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Copyright 10-Feb-2005 At 9:36:34 PM Onsight

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Regarding copyright infringements:

On 9/02/2005 cheesehead wrote:
>I guess this sorta thing is a common occurance for you Sime?
Yes it is, on the web at least. Some people seem to think that just because an image is published on the web, that it is somehow in the "public domain", and they copy it and use it on other web sites as they want, well you can't, not legally anyway. Obviously I've no idea now much of my stuff is used on the web without permission that I never find out about.

>Sucks for >sure.
Well, yes, it's rude for starters, but it also tends to devalue the images, which is not good for someone like me who makes a living from it and wants to be able to keep producing.

>At least is says your name....
Um, don't get suckered into one of the biggest publishing industry myths - "that exposure is good for you and that you should somehow be happy just to get a credit line." Credit lines are mandatory (for editorial work) as far as I'm concerned; they certainly don't pay the bills. I'm often quite willing to allow non-commercial usages gratis, if it's something I think is worthwhile (like Chockstone, or a way of helping some climbers out), and I'm far (far) more likely to he helpful if prior permission is sought (assuming I give it). If it's a commercial use then as a photographer you virtually MUST require some reasonable recompense, otherwise all you have done is contribute to the constant undermining of photographers and the photography business here. Question - why are there so few (1?) full-time pro climbing photogs in Aust? Well, certainly not because we have a shortage of ultra-photogenic rock around here, that’s for sure. One of the reasons is because the market for outdoor adventure and climbing images in Australia is in a very poor state indeed. Too many businesses here are all too used to getting usage of these images for ridiculously cheap prices from people who are simply happy to see their images in print, or whatever other reason, and accept some cheap gear or nominal payment in return. I’m not having a go at those people mind you. But my point is it doesn’t always have to be that way… it's only that way because people accept it.

>Is there realistically much you can do/worth doing in these situations?
Well naturally I’d prefer to do more productive things with my time, but there are some things you can do. You can try education for starters. In the case in question I’ve corresponded (pleasantly) with the web site in question and found out how it occurred and might be able to work with them in the future. Copyright infringements, particularly on the web, are rarely going to be economic to pursue legally unless it was a pretty major infringement. I had a significant infringement in print here in Australia last year but eventually gave up pursuing it. It seems that you’ve basically got to be prepared to invest time and $5-10 thousand, and basically be prepared to take it to court, before you’re likely to get any joy. It’s not all bad news though, if I came across an infringement that was significant enough, or annoyed me enough, then I WOULD be willing to persue it and I’m sure the potentially punitive damages would make it more than worthwhile.

Good luck Cheesehead, it's a tricky one.