ratspike ([info]ratspike) wrote,
@ 2008-08-03 12:55:00
Previous Entry  Add to memories!  Tell a Friend  Next Entry
why being a photographer really isn't that cool


On the left is my original photo. On the right is the poster that's recently been made available for sale. That image is from a stencil and is a direct copy of my photo. Needless to say nobody ever asked me for my opinion about any of this. The attitude of at least one of the people involved is that it's an original work of art.

This sucks for several reasons:
1. The guy in the photo was killed the day after I shot it and the poster is a $4 limited edition, with a portion of the proceeds going to a memorial fund set up in his name.

2. The stencil image is an icon within the huge cycling community here in Portland. The artist knows he traced it from my photo but evidently nobody else does, since he's the one credited with the image. Google tells me he's a real, exhibiting artist too. Funny, no?

3. Doing anything will likely have an impact on my personal life. He was very well liked and his death hit the cyclocross community hard.

4. I provided a printable file to several of his friends so they could make prints for a memorial or whatever. I guess I should have included a damn license. See what happens when you try to be decent during a time of grief?


So now I have to sort this bullshit out. IANAL but I'm having a hard time seeing fair use. I haven't contacted the printing company yet. I'm still trying to calm down and don't want to send an email or make a phone call without a level head. It's a hipster Portland co-op so who knows how far trying to deal with them will get me. Maybe I need to speak with an attorney first.

Half of me wants to let it go. Nobody is getting rich and it's a memorial to a good human being whose life was cut short. The other half of me feels pretty sorely used, is pissed off about it and wants to make a point. Is making that point worth a bunch of drama, both on the interweb and probably in real life? I dunno.



(6 comments) - (Post a new comment)


[info]girl_on_a_stick
2008-08-03 09:11 pm UTC (link)
The hipster MO seems to be that using a photo for the base of a work means it no longer is the photographer's work. Take a certain singer I worked with *cough* who shows all over the world, his stuff is all traces of other people's photos. I always thought it was completely wrong (and honestly his work didn't impress me because of this).

But regardless, I'm not sure there's any way you won't look like the villan to this group by pointing all this out, sadly. Not sure it's worth it. But man I feel ya.

Do you know what else sucks? Cloning out dust spots on several hundred wedding photos thanks to dirty rental gear from Pro Photo. Grrrr. /vent

(Reply to this) (Thread)


[info]ratspike
2008-08-03 09:33 pm UTC (link)
I wouldn't expect to get anywhere with the printing company. They've gone to whatever expense getting tooled up to print this thing and I'm sure they're totally in the dark. All they know is some "artist" did this stencil thingy. Are they gonna can it all because some photographer is whining about copyright? I mean, you and I both know what Portland is like...I think having to get an attorney, assuming I'm on solid ground to begin with, is practically a given.

I can picture the shit flying on the OBRA mailing list and bikeportland already, and I don't need the hassle of being "that guy" every time I go to a race. Right or wrong, I lose either way.

(Reply to this) (Parent)


[info]zancro
2008-08-03 09:53 pm UTC (link)
This "attitude" is ignorance. It's obviously your photo. The real issue here is that the "artists" who made the poster need an education in copyright.

Under the circumstances I wouldn't want to make a huge deal out of it... but I WOULD speak to counsel if you already have one for cheap/free... and or... simply gather the appropriate verbiage on copyright law which applies in this case and formally provide that to the ignorant, lazy, thieving bastards in question who blatantly stole your intellectual property... bumped up the contrast and called it original. It's typical internet generation thinking that just because you can find images easily you can just do what ever you want with them. If the "artist" got paid at all... they are clearly in violation of copyright law and you are doing them a service by educating them... before they make a mistake that will cost them their reputation and earnings.

(Reply to this) (Thread)


[info]ratspike
2008-08-05 03:31 pm UTC (link)
In my experience it's supposedly creative people that are some of the worst offenders. The people involved with creating this stencil image are PNCA graduates, which doesn't do much to help my already piss poor opinion of art school graduates. So far trying to get it resolved quietly and peacefully is going nowhere. I've explained the situation to the printing company and just asked for them to edit the artist credit to include me but they haven't done anything. I already know what the "artists" think about it.

The photo isn't registered with the copyright office and in any case this isn't something I'd want to take to the next level. I'm not so sure now it's even worth what a consultation would cost me. It's the last time I do anyone a favor, that's for sure.

(Reply to this) (Parent)


[info]yi_sen
2008-08-03 11:40 pm UTC (link)
I think you should politely take it up with the people who are selling the picture and say that you're not interested in money from this, but you would like credit for the image use.

i.e. "Photography by Ratspike, Print by Whomever made the stylized version."

If you're not asking for money, then they're far less likely to be confrontational about it. But this is your profession and you deserve credit for a work that is yours.

Unfortunately, Intellectual Property was a class I ran pretty far away from in law school, so my knowledge is rather limited on this topic.

(Reply to this) (Thread)


[info]buboniclou
2008-08-04 02:30 am UTC (link)
IAWTC. Be diplomatic, but let the artist know it should be some credit to you.

(Reply to this) (Parent)


(6 comments) - (Post a new comment)

Create an Account
Forgot your login or password?
Login w/ OpenID
English • Español • Deutsch • Русский…