejecting images, which the author allows to be used within *.wikipedia.org, but not elsewhere, advance freedom?

      Paraphrase: How does rejecting images restricted to use by Wikipedia alone advance freedom?

      Answer: images that are usable only by Wikipedia are not usable by anyone else. Couldn't be used in an offline cache. Couldn't be used in a derivative project. Couldn't be used in a class project. Images which are specifically licensed to wikipedia.org substantially reduce the intellectual value of Wikipedia, if not contrary to the founding philosophy.

    72. Re:Freedom versus high quality pictures by commodore64_love · · Score: 1

      Yeah that's great until some lawyer decides he doesn't understand what the word "irrevocable" means (similar to how Clinton pretended he didn't understand the meaning of the word "is"). Said lawyer will then drag wikipedia into court in order to revoke that irrevocable license, and wikipedia doesn't want to be there.

      Therefore it's easier to just avoid the whole copyright issue completely.

      BTW all of these issues would disappear completely if we amended the U.S. constitution to specify that copyrights only last fourteen years. That legal clause was only intended to be a *temporary* source of money for the artisan, and then the work would become public domain for the benefit of society as a whole.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    73. Re:Freedom versus high quality pictures by Sj0 · · Score: 1

      It seems to me that wikipedia's mission is to be a free encyclopaedia anyone can use or edit.

      For wikipedia to be an encyclopaedia anyone can use or edit, the content within wikipedia must be free to use or edit.

      Copyright law prevents people from using or editing copyrighted images.

      For content within wikipedia to be free to use or edit, therefore, the images must either not be copyrighted, or licensed in such a way that they are free for anyone to use or edit.

      Therefore, your 'free' options are actually illegal, and could result in someone getting a letter from a lawyer. That's not freedom.

      --
      It's been a long time.
    74. Re:Freedom versus high quality pictures by JasterBobaMereel · · Score: 1

      One celebrity image was posted by the photographer under a CC permissive licence and got a notice slapped on it

      Personality rights warning

      This work contains material which may portray one or more identifiable persons alive or deceased recently. The use of images of living or recently deceased individuals is, in some jurisdictions, restricted by laws pertaining to personality rights, independent from their copyright status. Before using this content, please ensure that you have the right to use it under the laws which apply in the circumstances of your intended use. You are solely responsible for ensuring that you do not infringe someone else's personality rights.

      They just don't want pictures .....

      --
      Puteulanus fenestra mortis
    75. Re:Freedom versus high quality pictures by Sj0 · · Score: 1

      You're a troll, so let me use a troll-like argument.

      On Slashdot, nobody wants to pay for movies or music. They'll freely pirate, and rationalize it by saying the licensing is terrible, and there's DRM, and all this stuff. In reality, if they hate the terms of ownership so much, they should buy something else. Don't want to deal with DRM or licensing? Don't buy stuff with DRM or licensing issues.

      Same idea here. Wikipedia is a free encyclopaedia filled with free, legal content. If you hate the fact that you can't break the law and stick a bunch of unlicensed copyrighted photos on there, then simply don't use Wikipedia.

      --
      It's been a long time.
    76. Re:Freedom versus high quality pictures by Sj0 · · Score: 1

      Really? I figured it was because you're an off-topic, flamebaitish troll.

      But hey, keep it up. "HELP HELP! I'M BEING OPPRESSED!"

      --
      It's been a long time.
    77. Re:Freedom versus high quality pictures by mrchaotica · · Score: 1

      I completely agree: "go fuck yourself" is exactly what should be said to the whiny photographers/publicists/whoever who can't deal with Wikipedia's policy!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    78. Re:Freedom versus high quality pictures by ChaosDiscord · · Score: 1

      I am reminded that the bar is a bit higher for people who don't otherwise contribute. In particular, you need 10 edits. This sucks, but it does help cut down on the flood of copyright infringement that Wikipedia is constantly fighting. And if you try to contribute through someone else, the road is really complex. But the road is complex not because Wikipedia doesn't want professional photographs, but because Wikipedia is deathly afraid of copyright infringement.

    79. Re:Freedom versus high quality pictures by Kam+Solusar · · Score: 2, Informative

      One celebrity image was posted by the photographer under a CC permissive licence and got a notice slapped on it

      *snip*

      They just don't want pictures .....

      I don't see the problem. The personality rights warning doesn't mean that they don't want the image (it doesn't lead to deletion of the image), it just warns re-users that they probably can't do everything they want with this image. Many countries have laws that limit what you can do with images of other people without their explicit permission. For example, if there's a photo of Harrison Ford under a free license, it would be no problem to use it in encyclopedia articles, news stories, etc.. But a company can't use it to advertise their products without the permission of Mr. Ford.

      --
      The Angels have the Phone Box
    80. Re:Freedom versus high quality pictures by mrchaotica · · Score: 1

      Because when you accept copyrighted images...

      Wikipedia does accept copyrighted images! They're just permissively-licensed, and "copyrighted-and-permissively-licensed" and "public domain" are not the same thing. Yes, they have similar practical effects sometimes. However, they're different enough that it's important to distinguish between them. Mixing them up ruined the credibility of your otherwise-correct-and-insightful post and contributes to the general confusion and misunderstanding about copyright that causes jerkwads like the guy in the article to make nonsensical complaints in the first place!

      Presumably, you cared enough about copyright issues to write that post. Next time, could you put in just the little bit of extra effort to get the terminology right, please? Half the problem with copyright is that the precise distinctions between concepts matter, yet people can't be bothered to pay attention to them. And I'm getting sick and tired of it!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    81. Re:Freedom versus high quality pictures by SolitaryMan · · Score: 1

      Oh, come on! Those are the easiest ones to find in the whole universe! I suspect that even the aliens, when they finally land, will already have a dozen or two.

      --
      May Peace Prevail On Earth
    82. Re:Freedom versus high quality pictures by shutdown+-p+now · · Score: 1

      Because it is an explicit goal of Wikipedia - to be a Free and Open encyclopedia.

    83. Re:Freedom versus high quality pictures by shutdown+-p+now · · Score: 1

      There's no incentive for me to contribute my work, which has value, because I get nothing in return.

      Why should monetary incentive be the only one to contribute? E.g., do you ever donate to charities? Wouldn't you consider an organization with effective mission of spreading knowledge one?

    84. Re:Freedom versus high quality pictures by Abreu · · Score: 1

      Interesting.

      When you print a Wikipedia article, you get a different layout and you get a caption under the title reading "From Wikipedia, the free encyclopedia"

      Maybe someone could add an attribution caption to all images that are printed, but not to the browser (because you can click on the image and see the credits if you are watching the article online)

      --
      No sig for the moment.
    85. Re:Freedom versus high quality pictures by The+End+Of+Days · · Score: 1

      But you're free to do whatever they tell you is allowed. Isn't that enough?

    86. Re:Freedom versus high quality pictures by Otto · · Score: 1

      There's no incentive for me to contribute my work, which has value, because I get nothing in return.

      Why should monetary incentive be the only one to contribute? E.g., do you ever donate to charities? Wouldn't you consider an organization with effective mission of spreading knowledge one?

      It doesn't necessarily have to be monetary compensation that I was discussing, but I get your drift.

      While it's true that you *can* rely on donations, it doesn't strike me as a good way to actually have them get the high quality material they're looking for. I mean, Wikipedia basically relies on donations of material right now, and this is obviously still a problem.

      In the more general sense, contributing to a cause I believe in makes me feel better about myself. Doing a good thing, altruism and all that.

      In the specific case of this discussion, I don't really believe in their "cause". They don't have one that I can see. I think Wikipedia is a good idea, and I contribute my words and such to it, but those have little value. I write a lot of words. Photos on the other hand, have tangible and demonstrable value. Why should I give them something of real value without an obvious cause to give to or any form of compensation?

      --
      - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
    87. Re:Freedom versus high quality pictures by shutdown+-p+now · · Score: 1

      I mean, Wikipedia basically relies on donations of material right now

      I wouldn't even say that Wikipedia "relies on donations". I would say that such "donations" are the fundamental Wikipedia model! Indeed, all new articles and edits are similarly donated. It's what makes Wikipedia Wikipedia!

      In the specific case of this discussion, I don't really believe in their "cause". They don't have one that I can see. I think Wikipedia is a good idea, and I contribute my words and such to it, but those have little value. I write a lot of words. Photos on the other hand, have tangible and demonstrable value. Why should I give them something of real value without an obvious cause to give to or any form of compensation?

      If you don't feel like it (because you don't believe in their cause, or otherwise), then of course you shouldn't. As an author and a copyright holder, what you do with your works is your choice alone, and I respect that, even if I disagree with it.

      Myself, I believe in spreading knowledge for its own sake, a good in and of itself, which is why all my contributions to Wikipedia are released into public domain (but I'm not a photographer, so my opinion is hardly relevant in the context of this discussion).

    88. Re:Freedom versus high quality pictures by Anonymous Coward · · Score: 0

      So let me get this straight. You are pissed off that images that you wanted to retain control of were rejected from Wikipedia? Do you understand anything of what Wikipedia is about? If you don't want your pictures to be freely used, don't put them on Wikipedia. It's that simple. There are no hurt feelings, no one is angry at you. In many cases no one will even really care. But Wikipedia is not an opportunity for you to show your pictures for free and then turn around and continue selling that image, presumably with greater exposure and hence value. A similar image, perhaps. But not the same image. That rings of gaming the system, trying to use Wikipedia as a publicity tool rather than honestly contributing within the spirit of the project.

    89. Re:Freedom versus high quality pictures by DragonWriter · · Score: 1

      One would think, they want their pages to be printable and (re)publishable

      Why?

      Because (from the horse's mouth) "Wikipedia ... is a multilingual, Web-based, free-content encyclopedia project." The "why" not be the same for everyone involved in the project, for some "free content" may be an independently good, for others it may be an instrumental good, but whatever the reasons that individuals support it for, its part of the core Wikipedia mission.

    90. Re:Freedom versus high quality pictures by meta-monkey · · Score: 1

      I am a full-time professional photographer, and I do shoot weddings.

      You're going to be hard-pressed to find a professional photographer who will transfer the copyright of the images of your wedding to you. "Limited reproduction rights," sure, but copyright? Not so much.

      Remember, there's two parts to copyright. First, you've got the right to reproduce and use the image as you see fit. Next, you've got the right to prevent others from doing things with the image of which you do not approve. If I transfered to you the copyright, I would be giving up my own rights to the images, meaning I could not, without your permission, sell printed copies to your friends and family (and they may prefer images retouched and enhanced by a trained artist and then printed at a professional lab, as opposed to a drug-store photomat or home inkjet) or use the images in my own portfolio or enter them in competitions. So I'm not going to do that. However, pay me enough, and I'll gladly give you a disc with "limited reproduction rights," meaning you can make all the prints you want, give copies (digital or otherwise) to your friends and family, post them on your website/blog/facebook/whatever, and basically do whatever you want with them except sell them for commercial publication (not that that would ever happen, anyway) or prevent me from using them for my own self-promotion and after sales.

      I think that's a pretty fair deal, and is probably more like what you're after.

      --
      We don't have a state-run media we have a media-run state.
    91. Re:Freedom versus high quality pictures by lennier · · Score: 1

      "If I transfered to you the copyright, I would be giving up my own rights to the images, meaning I could not, without your permission, sell printed copies to your friends and family (and they may prefer images retouched and enhanced by a trained artist and then printed at a professional lab, as opposed to a drug-store photomat or home inkjet) or use the images in my own portfolio or enter them in competitions. So I'm not going to do that."

      No! Fail! Wrong! That's the very definition of "work for hire".

      Surely if any kind of photography is "work for hire" then it's wedding photography. It's someone else's special day, you're just the person hired to take images of it and hand them over.

      "I think that's a pretty fair deal, and is probably more like what you're after."

      No, I don't think it's a fair deal at all. It's OUR wedding, it's OUR memory, WE want to have the rights. You were just there looking through the lens. You didn't create the moment, you didn't organise the catering, you didn't buy the outfits. You're just an interchangeable cog delivering a service, so please deliver it and then get the heck out.

      And for goodness sakes don't later try to reproduce pictures in a photo contest or something without our permission! They shouldn't be YOUR pictures because IT'S NOT YOUR WEDDING!!!

      So charge extra if you need to, but man. Why is this so hard to understand? Is there some kind of weird wedding photographer mafia cartel or something?

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    92. Re:Freedom versus high quality pictures by meta-monkey · · Score: 1

      But that isn't true. While no, I did not choose your dress or your tux or your venue (although god I wish you people would let me, with some of the awful choices you make...) I did create the portraits. I did choose (or create) the lighting, the background, and coaxed the expressions out of you. While I didn't create the moments, I did choose which ones I was going to capture, and from what angles and by what methods. And I did, then, edit, color-correct and enhance the images as per my artistic eye and technical ability. So while I didn't create the event, I did create the images. I take pride in those images as my creation and am not comfortable giving up all rights to them. I am, however, willing to share those rights with reasonable people, of whom you do not seem to be one.

      As for a "wedding photography cartel," nothing could be further from the truth. This is a completely unregulated profession. It's anarchy out here. There is no government oversight or licensing. Anyone with a camera and a pulse (pulse optional) can call themselves a photographer, and many, many do. Just google "[your city] wedding photographer" and watch the pages and pages of results that scroll by. And those are just the people who want to get paid...now go to craigslist and search, and you'll find still more pages of people who'll do it for free. So you're hardly locked in to some mafia system...you have more options for wedding photography (and a wider price range) than just about any other service I can think of, and that diversity continues to increase. Since the advent of digital photography, in the past 10 years the number of attendees at on of the largest wedding photography trade shows, WPPI, quadrupled from 3,000 to 12,000. You have no shortage of photographers to choose from, and as they're almost all sole proprietors there is no uniform set of policies or behaviors amongst them.

      So the only way to survive in such a field is to be more than just an "interchangeable cog," and provide a higher level of quality and service than the vast swath of competitors, and I've managed to do that just fine these past seven years and will continue for the next 35 or so. And just because you've commissioned me does not make me your slave. I don't know what your profession is, but I'm sure there are conditions you will work under, and conditions under which you will not work, regardless of the compensation. For me, an arrangement in which I give up all rights to my work is not a condition under which I will labor. So, you shouldn't hire me. But thankfully, in the free market, there are people who will do what it is you want, and you are free to hire them. And there are many others who think my terms are reasonable, and willing to hire me.

      Believe me, these aren't flippant decisions, but those I make to be sure I can show my work to get commissioned in the future, and maintain my reputation in the community in high standing, thereby garnering commissions large enough to keep me employed. I am not a fly-by-night hack, I am a Professional Photographers of America Master Photographer (one of only 70 in the state of Florida, and the 2nd youngest), and support myself and my family solely through this profession. You can see samples of my work on my website.

      I am sorry you had such a poor experience with your wedding photographer.

      --
      We don't have a state-run media we have a media-run state.
    93. Re:Freedom versus high quality pictures by Anonymous Coward · · Score: 0

      Were you moderated "troll" because a clueless moderator thought you were trolling the pro-RMS camp and didn't bother to read carefully enough to realize the opposite? Or were you moderated "troll" because a an anti-RMS moderator didn't like you pointing out that his camp's regular inveighing against RMS is so shallow?

    94. Re:Freedom versus high quality pictures by adolf · · Score: 1

      Pardon me if I seem lost and confused, but:

      I contribute to Wikipedia once in awhile. Usually, I don't bother to log in (reverting obvious vandalism or whatever), but when I have something substantial to add, I try to make sure that I'm accountable for it. My edits generally seem to stick around just fine.

      I've only contributed one image to Wikipedia. There wasn't any "bar" to jump over; all I did was tag and upload the picture, and put an appropriate link in the appropriate article.

      It's been there for a little over two years.

      Now, granted, the photo in question is of a work on public display in a public facility owned by the People, so I (altruistically) couldn't bear to claim any copyright on it and released it into the public domain. But, there wasn't any retribution for my contribution. I just put it there, and it stayed.

      Technically, it's not a very good photo - the focus is soft, the lighting is horrible (dark subject, bright surroundings, glass case), and the camera shake during the long (freehand) exposure was unavoidable. But I did approach it professionally, trying to coax a decent exposure out of my little Kodak point-and-shoot of what I feel is an important subject. I shot that piece at least a dozen times to get something passable, and I'm quite pleased with the results of my effort, given what I had to content with.

      I just checked the Wikipedia entry when I got back from the museum, out of curiosity, and uploaded an image that I felt was missing.

      Did I do this wrong? Should I have prefaced my edits and uploads with telephone calls and prerequisites, while paying tribute to some unknown hegemony?

    95. Re:Freedom versus high quality pictures by morven2 · · Score: 1

      If anyone told you this, they were badly misinformed, or you're not describing the situation accurately.

      Wikipedia does not require you to give up your copyright or ownership; what they do require is that you license your images under an acceptable free license (the exact details of what's acceptable are on the site somewhere). You can definitely retain the right to be attributed as the creator of the image. You can also insist that any re-user must release their derived work under the same license.

      In general, the Creative Commons Attribution Share-Alike license (CC-By-SA) is the simplest and most common of these licenses; you can read its terms at creativecommons.org if interested.

      Did you, perhaps, wish to have some other constraint on the images, for example restricting re-use (permission only for Wikipedia, or only for non-commercial use)?

    96. Re:Freedom versus high quality pictures by Eivind · · Score: 1

      Actually, in my jurisdiction there's no significant difference between the two, because personality-rights would prevent you from selling portraits of us without a model-release. Thus you can't actually sell copies of the pictures to third parties, even if you retain copyright. (well, you could sell those pictures that for example depict the venue or the wedding-cake, but my guess is you'd have few takers)

      But no, if you could, I do -not- think it'd be fair. I *paid* you a fair price for the production of those images, that's it, you do not get to first be paid, then be paid AGAIN.

      As for retouching, I may or may not (that's my choice!) want to purchase those services for you. If I do, that's mostly done in photoshop these days, and doesn't preclude transfering ownership of the end-result.

      Hi, and it's my pictures -- if I want to print them on a monochrome dot-matrix-printer onto toilet-paper, that's *also* my choice.

    97. Re:Freedom versus high quality pictures by Eivind · · Score: 1

      Asking a different price for a different service is fine. I do too.

      Rate 1, the cheapest one, is for custom-made-software where I can use open-source foundations, and where I can do whatever I want with the end-result, the customer gets a copy under the GPL and can do what he want with the software, subject to the restrictions in that license (which are few)

      Rate 2, more expensive, for software where the customer retains full rights to the end-result, this means I can't use open-source foundations unless they're under a license that permits taking things propriertary, and it also means I cannot turn around and sell the end-result to additional customers. For that reason, the hourly rate is higher.

      It's perfectly fine for a wedding-photographer (or anyone else) to say: "I'm $200/hour, or $250/hour if you want the copyright for the end-results"

    98. Re:Freedom versus high quality pictures by FireFury03 · · Score: 1

      This is just as easily applied to nearly anything else â" there being only one passenger car, for example, will make it much easier to find parts and all mechanics will need to know just one model.

      Not really - having only a single model of car removes choice. There are many encyclopaedias so if you don't like Wikipedia's policies then you're free to choose a different one.

      And if anybody were to ask them, it is a fairly obvious bet, that, when shown two freely readable pages with the same text, any reader would prefer one with higher quality illustrations.

      You would have lost that bet - *any* reader would not prever the higher quality illustrations. I am a Wikipedia reader and I would prefer the Free version that has illustrations that are good enough.

      And there is nothing wrong with it, as long as their contributions are on-topic.

      I already said that didn't I? There's nothing wrong with using Wikipedia for whatever purpose you like so long as you stick to the rules. But photographers now seem to be telling them to change the rules because it is harming their ability to use it for something which is not Wikipedia's stated purpose. If Wikipedia's mission objective was "allow photographers to publicise their portfolio" then you'd have a point. But it isn't - if you want to do that then you can either play by the same rules as everyone else or go use a different site that has rules more suited to your purpose (for example, Flickr).

      And all of the Wikipedia readers are the worse of for it...

      No, the Wikipedia readers who don't care about the information being Free are worse off for it. Those who do care about the Freeness of the information are *better* off for it. Please do not be under the illusion that your views universally apply to every Wikipedia reader, for they do not.

    99. Re:Freedom versus high quality pictures by stephanruby · · Score: 1

      Me? Actually read the articles? You must be new around here.

    100. Re:Freedom versus high quality pictures by commodore64_love · · Score: 1

      >>>And for goodness sakes don't later try to reproduce pictures in a photo contest or something without our permission! They shouldn't be YOUR pictures because IT'S NOT YOUR WEDDING!!!
      >>>

      You people think too clean.

      There are far worse things a Wedding photographer could do, if he holds the copyright to the images. Like paste your new wife's head onto a naked body (either for fun or as revenge), and with today's techology it's possible to make it look real. You might think, 'No big deal' but some women have lost their jobs due to such photos - like teachers. Bosses fire first, investigate later, and it could take YEARS in court to prove the photos were faked and get your job back.

      The photographer can not be allowed to keep the images. Forget to pay the bill? Ooops you angered the photoman and he posts your naked wife online. You cannot trust strangers with your images, especially someone with advanced skills.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    101. Re:Freedom versus high quality pictures by mi · · Score: 1

      I am a Wikipedia reader and I would prefer the Free version that has illustrations that are good enough.

      For the purposes of these discussions, where the preferences and behavior of millions of users are the topic, the terms "all" and "overwhelming majority" are equivalent and interchangeable. You know that too, and yet you chose to engage in this kind of hair-splitting...

      There's nothing wrong with using Wikipedia for whatever purpose you like so long as you stick to the rules.

      The rules, as I have already mentioned, were changed by Wikipedia. They didn't mind "restrictive" licenses up until 2006, and then, having attained what they believed was sufficiently critical mass, they changed the rules so as to push forward a certain agenda to the detriment of both readers and the serious contributors.

      But photographers now seem to be telling them to change the rules because it is harming their ability to use it for something which is not Wikipedia's stated purpose.

      The photographers' ability to use Wikipedia for self-promotion is not contrary to any of the Wikipedia's stated purposes either. If the "price" of getting higher quality illustrations is accepting images marked "Wikipedia only", then the illustrations are still free, and ought to be accepted.

      No, the Wikipedia readers who don't care about the information being Free are worse off for it.

      And that represents the vastly overwhelming majority of readers, who use the site for a quick reference and can't be bothered to check the permissions on the illustrations, much less to have an opinion on that... And you know that too — you are just presenting yourself as an exception, while denying (to yourself) how tiny the minority you represent really is.

      Face it, the information being Free is not part of Wikipedia's stated purpose — just as helping photographers is not. When the two conflict, neither one can pull the "I'm the founding principle!" and they have to be reconciled by looking at what advances the site's mission better.

      I maintain, that attracting high-quality images is more important, because it improves the experience for millions of readers, even if a tiny minority is unhappy about being unable to use those images elsewhere (not that any of them ever would, mind you).

      Please do not be under the illusion that your views universally apply to every Wikipedia reader, for they do not.

      Well, you are under that illusion all day — why can't I be?

      --
      In Soviet Washington the swamp drains you.
    102. Re:Freedom versus high quality pictures by FireFury03 · · Score: 1

      For the purposes of these discussions, where the preferences and behavior of millions of users are the topic, the terms "all" and "overwhelming majority" are equivalent and interchangeable.

      Except they aren't equivalent at all, no matter how much statisticians and governments might want that to be true.

      to the detriment of both readers and the serious contributors.

      Debatable.

      The photographers' ability to use Wikipedia for self-promotion is not contrary to any of the Wikipedia's stated purposes either.

      Correct. And I never said it was contrary - it simply isn't part of Wikipedia's stated purpose, so expecting Wikipedia to change the rules so that it can be used for something that is nothing to do with the stated purpose is silly. I may as well demand that Wikipedia changes all the text on the site to purple because I want to promote the colour purple - it isn't one of the aims of Wikipedia and I would be stupid to expect them to commit to such a change.

      If the "price" of getting higher quality illustrations is accepting images marked "Wikipedia only", then the illustrations are still free, and ought to be accepted.

      You seem to be confused by the difference between Free (as in speech) and free (as in beer). A "Wikipedia only" licence is by no means Free, even if the content is provided gratis.

      And that represents the vastly overwhelming majority of readers, who use the site for a quick reference and can't be bothered to check the permissions on the illustrations, much less to have an opinion on that...

      In the words of Wikipedia, [citation needed].

      In any case, even if it were true, why should Wikipedia care? You might suggest that a lot of Linux users don't care about Free software and therefore making the kernel non-Free would be fine - clearly a lot of people would find this utterly unacceptable (for very good reasons). Just because many (even a majority) don't care about something doesn't mean it's a good idea to throw it away.

