Your copyright is your future. Control it!
I do not think that there are many issues that divide the photographic community so directly based on age as that of copyright. Many of those whose careers were forged in the red-lit darkrooms of the analog world are, in my experience, the most vociferous (although not unique) and active in the protection of the copyright of their images—an issue that becomes almost impossible to control the moment an image appears online. I have spoken with many photographers still willing to fight the online battle, either by never posting any of their images within the digital environment, by posting them at extremely low resolution, or by making their images unusable to others with large and obtrusive watermarks across them.
Attempting to protect copyright in the online environment makes sense, but for the majority of photographers who have only known digital photography and digital sharing of images the concept of not placing your images online at a reasonable quality or with a branded aesthetic that destroys the image is not an option.
And yet, the protection of copyright remains one of the most important issues for all photographers wanting to ensure that their work is appropriately used, credited and recompensed. With the internet and online platforms being accessed globally, an additional issue of differing national copyright laws comes into play. Add to that the image-grab nature of social media platforms and some photography competitions, and it is not hard to see what a mess we are in as image makers wanting and needing to share our work. So, what is the answer?
Well, the use of Creative Commons is a solution for many, whilst remaining an anathema to others. The idea behind the Creative Commons concept is that it helps you to legally share your knowledge and creativity to build a more equitable, accessible, and innovative world. With a network of staff, board, and affiliates around the world, they provide free, easy-to-use copyright licenses to make a simple and standardized way to give public permission to share and use your creative work on the usage conditions of your choice. Sounds like a reasonable plan, but it relies upon the good will of those using the images to follow your rules, which in a way takes us back to the basic premise and problem of copyright. It only works if people respect the rules!
Interestingly, I know of publishing companies currently using Creative Commons-licensed images within their magazines to reduce their image expenditure to lower than what stock agencies are charging, and as we all know that can be pretty low. The devaluation of images can only be seen as a negative situation, but at least they are being used under CC licenses and not being stolen!
The stealing of images is, of course, the major issue here. Many of you will be familiar with the above image of David Bowie with his finger to his lips, by photographer Gavin Evans. It has become an iconic image with David Bowie’s sad passing, but how often have you seen that image on t-shirts, sneakers, and posters used illegally? I can help you with the answer to that: 100 times, at least! It is all over the internet — even on my local high street — and its illegal use is so widespread that it would become a full-time pursuit for one photographer to chase down and prosecute every one of the image thieves who are seeking to profit from their work.
There is all manner of advice out there for photographers to benefit from concerning copyright, and a large number of products which photographers can buy and use to find their images online through embedded metadata. But with platforms implementing metadata stripping software and photographers failing in creating appropriate metadata, the efficiency of any of this advice can only be limited.
So far, I may be sounding a little defeated, but stay with me on this.
If we realized that the moment we place any image online we are putting it in a position of danger, then perhaps we would think twice about how, where and why we have chosen to publish that image. I have certain possessions that I would be sad if they were stolen, others that could be easily replaced and others that I protect, care for and ensure that they are as best protected as they can be. My suggestion is that you take a similar approach to your images.
Of course, it is important that you understand the implications of copyright and copyright protection, so I have included some useful website addresses at the end of this article to help you. But the reality is that at some point, we are all going to have at least one of our images stolen and re-appropriated without our knowledge and/or permission. We must therefore be as careful as possible that the images we have stolen are not the ones that are most precious and/or valuable to us. Easier said than done, I hear you say, and you are right. But as a logic, it does make sense.
If we use the David Bowie image by Gavin Evans as an example, it is interesting that the image was created in 1995 and lain dormant in Gavin’s archive until 2013, when the Victoria and Albert Museum in London staged an exhibition dedicated to Bowie. Bowie personally requested that Gavin’s image be included in both the exhibition and accompanying catalog — he had a print of the image in his personal collection and hanging in his Manhattan office — but it was not until his death in 2016 that the image took on a new life and significance. Until this point the ‘whisper’ image had only been posted by Gavin on his personal website and therefore only those who knew Gavin’s work and visited the exhibition knew the image. This all changed with Bowie’s death.
There is no doubt that Gavin has profited from the legal use of the image at the Grammy’s, the Christies Bowie auction, through legitimate print sales and in numerous editorials, but that is nothing to the income due from its illegal use. But if little can be done to prevent this widespread abuse of copyright, is it worth worrying about what could have been?
Whilst we are on the topic of David Bowie and iconic images, there can be no more iconic an image of Bowie than that which appeared on the cover of his 1973 album Aladdin Sane, photographed by Brian Duffy. The ‘lightning bolt’ image could not be better known and, like Gavin’s image of Bowie, more illegally used. However, this has not stopped people wanting to own a copy of the image and Chris Duffy, Brian’s son, from establishing a strong gallery market for the image alongside Duffy’s other work.
These are just two examples of images that have provided substantial income for the photographer and their estate years, in fact decades, after they were created. I’m sure that you can think of many more. But perhaps the issue here is not in total protection of copyright, but of controlled protection. Each photographer understood the power of the two images from each shoot that went on to become iconic and they have controlled usage of those images where maximum revenue can be generated. Both Gavin and the Duffy Estate have been strong and vocal in addressing abuse of copyright, and have taken action when they can. But as we all know, there is no way of tracking and pursuing every person that uses your images without permission to do so.
When it comes to controlling the copyright of your images, knowledge is king. It is important that you understand copyright, that you retain copyright and that you implement copyright law, when possible and appropriate. But—and this is a big but—as soon as you post an image online, you have to expect it to be stolen, and if it is, for you not to be credited or paid.
However, the images you create can be your future, and there is no reason why they shouldn’t be, if you follow a few simple rules:
- Do not give away your copyright.
- Keep accurate details of the shoot, both outside and within the metadata of the image.
- Beware of posting particular images on social media platforms known to strip metadata and/or claim ownership of your images.
- Use whatever other devices you believe will help you in protecting the copyright of your images online, but do not let it become an obsession which is detrimental to all other areas of you practicing the medium.
Grant Scott is the founder/curator of United Nations of Photography,
a Senior Lecturer in Editorial and Advertising Photography at the University of Gloucestershire, a working photographer, and the author of Professional Photography: The New Global Landscape Explained (Focal Press 2014) and The Essential Student Guide to Professional Photography (Focal Press 2015). His next book #New Ways of Seeing: The Democratic Language of Photography will be published by Bloomsbury Academic in 2018.
You can follow the progress of his documentary film, Do Not Bend: The Photographic Life of Bill Jay at donotbendfilm.com.
You can follow Grant on Twitter and on Instagram @UNofPhoto.
Text © Grant Scott 2017
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