As some of you may recall, I recently did a blog post on copyright infringements. Last night I stumbled over another copyright infringement where The danish Broadcasting Corporation had used one of my pictures since May.
Somebody there just searched the net for the location, found a photo and used it.
As my wife said this morning, "It's weird people just take things from a website. I mean, you don't just take things elsewhere like that."
Spot on.
I mean, this site even credited me for the photo. But never took the time to get the original file and do the exchange-thing with money for goods.
Makes me kind of angry because this organization has 70 years of experience in copyright, since the birth of television, you know.
I have this 500% fee in my price list. That if they take it without asking, I put additional 500% on the list price.
Anyway, I'm a nice guy. So I invented a new thing:
Fee for copyright infringement ....... $ 250.00
That is fair for taking the time to find it, document it and find the guilty bastard who's name has to be on the invoice.
Then again, what about those I don't discover. Who will pay for those?
I guess I will be using the 500% fee soon. Perhaps both the (administrative) fee of 250$ and the 500% (punishment) fee. Then those who get discovered will pay for their fellow-infringement-brothers-and-sisters that don't.
I f we all do that, probably some balance will arise. I think it's a matter of decision as to which group you want to belong to. Those who pay for goods or those who don't.
If I apply both the administartive and the punishment fee on this, it will bring the total invoice to $ 1,403.
Hey, really enjoyed reading that! I feel you're definitely doing the right thing. I guess in these situations each scenario has to be individually assessed! But in this particular case, go for it! But i must admit, that is one sweet picture you took!! Love the colour in it;-)
@ Chris: Well, they just now agreed to 671.41$ which is half of what I asked for. The Danish law has no strong precedents for this type of infringements and usually such cases would end up with a payment for the picture plus 50% extra if any extra at all (in this case 191.83$ which would be normal price for usage). In cases of commercial use you can claim part of any profit made by the infringement party as well as loss of profit for yourself because of the infringement. That can bring the amount up which is why Getty Images state on their page that they will sue for up to 150,000$. DVD-copy is another clear case where loss of profit would apply. I'm also aware of www.picscout.com that does the search of pictures and then does the legal follow-up. I'm sure their bills for infringements are large and that they can collect many of them. The photographer gets 50% of the total amount gotten, whatever that adds up to with lawyers fees on top of the picture fee. I wouldn't want to be at the receiving point for their letters! Would love them to send them for me though! One point one also should be aware of is that if the copyright infringement is ONE picture used SEVERAL times (and/or on different medias such as print article, front page, web, television), it's one infringement per usage. I had one two years ago who bought a picture for an article inside the paper and then used it on the frontpage, website and on the big screen on the street as well - and did so three days in a row (new story each day). They got a hefty bill and paid when I clarified that "I own the picture. You buy the right to use it for each use." This is logical but not recognized automatically. You think that when you've been a good boy and bought it once, you can use it as you like. I the case with the television station here I just settled they used it three times but as they pointed out, they usually bought a picture for a period of a month or three and inside their website. Ok, they didn't exactly 'buy' this one with the usual contract, but we agreed on that amount instead of getting into the lawyer business. Another good advice on this is: Document the infringement well in any way you can. First step of receiving an infringement claim is to remove the picture (part of the law that you must do this), which then makes it hard to document how many times and where it was used. So do that first as it's important if the fee has to be settled on usage in 1, 4, 10 or 20 issues of a paper, website, etc. (Yes Chris, I know you know all this. I'm writing it for all of us to know and remember). Anyway, my wife will collect the cheque when it arrives. She claim it's her money and I don't know any argument against it. You can't win them all i guess.
Posted by darkkaveng... on September 21, 2007 6:39 AM
Amen to that. I should do the same, IF only I would start making a serious website about my photography first... besides, I should stop downloading music, that would make me feel better :)
Posted by darkkaveng... on September 21, 2007 6:39 AM
Amen to that. I should do the same, IF only I would start making a serious website about my photography first... besides, I should stop downloading music, that would make me feel better :)
Thank you so much for the very kind words, Thorsten. Getting that from a working photojournalist is always a real compliment. :) I started shooting in 2005, and the oldest photo in my uber portfolio is just from 2006. Definitely hoping to be even better in years to come! Thanks once again, and cheers from Indonesia!