      You keep talking about how the majority must be catered for and the minority must be ignored. I sincerely hope you are never in charge of anything significant - that's a really slippery slope to making massively unsatisfactory concessions in order to cater to the lowest common denominator. Similar parallels can be drawn against technologies such as DRM (the majority of people don't care, so the minority that have serious concerns over such technologies must be ignored) and religion (the majority of people are of religion A, so the minority who are of religion B must be ignored).

      (not that any of them ever would, mind you)

      Wikipedia articles and images are re-used all over the place - you're deluding yourself if you think they aren't.

      Please do not be under the illusion that your views universally apply to every Wikipedia reader, for they do not.

      Well, you are under that illusion all day — why can't I be?

      Where have I said that my views apply to every Wikipedia reader? In fact, I have fairly explicitly said that they do not. They apply to *me* (and many other Wikipedia readers, but certainly not all).

    103. Re:Freedom versus high quality pictures by meta-monkey · · Score: 1

      While that is possible, from a business standpoint there are a few problems.

      The first is that the rate would have to be much, much higher than just a 25% increase to make it profitable. If I transfer not only the files, but also the copyright to the files (meaning I can now do NOTHING with them, not even show them to anyone else), I lose out on:

      1) Album sales to the couple

      2) Reprint sales to the couples, family, and guests

      3) Album sales to the parents

      4) Potential new jobs from showing the images in my portfolio

      5) Potential new jobs from giving copies of the images to other vendors (for instance, I give all the florists pictures of the flowers they made, and they refer me)

      6) The ability to enhance my reputation by entering the images in contests (I get a lot of marketing miles out of winning awards)

      7) Potentially diminished reputation because the couple is now poorly reproducing my work and showing it to their friends, making my work look inconsistent

      8) All of the reputation-based losses also apply to attracting other photographers to attend workshops and seminars I conduct.

      So, faced with all of that, I would probably have to charge 3-5 times what I do now to make up for not only the lost revenue, but the loss of potential revenue. And if I made a habit of this, such that I had no portfolio to show (because I gave away the copyrights to the images), I didn't have any award plaques hanging on my walls because I couldn't enter my images in competitions, you never saw my images on the walls at the reception venue and florist and cake maker's officers because I couldn't give them vendor prints, and when you did see my images in friends' albums it was inconsistent because the couples were finishing the images themselves and printing and binding them in albums with wildly different (and frequently tragic) ways...yeah, with no portfolio and no consistent reputation and 3-5 times my current prices I think I would go out of business.

      For those reasons, I choose to only work with couples who want albums and have no problem sharing the copyright to the images. If someone wants just a disc, they are free to hire one of the billion other wedding photographers out there.

      Thankfully, though, this argument is all kind of pointless, as my clientele is not privacy-paranoid slashdot geeks...my target market is fashionable, well-off young women. They want to be featured on my blog so they can show it off to all their friends. They want their friends and family to be able to buy professionally made prints of their wedding from me. They're too busy with pharmacology school or their real estate development business to make their own album, and they don't have a pirated copy of photoshop, anyway.

      --
      We don't have a state-run media we have a media-run state.
    104. Re:Freedom versus high quality pictures by meta-monkey · · Score: 1

      First, that would be immoral and illegal. Second, wedding photography is almost entirely a word-of-mouth, reputation-based business (at the professional level, anyway). So, any photographer who did that would wind up on the 6 o'clock news and would be tarred, feathered, run out of town, and then sued into oblivion.

      Also, it's never happened in the history of the world, so I wouldn't really worry about it.

      Oh, and as for "forget to pay your bill," I get paid before the wedding, not after, so there's no chance of that.

      --
      We don't have a state-run media we have a media-run state.
    105. Re:Freedom versus high quality pictures by meta-monkey · · Score: 1

      Which is why my contracts include a model release. When one commissions my services, they agree that I have a model release to use their images in my portfolio, to sell their images "with due consideration to good taste," and to use their images in photographic competitions. Pretty much all professional photographers have that same clause in their contract. And by "professional," I mean "has a business license and a sales tax ID and derives a large portion of their income from photography."

      Also, in my state, Florida, a verbal agreement counts as a model release. So for guests at a wedding, when they agree to pose for portraits at the church alter, in front of me, a professional photographer hired by their friend or family member, using professional equipment, that's basically an implied verbal model release.

      Also, you don't have to have a model release in order to use someone's likeness for commercial purposes. However, if you don't have a model release, someone can stop you from using their likeness for commercial purposes. Meaning, I can use someone's image in my portfolio without a model release, but if they ask me to stop I have to. Or, rather, they could sue me to force me to stop, but it would never come to that.

      Also, in seven years of doing this most every weekend, no one has ever complained, so the whole "model release" thing is a moot point. Like I said in my other response to you, my clients are reasonable, fashionable young women who love having their images publicized and get excited about being on my website or having their album win a contest or something, and not paranoid /. wannabe lawyers.

      But no, if you could, I do -not- think it'd be fair. I *paid* you a fair price for the production of those images, that's it, you do not get to first be paid, then be paid AGAIN.

      Sort of. You're paying once for the creation of the images...the time, talent, use of equipment, insurance, etc etc, and then you're paying again for the specific use of the image, or the finishing/retouching/album design and printing. So it's more like two different services that are related.

      As for retouching, I may or may not (that's my choice!) want to purchase those services for you. If I do, that's mostly done in photoshop these days, and doesn't preclude transfering ownership of the end-result.

      Well, it's your choice whether or not to buy my services, but it's also my choice to choose which services I am willing to sell to you, as it's my business. If I open an italian restaurant, and you come in and demand I make you tacos instead, that's your choice, but it'd then be my choice to suggest that you might be happier at the mexican restaurant down the street. Similarly, I choose to only sell retouched images.

      Hi, and it's my pictures -- if I want to print them on a monochrome dot-matrix-printer onto toilet-paper, that's *also* my choice.

      Well, they're not your pictures. They're pictures of you, but the copyright belongs to the person who created the images. If I write a song about you, I still own the song, not you. If a local news station interviews you for a story, do you own the story now? I think it's interesting that you think you should be the sole owner of the image of you, even though the way the copyright system works, it's the exact opposite. You don't own it at all, and the photographer who took it owns it completely. In reality, I'm the one who chooses to share the rights to my images with my clients, not the other way around.

      The thing about the "monochrome dot matrix printer" is the reason why I don't do weddings that don't include albums, because people have to trust I'm going to do a good job for them, which means my work has to look consistent. If my clients were doing their own poor quality reproduction jobs, and saying "I hired that guy and here's the result" my work would look wildly inconsistent, and then potent

      --
      We don't have a state-run media we have a media-run state.
    106. Re:Freedom versus high quality pictures by Anonymous Coward · · Score: 0

      Privacy used to be a good thing, once upon a time, until the camera was invented. And now there are cameras hiding under every leave, like frogs in Egypt...Your privacy "paranoid" slashdot "geeks" might have been potential clients, but not any more. Who needs an insulting fotographer????

    107. Re:Freedom versus high quality pictures by meta-monkey · · Score: 1

      Who wants untrusting, unwilling, paranoid and suspicious clients?

      My entire livelihood is decided by the opinions of my clients. Anything I do that results in my clients being upset and angry with me directly reduces my bottom line, and that bottom line is what pays my mortgage, puts food on my table, pays my health insurance premiums and funds my IRA. Why, why, why would I do anything contrary their best interests?

      And yet, the typical /. response to my posts and other similar posts is that I, as a wedding photographer, am somehow planning to exploit and offend my clients. One poster said to not trust wedding photographers because of the possibility they might photoshop your bride's head on to a naked body. Why the hell would I do that?

      I think that's the definition of paranoid, assuming that someone else is "out to get you" even in spite of their own best interests.

      I've dedicated my life to this profession. I've spent years training and studying on the best portrait artists of our generation. I've committed about $100,000 on photographic equipment to make sure my clients' images are the best they can possibly be. Whether or not I eat, whether or not I get evicted from my home depends on my ability to deliver quality images and a superb experience to my wonderful, wonderful clients. I have a seven year track record of making couples and their families happy, having photographed over 250 weddings.

      Despite those clear and obvious facts, the typical /. response is to assume that I'm some kind of profiteering degenerate, desperate to belittle and insult my clients. That's some bizarre paranoia right there, and nothing with which I want to be associated.

      Read the responses to my other posts in this story. Now, imagine your boss said those same things to you, assuming you were trying to embarrass and discredit his company. How would you feel, being an honest and trustworthy employee? Would you not want to say, "screw this, I'm going to go work some place where I'm trusted and respected for the hard work I put forth?"

      Hence, that's why I wouldn't want to work for the typical /.er. Anyone who doesn't trust me, and who honestly believes I would sacrifice my own good name (and thereby livelihood) for no better reason than to embarrass them can kindly take their grubby dollars elsewhere.

      --
      We don't have a state-run media we have a media-run state.
  3. Photographers do maintain the copyright of course by 3dWarlord · · Score: 5, Insightful

    They want to use wikipedia as a advertisement for their portfolio while still using a restrictive license for everyone else. This is a problem, of course, for the encyclopedia that aims to be free for anyone to copy, distrubute, modify as they please.

  4. Good grief by JohnFluxx · · Score: 4, Insightful

    > 'If they truly wanted to elevate the image on the site, they should allow photographers to maintain the copyright.'"

    Um, they do. If he can't even understand a basic thing such as copyright, then why is he writing such an article? The whole article stinks.

    The nytimes seems to be complaining that the photos of celebrities are ordinary photos, rather than 'glamour shots' (their words). I fail to see the problem.

    It goes on to say that photographs are static and can't be improved, thus exposing a flaw in the wikipedia model. Wtf? You can just replace a photograph with a better. And I have even seen a given photo re-uploaded when someone else found a better version (like the NASA photos).

    1. Re:Good grief by LWATCDR · · Score: 1

      Or how about who care? Really they are celebs. I don't look them up often and rarely to see what they look like. If they don't like the picture then they can replace it or link to there own sit.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    2. Re:Good grief by martas · · Score: 1

      Wtf? You can just replace a photograph with a better.

      yep. and as a start, you can represent everything with stick figures. or, better yet, ASCII art. then you can incrementally improve it, because it's text!

  5. Don't see the problem. by Anonymous Coward · · Score: 4, Insightful

    But surely the photographers DO maintain the copyright, they just license the image freely. If they have a problem with 'freedom', they should just say that instead. "We photographers don't like freedom". There, I restated the problem, clearly.

    If some celeb has a problem with their picture, they can just pay for one to be CCd. Don't tell me in a world of millions of photographers, they're all asshats?

    1. Re:Don't see the problem. by julesh · · Score: 3, Informative

      But surely the photographers DO maintain the copyright, they just license the image freely. If they have a problem with 'freedom', they should just say that instead. "We photographers don't like freedom". There, I restated the problem, clearly.

      If some celeb has a problem with their picture, they can just pay for one to be CCd. Don't tell me in a world of millions of photographers, they're all asshats?

      In over 10 years in the web design industry, working closely with probably 20+ commercial photographers, I have yet to find one that doesn't insist on retaining control of the rights to reproduce the photos they take for you. They want to charge you for taking the photo, then they want to charge you again if you want to use the photo in a different way to how you used it the first time.

    2. Re:Don't see the problem. by funkatron · · Score: 4, Insightful

      Asshat photographers are pretty common. At a gig my band were playing we had a photographer turn up (we didn't know him or invite him), get in the way at the front of the stage and then try to sell us pictures by showing us the display on his camera while we were trying to clear the gear up. He wasn't even interested in emailing us thumbnails so that we could look at them properly (and put them on our myspazz without buying full size versions). We're ok with people coming and taking pictures and using them wherever they want but trying to sell them to us is pushing it when we can get plenty of good pics off facebook etc. for free.

      The other and far more common place to find asshats is uni graduation ceremonies where the photographers charge extortionate amounts just to take one or two pictures.

      --
      "Welcome to our world. We are the wasted youth. And we are the future too." Yes, I know these are stupid lyrics.
    3. Re:Don't see the problem. by Saysys · · Score: 1

      Taking photos isn't bio-engineering and their is a lot of competition.

      I am sure that you can get an up-start who knows what he's doing and pay a reasonable amount and get a good photo.

    4. Re:Don't see the problem. by FireFury03 · · Score: 2, Informative

      we can get plenty of good pics off facebook etc. for free.

      You know that you don't have implicit permission to redistribute a photo just because it's on Facebook, right?

    5. Re:Don't see the problem. by m0n5t3r · · Score: 2, Interesting

      this is (slowly) changing, as more and more people can afford high quality cameras and lenses; while most of them will be just as crappy a photographer as before, some are bound to out-talent (and eventually outnumber) the so-called "pros"

      and some of those who are really good are bound to do it as a means of expressing themselves (giving the results away for fame - getting laid being the ultimate purpose :P) rather than as a means to make a$$loads of money (which only happens to a handful of high end photographers, anyway, the rest are left simmering in their own mediocrity and decrying the state of the industry being ruined by those pesky amateurs)

    6. Re:Don't see the problem. by Anonymous Coward · · Score: 2, Insightful

      And according to the girlfriend of my brother-in law, she is a (very good) professional photographer, a significant difference between an amateur and a pro is just the number of shots taken.

      Skill comes into it, but simply taking 10x more shots means the chances of a good one goes up. Now pit a handful of "pros" against an Internet full of "moneys with cameras", and the monkeys will eventually win, through sheer weight of numbers.

    7. Re:Don't see the problem. by Anonymous Coward · · Score: 3, Interesting

      Next time you just tell him that your performance is choreographed, as such his photographs are a derivative work and he may not redistribute them without your permission.

    8. Re:Don't see the problem. by julesh · · Score: 2, Informative

      Taking photos isn't bio-engineering and their is a lot of competition.

      Yes, there's a lot. But my experience was that most were members of the same professional associations, and wouldn't consider licensing under any terms other than the standard form t&cs supplied by those associations.

    9. Re:Don't see the problem. by funkatron · · Score: 1

      Well obvoiusly I have no problem with taking two seconds to type "Nice photo, can we use it?". Tho, there also seems to be a culture where no one would make much fuss if I didn't (how many people do you think ask permission before sticking keyboard cat on other people's videos? How many people have complained about this happening?).

      --
      "Welcome to our world. We are the wasted youth. And we are the future too." Yes, I know these are stupid lyrics.
    10. Re:Don't see the problem. by Anonymous Coward · · Score: 1, Interesting

      We're ok with people coming and taking pictures and using them wherever they want but trying to sell them

      I'm not sure about your situation, but the Netherlands has a law against this sort of thing; it's called portrait law ("portretrecht"). Basically, it means that a photograph (or video) that features any person in a recognizable manner may not be distributed at all without that person's consent. Of course the details are more intricate than that but ianal...

      Like you, I'm okay with things like gig photos being taken by the audience. But in a case like this, if a photographer would take a picture of me and then try to sell me that picture, I would have him destroy the data on the spot.

    11. Re:Don't see the problem. by Anonymous Coward · · Score: 2, Interesting

      We're not all douches. Personally, I like to retain copyright, but issue an unrestricted license to the client, that way I can use my own work in my portfolio, and reuse it for future endeavors, sometimes, though, larger clients make me an offer I can't refuse, and the inverse happens, they buy my copyright, and I get an unrestricted license (to use my own work in my portfolio, and reuse for future endeavors).

      We've all got to make a living, after all.

      Honestly, though, if you don't fancy dealing with photographers and their copyrights, consider hiring a company photographer - the author does not retain copyright in the event of a work for hire (the copyright is automatically assigned to the patron), freelancers, however, always retain their copyrights. Finding a photographer whose willing to do works for hire, rather than freelance, howevwer, is a different matter altogether.

    12. Re:Don't see the problem. by funkatron · · Score: 1

      TBH, The thing with him trying to sell the pictures to us was really the last straw after he'd been annoying us for a while. We just wished him luck (the gig hadn't got much press attention so there wouldn't be much of a market for his work that night) and warned the next band on the line up. I think they decided to get noisier when he got close to the sound system but we didn't ask them to do that.

      --
      "Welcome to our world. We are the wasted youth. And we are the future too." Yes, I know these are stupid lyrics.
    13. Re:Don't see the problem. by Lumpy · · Score: 2, Informative

      If you are a shitty photographer, a $60,000 DSLR with a $290,000 lens will still give you shitty photos.

      A good photograhper can take an amazing photo with a $199.99 Cheapie canon pocket point and shoot.

      it's not the gear, it's not magical. If you suck, lots of new high end gear just makes you suck more.

      --
      Do not look at laser with remaining good eye.
    14. Re:Don't see the problem. by Lumpy · · Score: 1

      Those kind of photographers are scumbags. Treat them as such.

      Problem is that they are coming out of the woodwork with how the economy is. I've spotted close to 30 of them trying to sell photos they take at $50.00 a print at the last event I was hired to cover.

      --
      Do not look at laser with remaining good eye.
    15. Re:Don't see the problem. by necro81 · · Score: 1

      The other and far more common place to find asshats is uni graduation ceremonies where the photographers charge extortionate amounts just to take one or two pictures.

      I recently competed in two triathlons, and had two very different experiences with the photographer hired for each event. The first was a small local outfit who had perhaps two or three people working with her (can't be everywhere at the same time, ya know). She posted the whole collection to smugmug, allowing you to see any or all of the images, even up to the original DSLR's resolution, but makes it relatively difficult to download the images. Smugmug allows the photographer to sell image downloads and prints from the site, and I think allows the photographer to name the terms. We contacted the photographer directly, and got about 40 original, full-size, non-watermarked images for $40, which seemed a reasonable price to us. She only asked that, if we used them in blog or something, that we provide attribution. I count this as a good experience

      The second triathlon had contracted with Sportography, which appears to be a sizeable company, possibly with franchises. It was a larger event, and they probably had half a dozen photographers that snapped up thousands of images. Looking over the online proofs, there were some that we really wanted...up until we saw what Sportography wanted to charge us. $20 for a single low-res download (probably a one-time download, too), $40 for one high-res download, or $60 for a CD with the half-dozen or so images that you appear in (assuming you have probably identified them all from the thousands). Needless to say, they received none of our business.

    16. Re:Don't see the problem. by LihTox · · Score: 1

      a significant difference between an amateur and a pro is just the number of shots taken.

      And this is surely the solution to the problem: professional photographers must have hundreds of pictures of their subjects, most of which will never be used because they are second-rate, though still better than the picture on Wikipedia. Why can't they release THOSE pictures under CC, instead of just throwing them in the trash?

    17. Re:Don't see the problem. by Anonymous Coward · · Score: 0

      Actually you just have to ask Facebook. They own the rights to any picture on the site.

    18. Re:Don't see the problem. by BenEnglishAtHome · · Score: 5, Informative

      Why can't they release THOSE pictures under CC, instead of just throwing them in the trash?

      Having once made my living as a photographer, I'm severely disinclined to wade fully into this discussion. I can see both sides and I get really irritated at the way both sides, both through innocent ignorance and wilfull intent, so frequently misunderstand each other.

      About this one point, though, I'd like to say something. Good photographers are manic about making sure that every single piece of work they produce is as close to perfect as possible. You, the general public, my potential future clients, may only see one picture I've taken in your whole life. In that case, it had better be perfect if I'm going to stand any chance of getting any of your future business. That one photo is my representative to the world. The same thing is true of every photo I release.

      Thus, releasing anything that's substandard is self-defeating. Losing control of subsequent re-use, too, is self-defeating if it allows someone to put my work into some crappy collage or print it incompetently. (That last one really drives traditional wedding photographers crazy.)

      So no top-echelon photographer of the sort who is normally contracted to shoot celebrity portraits is ever going to say "Well, this photo is junk that I can't sell - so I'll just let it be published where millions of people will see it and come to associate my name with crappy work." It just ain't gonna happen.

      There's an old saying among photographers about how to properly assemble a portfolio. Divide your work into 4 piles. Pile 1 is the stuff that's not good enough. Pile 2 is the stuff that's almost good enough and you might put it in your portfolio if you have a particular hole you need to fill. Pile 3 is good enough to include in your portfolio. Pile 4 is those few, rare photos among the "good enough" that are something transcendant, that make you draw a sharp breath and say a little "Wow!" to yourself every time you see them. Then:

      Throw away piles 1, 2 and 3.

      Start over, repeating the process with pile 4. Continue periodically for 10 years. If you're lucky, you may actually have a good portfolio at the end of that process.

      Now, nobody actually does this. The practical consideration of stopping and selling a few photos so you can eat gets in the way. But the mindset is there. Releasing suboptimal work, no matter what public good it may do on the pages of Wikipedia, just goes against the grain of any good photographer.

    19. Re:Don't see the problem. by Registered+Coward+v2 · · Score: 2, Insightful

      a significant difference between an amateur and a pro is just the number of shots taken.

      And this is surely the solution to the problem: professional photographers must have hundreds of pictures of their subjects, most of which will never be used because they are second-rate, though still better than the picture on Wikipedia. Why can't they release THOSE pictures under CC, instead of just throwing them in the trash?

      Because no pro wants their name associated with a poor photo, a neither does the celebrity photographed.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    20. Re:Don't see the problem. by Registered+Coward+v2 · · Score: 1

      It's not jut teh photographer who has rights to consider; it's also the model. They have rights in their images, and a CC license would require them to relinquish those rights as well. One concern may well be that the Wiki photo could then be used in ways the celebrity would not want their image used and leave them wih little recourse.

      So it's not just the photographer who has to agree to the CC license.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    21. Re:Don't see the problem. by CopaceticOpus · · Score: 1

      So, why not donate some photos from piles 2 and 3 to Wikipedia anonymously? Better that then throwing them away.

    22. Re:Don't see the problem. by muridae · · Score: 1

      But surely the photographers DO maintain the copyright, they just license the image freely. If they have a problem with 'freedom', they should just say that instead. "We photographers don't like freedom". There, I restated the problem, clearly.

      Yes, obviously the problem is that photographers don't like freedom.

      What the hell, people? Someone who wants to maintain rights to a picture hates freedom? Have we gotten so damn jaded that this gets modded as insightful? What happened to the photographers freedom to do what they want with a picture, to write the terms of their contract and set the price they want. You want a picture under the CC, get a photographer to take one! Don't blame the rest for using those copyright/copyleft freedoms as they choose. You don't have to like it, and they don't have to like the CC. But blaming it on 'hating freedom'? How about claims that you 'hate freedom' because you want to force CC on everyone else?

    23. Re:Don't see the problem. by vlm · · Score: 1

      Taking photos isn't bio-engineering and their is a lot of competition.

      Yes, there's a lot. But my experience was that most were members of the same professional associations, and wouldn't consider licensing under any terms other than the standard form t&cs supplied by those associations.

      Is this a new area to work in, for "those whom do the jobs americans wont do"? H1B a photographer from India? This post is funny, but I'm serious.

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    24. Re:Don't see the problem. by BenEnglishAtHome · · Score: 1

      Is it possible to make an anonymous donation of a photograph to Wikipedia? The assignment of a license under CC must be done by the copyright holder, so Wikipedia has to know who that person is.

      It's a nice sentiment you have there, but if I understand the nuts and bolts of how the process works, what you propose is impossible.

      In photographic terms, it's impossible, too. Photo shoots tend to be unique (in their overall look, the look of the subject, the styling of everything) so an outtake can easily be associated with whatever pictures were actually sold and published previously.

    25. Re:Don't see the problem. by Anonymous Coward · · Score: 0

      Sorry, but I have to point out -- BenEnglishAtHome addresses this in the post to which you just responded. Mainly, the perfectionist mindset of most photographers stops them from showing the public anything but their best, particularly in such a high-traffic location as Wikipedia.

      "So no top-echelon photographer of the sort who is normally contracted to shoot celebrity portraits is ever going to say 'Well, this photo is junk that I can't sell - so I'll just let it be published where millions of people will see it and come to associate my name with crappy work.' It just ain't gonna happen."

    26. Re:Don't see the problem. by Just+Some+Guy · · Score: 3, Interesting

      Good photographers are manic about making sure that every single piece of work they produce is as close to perfect as possible. You, the general public, my potential future clients, may only see one picture I've taken in your whole life. In that case, it had better be perfect if I'm going to stand any chance of getting any of your future business. That one photo is my representative to the world. The same thing is true of every photo I release.

      Here's a dirty secret: we already know that most of your pictures are discardable. We also know that da Vinci jotted out thousands of half-baked ideas, van Gogh painted lots of non-famous pictures, the Beatles had some crappy songs, and there is scary stuff in any software project's CVS/SVN/git repositories.

