Tag Archives: rights

BBC Ripping Off Flickr Photographers?

It seems the venerable bastion of public-funded media, “Auntie” BBC, is being a bit naughty when it comes to sourcing photography from Flickr users according to Editorial Photographers UK

Mark’s or Sparks’ clever wheeze was to sign up with the photo sharing site, then attempt to persuade his new friends to hand over their work to the Beeb – for free naturally. Of course there’s nothing new in cheapskate editors scouring Flickr for freebies. And the Beeb has excelled in its pursuit of license payers for free content for its viewers’ galleries, all under the terms of an infamous contract that allows the BBC to earn money from the pictures while placing any uncomfortable legal repercussions firmly on the contributor. But the Sparks scam has a whole new spin to it. He doesn’t just want pictures for the viewers’ gallery; nor is he asking if he can use existing material to illustrate BBC stories. He wants people to agree to give him unfettered access to all future material that might be posted on Flickr, thereby creating a constantly updated pool of images that the BBC could access at any time for free, and of course resell at a profit. A picture library for free in fact.

.. it seems also they are not above just taking what they want either …

But oh dear, what’s this then? Why, it’s a picture lifted without permission and used on the BBC Scotland news website! It’s not as if Sparks and Co couldn’t have asked. The original image had an almost indecent amount of copyright and contact information, not only in Photoshop’s File Info, but underneath it on the website where it was first published. Presumably BBC Scotland work at such a fast pace they simply can’t keep up with the number of pictures they lift without permission.

You can see how a photographer would be flattered and would be willing to offer up their work just for the portfolio/resume potential and bragging rights. The BBC though should be above this kind of thing, they should be leading the way in fair treatment of the public as they are supposed to be there to serve the public. They will get nowhere arguing they are under funded, they are certainly well funded in comparison to other media outlets who do pay and are not propped up by a television tax.

Personally I see nothing wrong with the BBC asking for free contributions. The pictures are submitted voluntarily after all. They just need to get their legal people to be a bit more fair with what they have people agreeing to.

See the full discussion at flickr here

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Top Ten Things NOT Safe To Photograph

Wow did this guy have a stroke of bad luck. Fotolia CEO Detained by Police for Taking Pictures

Early afternoon in Paris today, Fotolia CEO Thibaud Elziere was out for a walk and testing the new Nikon D80 digital camera. However, one image would change the rest of his day.

Walking down the Rue Vaneau in Paris, Thibaud captured an image of a CCTV camera [...] Within minutes, Thibaud was approached by the French Police and detained for the better part of the day.

Unknown to Thibaud he had captured the CCTV camera of the French Prime Minister’s personal residence and caused a great security concern. According to Thibaud, there were no signs or warnings about photography in the area. A simple click and his day was ruined.

The police questioned him about what he was doing in the area, if he had any terrorism connections, about his work, and why he would want to take a picture of a CCTV camera. Thibaud relates that his first answer of “taking pictures for fun” did not satisfy them. He soon outlined his connection with Fotolia and testing the camera. After 8 hours of questioning and background checks, they returned his camera and escorted him home.

It seems from what I read in the article this could have happened to any one of us. You take a picture of a building, for whatever reason, next thing you know you are being questioned by policemen about if you have any terrorist connections. What can you do, stop taking pictures of houses?

We are increasingly being warned not to take pictures of anything (or anyone) which might be construed by the paranoid as a terrorist threat but how was he supposed to know this was the home of someone important without any signs or notices. Just CCTV present does not necessarily imply that the resident is someone of national or defense importance, the guy might have an expensive car etc.

So now we have a new entry in the top ten things you can’t safely photograph

  1. Underground/Tube/Buses
  2. Refineries or other Industrial plant
  3. Police
  4. Government buildings
  5. Bridges
  6. Tunnels
  7. Shopping malls
  8. Airports
  9. Office Buildings
  10. Houses

Have I missed any?

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Photography Permission Denied

Here’s the scenario. You know there is a pretty cool place you want to photograph (non-commercially) but you also know even though the exposure would be good for them they might not take kindly to you “sneaking” some pics without asking so you write off and ask permission.

That’s what Thomas Hawk did, and they said no. Even though there is already a bunch of pictures floating around and he might bring in some much needed attention for the museum.

This place I had never heard of until he wrote about it, The Neon Museum, thinks keeping images of it protected helps with their mission of “cultural enrichment for diverse members of our international community” (it seems they only want to serve the international community of ‘driving distance from the museum’).

I just got back a rather disappointing email from the Neon Musuem in Las Vegas. I had written to the musuem to inquire about taking photographs of some of their neon signs this past weekend while in Las Vegas. I’m not going to link to the museum. You can find them on Google if you want. For those of you who don’t know what the Neon Museum is, it’s a boneyard of sorts of many of the old Las Vegas neon signs. It’s a place that these signs go to die and the non-profit Neon Museum states their mission as “to collect, preserve, study and exhibit neon signs and associated artifacts to inspire educational and cultural enrichment for diverse members of our international community.” Unfortunately their policy with regards to photography does not seem to fit with their stated mission.