Well, you're simply the most talented guy I've seen in a long time ... or longer. You're basically at a level where the only thing you should aim at developing is the message. What do you want to tell with your pictures. And I hope you don't go the "World Press" way with hopelessness but go for a the message of life, spirit and hope.
Hi, I have been watching your photography work for a bit and I really like them because it is rare from a professional photographer to shot real people with real emotions especially from famous people.
Hey Thorsten. I bought myself a used Leica R4. Now I'm in the R gang too. Part of this is because of your influence. The camera isn't in perfect condition, but it was affortable. I'll run a test roll thourgh it and probably use it for a reportage on Sunday.
Feels nice. Summicron 50/2 looks good and I hope it comes up to expectation. Should be pretty similar to M.
So well, now I am even more a red-dot elitist. But I don't care, I use other cameras too, Leicas are just good. Form a first glance I think that R is largerly underrated.
Chris will be green of envy ;-) and that's his own damn fault ;-)
The R4 is actually a nice camera and a nice size and sound. And it's easy to get one as many were produced and it is said to have a "faulty electronics." (Which mean that some R4 go dead, but I've never had any problems with mine).
You can probably find an inexpensive winder or motor to go with it. Gives an even better hold on it and balance.
The 50mm f/2.0 is reputed to be one of the best 50mm lenses in the world. And still is. I find 50mm a bit dull as I prefer 80mm mostly - but I must admit I'm blown by the quality of the Summicron 50mm f/2 when I use it.
Yes, sure. Electronics. A photographer I know, which has anything from Leicaflex to R8..., told me: look my brand new R4 went dead pretty soon. If you buy an R4 now, it most probably has survived. A visual check shows that mine works, a couple of films will tell.
As much as I love M... this R is nice. Leicaflexes are very expensive and in any case, having an electronic SLR with good exposure is pretty nice. Working with flash is easier too.
The R4 is the smallest of the series, this is also why I have chosen it. The only thing I miss is the 1/2000", which would allow me to open my lens more. The camera fits well in the hand.
80mm is nice for reportage, concert photos. I like the 50, but sometimes you can't get near enough or you need the tele-effect.
I pretty much like the 90/2 with its fancy retractable lens-hood. Probably if I find myself using the camera, I'll look for one.
I'll blog about the camera probably!
So when you come to Italy or I go to Denemark, we will have even more material for a chat, hah!
PS: I so much wished Leica would introduce a new digital back: it would keep the R system alive (no, I don't want a full digital R camera). Imagine a full-frame module! Slap it in for some newspaper work and put your slide or b&w film in when you can have more time for your images.
thanks for the comment. My M8 is MOSTLY a camera for personal work, so no backup unfortunately. I use Canon's for work...the minute either Leica or Mamiya release a digital rangefinder with 16-22mp, I'll ditch my Canon setup....
Impressive work, nice gallery. I'm new to uber and your blog is great, hopefully I'll add some photos representing my country soon. I like your style as a documentary photographer, very informative and beautiful.
Actually I haven't used the FED camra for a long time. Shooting digital now. It's too expensive for me to work fully with film and there's no proessional places to develope or print. So, I chose digital. Thanks. But the place is indeed interesting for photographing, for living it might be a bit harsh.
Thank you so much for sharing! I agree about falling in love with your tools and staying in love with photography. I use new and old school tools. I have nice DSLR's and a point and shoot I carry all the time and old rangefinders, twin lenses - they all have good things I love about them. Sometimes you have to make choices according to situations - when I go on trips - especially overseas, I have to be really efficient and thoughtful. I will check back for you new works. Thanks,
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are you ready for this, i finally found out what was going on with mike and his younger brother andrew. remember how they never had girlfriends up until this past year, now they are with different girls weekly, well i am the only one who has proof on what happened. they both have been taking enlarge pills from http://www.bolinu.com for many months now, i found 7 empty bottles under mike's bed and he caught me, forced me to promise i would never tell anyone about the pills. well i told dave about them 2 months ago, he ordered 6 bottles from http://www.bolinu.com and now he too is a ladies man overnight. none of these guys talk to me anymore so now i can tell you all about the pills and living proof that they work, they even guarentee your money back 100% if they don't work on you. go now to http://www.bolinu.com