      Unless photography is somehow magically different than every other profession in the history of the world and no one told me, I'd say that your ideas of what would happen if people saw your sub-stellar works are not based in reality.

      --
      Dewey, what part of this looks like authorities should be involved?
    27. Re:Don't see the problem. by BiggerBoat · · Score: 2, Insightful

      Actually you just have to ask Facebook. They own the rights to any picture on the site.

      No, no they don't. They retain the right to use it however they wish, but they do not own the copyright. Asking them would do you no good.

      From Facebook:

      Do I retain the copyright and other legal rights to material I upload to Facebook?

      Yes, you retain the copyright to your content. When you upload your content, you grant us a license to use and display that content.

    28. Re:Don't see the problem. by BenEnglishAtHome · · Score: 1

      I agree. After all, what did I say?

      Now, nobody actually does this. The practical consideration of stopping and selling a few photos so you can eat gets in the way.

      That doesn't change the mindset. DaVinci didn't doodle on the ceilings of churches. He may have doodled lots of crappy ideas beforehand, but the actual release of his work to the public was the best he could muster.

      Yes, everybody knows that all photographers produce lots of crap. (Well, nearly all photographers. There are daguerrotypists and ultra-large-format guys and a few others who meticulously plan everything and then take only one perfect shot.) There's a big difference between me knowing you know and me shoving proof in your face that you can then turn around and use against me in the future. We both know I make plenty of crap along the way to a good result but don't ask me to advertise it; I just won't.

      I sincerely doubt DaVinci secured patrons by showing them discardable doodles. He showed them the good stuff or, at worst, the doodles that proved he had good ideas and could produce good stuff if he was given enough money. All artists, including photographers, do the same. For a variety of reasons, enough of our garbage is going to escape along the way; don't ask us to deliberately shovel out more for public perusal without getting anything useful in return.

    29. Re:Don't see the problem. by Sun.Jedi · · Score: 1

      1. buy camera
      2. take pictures for a fee I decide on
      3. tell photo assocs to eat shit
      4. ???
      5. profit

    30. Re:Don't see the problem. by jipn4 · · Score: 2

      In over 10 years in the web design industry, working closely with probably 20+ commercial photographers, I have yet to find one that doesn't insist on retaining control of the rights to reproduce the photos they take for you.

      Iwantapony.

      Seriously, it's high time that changes. Many of the actually creative professions (you know, scientists, engineers, software developers) don't have that luxury, so why should photographers?

    31. Re:Don't see the problem. by jipn4 · · Score: 3, Interesting

      Thus, releasing anything that's substandard is self-defeating.

      You could license it "free to redistribute as long as you don't attribute it to me". Or even "free to redistribute as long as you attribute it to that other guy" :-)

    32. Re:Don't see the problem. by Anonymous Coward · · Score: 0

      So no top-echelon photographer of the sort who is normally contracted to shoot celebrity portraits is ever going to say "Well, this photo is junk that I can't sell - so I'll just let it be published where millions of people will see it and come to associate my name with crappy work." It just ain't gonna happen.

      So release the "junk" picture anonymously into the public domain instead of throwing it away... then your name isn't tarnished.

    33. Re:Don't see the problem. by Anonymous Coward · · Score: 0

      If some celeb has a problem with their picture, they can just pay for one to be CCd.

      With celebs, a fashion/portrait photographer creating the type of images an agent would want to see on wikipedia profile, tends to be just as locked out as anybody else, being most often a Work For Hire where the photographer doesn't come out with any rights, except if they're extremely lucky, limited use for their portfolio. Publishing the photo could end a career and lead to an impossible-to-win lawsuit, much like an engineer could face for releasing code they weren't authorized to publish.

    34. Re:Don't see the problem. by Anonymous Coward · · Score: 0

      [...] come to associate my name with crappy work." It just ain't gonna happen.

      Then just release it under a pen name.

    35. Re:Don't see the problem. by BenEnglishAtHome · · Score: 1

      ...free to redistribute as long as you attribute it to that other guy...

      You have a truly evil mind. I like it. :-)

    36. Re:Don't see the problem. by mooseburger · · Score: 1

      Someone else pointed out above that they would be willing to take a photo for Wikipedia, but they would just charge more for it, as they cannot restrict use of the photo. As in, Cameron Diaz is not pleased with her Wikipedia pic and so she hires a photographer to do a shoot and release the best photo under a Creative Commons share-alike license, so that it can be used by Wikipedia. The photographer is compensated accordingly. Is there a problem here I am not seeing?

    37. Re:Don't see the problem. by Anonymous Coward · · Score: 0

      Um, but the "associate my name with crappy work" bit can easily be circumvented by releasing one of 'those' pictures anonymously. Problem solved.

    38. Re:Don't see the problem. by bws111 · · Score: 1

      Scientists, engineers, and software developers WHO WORK FOR A COMPANY don't have that luxury. Instead, they have the luxury of getting paid (at least for a time) whether or not they produce anything of value. For that exchange, the company gets the 'luxury' of retaining the rights. In almost no cases do the end customers get the rights to whatever they purchase.

      Scientists, engineers, and software developers who 'freelance' do indeed get to keep the rights to their works.

      Photographers who work for a company (eg Sears, Owen Mills, etc) do not keep the copyrights to their works - the company does.

      Photographers who freelance get to keep their rights

      There is no double-standard here. Quit trying to create one.

      In every field, it is the people who are funding the entire creative process (salaries, equipment, etc), even when they are unsure whether the final result will be salable, who get to keep the rights. People who only wish to pay after they see the final product do not get the rights. If you want to get the rights to a photographers work, contract with him for a specified period of time and provide him with the equipment, staff, etc he needs, and negotiate a price (paid up-front). You may get lucky and there is a fantastic shot you now own. You may be unlucky and there is not one good shot in the bunch.

    39. Re:Don't see the problem. by BenEnglishAtHome · · Score: 1

      Yes, you're missing something.

      You could find a photographer who would be willing to do work-for-hire, selling all rights to Diaz' people.

      Wikipedia would be happy to accept it under their licensing terms.

      Diaz' people, however, wouldn't go along with this. If they give the hi quality picture to WP, it goes out into the world where anyone can do anything with it. Some enterprising geek would adapt the pose so that it looks like she's getting humped from behind. Said geek would start a business where you send in your photo of yourself in a specified pose, that photo is combined with the Diaz photo, and the enterprising geek sends you back a poster that realistically shows you porking Diaz.

      Diaz and her people would not be happy. But if they put a high quality picture on WP, under WP's terms, then something like this *will* happen.

    40. Re:Don't see the problem. by AK+Marc · · Score: 1

      If you are a shitty photographer, a $60,000 DSLR with a $290,000 lens will still give you shitty photos. A good photograhper can take an amazing photo with a $199.99 Cheapie canon pocket point and shoot.

      Yeah, and a $1000 camera in the hand of a mediocre photographer and a $200 camera in the hands of a similarly skilled person, and you'll usually be able to tell them apart.

      it's not the gear, it's not magical. If you suck, lots of new high end gear just makes you suck more.

      I've found that the prosumer equipment is noticeably better. I've found that the results are noticeably better. The biggest issue is users like my mom are unwilling to lug it around and unwilling to swap lenses if the situation calls for it. Since you'll only get the pictures you'll take, someone like my mom would get much more value out of a $200 camera than $1000+. But the pictures she takes with the $1000 one, when she takes them, would still be better.

    41. Re:Don't see the problem. by AK+Marc · · Score: 1

      Not an issue for celebrities. They have fewer privacy rights (because it is assumed that they voluntarily gave them up in a trade for publicity when they purposefully and deliberately thrust themselves into the public spotlight).

    42. Re:Don't see the problem. by Anonymous Coward · · Score: 0

      There's an old saying among photographers about how to properly assemble a portfolio. Divide your work into 4 piles. Pile 1 is the stuff that's not good enough. Pile 2 is the stuff that's almost good enough and you might put it in your portfolio if you have a particular hole you need to fill. Pile 3 is good enough to include in your portfolio. Pile 4 is those few, rare photos among the "good enough" that are something transcendant, that make you draw a sharp breath and say a little "Wow!" to yourself every time you see them. Then:

      Throw away piles 1, 2 and 3.

      Start over, repeating the process with pile 4. Continue periodically for 10 years. If you're lucky, you may actually have a good portfolio at the end of that process.

      Now, nobody actually does this. The practical consideration of stopping and selling a few photos so you can eat gets in the way. But the mindset is there. Releasing suboptimal work, no matter what public good it may do on the pages of Wikipedia, just goes against the grain of any good photographer.

      Catchy saying..

    43. Re:Don't see the problem. by Anonymous Coward · · Score: 0

      Are you certain that this venture you're describing would be legal? Or are you just making stuff up?

      Just because you can remix an image doesn't make every potential use legal. As an extreme example, say some geek took the picture, blacked out the eyes, and mailed it to Diaz with the caption "TONIGHT YOU DIE!" When caught, he says, "Hey, it's free to remix!"

      That defense would keep him out of jail for the ten seconds it would take to describe it to the judge, but no longer.

      If such services were already around, using the lower-quality images that are available now, I might believe you. As it is, I've never heard of such a thing, and I seriously doubt that the business model is legal.

    44. Re:Don't see the problem. by mooseburger · · Score: 1

      Someone using the pics for unpleasant deeds sounds like a very unlikely case. I mean, I am sure there are lots of pictures of famous people on the public domain, yet I can't remember any case where they were used like that to make a legal business. The point is, the danger of someone using pictures of the famous for unpleasant, legal, deeds, already exists, and I don't see how it could be exacerbated by having higher quality pictures freely available on Wikipedia.

    45. Re:Don't see the problem. by nog_lorp · · Score: 1

      That is really not true. Fancy gear won't take good pictures if you can't manage to set everything to auto yourself, and a good photographer MIGHT be able to squeeze off a good shot with a shitty camera, true. But having better gear generally makes a huge difference in the quality of the picture.

    46. Re:Don't see the problem. by nog_lorp · · Score: 1

      No, just make an account under some alias, upload the photo, mark it "Own work by uploader", put it under CC or public domain or whatever, and you are good.

    47. Re:Don't see the problem. by lennier · · Score: 1

      "Thus, releasing anything that's substandard is self-defeating. Losing control of subsequent re-use, too, is self-defeating if it allows someone to put my work into some crappy collage or print it incompetently. (That last one really drives traditional wedding photographers crazy.) "

      Why? You're afraid of 'losing control' of SOMEONE ELSE'S memories of their special moment? Control freak much?

      Disclaimer: I am not a professional photographer and I guess it shows, and maybe there's an explanation for this, but this attitude just absolutely shocks me to the core. You're the guy hired to take photos of someone else, they pay you for it, and then YOU want to control what THEY do with that image of THEM forever after????

      I can't grasp the frame of mind that thinks this is acceptable. Sorry. If this is standard for the photography industry, it just seems like something that needs to change, like right now. You do the job, you get it done, you go away, bye. What happens afterwards with those pictures isn't and shouldn't be any of your concern, surely.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    48. Re:Don't see the problem. by Anonymous Coward · · Score: 0

      Shouldn't Beethoven be bothered when his symphonies accompany mayonnaise ads?

    49. Re:Don't see the problem. by Registered+Coward+v2 · · Score: 1

      Not an issue for celebrities. They have fewer privacy rights (because it is assumed that they voluntarily gave them up in a trade for publicity when they purposefully and deliberately thrust themselves into the public spotlight).

      It's not a privacy right but the right to control how their images are used, primarily commercially,

      --
      I'm a consultant - I convert gibberish into cash-flow.
    50. Re:Don't see the problem. by Anonymous Coward · · Score: 0

      You can circumvent this whole problem by marrying me. I hate being photographed. I don't have a wedding photo of my last wedding and I don't insist on one for the next. (Ach wie gut, dass niemand weiss, dass ich Rumpelstilzchen heiss)

    51. Re:Don't see the problem. by BenEnglishAtHome · · Score: 1

      Of course I'm making stuff up. No one would actually do such a thing. At least, I don't think so. But the point is still valid.

      The people that Diaz has hired to watch out for her image have to imagine all sorts of unsavory uses for her image. That's part of their job. They are going to envision something undesirable happening if they lose control of the HQ image on WP. Thus, the goal of having an HQ image on WP is something most such groups would find at odds with their desire for image control.

      I think it's unlikely that any big star would ever pay for a perfect, current head shot and then release it in the way WP requires. I hope some of them are forward-thinking enough to prove me wrong.

    52. Re:Don't see the problem. by Anonymous Coward · · Score: 0

      So you fully admit that you intended to use his free preview thumbnails without his permission on your band's myspazz. At what point would he be paid for his work? I mean, if his work wasn't good, then of course there's no reason to pay him. But if he has a picture good enough to represent your band on a popular social networking site, surely he deserves compensation? In this day and age, it's totally common that people will be happy "enough" with .jpg "thumbnail" copies of a photo, without ever ordering higher-resolution prints. He has to make money somewhere; I'd wager the reason he only shows you previews on the back of his camera is because he's had someone rip off his photos before.

      After all, you freely admit that you'd use his work without paying him. It seems there's more than one asshat in this situation.

    53. Re:Don't see the problem. by LihTox · · Score: 1

      If they give the hi quality picture to WP, it goes out into the world where anyone can do anything with it.

      I'm not sure what "high quality" has to do with it, but I'm thinking the photo doesn't have to be high quality. Even a snapshot by the person's agent or spouse would be better than many of the pictures on Wikipedia, which are often taken from awkward angles. Maybe it would be easier if we could leave professional photographers out of it altogether, at that. Nor does the photo have to be high resolution (if that's what you mean by quality). Hey, they could even put a watermark on it if they wanted to keep it from being misused.

    54. Re:Don't see the problem. by tkw954 · · Score: 1

      They want free advertising for their photography, but they're afraid that their photos (or modified works) will be attributed to them. They can't have it both ways.

  6. They want to eat their cake and keep it by Arancaytar · · Score: 5, Insightful

    "I want the free publicity I get from having my images freely distributable, but I want to retain the sole right to distribute it."

    Not how it works.

    1. Re:They want to eat their cake and keep it by Anonymous Coward · · Score: 0

      That's naive. It is exactly how it works, you just have to hide it better. People only really care about free (as in beer) and that can be exploited and usually is. When's the last time you paid for Google's services, for example?

    2. Re:They want to eat their cake and keep it by MrMr · · Score: 2, Informative

      When you buy a product you pay a small percentage of the price for the producers advertising budget.
      That budget is spent partly on google-ads
      That is how you pay your Google tax.

    3. Re:They want to eat their cake and keep it by PopeRatzo · · Score: 1

      When's the last time you paid for Google's services, for example?

      Whenever I click a link to buy something.

      --
      You are welcome on my lawn.
    4. Re:They want to eat their cake and keep it by martas · · Score: 1

      me, i just want a pony.

    5. Re:They want to eat their cake and keep it by Anonymous Coward · · Score: 0

      Sombody mod parent offtopic

  7. that's one way of looking at it... by cas2000 · · Score: 3, Insightful

    'To me the problem is the Wikipedia rule of public use,' says Jerry Avenaim, a celebrity photographer. 'If they truly wanted to elevate the image on the site, they should allow photographers to maintain the copyright.'"

    To me, the problem is the professional photographers' restrictions on public re-use of their work. If they truly wanted to elevate the image on the site then they'd release the image under an appropriate open license.

    ps: i have no idea what "elevate the image on the site" means either. but if someone as smart enough to be a celebrity photographer says it, it must mean something really clever and important.

    1. Re:that's one way of looking at it... by MichaelSmith · · Score: 4, Insightful

      You would think that for a celebrity it would be worth paying a photographer to take a good shot and release it under a license which wikipedia will accept.

    2. Re:that's one way of looking at it... by binford2k · · Score: 1

      Read it as "elevate the role of images." He's using the word as a collective noun.

    3. Re:that's one way of looking at it... by eugene2k · · Score: 1

      And for the photographer, since they are credited.

      --
      Apple has "Mac vs PC", Microsoft has "Laptop Hunters", Linux has recession
    4. Re:that's one way of looking at it... by jimicus · · Score: 2, Interesting

      A lot of photographers are very awkward with that kind of thing because they make a significant amount of money from people coming to them later for reprints.

      I think some of it is cultural - when I got married there were plenty of photographers in Ireland prepared to release the rights to the photos to me for reprinting, but in the UK that's very rare.

    5. Re:that's one way of looking at it... by wvmarle · · Score: 1

      Even then it would make sense to put it on wikipedia or so. Put up the photo on the page, with larges size say 640x480 - just enough to make a reasonable looking postcard sized print. Licensing an image to wikipedia doesn't mean they can not keep the high-res version for themselves and sell prints of it. Having it on wp even may make the photo more famous, allowing them to sell more prints.

      But then I'm not a professional photographer.

    6. Re:that's one way of looking at it... by infalliable · · Score: 1

      Wikipedia is the default place to look for information on the web. It's the most respected free encyclopedia around, by leaps and bounds. It may not always be 100% accurate, but it's generally darn good. Especially for a first shot.

      The issue is Wikipedia basically has to follow that model. It is not a commercial business, and only generates revenue from donations. How can they afford to track and maintain copyright for a large portion of the material on the site? It is easier to only accept completely open information/photos. It's all the same then, and they (and the users) can do what they want with any information on it. That's the best model for an encyclopedia to use IMO.

      Additionally, it divorces them from being controlled by the owner of the copyright. If a photographer (or anyone else) had to actually license material to them, it's a massive headache, and Wikipedia is beholden to the copyright owner in the end. They then would have an external, biased influence on the content on the site. Clearly not a direction they want to go, and something the NYT article really seems to miss. They even talk about how someone got sued for putting information on the site, and can't see that is a huge issue that forces them to use Creative Commons licensed material.

      The other way is the potential for lawsuits (even if they do have Safe Harbor status, and its equivalent in other countries, it doesn't stop them from being sued in the first place. It just means they're likely to win after all the legal bills are paid.), the need to respond to more DMCA takedowns, etc.

  8. Photographer maintains copyright by incense · · Score: 5, Insightful

    If I'm not entirely mistaken, the photographer maintains the copyright, but the publishing on wikipedia under the creative commons allows everybody to use the photography as long as the photographer is credited.

    If photographers want to help, but are worried they'll lose control, why not upload lower than mint quality images?

    --
    testing 1 2 3
    1. Re:Photographer maintains copyright by jsa95 · · Score: 1

      If I'm not entirely mistaken, the photographer maintains the copyright, but the publishing on wikipedia under the creative commons allows everybody to use the photography as long as the photographer is credited.

      I don't think it counts as "copyright" to them if you cannot make $$$ out of it (preferably by suing some 6 year old or sth).

    2. Re:Photographer maintains copyright by Anonymous Coward · · Score: 0

      According to my reading of the Creative Commons, when you release an image in the Creative Commons, you can't specify that only that particular copy at that particular resolution is CC. It is all or nothing. I can understand professional photographers being wary. This would not be an issue if Wikipedia accepted copyright waivers for the use of Wikipedia, but they don't.

    3. Re:Photographer maintains copyright by Xemu · · Score: 3, Funny

      If photographers want to help, but are worried they'll lose control, why not upload lower than mint quality images?

      Then there would be a slashdot article "why the photos on wikipedia are so bad".

      --
      Tell your friends about xenu.net
    4. Re:Photographer maintains copyright by the_womble · · Score: 1

      1) Surely if I say "I am licensing this image under a CC license" it does not mean "I am also licensing the image I made it from as well"?
      2) the high quality image would not be on WIkipedia, the photographer would have it and only give copies to paying customers.

    5. Re:Photographer maintains copyright by mdwh2 · · Score: 1

      you can't specify that only that particular copy at that particular resolution is CC. It is all or nothing.

      Of course you can. If I release one image under CC, that doesn't affect other images. Even if one was a derivative work of the other.

    6. Re:Photographer maintains copyright by hansamurai · · Score: 1

      If photographers want to help, but are worried they'll lose control, why not upload lower than mint quality images?Yeah, they could shop out those realistic blemishes and birthmarks.

  9. When copyright meets copyleft by moon3 · · Score: 1, Insightful

    You can't mix those and Wikipedia admins knows that. It's like matter and anti-matter. Allowing copyrighted content would spawn all sorts of problems. You would no longer be able to fully cite, print or publish Wiki content easily. If the page would contain copyrighted image, you would have to ask for pardon the copyright holder etc. Headache after headache..

    1. Re:When copyright meets copyleft by pjt33 · · Score: 3, Insightful

      Who modded this insightful? It's not about copyright vs public domain but about permissively licensed vs restrictively licensed content.

    2. Re:When copyright meets copyleft by funkatron · · Score: 2, Interesting

      The trouble is that the post use copyright to mean restrictively licensed as there is no simple catchy term for it. Perhaps we should start calling restrictive licenses "copywrong".

      --
      "Welcome to our world. We are the wasted youth. And we are the future too." Yes, I know these are stupid lyrics.
    3. Re:When copyright meets copyleft by CarpetShark · · Score: 2, Insightful

      What are YOU talking about? GP didn't even mention public domain. You, however, did, out of context. Permissive licenses such as Creative Commons and GPL are NOT Public Domain.

    4. Re:When copyright meets copyleft by pjt33 · · Score: 1

      Permissive licenses such as Creative Commons and GPL are NOT Public Domain.

      That's precisely my point. I was responding to a post which said that Wikipedia shouldn't allow copyrighted images: this is equivalent to saying that it should only allow images which are in the public domain. But in reality there's no problem with Wikipedia allowing images which are still in copyright as long as they're suitably licensed.

    5. Re:When copyright meets copyleft by codegen · · Score: 1

      Actually, the GGP(by moon3) did mention Public Domain, but by inference. Quote:

      Allowing copyrighted content would spawn all sorts of problems. You would no longer be able to fully cite, print or publish Wiki content easily.

      What is not a copyrighted work? If it is not copyrighted, then it is public domain. There is no third option. As you correctly noted, Creative Commons is where you retain the copyright and grant a license for redistribution. Even the GPL requires copyright to work.

      "If the page would contain copyrighted image, you would have to ask for pardon[sic] the copyright holder etc. Headache after headache.."

      The GP(by pjt33) is right (and you(CarpetShark) are wrong), the GGP(by moon3) has completely confused the issue. The GGP post doesn't know the difference between ARR, CC and PD.

      The comments are not out of context. I think you should actually read the comments before you react (PBKAC).

      --
      Atlas stands on the earth and carries the celestial sphere on his shoulders.
    6. Re:When copyright meets copyleft by CarpetShark · · Score: 1

      Ahh, apologies. I missed that inference in the original. That's what I get for skimming over posts about copyright that compare them to matter vs. anti-matter, I guess :D

  10. Really by noundi · · Score: 4, Insightful

    And to think I was looking for a 4000x3000 raw bitmap photo of Halle Berry on Wikipedia. Good thing I now know better.

    Seriously though, what's wrong with the diversity that the net has to offer? I use wikipedia.org to get some shallow information about anything that crosses my mind, and I use images.google.com to browse for images. So wikipedia is not the source for everything, big deal, I have the rest of the internet at my disposal at any time. So thank you wikipedia, thank you google, and fuck you NY Times.

    --
    I am the lawn!
    1. Re:Really by Rashdot · · Score: 2, Funny

      And to think I was looking for a 4000x3000 raw bitmap photo of Halle Berry
      She would easily fit on a 4000x1500 bitmap, you insensitive clod!

      --
      This is not the sig you're looking for.
    2. Re:Really by geniice · · Score: 1

      Well wikimedia mostly sticks to JPG for photos but 3000*4000 is not that uncommon for objects rather than people:

      http://commons.wikimedia.org/wiki/File:Shorland_armoured_car_mk1.jpg

    3. Re:Really by Anonymous Coward · · Score: 0

      I totally agree with you. Wikipedia is a site that is based on the information presented, not by how it looks or what kind of picture is presented. wikipedia is definitely not the source for all things, its sometimes not even accurate at times.

  11. Venue for Professional Photographers by gonz · · Score: 5, Insightful

    Wikipedia provides full citations for the author/source of all uploaded photos. If a professional photographer wanted to increase his exposure (no pun intended), he could contribute to wikipedia under a free license. The upsides really dwarf the downsides.

    -Gonz

    1. Re:Venue for Professional Photographers by Dayze!Confused · · Score: 1

      The thing that really gets me is that all they really have to upload is ONE picture of the celebrity. It's not like they are taking their entire life's portfolio and giving it to Wikipedia saying, "Here take everything I have, and everything I am going to make so that I am now financially ruined forever and can no longer take another photo. Have my camera too since now it is useless to me anymore."
      I mean, take one specifically for Wikipedia, lower the quality of it if you want, and then move on taking more pictures; your fingers ain't broken yet.