What they should have said was “If people can see your pictures for free who is going to visit and put money in our donations box”. Then they would have a point. It would be tempting for Thomas to just go and sneak some pictures like everyone else but then he would lose his moral high ground, I really doubt he will stoop to that.

It’s not an easy thing, on the one hand without publicity no-one will visit so they close, on the other if people can see the stuff without visiting they close any way. Really they should be smart and work out a limited way that he can take some pics and they get good coverage without giving away the whole thing. Until they do that, they are just making their mission a joke.

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The War on Photographers

PopPhoto has a great article on photographers falling foul of the police and security guards for taking pictures called The War on Photographers

amateur and professional photographers all over the country are being stopped and harassed with no legal basis. As digital cameras proliferate wildly, so do attempts to restrict what you can shoot and how you can use the picture. And not all attempts to quash photography have to do with national security concerns. Some invoke copyright and trademark protection, others the privacy both of celebrities and ordinary people. But you can fight back. Knowing your rights and restrictions as a photographer is a good first step. When cases reach the point of legal proceedings, they’re usually settled in the photographer’s favor, according to lawyers who have represented photographers in court. However, sometimes your own understanding of the law isn’t enough. According to his suit, when Jim McKinniss told the police officers that he was on public property and thought it was legal to photograph, “One of the officers asked if [I] had heard about September 11 and asserted that, since the terrorist attacks…it was illegal to photograph bridges, airports, and refineries.”

This is a crock. There’s no law in California or anywhere else in the U.S. that prohibits shooting such places from a public locale. You can even photograph inside airports, if you don’t point your camera at security checkpoints.

“These laws just don’t exist,” explains McKinniss’s attorney, Robert Myers, who took his case pro bono. “A law that attempts to prohibit photography from places open to the general public would be unconstitutional.”

The piece features some great, quite scary, stories plus some tips on how to handle the situation if it ever happens to you.

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Photography and the Law: Arrested for snapping a Policeman

Yet another worrying event in the ongoing “law versus photographer” trend. The latest reported by Thomas Hawk is a guy who was arrested for taking a photograph of a Policeman making an arrest …

Cruz, 21, told the NBC 10 Investigators that police arrested him last Wednesday for taking a picture of police activity with his cell phone. Cruz said police told him that he broke a new law that prohibits people from taking pictures of police with cell phones. “They threatened to charge me with conspiracy, impeding an investigation, obstruction of a investigation. … They said, ‘You were impeding this investigation.’ (I asked,) “By doing what?’ (The officer said,) ‘By taking a picture of the police officers with a camera phone,’” Cruz said. Cruz’s parents, who got him out of jail, said police told them the same thing.”

This is very worrying, society needs to know that the Police are accountable and that means the ability for a citizen to make documentary evidence. I just hope it is a one-off bad judgement by an individual police officer and not policy.

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Portrait Photography Legal Issues Explored

Richard Wanderman poses the question of what he can legally do with his photographs of other people, one in particular of the musician Antonio Hart

When I took this picture of Antonio Hart at The Blue Note I posted a question in a technical thread on Flickr: could I print and sell this image of Hart without his concent.

Last night I was at The Blue Note in New York and shot a number of pictures of a famous jazz band, mostly of individual players like this one of Antonio Hart: Antonio Hart Soloing at The Blue Note My question for all of you pros and semi-pros is: what can I do and not do with a picture like this? I know I can post it here. I know I can print it for personal use, but can I sell it? Can I publish it in a magazine?

A good conversation ensues, covering aspects I would not have thought of like what the venue would have to say about it. I also did not realise a press pass is not a silver bullet solution in many cases, just giving you a few extra feet of proximity a lot of the time. It seems, as with pictures of the public, a lot of the decision would come down to “reasonable expectations of privacy”; the dude was on stage at a promoted event open to the public so really shouldn’t expect to be invisible, right?

Regardless, Richard did the right thing and asked the subject of the photograph his own opinion on the matter.

 

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Photographers’ Money Woes

Chris wrote in a post of his how Carl Purcell had one of his photos appear on an American stamp and how he must feel since it was a stock photo and he basically got nothing out of it. Well spare a thought for Kelly Fajack. Here he finds people violating his copyright and making money from one of his photos, literally!

The central African nation of Burundi have used one of his photos without his permission for their 10,000 Burundi franc note. The photo was not in the public domain; it was just used on Mr Purcells personal website.

Quite rightly he is suing the Burundi government, but to sue a government is quite tricky. Good look with that Carl, I hope you get a fair and just outcome.

Read more about it here.

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Creative commons: How safe is your work?

Do you use a creative commons license on your Flickr photos. Do you even know what it is? Well very basically it is a license that you grant that allows non-profit use and sharing of your photography (More Info).

Why am I talking about it now?, well the legal strength of the idea has just been put to test in court. Adam Curry the ‘POD father’ has recently taken to court a Dutch magazine for publishing pictures from his Flickr account. The magazine apparently thought that since the photos were on the internet they could do whatever they liked.

Posted in News and Commentary, Online Photography Community, Photographers in the News, Protecting Copyright | Also tagged , 5 Comments