Jamie Nelson is a talented photographer. Apparently, BBDO liked her work so much, they wanted to use it. Problem is, I guess, they didn’t want to pay for it so they got another photographer to recreate one of her images.
This isn’t even close to being a questionable case–it’s totally an infringement and I hope she goes after them (including the other photographer!) with a great lawyer.
Of course, I assume that a pro like her is registering all her images… and that you are registering yours too. Right? Don’t make me come back there and beat you. 😉
There is another thing you can do to help prevent copyright infringement. When a client comes to you with an image (not a marker comp or other non-infringing comp) tell them that you can’t shoot it. Tell them that no mater how much or little you change, you (and they) could get sued for copyright. Let them know that there is NO acceptable percentage of change to save you–that is, the law does not cite a percentage. If reasonable people (a jury or even one judge, depending) would think that the images are too alike, that’s all it takes.
And go after the photographers, not just the clients, who rip off your work.
(hat tip to åsk for the link)
I really couldn’t stand working in a place where every layout we created was using pre-existing images. Not jut for the obvious trap we were setting for ourselves (we would end up copying everything we used in said layout!) but also because it really restricted creativity.
Moodboards is one thing, having a board showing ” a model like this, with a dress like that, and light like in this shot, and a location like in this shot, and an angle like in that shot” – really helps me explain where I’m trying to go with something – but this place where I worked literally forced people to use straight up fashion photography ripped from a bunch of talented photographers portfolios where we’d photoshop a product into to a corner and maybe adjust the colors a little – and then recreate them to the T.
They offered me a fulltime postion. I did not take it. I’m broke, but I can look at myself in the mirror every morning thank very much.
Leslie,
I’m sorry but that’s exactly the WRONG response in this situation.
Instead, insist they go to the photographer who made the photograph and either
1. hire them
2. buy the image for their usage
3. get an ok from the photographer to make a similar photograph.
All of these options involved paying the photographer who created the work.
Going straight to a threat or warning (or whatever you want to call it) of being sued for copyright violation means you do not pass go.
If we do as you suggest, we’ve just painted ourselves as being the lesser option and an easy target.
As well, we’ve painted the client as cheap and willing to make a reckless decision.
I agree we should go after the photographers, but not the ones who rip us off. Instead let’s make sure to go after the photographer’s who deserve to be paid.
“Dabitch Says:
September 3rd, 2008 at 7:07 am
I really couldn’t stand working in a place where every layout we created was using pre-existing images. ”
http://BeOriginal.org has some tools to help.
Martin
Sean:
You are talking about what the agency should have done. I agree with your thoughts there–they should have talked to the original photog. and gotten permission to reproduce/alter/whatever.
But now it is too late for that–now Jamie (the orig. photographer) should go after the infringers…all of them.
Just my opinion, of course.
-Leslie
Hi Leslie is there a link or blog that explain well how to copyright images?
I got the one from the library of congress but it’s very confusing, also my question is that if the material i wanna register has been published do i need to register anyway?
Thank You
Even if Jamie wanted to go after them she wouldn’t be able to recoup enough in the lawsuit to be worth all the hassle. That’s why copyright infringement is so rampant these days.
And I’m not saying this out of mid air. I know of several situations in the past few years with friends, or friends of friends, and it failed to be worthwhile for all of them. Jamie’s now adds to the collection.
🙁
Little Bird, it is entirely possible that Jamie could recoup a big plenty. Copyrights, when registered, can result in good settlements, etc.
-Leslie