      --
      "All tyranny needs to gain a foothold is for people of good conscience to remain silent." [Thomas Jefferson]
  12. Mr. Avenaim doesn't get it... by anomnomnomymous · · Score: 3, Insightful

    'To me the problem is the Wikipedia rule of public use,' says Jerry Avenaim, a celebrity photographer. 'If they truly wanted to elevate the image on the site, they should allow photographers to maintain the copyright.'

    Then you better be sure to stay off Wikipedia, Mr. Avenaim.
    He just fails to understand the concept of Wikipedia, whereas everyone should be able to copy-paste a whole article, -with- the photos included, if deemed necesary.
    I couldn't care less if a picture of a celebrity is not up-to-date, glamorous, or whatever: As long as the provided information is correct. And -if- the celebrity (or their management) cares... Well, supply a freaking photo with a Creative Commons license: Is this so hard?

    Mr. Avenaim would just love it to keep the copyright over his work, so probably in the future he could ask for some money for using his work.

    --
    When you shoot a mime, do you use a silencer?
    1. Re:Mr. Avenaim doesn't get it... by julesh · · Score: 2, Informative

      Mr Avenaim also just doesn't understand how copyright works. Of course he retains copyright; he merely grants a license to the version of the picture he uploads.

      There is nothing stopping him from uploading a reduced resolution image; he can then continue use the full resolution version in whatever way he wants, including licensing it to people who want something suitable for print purposes for insane sums of money, if he chooses.

    2. Re:Mr. Avenaim doesn't get it... by complete+loony · · Score: 2, Informative

      Then you better be sure to stay off Wikipedia, Mr. Avenaim.

      Too Late. It even looks like he has uploaded his own portrait to Wikimedia Commons under a CC license.

      --
      09F91102 no, 455FE104 nope, F190A1E8 uh-uh, 7A5F8A09 that's not it, C87294CE no. Ah! 452F6E403CDF10714E41DFAA257D313F.
    3. Re:Mr. Avenaim doesn't get it... by nyctopterus · · Score: 1

      That's what I do with my palaeontological illustrations. Low res to the Wikipedia, charge for high res commercial use.

    4. Re:Mr. Avenaim doesn't get it... by Ilgaz · · Score: 1

      I would hire Mr. Avenaim to have a decent photo of my client if I was PR guy of some artist and release it on Wiki, one of World's top 10 sites and becoming de-facto entertainment information site.

      Of course, contract would require him to shut up about his ideas about Wiki ;)

    5. Re:Mr. Avenaim doesn't get it... by morven2 · · Score: 1

      Every contribution to Wikipedia is copyright by its contributor. Wikipedia owns the copyright to almost nothing on its site - only those portions created by employees of the Wikimedia Foundation.

      What they do demand is it must be released under a license that allows fairly liberal re-use. No 'non-commercial'. No 'internet only'. No 'wikipedia only'. You can demand that your work be attributed and you can demand that derived works be licensed under the same terms as the original. Few other restrictions are acceptable.

  13. The NYT doesn't understand the web by Shin-LaC · · Score: 5, Insightful

    See, NYT, it's not called a web because we like to imagine spiders crawling all over our internets. It's called that because pages are supposed to be joined into an interconnected mesh through hyperlinks. So, when your article on the bad photos on Wikipedia doesn't include a single link to the bad photos themselves, or to any page on wikipedia at all (I've checked, "wikipedia.org" doesn't occur even once in the page source), the impression you're giving is not "we're a respectable news organization", it's "we fail at the internet forever, kick us."

    1. Re:The NYT doesn't understand the web by julesh · · Score: 1

      [The NYT's] article on the bad photos on Wikipedia doesn't include a single link to the bad photos themselves [...]

      NYT, like most newspapers, writes the articles for print, then reproduces them on the web site. Their process simply does not support links in the article body (although you may find a 'related sites' sidebar). This is pretty standard, and you'll see the same on almost all newspaper websites, plus a large proportion of news sites that are written specifically for the web (e.g. news.bbc.co.uk).

    2. Re:The NYT doesn't understand the web by Shin-LaC · · Score: 4, Insightful

      This web thing is pretty new, after all. We need to give them time to adapt their process. Right now they're probably still waiting to see where it goes.

      ALTERNATE BONUS ENDING:

      Actually, apart from all the internal search links which are probably auto-generated, there is one external link in that article that was clearly inserted by hand: the phrase "in his Web site" links to Jerry Avenaim's website.
      In other words, they didn't bother with the links actually relevant to the story's content, but they took time to link to the personal website of some photographer guy they interviewed. That's just adding insult to injury.

    3. Re:The NYT doesn't understand the web by Hognoxious · · Score: 1

      Even slashcode is able to recognise a URL and auto link it. Some of the time, anyway.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    4. Re:The NYT doesn't understand the web by sjames · · Score: 2, Interesting

      I did think it was interesting that they bothered to make a thumbnail showing the Halle Berry photo on the Wikipedia page but even that wasn't a link. The irony is that if Wikipedia DID accept restricted rights photos, they would have had to get legal to sign off on their thumbnail image just to be sure. They probably would have skipped it.

    5. Re:The NYT doesn't understand the web by Anonymous Coward · · Score: 0

      >>This web thing is pretty new, after all. We need to give them time to adapt their process. Right now they're probably still waiting to see where it goes.

      How long do you think they are going to wait? Here is a video of them waiting since 1981

      1981 primitive Internet report on KRON http://www.youtube.com/watch?v=5WCTn4FljUQ

    6. Re:The NYT doesn't understand the web by Monkey-Man2000 · · Score: 1

      [The NYT's] article on the bad photos on Wikipedia doesn't include a single link to the bad photos themselves [...]

      NYT, like most newspapers, writes the articles for print, then reproduces them on the web site. Their process simply does not support links in the article body (although you may find a 'related sites' sidebar). This is pretty standard, and you'll see the same on almost all newspaper websites, plus a large proportion of news sites that are written specifically for the web (e.g. news.bbc.co.uk).

      This may be true for normal nytimes.com articles, but their OpEd pieces certainly have links embedded in the text (i.e., Frank Rich). These articles also appear in newsprint.

      --
      This post was generated by a Cadre of Uber Monkeys for Monkey-Man2000 (603495).
  14. I see where they're both coming from. by Shag · · Score: 4, Informative

    I love free use and all that. I'm also a photographer - not one who makes a living off it, but a moderately serious amateur who makes a little money now and then.

    In my real job, I work somewhere where a permit is required for "commercial" photography or filming. I can take all the pictures I want for personal use, of course, and I can put pictures on my personal web page (or for that matter my work one), but unless I pony up the bucks for a permit (hundreds of dollars) I can't profit in any way, nor (and here's the clincher) can I give the photos for free to someone else who profits in any way from them.

    There is a Creative Commons license (actually, lots of them) for things like this - the -nc- (non-commercial) ones. Unfortunately, last time I looked at Wikipedia, they insisted on a license allowing all uses, including commercial uses.

    So as an amateur who doesn't want or need to make money off pictures of where I work, to upload a picture of my workplace (unsurprisingly, I have plenty, many of them quite good) I would have to shell out hundreds of dollars for a permit, then allow anyone and everyone do do whatever they want with my picture, including making money off it. So not only am I basically releasing it to the public domain, I'm paying out of pocket for the right to let other people make money off it.

    If Wikipedia has changed their terms and are allowing cc-*-nc-* licensing, then I'll be very happy to stand corrected. If they still require licensing of all uses including commercial ones then I'm sorry, but I simply can't play that game.

    --
    Village idiot in some extremely smart villages.
    1. Re:I see where they're both coming from. by Blublu · · Score: 3, Insightful

      Sounds like a problem with your workplace rather than with Wikipedia.

      --
      meh
    2. Re:I see where they're both coming from. by Norsefire · · Score: 1

      If Wikipedia has changed their terms and are allowing cc-*-nc-* licensing, then I'll be very happy to stand corrected. If they still require licensing of all uses including commercial ones then I'm sorry, but I simply can't play that game.

      Free, open content doesn't have restrictions on its uses. If it does, it isn't free and open.

    3. Re:I see where they're both coming from. by bickerdyke · · Score: 1

      But if it was in your workplaces interest to get those photos out on wikipedia, they's be stupid not to give out the permit for free to anyone who is kind hearted enough to take (almost) professional-grade pictures of it for free. At least for a handfull of selected pictures.

      --
      bickerdyke
    4. Re:I see where they're both coming from. by 91degrees · · Score: 1

      Surely the workplace has no obligation to change purely for the betterment of Wikipedia. Wikipedia will benefit here so that is the organisation that must change.

    5. Re:I see where they're both coming from. by julesh · · Score: 4, Insightful

      If Wikipedia has changed their terms and are allowing cc-*-nc-* licensing, then I'll be very happy to stand corrected. If they still require licensing of all uses including commercial ones then I'm sorry, but I simply can't play that game.

      They can't. One of the stated goals of the project is to allow commercial reproductions (e.g. distributions on CDROM or printed copies). To permit restriction of photographs to non-commercial uses would cripple this, effectively preventing them from reaching a key aim point. They'd rather not have the photo (which encourages somebody else -- perhaps somebody who already has that commercial use permit -- to take the photo for them) than have one that can't be used properly.

    6. Re:I see where they're both coming from. by Anonymous Coward · · Score: 0

      Yeah, indeed, Wikipedia will benefit.

      Hey, you know what? I'm gonna give you a dollar if you jump off that cliff. You'll benefit from getting a dollar, therefore you must do this now.

      Think about it.

    7. Re:I see where they're both coming from. by Anonymous Coward · · Score: 1, Interesting

      Do you know Fotopedia? It's a photo encyclopedia you can take part in with photos licensed as you wish. It's been working our pretty well for me!

    8. Re:I see where they're both coming from. by PhilHibbs · · Score: 1

      Surely the workplace has no obligation to change purely for the betterment of Wikipedia.

      Of course not, if any company or individual doesn't want to give their stuff away, then they don't have to.

      Wikipedia will benefit here so that is the organisation that must change.

      Allowing -nc- would be a huge step. Currently, anyone can copy any article for any purpose as long as they link back to the Wikipedia original. If some images (or other media such as video or audio) were tagged -nc- then anyone wanting to use Wikipedia content then has to go through checking the licences.

    9. Re:I see where they're both coming from. by 91degrees · · Score: 1

      Think about it.

      I'm thinking you might have misunderstood my position somewhat. If Wikipedia wants better material then they need to change their policy. If this is not in their interests then they have no options. Whichever they choose, the company has no obligation to make any changes.

      The equivalent when applied to your analogy is that it's up to me to determine whether I want that dollar more than I care about not killing myself. While I may be able to persuade you to change your offer, you are under no obligation here. I am the only one under any obligation if I want your dollar that much. It's unlikely that I would.

    10. Re:I see where they're both coming from. by noundi · · Score: 1

      Free, open content doesn't have restrictions on its uses. If it does, it isn't free and open.

      By that definition you'll find that very little in this world is free and open. However there are many alternatives that simply try to adapt to reality and limit as little as possible while remaining as free and open as can be. Usually the idea of releasing something as free and open is to get exposure and to contribute. It is only fair that the person contributing requests that any content added should be passed on as such. Total freedom isn't an alternative because that would require a certain sense of responsibility that many people lack, to any extent stretching from "intellectual property" to physical property.

      --
      I am the lawn!
    11. Re:I see where they're both coming from. by sjames · · Score: 1

      It's a good thing then that they don't FORCE you to upload those pictures!

      Perhaps your workplace might want to make an exception in order to get nice pictures up on a high visibility site. Perhaps they don't care. Since you didn't say what your workplace is, I can't even speculate further.

    12. Re:I see where they're both coming from. by mdwh2 · · Score: 1

      Of course not, if any company or individual doesn't want to give their stuff away, then they don't have to.

      And equally there's no point anyone whining that there aren't any photos of that company on Wikipedia.

      (To the OP: I don't see the problem. Anyone is free to photograph the building from outside in public. If you mean inside, I'm not sure anything is lost by not having such images on Wikipedia.)

    13. Re:I see where they're both coming from. by PhilHibbs · · Score: 2, Interesting

      Ah, I see, I didn't pick up the gist of the OP. As an employee I guess they have a hold over him, but if a member of the public legally gained access and took a photo for personal use, I wonder how the building's owners could enforce that if he were to, for instance, release the picture into the public domain later on. Can a third party insist that I retain my copyright and use it to prevent anyone from profiting? Or, do they claim to own the copyright as it was produced on their premises (under a notional contract if such a thing exists), but are kindly allowing the photographer a personal use licence?

    14. Re:I see where they're both coming from. by JohnFluxx · · Score: 1

      > If Wikipedia wants better material then they need to change their policy.

      And if you want a dollar, you should jump off of a cliff.

      His point was, at what cost? Sure you gain a dollar, but in the longer run you end up in a worse position.

      You assumed that Wikipedia would overall be in a better position if they had better photos, but at the cost of preventing copies of wikipedia, preventing hand-held wikipedia readers, preventing printed version, etc. Paraphrasing from you, does wikipedia want your photos that much? It's unlikely that they would.

    15. Re:I see where they're both coming from. by Shag · · Score: 1

      It's a bit more complicated than that; I've posted additional details in a reply elsewhere in the thread. Thanks for your thoughtful responses, though.

      --
      Village idiot in some extremely smart villages.
    16. Re:I see where they're both coming from. by 91degrees · · Score: 1

      Yes, but isn't that kind of obvious?

      Of course if it isn't worth it you shouldn't do it.

  15. barvennon by barv · · Score: 3, Interesting

    Creative commons attribution is the only copyright and patent law we need. I look forward to the day when music is free to copy and musicians make their money from live performance, when images are free to copy and the original has value because it's, well, the original. When the written word may be copied and recopied, when patent law is no longer needed because people invent and discover for prestige.

    1. Re:barvennon by SolitaryMan · · Score: 1

      From the fact that you've been modded as funny, you can conclude, that you'll have to wait for a long, long time.

      --
      May Peace Prevail On Earth
    2. Re:barvennon by turkeyfish · · Score: 1

      Barv appears to be a lot like Diogenes, spending his entire life looking for an honest man. Good thing about Barv and Diogenes that even if he does have o wait a long time, when he finally finds what he is looking for, it will have been worth the wait.

      Sadly, for Diogenes he died before he ever did. So too planet earth?

    3. Re:barvennon by westlake · · Score: 1

      I look forward to the day when music is free to copy and musicians make their money from live performance

      What does your insistence on live performance mean for the musician who is no longer up to the physical rigors of a concert tour?

      Do we retire - or euthanize - every musician at age sixty who still has something to offer but needs and expects something in return for his work?

      Prestige doesn't pay the rent.

    4. Re:barvennon by Anonymous Coward · · Score: 0

      I look forward to the day when [...] musicians make their money from live performance

      But that's how it already works. :-P That and selling t-shirts.

    5. Re:barvennon by Sj0 · · Score: 1

      What does your insistence on live performance mean for the musician who is no longer up to the physical rigors of manual labour?

      Do we retire - or euthanize - every manual labourer at age sixty who still has something to offer but needs and expects something in return for his work?

      Prestige doesn't pay the rent.

      --
      It's been a long time.
    6. Re:barvennon by AK+Marc · · Score: 1

      Prestige doesn't pay the rent.

      No, but savings do. Or do you think we need to subsidize all work where someone will grow to old to do it? Construction workers should have lots of laws set up to give them a percentage of the rent of all buildings they worked on until their grandchildren are dead because they can't work past 60 as well? Or, do you think we should encourage those with physically demanding jobs to save on an accelerated schedule because of the brevity of their career?

    7. Re:barvennon by shutdown+-p+now · · Score: 1

      patent law is no longer needed because people invent and discover for prestige.

      If you expect all people to invent and discover (and more broadly, to work, because those are just special cases of that) for prestige, you're a communist (in proper idealistic sense of the word, not meant as an insult here).

      Unfortunately, we're still as far from that ideal as we always were, and I wouldn't expect that to ever change.

    8. Re:barvennon by Anonymous Coward · · Score: 0

      When the written word may be copied and recopied, when patent law is no longer needed because people invent and discover for prestige.

      Prestige doesn't put food on the table. How do authors make money under your system? And please don't say public readings, because unlike with most music, being able to write and being able to publicly perform your work are entirely different skills.

    9. Re:barvennon by Lunzo · · Score: 1

      In case you weren't joking, photography is a bit different to other art in regards to the original. Photographs are easy to copy and are even more so with digital photographs. Either you've got a negative as the original - which I guess you could sell, but it doesn't have much intrinsic artistic value. The value is in the prints made from it, of which you can make infinite identical copies (for all intents and purposes). With digital files, every copy is exactly the same as the original.

      So no, photography couldn't work with your "make the original worth money" idea.

  16. Why should we trust them? by Anonymous Coward · · Score: 1, Insightful

    he editors and reporters at the New York Times are constantly hectoring us on various subjects, in their editorials as well as their news stories. Sometimes the subject is climate change, which requires a sophisticated knowledge of mathematics to evaluate competing theories. Or maybe it's health care, where the paper's editors denounce the rest of us for being reluctant to commit to trillions of dollars worth of government medicine. The implicit premise of the Times' yammering is that they are smarter than you.

    The problem is, it isn't true. Reporters and editors at our major newspapers are neither smarter nor more knowledgeable than the general public. In fact, I think they are, in general, less so. Today's case in point is a correction that the New York Times has run repeatedly in recent years. Yet, somehow, they never seem to learn:

    An article on July 5 about the California governor's race misstated the size of the outdoor tent where Gov. Arnold Schwarzenegger smokes cigars when working at the Capitol. The tent is about 15 feet square, not 15 square feet. (In other words, the tent is about 225 square feet.)

    I say this in all seriousness: why should we take direction on any complex issue of public policy from a group of people who literally do not know what a square foot is? They are not smarter than we are. They are dumber.

    1. Re:Why should we trust them? by PopeRatzo · · Score: 1

      Reporters and editors at our major newspapers are neither smarter nor more knowledgeable than the general public.

      My social circle includes several newspaper-people, reporters, editors and the like from one of the top 3 newspapers in the US, and I would disagree. I've found that reporters and editors of major newspapers are in fact smarter than the general public.

      The same can not be said for columnists or pundits that you'd find in major newspapers, but reporters and editors are some of the smartest people I know. And, as an academic, it's part of my job to recognize smart people.

      --
      You are welcome on my lawn.
    2. Re:Why should we trust them? by maxume · · Score: 1

      I believe you, but I blame the general public.

      --
      Nerd rage is the funniest rage.
    3. Re:Why should we trust them? by JohnFluxx · · Score: 1

      Lol. Are you seriously suggesting that in the US you have the freedom to get a heart transplant even if you are 70?

      http://www.froedtert.com/SpecialtyAreas/TransplantCenter/ProgramsandServices/HeartTransplantProgram/HeartTransplantFAQ.htm

      This says that patients over 70, in the US, are less likely to receive a heart transplant.

      I think you have some seriously rosy glasses if you think the US

    4. Re:Why should we trust them? by nog_lorp · · Score: 1

      What does NYTimes view on Big Government have to do with Wikipedia photos? Jesus man...

      Also, about healthcare. Just recently a man who was addicted to heroin needed a heart transplant but...
      See how this goes? There a people with much, much more potential life ahead of them to give that heart to, it would be immoral to give it to someone near the average life expectancy already.

    5. Re:Why should we trust them? by Anonymous Coward · · Score: 0

      They're smarter than you, but you're an idiot.

  17. Muhc ado about nothing by Blublu · · Score: 4, Insightful

    If you are a celebrity and want Wikipedia to have a good photo of you, provide one with the appropriate license and stop bitching. Problem solved! If you can't provide a picture under a free license, don't complain when someone else puts up a crappy picture. There is no problem here.

    --
    meh
    1. Re:Muhc ado about nothing by Tei · · Score: 1

      But If you make a photo of yourself. Is that original research? Wikipedia don't want person A to write a article about person A.

      --

      -Woof woof woof!

    2. Re:Muhc ado about nothing by Anonymous Coward · · Score: 0

      If you are a celebrity and want Wikipedia to have a good photo of you, provide one with the appropriate license and stop bitching.

      Agreed. Celebs could probably profit from releasing one or two good pictures of themselves under the appropriate license.

      I cleaned up a Wikipedia article on a singer and asked her directly if she could release one of her official press pictures. After a bit of mailing back and forth between, her, me the management and the photographer, everything was settled. The point is, though: none of the people involved (except me) initially understood the concept of the various licensing schemes. "Freely distributable, but not in the public domain" can be difficult to understand at first.

      So the problem for many small time artists is that there is nothing inbetween "I get to control everything" and "I get to control nothing" as far as licensing and rights are concerned. In this case, it ended up (I believe) in a win-win situation.

    3. Re:Muhc ado about nothing by noundi · · Score: 1

      Pictures don't count as research. They're merely illustrations.

      --
      I am the lawn!
    4. Re:Muhc ado about nothing by sjames · · Score: 1

      <thought nature=evil>That might even be a good strategy. Wikipedia should publish the most unflattering possible amateur celebrity snapshot where the 'glamor shot' should go. Preferably one where they're sick, hung over, and just got out of bed to see what that noise was. Bonus points if their bathrobe has a stain on it and the photographer's thumb is in the picture. Then invite them to send in a nice glamor shot with an appropriate license.

      Alternatively, a portrait of a drunk street person with a bladder control problem and a tiny caption that says "this isn't [insert name here]".

    5. Re:Muhc ado about nothing by thue · · Score: 1

      At one point, the photo on Larry Ellison's page showed him taking a bite of a hotdog at a football match. That one matched your criteria perfectly :).

      this one, possible (I don't remember well enough), though it isn't at Wikipedia any more.

    6. Re:Muhc ado about nothing by Anonymous Coward · · Score: 0

      Are police mug shots public domain?

      Given the propensity of celebrities to be arrested for DWI and such there should be no shortage of photos.

  18. Here's the thing... by SirFozzie · · Score: 5, Informative

    (Please note, stating my Conflict of Interest up front: I am currently a Wikipedia Administrator, one of the 2,500 or so)

    I do agree that photos are not a good spot for Wikipedia. And we're currently in a spot where our pictures are simultaneously decried as not good enough (this topic) and too good (http://news.slashdot.org/story/09/07/17/085244/New-Developments-In-NPGWikipedia-Lawsuit-Threat , the museum in question says that low res versions would be ok, but high res infringes on their copyright (note, the items in question are in the public domain in the US, but the laws regarding reproductions of items are a bit wonky in the UK)

    We are a free encyclopedia. The people who use the encyclopedia have a right to reuse the material on Wikipedia in any way possible. Therefore, we cannot present any material that doesn't meet the requirements, because outside the two categories (things permissible under the GFDL/CC-BY-SA licensing terms, and limited fair-use exemptions, usually when no other picture is possible, such as photos of a person who is no longer living).

    One could quite possibly argue that if we did not restrict items to these categories, then on other versions of Wikipedia, or otherwise legal use of Wikipedia (for example, reusing the article elsewhere), Wikipedia would be contributing to copyright infringement, or even considering the terms the rest of the website is under, encouraging copyright infringement.

    Do I (speaking more as a user of the encyclopedia, rather than an administrator) want professional looking photographs and information on Wikipedia? Yes, Of course. I would LOVE for a lot of professional photographers to be able to release their work. But it's their decision. If they don't want to donate the phots under the suitable license, then, unfortunately, we cannot use them.

    And I should say that there are categories where Wikipedia shines. Several governments including the German goverment (http://news.slashdot.org/article.pl?sid=08%2F12%2F06%2F1654246&from=rss) have released hundreds of thousands of historical to current day photographs to be used on Wikipedia by the site's terms.

    I know a user on Wikipedia (who I am proud to call a friend), who makes it their mission to restore old, faded pictures and photographs. They have close to 300 featured picture credits to their name. There's a whole category at the Wikipedia Commons (a sister project to Wikipedia) that makes it their goal to restore these photos and historical documents. (http://commons.wikimedia.org/wiki/Commons:Potential_restorations).

    So it's an ever-improving process. We can only take what we are GIVEN, but everyday we're given more and more to work with.

    --
    People Talking in Movie shows.. people smoking in bed.. people voting republican.. GIVE THEM A BOOT TO THE HEAD!
    1. Re:Here's the thing... by Anonymous Coward · · Score: 3, Informative

      Dear Wikipedia Administrator,

      A lot of photographers like myself would love to contribute photos to your service.

      However, the one time I attempted to do this, the process was so incomprhensible that it took me thirty minutes to figure out how where to submit the photo, how to submit the photo, and which one of twleve different copyrights was appropriate. Then it took the same amount of time to figure out how to go about replacing a photo in an article with the one I submitted.

      And I am a computer programmer. I can't imagine someone who does photography for a living would have an easier time.

      Anyway, the whole process left such a bad taste in my mouth, I said screw it. I wasn't gonna spend a year uploading over a thousand photos with your awful interface.

      Oh and to add insult to injury, when I added the photo, I left the original there, and the next day the idiot maintaining the article deleted mine even though the quality was far higher and met wikipedia's specifications better. His sole reason for doing this? "We don't need two photos of the same mountain in one article."

    2. Re:Here's the thing... by julesh · · Score: 2, Interesting

      the museum in question says that low res versions would be ok, but high res infringes on their copyright (note, the items in question are in the public domain in the US, but the laws regarding reproductions of items are a bit wonky in the UK)

      Actually, my understanding is that the laws regarding reproductions are actually very similar. Corel v Bridgeman, for instance, was heard by a US court but the decision was based on UK law. The only problem is no UK court has ever heard an equivalent case, and UK courts don't generally recognise US court decisions as precedent, so it could theoretically go the other way. In all truth, a UK court would be likely to make the same decision (that reproductions of public domain works which were produced with nothing other than mechanical effort to improve the quality of the reproduction are not protected by copyright), but it is impossible to be certain, and nobody really wants to take the chance.

      IANAL, but I have read extensively on copyright law and the common law system.

    3. Re:Here's the thing... by SirFozzie · · Score: 2, Interesting

      I do agree that the process for uploading photos needs to be improved (anyone with MediaWiki experience want to write us a better mousetrap?) But it does work, kludgey, but it works.

      --
      People Talking in Movie shows.. people smoking in bed.. people voting republican.. GIVE THEM A BOOT TO THE HEAD!
    4. Re:Here's the thing... by Marcika · · Score: 3, Interesting
      The upload process itself is quite simple (and has been at least since 2004) - the problem is the bureaucracy that people with entirely too much time on their hand have built around it... And the fascist enforcement of the minutiae of this bureaucracy by some individuals with even more time on their hands.

      I am sure Betacommand alone has turned hundreds (if not thousands) of photographers off Wikipedia with his automated deletion rampages based on "insufficiently explicit copyright tags" and such (doing it on images that were correctly tagged years before he and his ilk even joined to arbitrarily rewrite tagging policies)... He was banned, but there are still dozens of admins like him around.

    5. Re:Here's the thing... by David+Gerard · · Score: 3, Informative

      The Usability Initiative is working on stuff that sucks less.

      If you really want to put a pic in but can't figure out WTF (which is appallingly common), (a) put it on Flickr as CC-by-sa (b) put a note on the talk page "I can't figure out your arglearble wikitext syntax, but I have a suitably licensed pic at this link."

      --
      http://rocknerd.co.uk
    6. Re:Here's the thing... by jbolden · · Score: 2, Informative

      It doesn't work. I've been active off an on for 4 years. I was walking a novice through releasing a photo he owned the rights to. An email went back 5x. If creative commons needs specific language in their release email then CC site should generate the email with the language.

      The person who was working with him, incidentally was stating things that were legally false. I had to write a very complex paragraph to satisfy CC.

      There are some really bad assumptions made. Try it yourself, go through the site as a person who:
      did not create the image
      the image is not released elsewhere into the public domain
      you own copyright, or a license with unlimited transferable redistribution rights
      you are willing to release the image under the GFDL or SA-3

      There are millions who own copyright or have those sorts of licenses.

    7. Re:Here's the thing... by noundi · · Score: 2, Interesting

      If you're a professional photographer (which you state that you are not) it is, in my opinion, quite important that you already know the CC licenses before you snap your camera around. To me it is as important as it is for you (as a computer programmer) to know what the GPL or the MPL are.

      In your case however I understand the frustration about the procedure. However in wikipedias defence uploading pictures and placing them properly is well documented on the site itself. Of course you have to spend some time understanding the procedure, this applies to anything new you do in life. Perhaps it can be made easier, perhaps it's made a bit "difficult" to maintain a level of seriousness leaving goatse pictures off the site. Whatever it is I'm sure you'll be able to do it faster the second time around, much like anything in life.

      --
      I am the lawn!
    8. Re:Here's the thing... by russotto · · Score: 1

      Actually, my understanding is that the laws regarding reproductions are actually very similar. Corel v Bridgeman, for instance, was heard by a US court but the decision was based on UK law.

      Bridgeman v. Corel was based on US law, though Judge Kaplan spent several paragraphs laying out his reasons that he believed the decision would have been the same under UK law. Obviously the US court decision is not in any way binding on UK courts.

    9. Re:Here's the thing... by BlueBoxSW.com · · Score: 1

      Stick to your guns.

      (Although yeah, clean up the upload interface.)

    10. Re:Here's the thing... by slim · · Score: 1

      Unfortunately I think it has to be this hard.

      If you don't understand the license, you're in no position to be adding material to WikiMedia.

    11. Re:Here's the thing... by jbolden · · Score: 1

      Huh? There are lots of people who have released software under the GPL that don't get the GPL. All you need to get them to say is that they are attaching license X to image Y and they have authority to license for redistribution under X.

    12. Re:Here's the thing... by Lunzo · · Score: 1

      Wait, did you seriously argue that despite image upload being a complete dog to use, because it works at all it's acceptable? Wikipedia's image upload is aimed at non-technical users, who will give up if it's too hard. Looking at other comments in this thread they have done! If that doesn't suggest that the user experience is important, I don't know what does. Not only that but turning off users means that Wikipedia is failing in their goal of being collaborative, each time someone doesn't contribute because the UI doesn't make sense.

      Software is incredibly malleable. Computer programmers can implement what ever UI they like, and more importantly should make an interface which allows the typical user to achieve their goals in the simplest fashion. It is no longer acceptable to say "You asked for dancing and look, it's a dancing bear!" when what the user wanted was a ballerina (tips hat to Alan Cooper's book The Inmates are running the Asylum).

    13. Re:Here's the thing... by Simetrical · · Score: 1

      However, the one time I attempted to do this, the process was so incomprhensible that it took me thirty minutes to figure out how where to submit the photo, how to submit the photo, and which one of twleve different copyrights was appropriate. Then it took the same amount of time to figure out how to go about replacing a photo in an article with the one I submitted.

      And I am a computer programmer. I can't imagine someone who does photography for a living would have an easier time.

      Yes, the upload interface is even worse than the rest of the MediaWiki interface. However, literally a week ago a totally revamped upload system was committed. If all goes well, Wikipedia should be using it within, say, a month. It's supposed to be much better, although I haven't tried it myself.

      (The commit might still be reverted, as a giant branch merge that broke a bunch of things. But since it's had a few dozen follow-up commits that would also all have to be untangled, it would probably be less effort to fix whatever brokenness is left at this point. :D It will probably delay the next sync of Wikipedia's code, though.)

      --
      MediaWiki developer, Total War Center sysadmin
  19. Wikimedia foundation is protecting its ass by CosmicRabbit · · Score: 1

    Otherwise, even public domain art scannings can get them in trouble.
    Like the recent shameful lawsuit by the National Art Gallery
    That some jackass artist's agent lawyers-up at the slightest prospect of getting another shinny penny in the pocket, I can expect. But a taxpayer funded institution which main objective should be the preservation and public outreach of fine art (a lot of which outside the scope of any copyright bindings), that's just unacceptable.

    1. Re:Wikimedia foundation is protecting its ass by CosmicRabbit · · Score: 1

      And of course I meant the British National Portrait Gallery.

  20. Clueless Journo by toolz · · Score: 2, Informative

    The author of that article needs to get pulled up by his editor for bad research and reporting.

    Who the hell said that licensing something under Creative Commons means that you are giving up your copyright? Does he even understand what Copyright is all about? And what a license is?

    It's this kind of article that scares the willies out readers, who are led to believe that licensing under the GPL or CC means that you lose the right to be identified as the author of the work. What rubbish!

    --
    You aren't remembered for doing what is expected of you
  21. Wiki content is not just for viewing by physicsphairy · · Score: 4, Informative

    "'If they truly wanted to elevate the image on the site, they should allow photographers to maintain the copyright.'"

    The problem is that Wikipedia does not end at Wikipedia. Even if they themselves are given copyright permissions I imagine they consider it a problem if the endusers that copy the images from Wikipedia for other purposes get in trouble.

    The critics apparently want Wikipedia to pursue the maximum image quality they can get for readers of the site, but they don't stop to consider that there's a lot more people do with the stuff on wikipedia than just view it on the wikipedia.org domain.

  22. So no difference in quality, then? by Anonymous Coward · · Score: 1, Interesting

    For every thing that Photoshop does well and GIMP doesn't do or does badly, there are things that GIMP does well and Photoshop doesn't do or does badly.

    Most commercial offerings are more error prone code than free code. The selection of closed code is, of course, less available, but there has been instrumentation of such code done and FOSS code is of higher quality.

    1. Re:So no difference in quality, then? by anonymousbob22 · · Score: 1

      Yes, but how many things that GIMP does well and Photoshop doesn't are things you'd actually want/need to use?

  23. Write your own wiki by Anonymous Coward · · Score: 0

    with blackjack! and hookers!

    Tell you what, when you release your photos under the CC license that only requires attribution, then I'll be happy to be corrected.

    But your cost isn't my problem.

  24. Pictures? by MadKeithV · · Score: 5, Funny

    I swear, I read wikipedia for the articles, not for the pictures!

  25. Why are photographers so paranoid by 91degrees · · Score: 1

    Nobody is going to pay money for a 400x300 photo, but that would probably be more than adequate for wikipedia. Presumably if it's a good photo, and there's a market for such things, such a small thumbnail will only be suitable as advertising.

    Or am I mistaken and there's actually a huge market for low resolution photos of celebrities?

    1. Re:Why are photographers so paranoid by slim · · Score: 1

      Or am I mistaken and there's actually a huge market for low resolution photos of celebrities?

      Possibly.

      From TFA, I think the photographer has a business model where web-quality images are licensed to (for example) news sites.

      Let's say the NYT wants to illustrate a minor story about George Clooney on their web site. As long as there's no free image of reasonable quality, the NYT is going to go to a stock photo archive, pick a photo at a price that suits them, and the copyright holder will take a cut.

      His argument is that as long as there is *just one* adequate quality photo of George Clooney under a free license, then the NYT and everyone else will use that for evermore, destroying any market for other photos.

      I think it might be true to an extent. A lot of publishers will use the free photo.

      But I also suspect that 'premium' publishers will want to feed their customers' demand for different shots. A typical reader will soon notice that every time George Clooney is mentioned, the same photo is used.

    2. Re:Why are photographers so paranoid by 91degrees · · Score: 1

      Hmm. Oddly I hadn't considered commercial websites.

      I wonder if there is still a way. Maybe a visible ("Licenced under CC-BY-ND") watermark and no derivative works or something would be good enough for Wikipedia and not good enough for commercial sites.

    3. Re:Why are photographers so paranoid by David+Gerard · · Score: 2, Informative

      No, because that's not free content.

      --
      http://rocknerd.co.uk
    4. Re:Why are photographers so paranoid by Dogtanian · · Score: 1

      His argument is that as long as there is *just one* adequate quality photo of George Clooney under a free license, then the NYT and everyone else will use that for evermore, destroying any market for other photos.

      How long would it be before people started seeing the same photograph of George Clooney so often in so many different articles that it became obvious, and from there seen as cheesy, lazy and/or cheap?

      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    5. Re:Why are photographers so paranoid by mdwh2 · · Score: 1

      His argument is that as long as there is *just one* adequate quality photo of George Clooney under a free license, then the NYT and everyone else will use that for evermore, destroying any market for other photos.

      If that's true, he ought to be glad that Wikipedia photos are "bad"...

      But I also suspect that 'premium' publishers will want to feed their customers' demand for different shots. A typical reader will soon notice that every time George Clooney is mentioned, the same photo is used.

      It's like claiming that no one should write a free OS or browser, because it'll destroy the market for software.

    6. Re:Why are photographers so paranoid by geniice · · Score: 1

      Well they haven't so far. Stock photos can see a lot of reuse (even ignoring cases like the blue marble where there is a lack of alternatives). It's not so bad for the A list but much below that you are likely to see the same pics again and again.

      Advertising also does this a fair bit for example everywhere girl.

  26. Shaming by eddy · · Score: 1

    Organize some donors and create a program whereby if a donated high-quality image is used (or restrict it to portraits if that's a specific problem area), the donators give X dollars to a good cause, starving children or something, in the name of the image copyright holder. Create a public top list of photographers works so donated.

    There are a million variations, but the idea is that if they want to complain with their strawmen arguments, make them look like the whiners they are.

    Assuming this is a real problem. I've never had reason to complain personally about images on wikipedia, but I mostly hang out in technical articles.

    --
    Belief is the currency of delusion.
  27. copyright by Tom · · Score: 1

    'If they truly wanted to elevate the image on the site, they should allow photographers to maintain the copyright.'

    Uh, they do? You are not required to assign copyright to Wikipedia.

    However, they require that you grant the public a broad selection of rights. That generally doesn't mix with any future attempts to use the same image for commercial purposes, because your customer might just as well take the copy from Wikipedia.

    It's a difference. An important one. I would mind terribly if someone else would get the rights to my works. But retaining the rights and granting everyone the right to use my stuff is what sharing (and thus the Creative Commons idea) is all about.

    --
    Assorted stuff I do sometimes: Lemuria.org
    1. Re:copyright by lilburne · · Score: 1

      The problem is that any re-user of a multimedia file had better ascertain for themselves whether the file is actually free to use, and that it wasn't something that some 14 yo uploaded from the web and slapped a CC license on. If some company has reused a copyright image, the rights holder is going to go after the company not the dumb kid that uploaded it. That they found it on a website isn't going to play out in court.

  28. About that 'maintain the copyright' quote... by bheer · · Score: 5, Interesting

    The combination of the NYT's editing and Slashdot's summarizing has been rather unkind to that "they should allow photographers to maintain the copyright" quote, imho.

    > If a professional photographer wanted to increase his exposure (no pun intended), he could contribute to wikipedia under a free license.

    That's exactly what the guy who the quote was attributed to has done.

    The story quoted Jerry Avenaim, who has contributed his photos to Wikipedia, for example here. He says that photographers get paid very little for celebrity shots and make most of their money on resales of their photos (presumably print and online). If a freely licensed version on Wikipedia exists, then many publishers would simply take the wikipedia photo.

    Given that Avenaim himself has contributed photos, he's obviously aware of the upsides and the downsides of doing so - he even notes that he gets free publicity out of it. But re his "they should allow photographers to maintain the copyright" quote, it sounds like he meant Wikipedia should have a license that allows photographers to contribute _only to Wikipedia_ (presumably *.wikipedia.org) and still retain rights for usage of that photo anywhere else.

    I can see how this could be made to work. Have a 'better' photo for use on wikipedia.org, and point to an alternate free copy for use e.g. when other sites re-use wikipedia. That way photographers can contribute high-quality photos AND get paid, wikipedia gains, AND freedom to reuse is not lost.

    However, given that wikipedians are pretty hard-core about free (libre) content, it's unlikely anyone will take him seriously. Which is a pity. Good illustrations really enhance the value of an encyclopedia, but I'm guessing wikipedia won't compromise on its core 'free-ness' thing to get them.

    1. Re:About that 'maintain the copyright' quote... by slim · · Score: 5, Interesting

      I can see how this could be made to work. Have a 'better' photo for use on wikipedia.org, and point to an alternate free copy for use e.g. when other sites re-use wikipedia. That way photographers can contribute high-quality photos AND get paid, wikipedia gains, AND freedom to reuse is not lost.

      However, given that wikipedians are pretty hard-core about free (libre) content, it's unlikely anyone will take him seriously. Which is a pity. Good illustrations really enhance the value of an encyclopedia, but I'm guessing wikipedia won't compromise on its core 'free-ness' thing to get them

      It really would compromise the core free-ness thing in a practical way though.

      Currently Wikipedia works like "We're collaborating on this work, which you can take a copy of, to do whatever you like".

      With your modification it would be, "We're collaborating on this work. You can browse the premium edition here, or you can take a copy of the second class edition to do whatever you like".

      To me that's a massive difference, and a slippery slope.

    2. Re:About that 'maintain the copyright' quote... by bheer · · Score: 2, Insightful

      I do agree it would _change_ Wikipedia's core free-ness, and I myself am not sure how it'd work out - I like it that Wikipedia is free (libre) and remixable. But then I like good photographs too (aargh! it's almost like non-free drivers on Linux!).

      > With your modification it would be, "We're collaborating on
      > this work. You can browse the premium edition here, or you
      > can take a copy of the second class edition to do whatever you like".

      What I'll say to that is, there's no reason libre content has to be second-class. If an illustration meets a quality bar, include it (that's what editors are for, and wikipedia has many of them). If it doesn't, try to use an image licensed to *.wikipedia.org. It would also be trivial to implement a user pref to preferentially show libre images always.

      The key point is, you said "we're collaborating on this work". While this is true for _text_ on wikipedia, images (and sound files, etc) are typically _not_ collaborated upon - one typically replaces the other. Which is why I believe a separate licensing scheme that allows licensed multimedia content (but doesn't prefer it) can work, provided the community agrees.

    3. Re:About that 'maintain the copyright' quote... by slim · · Score: 1

      What I'll say to that is, there's no reason libre content has to be second-class.

      Indeed, and in the software world, often it's quite the opposite.

      But having a system where there's a non-free image and a 'fallback' free image, would implicitly send the message "non-free good, free not as good". ... unless you introduced some kind of rating system whereby a good free image could bury a non-free image... at which point I'd suggest we're designing an elaborate technical solution for a problem that just doesn't warrant the effort.

    4. Re:About that 'maintain the copyright' quote... by Tweenk · · Score: 1

      I can see how this could be made to work. Have a 'better' photo for use on wikipedia.org, and point to an alternate free copy for use e.g. when other sites re-use wikipedia.

      Upload a low-res versions under a permissive license instead. I don't really need a huge picture of an actor to know how he/she looks like, a small picture is sufficient. For photos of people a 200x200 thumbnail is really sufficient on a website, and is not usable in a newspaper or in other printed media. This way photographers can still sell their work while giving it away for free.

      --
      Those who would give up liberty to obtain working drivers, deserve neither liberty nor working drivers.
    5. Re:About that 'maintain the copyright' quote... by dachshund · · Score: 1

      It's about more than just hard-core "libre" content. Wikipedia is a huge undertaking and it was designed to outlive Wikipedia.org (which is currently operated by a benevolent non-profit foundation with bandwidth donated by some pretty generous people). For the most part everyone's happy with this situation. But part of the reason everyone's happy with it is that even if someday they're not happy --- e.g., the various maintainers lose interest, or decide they all hate each other --- the site can easily be transferred to a different location and everyone can go on as before. In other words, the point was to build an encyclopedia, not a website.

      Once you start admitting content that's only available on Wikipedia.org you're off down a very slippery slope towards building a site, and not a compendium of articles.

      The other technical problem is that Wikipedia.org doesn't actually own the content it serves; it was donated by contributors under various licenses (GFDL plus a bunch of CC variants). I confess not to know the legal details (and would be interested if someone does, so I'm not sure if GFDL article + image creates a derivative work, but if so that would require the image to be under a compatible license as well, or else Wikipedia would be violating someone's copyright (I'm not sure if reduced-quality versions fit the bill here). If this is legally the case, then even if only a portion of the article is under GFDL Wikipedia would be restricted from publishing it this way. Nobody wants to go through the hassle of figuring it out, just so a few people can get higher-quality images.

    6. Re:About that 'maintain the copyright' quote... by Anonymous Coward · · Score: 0

      However, given that wikipedians are pretty hard-core about free (libre) content

      Except when they're leeching off museums in other countries.

    7. Re:About that 'maintain the copyright' quote... by slashqwerty · · Score: 1

      it sounds like he meant Wikipedia should have a license that allows photographers to contribute _only to Wikipedia_ (presumably *.wikipedia.org) and still retain rights for usage of that photo anywhere else.

      Certainly most organizations that are willing to pay for a photo will not want to attach a CC license to it. If such organizations are publishing without a license the photographer has grounds to file suit. If an organization does include a CC license they probably weren't willing to pay for a photo anyway. It's likely Mr. Avenaim just wants to cut off amateur competitors by populating the most obvious source of photos with non-free content.

    8. Re:About that 'maintain the copyright' quote... by Anonymous Coward · · Score: 0

      He says that photographers get paid very little for celebrity shots and make most of their money on resales of their photos (presumably print and online). If a freely licensed version on Wikipedia exists, then many publishers would simply take the wikipedia photo.

      And that would be bad ? If we get photographers to shoot pictures for real stuff instead of those celebs, it will simply be a better world.

    9. Re:About that 'maintain the copyright' quote... by sjames · · Score: 2, Interesting

      it sounds like he meant Wikipedia should have a license that allows photographers to contribute _only to Wikipedia_ (presumably *.wikipedia.org) and still retain rights for usage of that photo anywhere else.

      If I were running things there, I'm fairly sure I wouldn't be anxious to accept the potential liabilities of accepting more restricted licenses. Next thing you know, someone uploads such a restricted image and someone else downloads and uses it without checking the license. Next thing you know, you're being sued for the entire GNP of China for "contributory infringement" because, in the photographer's opinion, the restricted rights were not indicated clearly enough somewhere.

      Then there's the foreclosure of future options. Decide to produce a DVD database edition for schools? A million gimmees pop out of the woodwork, all wanting a payment (for the free DVD). They argue that even though it's the exact same content from exactly the same place, by putting it on a DVD it's no longer Wikipedia for the purposes of their license (more than one magazine has been bitten by that one). What was a just feasible project is now out of the question due to all of the editing required to remove the restricted images, or the even larger task of clearing the licenses to all of the images in the new medium.

      It's much easier and safer to require the unrestricted license and be done with it.

      Perhaps the issue is a difference of vision. Wikipedia DOESN'T want to elevate the image on their site, they want to produce a free and open community edited encyclopedia. In the absence of (most) photographers offering unrestricted licenses, those goals are apparently mutually exclusive.

    10. Re:About that 'maintain the copyright' quote... by mdwh2 · · Score: 1

      You mean the museum that is leeching and trying to control public domain material?

      And your "except" makes no sense. Wikimedia uses free images, and those images are free in the US. So their stance is entirely consistent.

    11. Re:About that 'maintain the copyright' quote... by mdwh2 · · Score: 1

      But that catches anyone taking a copy of Wikipedia articles, whether it's the mirrors, or someone reusing it for other purposes. They now have to go through every file to see whether it's under the free licence or not.

      If such a dual system was going to be used, I'd argue that the free version should always take priority and be the default. Anyhow, under the current system there's nothing stopping someone putting an external link to a page with a photo - the "free" requirement doesn't apply to content on external links.

    12. Re:About that 'maintain the copyright' quote... by Anonymous Coward · · Score: 0

      Wikipedia could get exceptional content - text and images alike - by licensing it under restrictive terms.

      A strong philosophy within WIkipedia says it's better to aim for perpetually free reusable ones, which users can take to further their own creations in turn, even if it may take a bit longer to achieve. Over time, it'll grow..... :)

    13. Re:About that 'maintain the copyright' quote... by bheer · · Score: 1

      There doesn't have to be a fallback free image. There should be a quality bar. If free content doesn't make the cut, then look for (gratis) licensable images which do. IIRC, wikipedia used to do that (use a nonfree image if a free one wasn't available) until recently, but it might be better to look for licensable images than use random, nonfree unlicensed images.

    14. Re:About that 'maintain the copyright' quote... by Anonymous Coward · · Score: 0

      This is an equality by pulling down, not raising up - if you consider the version of Wikipedia anyone else can "take a copy of, to do whatever you like" second class under this scenario, then the current Wikipedia is making itself second class by prohibiting the first class pictures. Given that the derivative products are not changed either way, how is it harmful for Wikipedia itself to be improved?

    15. Re:About that 'maintain the copyright' quote... by jipn4 · · Score: 1

      That way photographers can contribute high-quality photos AND get paid, wikipedia gains,

      No, Wikipedia loses. I'd rather have bad photos that I can use when I need to than have to check every time or, worse, have all the free photos be replaced by some photographer's self-promotion stock.

      However, given that wikipedians are pretty hard-core about free (libre) content, it's unlikely anyone will take him seriously.

      It's not a religious thing, it's a practical thing.

    16. Re:About that 'maintain the copyright' quote... by proxima · · Score: 1

      If a freely licensed version on Wikipedia exists, then many publishers would simply take the wikipedia photo.

      The standard license on Wikipedia is CC-BY-SA. It's my understanding (as a non-lawyer) that if you upload an image to Wikipedia also as ShareAlike, then anyone who uses your image is bound by the creative commons license (or a compatible alternative) for any derivative works (similar in spirit to the GPL).

      This would automatically rule out many uses that photographers might want restricted; major publishers of books, magazines, and newspapers will not be interested in licensing the derivative work under a creative commons license. As the original copyright owner, the photographer will be able to dual-license the photo on a case by case basis. That means that you can upload your photo to Wikipedia for use with CC-licensed works, while getting exposure of your work from potential commercial buyers. Just make sure that when you upload to WP you use CC-BY-SA, and not one of the less restrictive licenses. Sounds like a win-win to me.

      --
      "The universe seems neither benign nor hostile, merely indifferent." --Carl Sagan
    17. Re:About that 'maintain the copyright' quote... by david_thornley · · Score: 1

      If I want a good photo of somebody on Wikipedia, I use Google to find one, and I don't care if it's non-free, because all I do is look at it.

      The Internet - I never use Wikipedia without it!

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    18. Re:About that 'maintain the copyright' quote... by mrchaotica · · Score: 1

      There should be a quality bar.

      There is a quality bar: images that have the "quality" of being freely distributable are acceptable; images that don't, aren't. It's easy; it works; there's nothing wrong with it!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    19. Re:About that 'maintain the copyright' quote... by shutdown+-p+now · · Score: 1

      I do agree it would _change_ Wikipedia's core free-ness, and I myself am not sure how it'd work out - I like it that Wikipedia is free (libre) and remixable. But then I like good photographs too (aargh! it's almost like non-free drivers on Linux!).

      The solution is actually the same - thanks to the libre license, you can make your own Wikipedia version (not necessarily a true fork, you can keep it generally synced) with "premium" photos.

    20. Re:About that 'maintain the copyright' quote... by Simetrical · · Score: 1

      The standard license on Wikipedia is CC-BY-SA. It's my understanding (as a non-lawyer) that if you upload an image to Wikipedia also as ShareAlike, then anyone who uses your image is bound by the creative commons license (or a compatible alternative) for any derivative works (similar in spirit to the GPL).

      Yes, but is a document that you embed the photo into a derivative work? Wikipedia itself has always assumed not. It's embedded, for instance, CC-BY-SA images in GFDL content, even though the licenses are incompatible. Thus you could embed a CC-BY-SA photo in a proprietary work just fine, as long as you make available any changes to the photo itself. CC-BY-SA is much weaker copyleft than the GPL, AFAICT: more like the LGPL.

      But, as usual, IANAL.

      --
      MediaWiki developer, Total War Center sysadmin
    21. Re:About that 'maintain the copyright' quote... by proxima · · Score: 1

      Yes, but is a document that you embed the photo into a derivative work?

      I wondered about this. Here's how CC defines "adaptation" in the legal text of the CC-BY-SA license:

      "Adaptation" means a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, derivative work, arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic adaptations or any other form in which the Work may be recast, transformed, or adapted including in any form recognizably derived from the original, except that a work that constitutes a Collection will not be considered an Adaptation for the purpose of this License. For the avoidance of doubt, where the Work is a musical work, performance or phonogram, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered an Adaptation for the purpose of this License.

      They explicitly say that adding a soundtrack to a video is an adaptation. It seemed to me (also as a non-lawyer) that a photo in a document is similar. I take your point about Wikipedia's past use (though didn't the GFDL get modified explicitly to allow Wikipedia to transition to CC-BY-SA?). Googling around for some discussion seems to indicate that having a photo in a larger work is a "collection", and that distribution of a newspaper or magazine entitles the recipient to use of the image but not the surrounding text. I haven't found any expert opinions on the matter yet, and even still it's probably not settled law (as with so much in copyright law). Still, the prevailing opinion seems to be yours, so I stand corrected.

      --
      "The universe seems neither benign nor hostile, merely indifferent." --Carl Sagan
    22. Re:About that 'maintain the copyright' quote... by Simetrical · · Score: 1

      I take your point about Wikipedia's past use (though didn't the GFDL get modified explicitly to allow Wikipedia to transition to CC-BY-SA?).

      Yes, but CC-BY-SA-incompatible copyleft licenses are still accepted for images, as long as they meet the usual FSF-style free licensing guidelines. I have no idea if Wikimedia lawyers have ever commented on this policy, or if it was made up by a bunch of IANALs like us. :) I'd *hope* there would have been an official recommendation from Wikimedia counsel by now, but I really don't know.

      In any event, Wikipedia is often lax about the details when it comes to licensing — like all the custom JavaScript is licensed as just CC-BY-SA/GFDL like everything else, even though it calls functions from GPL-licensed MediaWiki JavaScript. It keeps to the spirit of the licenses very strongly, the letter not always so much.

      --
      MediaWiki developer, Total War Center sysadmin
  29. Seriously, where the hell do you work? by Anonymous Coward · · Score: 2, Interesting

    I've heard of needing to get -permission- to do something out of the ordinary at a workplace. But to 'shell out hundreds of dollars for a permit'? What the fuck? Is your 'workplace' Myanmar or something?

    Really, don't sweat it. I don't think Wikipedia needs pictures of your workplace that badly.

    1. Re:Seriously, where the hell do you work? by proxima · · Score: 1

      I've heard of needing to get -permission- to do something out of the ordinary at a workplace. But to 'shell out hundreds of dollars for a permit'?

      This actually seems fairly common in places like art museums, zoos, etc. Sure, the painting may be old enough to be in the public domain, but museums can still restrict your ability to take a commercial photo of it (physically). I imagine zoos see the potential for a few hundred easy bucks in exchange for the inconvenience of a pro setting up equipment and possibly getting in the way of other people.

      Granted, I would prefer these terms didn't exist, but they stem from being able to restrict physical access to what you want to photograph. What really annoys me more are restrictions people try to place on photos taken from public places. The Eiffel Tower during the day is okay, but the modern lighting at night is "copyrighted", and any commercial image of the Eiffel Tower at night requires payment (last I heard). Absolutely obnoxious.

      --
      "The universe seems neither benign nor hostile, merely indifferent." --Carl Sagan
    2. Re:Seriously, where the hell do you work? by Shag · · Score: 1

      Wow, someone who actually knows something about the limitations that exist on commercial photography. Thanks. :)

      For the others: it's not just "my workplace" that's at ods with Wikipedia. The building where I work sits on state (aka "public") land, in the US. Yes, anyone and their dog can quite easily wander up outside it and take photos for personal use. However, the state - like virtually every state in the US - requires permits for commercial photographers and/or film crews, and liability insurance, and an accompanying ranger for safety, and so on and so forth. And as I noted before, their definition of commercial includes freely giving your photo away for commercial use.

      For those of you who think these requirements are horribly onerous and against all that is good in the world, and live in the US, I'd invite you to check your own state's film/video office to see what you're actually allowed to do. The "land of the free" may not be as free-as-in-Wikipedia as you think.

      In my particular case, there are a number of facilities in this location, run by different state, federal or international entities. Things are further complicated by an additional rule, specific to the location, requiring permission from each facility being photographed (again, only in the case of commercial work - but again, that's defined in such a way that you can't give things to Wikipedia knowing that they will then allow commercial use.)

      Honestly, I am sure the state doesn't mean to make life difficult for people like me - they just don't want a big crew traipsing around screwing up the land and tripping people with power cords or whatever. But they've evidently not found a way of casting a narrower net.

      --
      Village idiot in some extremely smart villages.
  30. Business as usual by thue · · Score: 2, Insightful

    So as I understand it from the article, the problem is this:

    • Photographers are hired by celebrities, who gets a photo for a symbolic sum, in return for the photographer retaining copyright and the rights to resell the images.
    • But if a free photo was uploaded to Wikipedia then everybody would be happy to just use this, and the photographer would loose most of his income.

    So it seems to me that

    • If most people would be happy to just use one shot, then that is the will of the free market, and it is only through cartel-like monopoly of the photographers that the current status quo works. The current system benefits the photographers, but detracts from society at large. Everybody but the photographers would benefit from free photos being available, including magazines, etc.
    • If the celebrities were willing to use a little money to get a one-time shot taken then they could get a lot of free publicity. The celebrities don't seem to make money from their photos, so the celebrities have little to loose. Since it would in principle only take one freelance photographer to break the photography cartel then it shouldn't be a problem in theory. The only thing needed for this to happen is the celebrities realizing that they have this option.
    1. Re:Business as usual by Anonymous Coward · · Score: 0

      Lose. Sucker.

    2. Re:Business as usual by PitaBred · · Score: 1

      The word is "lose". I wouldn't have posted, except you did it multiple times in your post. Loose is what your shoelaces are when you trip on them.

  31. Wrong mod by myrrdyn · · Score: 1, Informative

    Reply to undo wrong mod, sorry

    --
    Elen sìla lùmenn' omentielvo
  32. Fair use not allowed is somehow Wikipedia's fault by Anonymous Coward · · Score: 0

    Wikipedia is based on free content - that's one of its five pillars. Allowing non-GFDL compatible, non-fair use content is not going to happen. Period.

    But consider this: barring exceptions, fair use photographs of living people are not allowed on Wikipedia. This means e.g. that 99 times out of 100, you can't use a screenshot from a movie to identify an actor. That's how the copyright law works, apparently: do otherwise, and you risk a lawsuit.

    NYT's reasoning in the article is along the usual lines: there's nothing wrong with the copyright law, that's even beyond discussion - it's those stubborn Wikipedians...

  33. "Why?" Cuz Wikipedia's so bad. by cosanostradamus · · Score: 0, Troll

    . Great idea, poor execution, Wikipedia. .

    1. Re:"Why?" Cuz Wikipedia's so bad. by cosanostradamus · · Score: 0

      . fuck you "troll" you're the troll. asshole get a fucking life, douchebag .

  34. Fair Use by grumbel · · Score: 1

    A problem that seems to be ignored here is the limit of fair use. Wikipedia allows only low-res pictures of some items (video game box-art for example), so the quality of the pictures comes out rather awful not because of lack of people contributing higher quality pictures, but because a higher quality picture could be considered a copyright violation of the original and are thus not allowed.

    Wikipedia aside, low quality pictures is a general web problem, your average news side won't feature 10 megapixel photos either, just a lumpy scaled down version, thanks to everybody being overly careful with copyright and licensing.

  35. Re:Quality by funkatron · · Score: 1

    Yes but only one of those has much of a future. who wants to pay for an encyclopaedia? As for your complaint about quality, if it really matters then you don't read wikipredia, you read the sources listed in the wikipedia article and follow it up by checking the relevant publications in the field.

    --
    "Welcome to our world. We are the wasted youth. And we are the future too." Yes, I know these are stupid lyrics.
  36. post a reduced size image by wjh31 · · Score: 1

    Wikipedia doesnt need a full 10+ megapixel image to illustrae atricles, it doesnt even need one that would fill you screen. Something around 200x200px would probably be suficient for most cases, e.g a picture of a celebrity where the issue seems to commonly arise. If photogaphers are concerned about copyright why not just created a reduced size and quality version and release that. Its too small to be used for commercial uses in most cases so neednt worry so much about it being 'stolen', and can still retain as many permissions as they like over the full image.

    1. Re:post a reduced size image by slim · · Score: 1

      If photogaphers are concerned about copyright why not just created a reduced size and quality version and release that. Its too small to be used for commercial uses in most cases

      Go to http://www.nyt.com/ and count the 75x75 px and 151x151 px non-free photographs.

      The web creates a commercial demand for low-res photographic images.

  37. Re:Photographers do maintain the copyright of cour by Jugalator · · Score: 4, Insightful

    Exactly. Many seem to think this is a "oh boy, those annoying freedom fighters that prioritize freedom over practicality again", but really... In *every* case where a non-free license would be used, Wikipedia would not be able to use the images and let people download them freely without breaking the law. And with a high profile site as Wikipedia, believe me, someone in the sue-happy country the English Wikipedia is based in, would try and win. (if not having this policy)

    --
    Beware: In C++, your friends can see your privates!
  38. Re:Silly license by slim · · Score: 4, Informative

    I would happily grant Wiki a free license to use the photo but no, they want a complete surrender of copyright or they don't want the picture, so they don't get the picture :-(

    You might consider this to be splitting semantic hairs, but actually you would retain copyright. You would just offer the image under a license which allows free distribution.

    But you summed it up. Wikipedia's aim is to create a freely distributable encyclopedia. They don't want any material that they can't distribute freely.

    You're not contributing because you don't share Wikipedia's aims.

  39. I was a Professional Photographer once and young. by vorlich · · Score: 3, Insightful

    And I have no problem understanding the copyright laws, certainly those relevant to Europe. I possess about 250,000 negatives which are my copyright (although not all of them are worth a dime). I know that Wikipedia is a community resource where we are neither intended to make money or achieve fame or infamy. So the NYT article is just dumb. If celebs want images in wikipedia then they should upload a completely copyright free image and stop whining. That's all there is to it. Not complicated. No script writer needed. They do it every other day when they appear on the beach for the paparazzi.

    --
    Posts, MyBio or Sig, may contain satire, sarcasm, bolded nouns be sardonic or even witty & be Church of SD
  40. Re:Silly license by Andy+Smith · · Score: 1

    I'm afraid this is a common misconception. Copyright refers to, literally, the right to copy something. If I give everyone in the world, or even just one single person, the right to copy an image, then I have _effectively_ surrendered my copyright.

    For example: Suppose I give you the right to distribute one of my photos. A publisher then comes to me, wanting to license the photo for a book, and I quote them a couple of grand for the rights. You can then step in and quote them one grand.

  41. Re:Silly license by Anonymous Coward · · Score: 0

    I would happily grant Wiki a free license to use the photo but no, they want a complete surrender of copyright or they don't want the picture, so they don't get the picture :-(

    Wikipedia is all about free content. Free as in "everyone can fork it, print it, distribute it on CD etc.". Not free as in "everyone can view it on *.wikipedia.org and if they want to do anything else with it, they go to Andy Smith and buy a license".

    So apperently, you don't want to contribute to Wikipedia, as you do not accept one of the core principles of the project. You want to contribute to a collaboratively created, but non-free wiki, which isn't what Wikipedia is about.

  42. Re:Silly license by Marcus+Green · · Score: 1

    I think you troll....

  43. Find good photos on Flickr, ask for permission by HertzaHaeon · · Score: 1

    I had that problem before with the article on Hayo Miyazaki that I'm contributing to, but I went to Flickr, found a bunch of good, professional-looking pictures of Miyazaki-san and asked the photographers to release their picture under the correct CC license. I got one in less than a a week. The photographer was only glad to help and have his work seen.

    A quick search on Flickr quickly reveals a good photo of Ms Berry and Mr Clooney. So, I suggests someone gets to it.

    1. Re:Find good photos on Flickr, ask for permission by igorthefiend · · Score: 2, Interesting

      Speaking as a photographer, you have to keep in mind that they may well be limited as to what they can do.

      The photo of Halle Berry was clearly taken by a professional who may very well not be at liberty to CC the image even if they wanted to. They may have been given permission to take photos for a certain use only, and Wikipedia might fall outside that. At worst, they may even have been forced to give away their copyright and line themselves up for damages by letting you use it (Jane's Addiction, I'm looking at you... http://www.aphotoeditor.com/2009/07/17/concert-photographers-asked-to-transfer-copyright-to-janes-addiction/). I didn't shoot Steven Segal, but I believe his contract bought all your photos for $1 and then exposed you to $1,000,000 of damages if you broke the contract. Here's the PDF of the release the photographers had to sign to shoot him - http://www.blackshadow.com.au/releases/seagal.pdf

      Personally, I've been in a position where I'd like to donate better images of bands which I've taken professionally to Wikipedia, but at the end of the day, I may not have the right to do so as it falls outside the remit I was given when I took the photo, and I'm not prepared to potentially expose myself to any liability to help out.

      In my opinion your best bet genuinely is a talented amateur who wasn't tied to any contract when they took the shot, and can CC license the shot with impunity.

    2. Re:Find good photos on Flickr, ask for permission by HertzaHaeon · · Score: 1

      The Flickr photos were just examples. There are many more. My point was that it pays to ask around.

      Aren't the people making you sign permits interested in publically available photos for fans? Judging from the article, PR people seem shocked at the crummy Wikipedia photos. A simple solution would be to have you to release a few photos under a CC license.

    3. Re:Find good photos on Flickr, ask for permission by igorthefiend · · Score: 1

      God no, they're not interested in publicly available photos for fans at all. They'd perhaps be interested in using your photos on their website (without having to pay you) if you happen to get a spectacular shot.

      I should say that most events *aren't* like this, but the bigger the name, the harder the access, and the more likely a rights grab, it seems.

  44. Is this really a problem? by Rich+Klein · · Score: 1

    Is this really a problem, or are some professional photographers just put out because their pictures not showing up on Wikipedia? I hadn't noticed the pictures on Wikipedia sucking, and all my pictures have been licensed such that Wikipedia could use them (though I didn't think of Wikipedia when I chose the license) since I started using flickr, years ago.

    Speaking of the license, I think this statement is wrong:
    "Wikipedia runs only pictures with the most permissive Creative Commons license, which allows anyone to use an image, for commercial purposes or not, as long as the photographer is credited."
    I don't think the most permissive CC license requires even attribution.
    http://en.wikipedia.org/wiki/Creative_commons#Types_of_Creative_Commons_licenses

    --
    -Rich
  45. Image uploads are restricted by dalesc · · Score: 5, Informative

    I have a bunch of high quality images that I've taken and am happy to donate. However, when I tried to upload them I was prevented due to not having updated a sufficient number of articles. Until you've updated the text on something like 10 articles you can't upload any images. I simply haven't found that many articles I felt I could make a useful contribution to yet. It seems like an odd restriction to me. Unless you can prove you can write readable text, you can't upload pictures.

    1. Re:Image uploads are restricted by Locklin · · Score: 2, Insightful

      Sounds like they had an issue with people dumping copyrighted/inappropriate pictures on the site.

      I would suggest contacting someone who does make regular contributions (there are thousands of them, you should be able to find one easily). They can upload pictures for you and attribute you as the photographer.

      --
      "Knowledge is the only instrument of production that is not subject to diminishing returns" -Journal of Political Econom
    2. Re:Image uploads are restricted by Anonymous Coward · · Score: 0

      Yeah, the restriction is a bit inane. I can't seem to locate a firm answer, but as I understand it, it's *any* edits, not just substantial ones. Slap 10 {{Reqfreephoto}} templates on article talk pages, then come back several days later and add your files ;-). Or if it's article space edits they want, spend 30 min trawling recent DYK entries or the Recent Changes link, looking for minor spelling, punctuation, or style fixes you can make.

      They're not looking to prove you can write readable text, they just want to prove you're capable of making constructive edits, and didn't create the account just to troll/vandalize.

    3. Re:Image uploads are restricted by fulldecent · · Score: 2, Informative

      Please include a link to your photos so that we may upload for you (and we will give you credit in the comments). Thank you for your contribution.

      --

      -- I was raised on the command line, bitch

    4. Re:Image uploads are restricted by Anonymous Coward · · Score: 0

      I am sure if you went and asked at the English Wikipedia help desk they could sort the problem out. The rule is there to prevent vandalism from new accounts, which was becoming a big problem before the rule was started. Because wikipedia user accounts are largely separated from their IPs (a "checkuser" from one of only a very limited number of admins is required) it was very easy for people to make scripts to generate thousands of accounts and make one piece of vandalism for each one. Forced to choose between making file uploads (the most resource intensive of these vandals) only available to "established editors" (where the bar is really pretty low) or making IPs less anonymous from user accounts, Wikipedia chose the former, and I think I agree with them.

      I don't think the rule applies to images uploaded to Wikimedia Commons. Commons acts as a pool of images (and other media) that are used in all Wikipedia projects (not just English Wikipedia) so it would probably be the better place to upload your images anyway.

    5. Re:Image uploads are restricted by morven2 · · Score: 1

      I believe you can upload to Wikimedia Commons (commons.wikimedia.org) without article edits. Pictures placed there can be used by any Wikimedia project (including all the different language editions). You might want to try there -- or as David Gerard said above, put them on Flickr tagged CC-By-SA and put a comment on the talk page saying "I have these photos; could someone upload them?"

      Heck, do so and email me; I'll put 'em up. (morven@byz.org)

    6. Re:Image uploads are restricted by Anonymous Coward · · Score: 0

      Go to Wikimedia Commons (http://commons.wikimedia.org) and upload. There's no 4-day wait like on Wikipedia (it has nothing to do with edit-count, I don't think). You simply have to have an account to upload and you use the images exactly the same way as if you upload directly to Wikipedia (same server actually). Commons is where all the freely licensed material should go (vs. fair-use stuff like album covers) so that all the different language Wikipedias can use it.

  46. Surely it is the agents with the problem. by Anonymous Coward · · Score: 0

    They hired professional photographers to photograph their clients, without ensuring they had the right to do what they needed with the photos.

    The fact that Wikipedia can think ahead and require the correct license is only a good thing.

  47. Re:Silly license by Andy+Smith · · Score: 1

    Wikipedia is all about free content. Free as in "everyone can fork it, print it, distribute it on CD etc.". Not free as in "everyone can view it on *.wikipedia.org and if they want to do anything else with it, they go to Andy Smith and buy a license".

    I would very much like to contribute photos which could then be used freely for anything Wiki related, including printing and distribution etc. But the license which Wiki requires would then give people the right to extract my work from Wiki and sell it independently, which is what I'm not willing to allow.

    Why shouldn't I be able to contribute a photo to Wiki without also granting people permission to sell it as a poster?

  48. Posing my own logo by Anonymous Coward · · Score: 1, Informative

    I recently tried to post our logo on a wikipedia article. It was hell. First I posted the image, thinking that would be the end of it. I got a post on my page saying that I didn't put a license on it. Fine. So I went and picked a permissive license. They they said I didn't have permission to do that. So I posted my yahoo-inc (internal employees only) email address asking them what do they want me to do to prove it. No response. The image was deleted.

    Second try, I post a bigger version of the image. . This time I don't say that I work for yahoo, but that this is a valid non-free use of the image. I leave the citation the same way as it was before. Alas, this worked and everyone left me alone!

    So, if you are trying to post your own logo, just say it is an acceptable non-free use.
    This experience was not very fun, but I really wanted to get our logo up there so that a search will show the logo in the Wikipedia SearchMonkey result. Hard to demo a product when a search for the name doesn't show a good use of the product.

    1. Re:Posing my own logo by geniice · · Score: 1

      What you are hitting there is that wikipedians know that the odds of you having permission to release yahoo owned IP under a free license are extremely limited and even if you did it would likely be rather a bad idea on your part. We get a lot of PR guys trying to release company logos when they don't actually have the authority to do that.

  49. Re:Problem is by fractoid · · Score: 3, Funny

    No, you fool, they're tits. And they're censored. To be worksave, you know.

    This explains why Wikipedia's article on breasts has less impressive images than, uh, various other sites. And their article on cleavage is downright horrible.

    --
    Rampant carbon sequestration destroyed the Dinosaurs' tropical paradise. I'm here to help repair the damage.
  50. Control of images affects news coverage by Anonymous Coward · · Score: 0

    Images make articles more readable. If you want to publish an article about corruption amongst politicians, it will more likely be read if there are accompanying photographs which show the people who are mentioned in the article.

    If you control the source of those images then to a large degree, you also control the audience for the article. You might think this is a minor problem, but it isn't. Try finding a free for use photograph of most politicians and more particularly senior executives and you will find the going hard.

    I think there is a powerful argument for making such photographs fair game if there are no others available. Otherwise we will be prone to this mild form of censorship forever.

  51. Re:Silly license by slim · · Score: 1

    No. Copyright refers to your right to specify who may copy something, and under what terms.

    You can give up that right, by putting a work into the public domain, or by transferring the copyright to someone else. But if you let Wikipedia use an image under a CC license, you are still the copyright holder.

    But even if you're giving the work away, being the copyright holder has advantages. For example, you get to specify what kind of copies are allowed (e.g. attribution must be retained).

    For example: Suppose I give you the right to distribute one of my photos. A publisher then comes to me, wanting to license the photo for a book, and I quote them a couple of grand for the rights. You can then step in and quote them one grand.

    That depends entirely on the license you granted me. Your license may forbid me from charging anything for a copy. Your license may dictate that I may only duplicate the image under the same license terms as you gave me.

    One common approach is dual licensing for software. Say I've release SlimWidget under the GPL. You want to use SlimWidget but you don't like the GPL. I can sell you the right to use it under any license I choose, while continuing to let other people use it for free under the GPL. As copyright holder, I am the only one allowed to do that, even though plenty of people are freely copying my work under the other license.

  52. Clueless by Anonymous Coward · · Score: 0

    The last time I checked, a CC licence was irrevocable, so yes, effectively you are giving up copyright if you licence under a CC licence that allows commercial use.

    1. Re:Clueless by slim · · Score: 1

      so yes, effectively you are giving up copyright

      Too bad he didn't use the word "effectively" in the article. Because literally, you are not giving up copyright.

    2. Re:Clueless by Anonymous Coward · · Score: 0

      No. If someone claims your work to be theirs, you can sue. If someone uses it without attribution, you can sue.

      You can re-license the work to someone else, under a more or less restrictive license.

      In practice, you can release a low-res version of an image CC, and do other things with the high-res. That would probably be your best bet, anyway.

    3. Re:Clueless by mdwh2 · · Score: 1

      No, you're not. That makes no more sense than even saying "If you release your work as closed source no-redistribution allowed, you're 'effectively' giving up your copyright, because you can't take it back from them".

      By "effectively", you mean "not at all".

    4. Re:Clueless by AK+Marc · · Score: 1

      effectively you are giving up copyright

      Not in the least. You take a high-res photo. You crop it. You lower the quality of it. You submit a 320x320 version of it to someone under a CC license. You still have 100% copyright over that image and all derivatives of it (including the CC one). The CC only applies to the one and only one version released under CC. The high-res version and all other edits and derivatives of the original are still yours and not under the CC at all. That's not giving up copyright. That's releasing one specific image to CC licensing.

  53. Re:Freedom versus high quality - with a twist by PopeRatzo · · Score: 4, Insightful

    Interesting that the NY Times would press the idea that Wikipedia has "bad photos".

    It wouldn't have anything to do with the NYT being nervous about losing their status as the "official record", would it? After all, it's only been about a decade that the NY Times has had color photographs at all.

    If I remember correctly, the first color photograph appeared in the New York Times on October 16, 1997.

    Actually, and ironically, I learned this on Wikipedia.

    --
    You are welcome on my lawn.
  54. Shouldn't be posting those pictures anyway by CarpetShark · · Score: 1

    Apparently they care more about freedom than having the highest quality images available. What more is there to say?

    Agreed, but one could also say that uploading the photos of a politician that their PR dept. asked you to upload is disingenuous anyway. What's wrong with a standard candid photo after all? Are they that ashamed of how they look in on an AVERAGE day?

    1. Re:Shouldn't be posting those pictures anyway by kent_eh · · Score: 1

      Agreed, but one could also say that uploading the photos of a politician that their PR dept. asked you to upload is disingenuous anyway. What's wrong with a standard candid photo after all? Are they that ashamed of how they look in on an AVERAGE day?

      Exactly.

      It's an encyclopedia (or strives to be one). It shouldn't be concerned with enabling the spin that a celebrity publicist wants put on their client's profile by wanting a re-touched, "best possible look" kind of picture.
      Any picture that depicts the person in question accurately should serve the function of a picture in an encyclopedia entry.

      --

      ---
      "I can't complain, but sometimes still do..." Joe Walsh
  55. Re:Silly license by slim · · Score: 1

    Why shouldn't I be able to contribute a photo to Wiki without also granting people permission to sell it as a poster?

    Because the whole point of Wikipedia is that it is a free resource which can be recycled and reused in all sorts of ways the original contributors might not have imagined.

    Including, yes, making posters.

  56. Re:Problem is by JustOK · · Score: 0, Troll

    Looks more like assholes.

    --
    rewriting history since 2109
  57. Better this way! by Jeppe+Salvesen · · Score: 1

    If we see some actual photographs and not just some photoshop reconstructions, we have a better shot at recognizing the person in real life and asking for their autograph or just striking up a conversation.

    --

    Stop the brainwash

  58. Vagina. by Anonymous Coward · · Score: 0

    The history of pictures on the vagina and breast articles has been pretty hilarious. Every now and then, we see some woman spreading her junk with her long, manicured fingernails.

  59. Re:Silly license by CyberDragon777 · · Score: 1

    Are 300x400 resoluion wikipedia photos useful for book pictures?

    --
    We both said a lot of things that you are going to regret.
  60. turkeyfish by turkeyfish · · Score: 1

    Yes but each of her male fans need the extra 1500 pixels so that they could imagine themselves bit-maped in with her.

  61. Re:Silly license by Andy+Smith · · Score: 1

    Pretty much anything's useful if someone is trying to get it for free.

  62. Your logic is flawed by Anonymous Coward · · Score: 0

    Well you clearly have an axe to grind over Wikipedia, and you're also butthurt about the current President of the United States of America. The last bit has nothing to do with the topic at hand, so that makes you either an idiot, or a troll.

    I hate it when people say something like that as if they were mutually exclusive.

  63. Yes I agree by jbolden · · Score: 1

    I agree completely in 2006-7 wikipedia used images to the degree they were legal. For example they would freely used a promotional image of a star if no free image was available. A policy of a bias towards copyleft but not not a requirement. Also they would use images licensed to wikipedia.

    Then the policies shifted to essentially nothing but GFDL unless you go through amazing hoops. The result is that images on wikipedia are far worse than they were 2 1/2 years ago and the rate of improvement is very slow.

    BTW I've contacted actors for photos they would be willing to SA3 or GFDL to wikipedia and they don't often write back.

  64. Am I missing an obvious point? by assertation · · Score: 1

    If a celebrity is so concerned that their wikipedia page has a frumpy picture why can't they just donate a picture under wikipedia appropriate license? Professional photographers looking for exposure/free advertisement via wikipage can also do the same thing, possibly even taking new pictures just for that purpose to avoid copyright issues. Do these people have to own every single picture they take or have taken of them?

  65. Re:Photographers do maintain the copyright of cour by commodore64_love · · Score: 1

    I don't understand people who think freedom is a bad thing.

    I don't own wikipedia, but if I did I certainly wouldn't want to lose more freedom by chaining myself with copyright. It's bad enough I have folks like the Congress, my boss, and Comcast* treating me like a slave..... I don't need a bunch of photographers or celebrities bossing me around too. "Remove the negative material from my bio, or I will issue a DMCA takedown notice against you." I prefer the freedom of not being someone else's whipping boy.

    *
    * I'm not really Comcast's slave, but due to computer error they charged me 3 months at $61 when I only have $10/month lifeline, locals-only service. I've tried several times to get that money back but being a monopoly, they've pretty much ignored all my requests because they know I have no other option.

    In other words they stole 15 hours of my labor. I'm not Comcast's slave but I feel like one - at least in part.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  66. fixed that for ya by aikodude · · Score: 1

    'To me the problem is the Wikipedia rule of public use,' says Jerry Avenaim, a celebrity photographer. 'If they truly wanted to elevate the image on the site, they should allow photographers to maintain the copyright.'"

    Dear Jerry,

    If photographers truly wanted to get their images seen in the biggest free encyclopedia in the world and reap the exposure and free credit, they should donate their works.

    There. Fixed that for ya.

    1. Re:fixed that for ya by Registered+Coward+v2 · · Score: 1

      'To me the problem is the Wikipedia rule of public use,' says Jerry Avenaim, a celebrity photographer. 'If they truly wanted to elevate the image on the site, they should allow photographers to maintain the copyright.'"

      Dear Jerry,

      If photographers truly wanted to get their images seen in the biggest free encyclopedia in the world and reap the exposure and free credit, they should donate their works.

      There. Fixed that for ya.

      Photographers have been hearing that line long before Wikipedia and even the web. People have always wanted free photographs in exchange for "exposure." which for the photographer translates to making no money of the photograph and not getting more paid work to compensate.

      It's a losing game. Do you really think someone will look at a photograph in Wikipedia and say "Hmm - I want to hire the photographer?" More likely, they'll use the photo for free and then email the photographer for additional free photographs, and then get all indignant when teh photographer actually wants to charge for more. After all, the one on Wiki is free, so why aren't the others is the thought process that occurs.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    2. Re:fixed that for ya by aikodude · · Score: 1

      Do you really think someone will look at a photograph in Wikipedia and say "Hmm - I want to hire the photographer?"

      not an average joe, most likely, but a pro publication? maybe.

      but then there would never be a thought to contact the photographer without the "promotion" from wiki. is that exposure worth nothing?

      if a photographer wants to not participate, they're perfectly free to do so. in which case, wiki will continue with the photos they're currently running.

      there's more than one way to make money off a photograph (or a song, or even a movie), and they don't all involve selling (licensing) copies of the material itself.

  67. The problem is your government, not Wikipedia by Anonymous Coward · · Score: 0

    Where do you live?
    Seriously, a permit to sell photographs? Is it possible to make a more stupid law?

  68. Re:Silly license by OneSmartFellow · · Score: 1

    Why shouldn't I be able to contribute a photo to Wiki without also granting people permission to sell it as a poster?

    If I print a book, and then leave it on a park bench, someone is free to come along, collect it, and sell it, without me receiving any money. If I wish to control the distribution of my books so that I make money when they are sold, then I had better not leave them lying around on park benches.

    You can't have your cake and eat it too !

  69. tldr version by Snaller · · Score: 1

    There are no good pictures on the site because of copyright greed.

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  70. Photographer can't release the photo anyway by Ilgaz · · Score: 1

    There is a reason why IMDB insists on these conditions for a basic headshot:

    "You may submit a resume and photos for yourself or an authorized representative may submit them on your behalf. Examples of authorized representatives include your agent, your publicist, your parent, or even a friend you asked to help you because you're no good with computers, just so long as they have your express permission. If you're submitting a resume or photos for a person who is deceased, you must be that person's heir or have permission from their heir(s)."

    Note that, that is the policy which disallows fans to submit photos even if they paid $25 for a "pro" account.

    The reason is simple, even some artists specific photos are owned by the movie company or the producers of that movie.

    So, these photoshop geniuses with high end cameras should ask their lawyers if they could actually release them.

    I have dealt with a Wiki editor for a celebrity photo and I haven't seen anything managed that professionally on the web. Perhaps only some very big Hollywood company could reach that kind of strict policy. They should have checked how the photos being in Wiki end up there, the process and they would agree me.

    A last note for them: Maintain your own portfolios on your own sites, Wiki is not a advertisement site.

  71. Re:Silly license by PhilHibbs · · Score: 1

    So you are saying that you don't want to contribute to Wikipedia, well that is your right. And you aren't surrendering your copyright, but you are giving away a licence to use the image for any purpose. You still have to be credited as the creator and copyright holder of the image.

  72. Ironic by Anonymous Coward · · Score: 0

    Wikipedia runs only pictures with the most permissive Creative Commons license

    Yet, oddly, has fallen out with the NPG after its copyrighted photographs were duplicated.

  73. Did the author have the right to put it there? by Nicolas+MONNET · · Score: 1

    If the photog took the pic and put it on FB without asking the subject, isn't that some sort of copyright infringement to begin with? So if you copy the picture, what are they going to sue you for? Infringing on their infringement?

    1. Re:Did the author have the right to put it there? by FireFury03 · · Score: 2

      If the photog took the pic and put it on FB without asking the subject, isn't that some sort of copyright infringement to begin with?

      No.

      So if you copy the picture, what are they going to sue you for? Infringing on their infringement?

      Two wrongs don't make a right. Generally they just make lawyers rich.

    2. Re:Did the author have the right to put it there? by mdwh2 · · Score: 1

      It's not copyright infringement - the photographer owns the copyright.

      There may perhaps be relevant other laws, such as model rights.

    3. Re:Did the author have the right to put it there? by wertarbyte · · Score: 2, Interesting

      Depends on the country you reside in. In germany, there is something called "Recht am eigenen Bild". It is forbidden to publish pictures of people without their explicit permission. There are exceptions of course for public figures and situations where the individual person is just a minor aspect of the picture taken.

      --
      Life is just nature's way of keeping meat fresh.
  74. Bad idea by hellocatfood · · Score: 1

    I think putting Copyrighted photos on there could be a bad idea. Imagine if the photo was used out of context.

  75. Re:Problem is by DaAdder · · Score: 1

    My workday just got "slashdotted"...

    Gee thanks!

  76. I thought we had all that allready. by Yamavu · · Score: 1

    The use of non-free images on wikipedia is bad enough as it is. Allowing users to maintain the copyright would make Wikipedia "just another website", not the collaborative resource it is now. If you really want to maintain copyright, you have to do on your own personal portfolio, where you are fully responsible for anything posted. Even Flickr, Deviantart, Picasa, and all the other photo sites take some copyrights for themselves. The fact that they hide it in a Submission Policy doesn't make you safe. But if you have a good photo and want to share it, not caring where it pops up, then Wikipedia is for you. Some commercial practices for Wikipedia have developed over time, but your exclusive copyrights are gone forever when you submit something under one of its very permissive licenses. You can still offer your photos on a non-exclusive commercial license but that's it, you can't sell your exclusive copyright anymore, because you waived it for a common good.

  77. Re:Freedom versus high quality - with a twist by Anonymous Coward · · Score: 0

    If I remember correctly, the first color photograph appeared in the New York Times on October 16, 1997.

    Actually, and ironically, I learned this on Wikipedia.


    So actually (and somewhat ironically), you didn't remember that date at all.

  78. To me, it went like this: by Hurricane78 · · Score: 1

    <cartman>
    Weell, weell, weell, you have a photo, you say?
    Sure you can upload it. But first you have to create an account.
    (5 mins later)
    Ok, nice. But I can't see you in this list of approved users.
    You want in there? Weeell, then you better wait at least two weeks.
    Then you can get into tier one. Which means, that one of our higher-level users might approve your image after upload.
    You know... so you can actually use it.
    </cartman>

    <me>
    Well, fuck that! *logs out and closes tab*
    </me>

    And you wonder why the photos (and images in general) are so bad...?

    --
    Any sufficiently advanced intelligence is indistinguishable from stupidity.
  79. Did the author get the concept of Wikipedia? by Biswalt · · Score: 1

    The author seems solely obsessed with entertainment figures, Placido Domingo, Hank Aaron, Michael Jackson, Dr. Phil, David Beckham, Oliver Stone, George Gervin. But what about pictures of nebulae, flags, geometrical shapes, natural phenomena, etc. I routinely use wikimedia commons for finding out how different things that I've never seen look! The point of wikipedia is not to have every single Michael Jackson picture ever. It's an encyclopedia not TMZ. Who cares if it's only got one bad image of George Gervin? At least it's got a picture so you can see what Gervin looked like. But if this article had been written by someone who understands the purpose of wikipedia we might have found out that while wikimedia commons has the one pic of Gervin, it's got 28 distinct pictures about solar flares, or check out national insignia and see how much visual info you get. Plus this author argues that it's bad the photos aren't improved! Is he arguing for photographic manipulation or something?

  80. Just how bad are those Wikipedia photos? by WereSpielChequers · · Score: 1

    Like Sir Fozzie I'm a volunteer Wikipedia admin, so I have a certain bias here. But looking at this http://en.wikipedia.org/wiki/Wikipedia:Featured_pictures collection of Wikipedia's best pictures is it really fair to dismiss all current photos on Wikipedia as bad? As for not being able to improve photos on Wikipedia, yes as with text Wikipedia is the encyclopaedia that anyone can edit, so if you can improve the photos on Wikipedia with better ones that you've taken yourself then feel free to load them and change articles accordingly. What I would concede though is that thus far Wikipedia's images have on average lagged behind text. Partly because a good digital photo from six years ago would probably now look low quality on modern screens, and partly because digital cameras have improved so much in the last few years. My prediction would be that this will tend to shift over the next few years. WereSpielChequers

  81. wikipedia actively discourages good photographs by johnrpenner · · Score: 1

    well not really - but sometimes it seems they do - everytime i've gone through the trouble of trying to add a decent image to an article, the wiki-nerds shut you down - yes, they need to be diligent - but at the end of the day its just too much of a pain in the @#%$ to get a nice photo on to wikipedia - who wants to fight the censors - its just not worth it.

    for example, i had added the wiki article for 'Jeff Johnson' (a great musician) - i emailed him, he actually emailed back. he sent me a photo that he chose and WANTED to have on wikipedia - even though the musician himself had provided the photo - the wiki-nerds deleted the image - its just too much trouble, and i cant be bothered to fight them just to get a picture up - so now the article runs without any picture at all -- i think my experience may be typical -- and thus = crappy or no pictures on wikipedia = the state of affairs.

    2cents from toronto island
    john penner

  82. Re:Freedom versus high quality - with a twist by Dr.+Evil · · Score: 2, Funny

    Memories are getting shorter these days.

  83. Re:Photographers do maintain the copyright of cour by larry+bagina · · Score: 1

    you could send a complaint to your state attorney general (they deal with that shit) or use small claims court.

    --
    Do you even lift?

    These aren't the 'roids you're looking for.

  84. Re:Photographers do maintain the copyright of cour by CopaceticOpus · · Score: 1

    If photographers want to use Wikipedia to advertise their portfolio, they should choose a few relevant, high quality photos, and release them under the required CC license. This license requires that the photographer be credited. Donating a few photos is a small price to pay for such publicity.

    I think photographers tend to be touchy about surrendering their rights because their position is tenuous. When the last several years worth of your work can all fit on a DVD-R, and it is becoming more and more difficult to distinguish it from the work of amateurs, anyone would feel a little defensive.

  85. same rules for everyone by agentultra · · Score: 1

    The authors of the text on Wikipedia do not retain copyright.

    Neither should the people who take the photographs.

    The public license is a benefit, not a detraction.

    For the good of public knowledge, not your personal gain.

    You'd think altruism was slowly being bred out of us.

  86. Don't forget the ShareAlike by Burlador · · Score: 1

    The CC by-sa license requires derived works to be free as well. If someone wants to include my image in a non-free product, she still has to pay me to use it.

    The equation commercial=evil doesn't work here, because commercially added value must be free.

    1. Re:Don't forget the ShareAlike by Burlador · · Score: 1

      I should qualify that statement by saying that aggregate works (called "collection" in the license text), such as text with the image separate, may be non-free. Cf. Attribution-ShareAlike 3.0

  87. They're not: by Lemming+Mark · · Score: 1

    http://en.wikipedia.org/wiki/Wikipedia:Featured_pictures

    Certain classes of photos (e.g. celebrities) might be lacking but it's hardly true that Wikipedia photos in general are poor. I'm sure the celebrity photos will also improve over time.

  88. Recognizing opportunities by Durova · · Score: 2, Interesting

    Wikipedians as a culture have a habitual weakness of assuming that everyone who contributes is Joe-Schmoe-from-Iowa-in-his-bathrobe. A year ago Jerry Avenaim came to the attention of Wikipedia's featured picture program with this nomination.http://en.wikipedia.org/wiki/Wikipedia:Featured_picture_candidates/Mark_Harmon It was nearly speedily closed until I realized the photographer was an active editor and wrote to request a larger version, and even afterward some editors refused to support because they wanted to change the size requirements. They weren't seeing the significance of getting material from a leading Hollywood portrait photographer. Last week I was talking to Noam Cohen and mentioned Jerry Avenaim's contributions. Showed him Jerry's Wikipedia volunteer work. Noam loved the idea and apparently Noam's editors did too. Thank you, Slashdot, for also 'getting it'. Let's hope this story encourages more photographers to donate their work.

  89. There are MANY CC licenses... by cfalcon · · Score: 1

    The quote in question, from a photographer who DOES distribute images, has been taking a bit out of context. What if wikipedia also allowed images that are *non-commercial* share alike? In those cases, the only folks denied the use of the images are magazines and newspapers and such that want to grab a photo without paying for it, and then charge money that doesn't benefit the photographer.

    That's what he's saying wikipedia should consider.

    1. Re:There are MANY CC licenses... by slim · · Score: 1

      The quote in question, from a photographer who DOES distribute images, has been taking a bit out of context. What if wikipedia also allowed images that are *non-commercial* share alike? In those cases, the only folks denied the use of the images are magazines and newspapers and such that want to grab a photo without paying for it, and then charge money that doesn't benefit the photographer.

      That's what he's saying wikipedia should consider.

      And the point is that Wikipedia doesn't *want* to exclude commercial use of its media. WP is meant to be a free resource for *everyone*, commercial or not.

  90. Re:Freedom versus high quality - with a twist by Anonymous Coward · · Score: 0

    Not to mention that there are all sorts of awesome photographs and other illustrations on Wikipedia created by Wikipedians:

    http://commons.wikimedia.org/wiki/COM:QI

    and

    http://commons.wikimedia.org/wiki/Commons:Featured_pictures

    (not all featured pictures are wikipedian created, but they are all freely licensed)

  91. Who's complaining? by morgauxo · · Score: 1

    "Representatives or publicists will contact us' horrified at the photographs on the site, says Jay Walsh" All they have to do is put their money where their mouth is. If they want a good photo posted then they can certainly find a good photographer who will sell them the copyright to one. Certainly it's more expensive but it can be done. Then all they have to do is license it CC and send it in. Let the publicist or representative who thinks having a quality pic on Wikipedia pay for it. It's not Wikipedia's problem that they should have to change just so some celeb looks good on the internet. Otherwise, if it's not worth the money then they can just stop talking about it.

  92. Re:Photographers do maintain the copyright of cour by vlm · · Score: 1

    I think photographers tend to be touchy about surrendering their rights because their position is tenuous. When the last several years worth of your work can all fit on a DVD-R, and it is becoming more and more difficult to distinguish it from the work of amateurs, anyone would feel a little defensive.

    Musicians, journalists, authors, and programmers are not treated with kid gloves like photographers are. Tell them to toughen up and join the club.

    --
    "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
  93. News to world: the Articles suck, too by blair1q · · Score: 1

    The articles suck, too.

    I doubt you could find a single one that doesn't contain an error in its facts. Even among those about people who are alive and use computers and the internet and can edit the wikipedia themselves.

    And the writing? Bollocks.

    The truth is, Wikipedia is a jumble of random statements collected under meme headings.

    Every bad picture is worth a thousand bad words.

  94. They clearly don't get it by popo · · Score: 1

    "'If they truly wanted to elevate the image on the site, they should allow photographers to maintain the copyright.'" ...and I suppose they could go one step further and allow writers to keep the copyright too.. Oh wait, that goes against the entire concept of Wikipedia.

    If publicists are so "horrified" by the photos on the site, they should buy the rights to the photographs from the publishers, and release the rights to the public for use on Wikipedia.

    Why is this so complicated?

    --
    ------ The best brain training is now totally free : )
  95. Twice nothing is still nothing by westlake · · Score: 0

    Wikipedia is not a celebrity fansite. It's about information. If the information is sufficient to allow f.i. to tell a Mr. Clooney from a Ms. Berry, the goal has been achieved.

    No it hasn't.

    The right photograph can sum up the essence of what made the man or woman the star:

    Thursday Thirteen: The 13 Most Handsome Classic Movie Stars, Thursday Thirteen: The 13 Most Beautiful Classic Movie Stars

    The geek sets the bar too low.

    He confuses quantity and quality. Raw data with information.

    Depth. Meaning. Context. Understanding.

    1. Re:Twice nothing is still nothing by ta+bu+shi+da+yu · · Score: 2, Insightful

      Oh please. Those are images that they would like one to see. You could also state that the images are misleading as they don't show what the person looks like ordinarily. I think your argument is somewhat specious.

      --
      XML is like violence. If it doesn't solve the problem, use more.
  96. License It by Bob9113 · · Score: 1

    Redundant, I am absolutely sure, but I've got to say it too.

    'To me the problem is the Wikipedia rule of public use,' says Jerry Avenaim, a celebrity photographer. 'If they truly wanted to elevate the image on the site, they should allow photographers to maintain the copyright.'

    "To me the problem is Jerry Avenaim's failure to grasp Wikipedia," says Bob9113, a Slashdot geek. "If he truly wants to get an image posted on Wikipedia, he should license it in a way that suits the principle purpose of Wikipedia."

    Wikipedia is a shared public repository of information. The word "shared" in the previous sentence is perhaps the single most significant component in the Wikipedia success story. Removing it would be like taking the engine out of an automobile -- pretty much defeats the purpose.

    Wikipedia is not a place to host your portfolio or rack up resume items, it is a Free encyclopedia. You can use it to do the former, but only if you are willing to respect and support the latter.

  97. Why has some retard tagged the story 'freetards'? by Anonymous Coward · · Score: 0

    If he is unhappy about the licensing standards of Wikipedia, just refrain from using it? In the meantime, the rest of the world will enjoy the freedom to use and distribute the content as it please.

    Some people just can't get the fact that the whole world wasn't created for their sake.

  98. Wikipedia could just have a celebrity fund raiser by Zakabog · · Score: 1

    I feel like if they really wanted to, Wikipedia could host a celebrity fund raiser. The celebrities would come in, have their photos taken, then Wikipedia would auction off large autographed prints of the photos. The proceeds from each photo would go to whatever cause the celebrity wants to support, and Wikipedia could just find a good volunteer photographer willing to release photos under whatever license Wikipedia wants (and I know plenty of good photographers, myself included, that would do this.) That way the celebrities can get some free publicity while helping a good cause, and Wikipedia could get some free high quality photographs under whatever license works best for them.

  99. Look, But Don't Touch by dcollins · · Score: 1

    "I can see how this could be made to work. Have a 'better' photo for use on wikipedia.org, and point to an alternate free copy for use e.g. when other sites re-use wikipedia."

    So then I cannot (technically within the law) just print out a Wikipedia page and hand it to somebody else. I have to go check licenses and re-mix with secondary images, etc. Far too much hassle.

    Wikipedia becomes "Look, but don't touch".

    --
    We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
  100. Out-dated "feature" of IP laws by Larry_Dillon · · Score: 1

    This isn't so much a Wikipedia problem as it is a problems of copyright laws not keeping up with the pace and realities of modern society/culture/technology. It's sad that our overly broad, overly restrictive intellectual property laws, written by and for Big Content providers have derailed the original intent of these laws to protect artists and creativity.

    --
    Competition Good, Monopoly Bad.
  101. Re:Freedom versus high quality - with a twist by westlake · · Score: 1

    If I remember correctly, the first color photograph appeared in the New York Times on October 16, 1997.

    And what of the Sunday Times? The magazine section?

    Color printing on newsprint was never an easy problem to solve. You do not want a slightly-out-of-register color photograph on the front page.

  102. Homemade Images by jjohnson · · Score: 1

    The obvious solution for much of Wikipedia's image needs is for talented users to take their own photographs of a page's subject and submit them under whatever licence Wikipedia prefers.

    With that, I give you a snippet from the User Talk page of Richie X, an entirely too enthusiastic submitter of homemade photographs in the category "genitals" (no pictures on the linked page, thankfully):

    If you wish to show your equipment to the world, there's about a billion pages out there to do that. I however do not believe this to be the goal of Wikipedia, Commons, or any related project. And in accordance with Note: This gallery does not need more general home-made images of penises. If you upload a home-made photo of your penis, do not be surprised if it gets deleted. in the header of the Penis-Gallery, I will continue to delete home-made pictures without any encyclopedic use. Lennert B 17:26, 18 February 2008 (UTC)

    Images despoticly deleted by Lennert B were primarily in the category shaved genitalia, there are not many male images in this category. Obviously Lennert B wants omnipotently keep only female images there. This is not a suitable or an equal way of handling things under admin rights. Richiex 13:18, 20 February 2008 (UTC)

    --
    Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
  103. Take a look at the Lipoma Article by Anonymous Coward · · Score: 0

    The Lipoma article has a real body part on it too :)

  104. A Software Alternative?? by artgeeq · · Score: 1

    In areas outside of copyrighted photos, such fine art, the photos seem to be very good. For example, search for Rembrandt. So far as photos of current celebrities, however, isn't there a way to create a composite photo of the many photos already in existence? In some sci-fi entertainment, I've seen where computers could simulate moving images of people, but is this science fiction only? Presumably, a simulated photograph could not be held subject to copyright.

  105. Point of View by Demonantis · · Score: 1

    'To me the problem is the Wikipedia rule of public use,' says Jerry Avenaim, a celebrity photographer. 'If they truly wanted to elevate the image on the site, they should allow photographers to maintain the copyright.'

    I read that and then this article started to really bug me. I was fine with most of what was said, but Jerry doesn't understand the beliefs of wikipedia. Its suppose to support the open distribution of information through a forum. I tried to figure out a less rude way of saying this, but Jerry is basically trying to suggest that Wikipedia should support the capitalist system we want to impose on them instead of the open one they currently support. Or even more simply put, its their fault we don't want to play nice.

  106. The Third Copyreich by Cinnaman · · Score: 1

    This issue basically disillusioned me with wikipedia to the point that it was more trouble than it was worth trying to contribute to the site. When there are literally hordes of people constantly patrolling the ENTIRE SITE for images that are not 100% certain to be public domain and orphaning them so they get deleted if undefended by the uploader, there is no chance of even unofficially putting decent images on there. Many, many people there either sleep with a copyright statutes under their pillow or use image orphaning as a way to curry favour and be promoted to admin status so a barren, near image-less wikipedia is the victory that the hordes of copyright nazis fought long and hard for.

  107. Re:Problem is by b+laurienti · · Score: 0

    I don't know, this one is pretty good: Brazilian Bikini Wax

  108. It's a dying business model by bzzfzz · · Score: 2, Informative

    Independent professional photographers have a mindset that they are being paid for the end use. If you want a portrait of your wife to hang on the wall, they want to sell you a portrait of your wife to hang on the wall, and they will charge a fee based on the size and the framing and other add-ons. If you want a portrait of someone to include in your employer's annual report, they want you to pay for that, based on the size and the quantity, even though the actual production won't be done by them. If you want a stock photo of two adults holding hands while walking down a path by a lake, they traditionally wanted you to pay for size, type of use, and quantity, though now there's so much royalty-free stock that's out there that this model is starting to wane.

    But in real life that started to change a long time ago. Most commercial photographers working low-end to average corporate gigs (product photography and PR) are willing to sell all rights (possibly holding back a nonexclusive license to use their own work in portfolios and the like) in exchange for a reasonably generous day rate. Magazine and news photographers are generally employees operating on a work-for-hire basis. The low end wedding and portrait photographers charge a shooting fee only; the media is their deliverable and it comes with all rights. That leaves the higher end portrait and corporate photographers as the last bastion of the old, royalty-based model.

    The whole point of Wikipedia is to be freely redistributable. A Wikipedia that contains sufficient material licensed on a "Wikipedia only" basis, as many photographers would like, does not serve this goal any more than binary-only drivers and code (or source licensed for non-commercial use only) serve GNU/Linux. A major misunderstanding regarding Wikipedia is that the Wikipedia's mission is to have a popular web site. It's not; it's to create free content, and this goal is not something that Wikipedians are willing to negotiate away in exchange for pretty pictures. It is the undefined nature of the possible end uses for the content that professional photographers don't like.

  109. You pay a TV tax too! by Anonymous Coward · · Score: 0

    And a newspaper tax!

    And a CEO tax!

    And since they pay for their software with money they take off you, a Microsoft tax!!!

  110. Wikipedia not there to make celebrities look good by Animats · · Score: 1

    Wikipedia isn't there to make celebrities look good. From a historical perspective, an honest picture is better than a carefully posed and manipulated one.

    If a celebrity has been arrested, their picture on Wikipedia is likely to be a Government mug shot.

  111. Need more serious amatures.... by carterhawk001 · · Score: 1

    I share wikipedia's aim of freely redistributable content and images, so when I have a photo that's helpfull I upload it. I'd like to think that a few of the photos I take are better than what someone took with a little digicam. http://commons.wikimedia.org/wiki/File:Soarin'_Over_California.JPG It might be quite soft, but the wide angle can't be beat.

  112. not news by Crispy+Critters · · Score: 1

    This is a well-known bit of US copyright law. If you are a programmer hired by a company to write code for them to use, you probably do own the code unless your contract states otherwise. You may think that paying someone to create something should mean that you own it, but that's not what the law says. Look up work for hire and read your contract.

  113. Re:Freedom versus high quality - with a twist by Anonymous Coward · · Score: 0

    Too bad Wikipedia doesn't mention why the New York Times didn't print color photographs.

    Of course, the first full color image on Wikipedia couldn't have appeared until around 4 years anyway. I wonder why.

  114. Re:Silly license by Ciggy · · Score: 1

    What do you mean by "300x400 resolution" photos?

    I have a stack of my wedding photos done digitally, Picking two of them, they are both 640x480 "resolution" (in your terms). However, one of them shows a fairly good picture of my wife's upper body, whilst the other shows a ridiculously large picture of her nose!

    The fact is that the first is at a resolution of about 120dpi whereas the second is at a resolution of about 670dpi and I cropped a 640x480 rectangle (just covering her nose) - the whole photo is 4304x2680; at the given resolutions, they both print at about 6"x4". Obviously the former would suffer quite badly as the size of print increased.

    My 18" [visible] monitor is running at 1600x1200 or about 110dpi. If I view the photos pixel-for-pixel, the first appears complete at about 6"x4", whereas the second (complete, not just the "nose" extract) only shows a part of it (on the whole screen).

    If wikipedia is mainly intended as an online encyclopaedia, then surely it doesn't need pictures with a resolution greater than about 110 dpi (which also has the advantage of less bandwidth to download them)?

    --

    A rose by any other name would smell as sweet;
    A chrysanthemum by any other name would be easier to spell
  115. Why even hire out? by Mal-2 · · Score: 1

    Why hire out for the pictures? I'm sure most stars could pull something reasonably flattering (or at least more to their liking than what's on Wikipedia) from their own personal photo collection. If not, how hard is it to hand the camera to the waiter on the next restaurant visit and ask him to take a picture?

    Stars meet and greet each other all the time. Could they not exchange cameras then snap away so that each person is then in possession of their own pictures?

    Mal-2

    --
    How is the Riemann zeta function like Trump rallies? Both have an endless number of trivial zeros.
    1. Re:Why even hire out? by DragonWriter · · Score: 1

      Stars meet and greet each other all the time. Could they not exchange cameras then snap away so that each person is then in possession of their own pictures?

      Pictures of stars that are of a quality that the star is going to want them in public probably require professional photography (including retouching.)

      If they were happy with the quality of casual snapshots, they wouldn't be complaining about what is on Wikipedia now.

    2. Re:Why even hire out? by Mal-2 · · Score: 1

      I can't speak for the stars, but I'd much rather have a casual snapshot I personally approved than one taken by a random stranger.

      Mal-2

      --
      How is the Riemann zeta function like Trump rallies? Both have an endless number of trivial zeros.
    3. Re:Why even hire out? by jesset77 · · Score: 1

      If they were happy with the quality of casual snapshots, they wouldn't be complaining about what is on Wikipedia now.

      I don't know if the "quality of a casual snapshot" is the issue as much as "the quality of a casual snapshot taken by someone the star was trying hard not to be seen by".

      Something as simple as the publicist's lacky hefting a mid-range, 10mpx digital camera in a well lit corner of the office with the star dressed well and in make up, and if it still needs to be touched up get some photoshop nerd at the office to do it. You have basic presentation and a model who is focusing on looking good for the shot for less than $1k of everyone's time so you don't need to drop 100k on a studio and who know how many times that to bicker over the rights. This will get you a much better shot than the grainy, pockmarked image you complain about on wikipedia on the cheap.

      Then is $1k too much for publicity? How else do you defend the ROI of your beamer, sir?

      In truth none of it has to do with favorable representation or compensation for photography. It simply has to do with certain publicists hoping to pressure the wikimedia foundation into granting them ownership over a small corner of the encyclopedia. If WM caves, it means they would have to seek permission to republish the encylopedia in different forms.. to provide copies in developing countries.. freeze copies to CD, and that's when the gouging would begin. It also means all the about.com's of the world could no longer freely copy from or expand upon content from WM without picking out the grisle.

      So yeah, it's largely an example of why and how copyright in general is absurd. Applying copyright to a work devalues it to others, and makes them seek alternatives even if they have lower objective quality. It debases your work. Sure, you put a restrictive license on your gratuitously expensive photograph which means you get to drag random people into court in the future if you become displeased by the manner in which they come to use it. What good does that do you when we'll all simply obtain creative commons or public domain photographs whose use cannot threaten to harm us? Or, if you've made certain none exist, we just won't represent your precious star. I'm sure there is someone, somewhere willing to take the risk that people will figure out what they look like, even if it means that there is no legal recourse when someone publishes a copy with a mustache painted on.

      Put simply: represent yourself, and your clients, to the world in a manner we can envelope without danger to ourselves, or else we'll be forced to do the representing for you (as we have done). We would love as much as you for your star's picture to be pretty and shiny, but we're not stupid enough to sign our soul to you for the privilege.

      --
      People willing to trade their freedom of expression for temporary entertainment deserve neither and will lose both.
    4. Re:Why even hire out? by Firethorn · · Score: 1

      I don't know if the "quality of a casual snapshot" is the issue as much as "the quality of a casual snapshot taken by someone the star was trying hard not to be seen by".

      Browsing through star's wikipedia shots, most don't look too bad, but aren't 'professional'.

      If they want to better that 'quality', it'll take some effort. The limit is the promoter's/star's budget for that stuff.

      David Weber(author) probably worries less about that sort of stuff than Brittany Spears or Madonna would.

      --
      I don't read AC A human right
  116. I am a professional photographer by Anonymous Coward · · Score: 0

    I was contributing to wikipedia for a while. Specifically, I was submitting several high quality photos of vintage instruments.

    However, ALL of my photographs got taken down. I did everything that I could to
    A: Prove that they were taken by me.
    B: Provide all the proper releases.
    C: Provide proper attribution so a third party could independently verify that all of the images were free and clear to use.

    Eventually, all of the photos that I submitted were taken down because of a case of moderators thinking that it was to good to be true. Take downs normally boiled down to someone saying that the pictures I submitted, although they had proper releases, look like they were stolen from a real photographer.

    It was a insulting, and eventually got to the point of not being worth the effort.

  117. copyrights of photos? by z-j-y · · Score: 1

    it's generally a ridiculous concept. you aim and push a button, what creativity? even a caveman can do it.

    1. Re:copyrights of photos? by DwightMcCann · · Score: 1

      Yup, and any idiot can program, too! If you don't believe it, just run Windows! While you are right, that with modern digital cameras almost anyone can get good pictures on occasion, the professional gets good pictures on demand, even under very adverse conditions. To do so requires expensive equipment and years of experience. And the image process isn't instantly complete when the shutter is pressed ... there is significant post processing. OTOH, I guess one could say, "Any idiot can paint. You just dab a bunch of color on a canvas!" "Any idiot can practice medicine, you just prescribe a bunch of pills from a book." "Any idiot can comment on /. ... just look!"

      --
      Nothing clever
  118. MOD PARENT UP by BenEnglishAtHome · · Score: 1

    A photographer who thinks rather than clinging to outmoded business practices deserves to have a few mod points thrown his way.

  119. Re:Wikipedia not there to make celebrities look go by Kaboom13 · · Score: 1

    I wish I had mod points. Why on earth would wikipedia be interested in presenting the "image" a celebrity's publicist is trying to push? It's not reality. The whole point of a publicist is to create a perception that is better then reality. I think candid photos of a celebrity on an average day are much better at presenting the truth of what that celebrity looks like. Much like you are not supposed to make articles about yourself, people should be forbidden from uploading photos of themselves, especially if a photo from a neutral source is available.

  120. Re:Photographers do maintain the copyright of cour by Dragoness+Eclectic · · Score: 1

    I find that not paying the overcharge gets them to pay attention when you call customer support.

    The magic words are "I'm disputing this charge". Try it.

    --
    ---dragoness
  121. Contributing is not easy by Anonymous Coward · · Score: 0

    I'd gladly give all of my Flickr photos (culled for quality and properly tagged and titled), but I've found it confusing and cumbersome to contribute images to Wikipedia.

  122. Re:Silly license by orngjce223 · · Score: 1

    Simple. Give Wikipedia a 200x300 JPEG picture at medium quality, keep the full size RAW for yourself. You can't make a poster from a 200x300 picture unless you really like horrible image artifacts blown up to the size of your hand and pixelated to boot, which means that probably nobody would bother making or buying one anyway. No self-serving person/media outlet will use a 200x300 picture if they want to print anything of substantial size.

    It's a lot like people like Fir0002 who license pretty good-sized pictures to WP and keep better-bitrate pictures so that they can sell them. (The guy in question also gets plenty of nice shiny stars for his work. :P)

    --
    Note: I was 13 when I wrote most of this. Take with several grains of salt.
  123. Re:Silly license by lilburne · · Score: 1

    I don't contribute either. My photos appear on academic sites, articles, blogs, and advert free news services etc. I have images of things of which there are no other online sources. However, these will never appear in wikipedia precisely because they insist on them being licensed for commercial use. They never will be, they will only ever be licensed CC-NC. If you want to use an image commercially pay the price. Oh and don't bother asking me as they are NOT for use commercially.

  124. As a Photographer....... by Chaotic+Spyder · · Score: 1

    Being an amateur enthusiast photographer, I regularly upload my pictures directly to flickr, which applies the CC licence and then upload from there to Wikimedia, which is effectively Wikipedia. I have even found a number of my pictures that have worked their way into Wikipeida, which are licenced properlly and linked back to my flickr account by some complete stranger who was able to find my work on flickr.

    Specifically the picture of Slash was mine taken at a show in NYC, with a small point and shoot.

    This story of free photography is not new to me.
    People like me who take pictures because they enjoy doing so and enjoy the idea of licencing their pictures with the Creative Commons are becoming quite a hot topic with pros.

    I just spent 2 weeks volunteering at Ottawa Bluesfest. As a volunteer i get free access to the entire festival. For starters this festival allows any camera for anybody, which is quite rare. I know NIN allows this on their last tour but i am not aware of any other festival that has relaxed camera policy. The only advantage as a volunteer I got was to sit backstage and talk to the photographers between sets. every picture I took was from general admission and not backstage or in the photo pit, which oddly enough was where i was a volunteer.

    Their main complaint was that people like me were flooding the market with free "good enough" photographs. while there was no argument that their work was better. But I was permitted to stand in general admission for the entire set and shoot as long as i wanted, with this "machine gun" shooting strategy almost anyone can get a decent picture or 2, While the pro's were only permitted to shoot for 2 or 3 songs. Is this fair? I think so but that's another story.

    The pro's I talked to were strongly against any free photography and every pro i talked to was sure to add "and stop using flickr" as part of the advice given.

    Is this a market that will flip upside down, just like music sales..? Maybe
    Are the pro's stuck on the current path and unwilling to change..? For sure
    Will pros start giving pictures to Wikipedia..? Not the ones I Taked to.
    Do I love the fact that I am contributing to Wikipedia by providing better photographs..? Yes!

    --
    Losers whine about their best, Winners go home to fuck the prom queen
  125. Re:Silly license by slim · · Score: 1

    However, these will never appear in wikipedia precisely because they insist on them being licensed for commercial use. They never will be, they will only ever be licensed CC-NC.

    Then it's proper that you don't contribute to Wikipedia, because your values don't coincide with Wikipedia's aims.

  126. barvennon by barv · · Score: 1

    Theres lots of income options besides concert tours. They just don't make you so rich. If you want to pay the rent, go play at the local club. If your music is really great, fans will travel from everywhere to wherever you choose to play.

  127. Not according to the wiki-thieves by Anonymous Coward · · Score: 0

    If you license an image as CC-BY-SA then all versions of the image are CC-BY-SA not just the low res that you uploaded to wikipedia. Its the work that is licensed not the particular digital file. So if a wiki-thief happens upon a larger size they can upload that one to wikipedia and Fagin will spend his time justifying it.

  128. Re:Silly license by lilburne · · Score: 1

    That's what I said. They chose to have crap images. I chose not to supply commercial entities with my work.

  129. Re:Silly license by DragonWriter · · Score: 1

    I'm afraid this is a common misconception. Copyright refers to, literally, the right to copy something. If I give everyone in the world, or even just one single person, the right to copy an image, then I have _effectively_ surrendered my copyright.

    Copyright refers to a set of exclusive rights granted to particular people ("copyright holders") with regard to specific works (which works are covered, and exactly which rights are included, are matters of the differing laws of various nations.)

    If I give everyone in the world, or even just one single person, the right to copy an image, then I have _effectively_ surrendered my copyright.

    No, you have licensed your copyright. Unless this is part of a contractual exchange (in US law, at least) this license is revocable at will. Even if it is part of a contractual exchange, their right to copy the image (and their right, if any, to transfer that right), insofar as it is a use of your rights under copyright, extends only so far as you have provided for it to in the terms of the license. You have no more surrendered your copyright than you have surrendered your ownership of your home when you allow someone else to enter it.

    No, its true, that you may give up the control that makes the copyright valuable to you if what you value is control and you give a license which include broad rights to sublicense. But that doesn't mean you have "surrendered" your copyright, even effectively. For some people, they want certain of their works to be widely distributed, but, e.g., they want credit for them -- and for them, distributing works under a license which creates broad rights for the licensee to distribute the work with attribution isn't "surrendering" their copyright, its leveraging it most effectively to serve their interests.

  130. Wikipedia in Spanish (ES) is even worst by stm2 · · Score: 1

    ES.WP doesn't apply "fair use". See this: http://es.wikipedia.org/wiki/Batman

    --
    DNA in your Linux: DNALinux
  131. copyright law is more complex than you think by stevenj · · Score: 1

    It's called copyright law. Yes, it is a pain, but that's not Wikipedia's doing.

    The problem is, getting permission just to "use" an image on Wikipedia is not enough. You need to get permission to use it under a license compatible with Wikipedia's goals: it has to permit the image not only to be used, but also to be redistributed, modified, even sold (although you can require redistribution under the same terms allowing free redistribution etc.). Furthermore, you need to get permission from the owner of the copyright - as other posters have noted, this is often the photographer, not the subject of the photo.

    I'm sorry you had difficulty contributing to Wikipedia, but don't blame Wikipedia for diligently attempting to follow copyright law, or for your own ignorance thereof.

    --
    If a thing is not diminished by being shared, it is not rightly owned if it is only owned & not shared. S. Augustine
  132. It's Worse Than That! by DwightMcCann · · Score: 2, Informative

    I am one of those professional photographers who has submitted some images to Wikipedia. I did so with attribution required. Shortly after I submitted my images, they were deleted and then resubmitted without any restrictions ... remember, anybody can edit anything! Many of my images, such as those of Taylor Swift are spread all over the internet and most have no attribution. I can't afford to get nothing for my work ... my cameras, computers, printers, everything has to be paid for as well as my mortgage and health insurance. Rather than fight it over and over I simply stopped submitting images. The only ones I submit now have big logos on them ... and many of those are then edited to remove the logos.

    --
    Nothing clever
  133. Website idea by BlueYoshi · · Score: 1

    Why not start a website where:
    1. Everybody can upload their picture with the licence asked by Wikipedia.
    2. Lets everybody vote for of their favorite celebrities picture .
    3. ...
    4. profit

    NB: step 3 could of course be monetarization of the votes

    --
    "Use cases are fairy tales..." I. S. 2005
  134. Photography is a bit different..(Lunzo) by barv · · Score: 1

    Not really. Photographers who were very good at their trade would get very high pay from e.g. people who wanted flattering (or whatever) publicity shots.

  135. In a civil suit, two wrongs ... by Nicolas+MONNET · · Score: 1

    do seem to make a right. To wit, defendants in a patent infringement suit almost always counter-sue based on a patent they own, and the whole thing is usually settled out of court.

  136. In this context of a concert by Nicolas+MONNET · · Score: 1

    doesn't the band have a copyright on their act?

  137. As long as your not naked, does it really matter by Anonymous Coward · · Score: 0

    I feel that the celebs should not care weather they have a "low resolution" picture on a website because they do not need to be picture perfect every single time. On the other handpeople should get permission from the people before they put them on the web.

  138. Are the pics really that bad by Anonymous Coward · · Score: 0

    The pictures on Wikipedia are not that bad and I think that celebs need to chill.......Just because they are caught eatin a hotdog at a baseball game does not give them a good reason of why they should call wikipedia all angry. On the other hand, the only reason they should be angry because they have pictures posted of them without their permission. But still, as long as the pic is not degrading, then there should not be a problem

  139. Anonymous coward by Anonymous Coward · · Score: 0

    I feel as though what Wikipedia is doing i reall don't care about it. For one is because it's a piture and if it don't relate o me than theirs no need for me to worry about it. But i also understand where others are coming from with their concern about this issue and i rsspect that, but i just don't care bout it. I feel as though what wikipedia is doing is wrong to the celebrities but than again i also feel for the photographers as well. life will still go on withought it so it don't matter.