Photographer writes excellent letter to the band Garbage about unpaid photo use

[editor]

He's picking on one of his 'lesser' clients, tbf. I doubt he'd have called out Bowie or Deborah Harry in similar circumstances.

Perhaps they pay him and aren't in the habit of using his work without permission, payment or credit.

 

[littlebabyjesus]

I get my photos ripped off all the time but what really fucking pisses me off is when some big company asks to use my work for their own commercial purposes while telling me that they have "no budget."

It's not unusual for companies to assume that artists/photographers/musicians should be the only unpaid people in their commercial projects. And they can get the fuck off.

I don't think anyone's defending that, though. And he's right to be pissed off that they used an image without permission on an album. Presumably he will have followed that up with a letter and received a cheque. He should have done.

But if someone writes to you like this, don't you first write back stating your fee for the proposed use?

 

[editor]

I don't think anyone's defending that, though. And he's right to be pissed off that they used an image without permission on an album. Presumably he will have followed that up with a letter and received a cheque. He should have done.

But if someone writes to you like this, don't you first write back stating your fee for the proposed use?

Not if they already have history for using my work for commercial projects without permission, payment or credit.

 

[gabi]

Where's the contract?

 

[Orang Utan]

I don't think anyone's defending that, though. And he's right to be pissed off that they used an image without permission on an album. Presumably he will have followed that up with a letter and received a cheque. He should have done.

But if someone writes to you like this, don't you first write back stating your fee for the proposed use?

why bother if they're not going to pay you? they've already stated they wouldn't. why do you care that he's been a bit bolshy about it? he's exposed Garbage as a bunch of chancers. Good on him.

 

[littlebabyjesus]

why bother if they're not going to pay you? they've already stated they wouldn't. why do you care that he's been a bit bolshy about it? he's exposed Garbage as a bunch of chancers. Good on him.

Setting aside rights and wrongs, sometimes if you don't ask you don't get. I'm sure he knows that very well. And again, setting aside rights and wrongs, that works both ways.

His own website is itself testament to that. He will need model release forms from the likes of Bowie etc to use their images on his website. I presume he asked them for this - 'do you mind if I put this photo on my website?' - and they said yes.

 

[twentythreedom]

I wonder who else working on the book project is being asked to do it for free

 

[Miss Caphat]

Hmmm. Little man?

I've just had a brief perusal of his website. He's not so little. I'm guessing neither you nor I could afford to book him.

so he could afford to say what he was actually thinking, and make people think next time before they make assumptions and insult artists by offering them "credit" or "exposure"
Good for him.

 

[editor]

His own website is itself testament to that. He will need model release forms from the likes of Bowie etc to use their images on his website. I presume he asked them for this - 'do you mind if I put this photo on my website?' - and they said yes.

Desperate argument is desperate.

 

[Chilli.s]

IMHO a bit lame not to pay some sort of amount, even if just a token payment. Without some detail of initial contract, hard to judge.

 

[Spymaster]

Fuck off, Spymaster. It's someone rightly complaining about a bunch of millionaires trying to rip him off. Many of my friends work as designers and illustrators and are always getting asked to work for free, or ripped off, or paid late, not by small businesses, but massive moneybags organisations. Fuck these chancers. They deserve to be exposed. Most people who get ripped off by them have no clout to complain about it.

Childish.

Sounds like your friends learned their business skills from the same cornflake packet that Mr Pope did. Most of mine very rarely get ripped off, are able to negotiate without spitting their dummies, and usually get paid within their contract terms.

 

[Spymaster]

why bother if they're not going to pay you? they've already stated they wouldn't.

No they didn't.

 

[Spymaster]

I wonder who else working on the book project is being asked to do it for free

Probably everyone who isn't contracted otherwise.

 

[weltweit]

I think the photographer was right not to offer his image for free, he also has to make a living and paying for a photo-shoot does not usually confer all image rights in perpetuity. I am less certain about his taking it public, it could backfire on him rather like someone taking an employer to court can.

 

[twentythreedom]

Probably everyone who isn't contracted otherwise.

Any clue what kind of roles will be non-contracted? Just wondering how widespread this is

 

[bi0boy]

They said the book wouldn't make much money from sales. So why not offer every contributor a share of the profits, a royalty payment?

Then this photographer will see how just many people are willing to fork out for his oh-so-amazing pictars. If he's right and they're worth something he should make a bomb.

 

[bi0boy]

Just because you spend time doing something doesn't mean you're entitled to earn a living out of it.

 

[editor]

Just because you spend time doing something doesn't mean you're entitled to earn a living out of it.

Unless you're a professional photographer of course. Then it's your job and you have every right to expect to be paid if your work is used in commercial projects.

 

[Belushi]

Just because you spend time doing something doesn't mean you're entitled to earn a living out of it.

I bet garbage would disagree with you when it comes to people downloading their music for free.

 

[Cheesypoof]

i think the photographer is within his rights to refuse, and you know, 'out' Garbage. It is annoying if they are millionares not to want to pay him, but they probably thought they'd chance their arm...

 

[bi0boy]

Unless you're a professional photographer of course. Then it's your job and you have every right to expect to be paid if your work is used in commercial projects.

But it wasn't though. They asked him if they could use it and he refused, because he thought it was worth more than they were prepared to pay. I wonder if anyone else will pay for it now.

 

[littlebabyjesus]

Just because you spend time doing something doesn't mean you're entitled to earn a living out of it.

No, you're entitled to control over how your work is used, though. In the case of photos, you're entitled to say when they can and cannot be used, unless you've sold that right to someone else or otherwise foresworn it by releasing the work on a free licence of some kind.

But I think you're also entitled to ask politely for the use of work without necessarily offering payment. Anyone who's self-published knows how expensive it is and how difficult it is to make money out of it. I don't think Garbage are necessarily lying when they say that they don't expect this book to make them much, if any, money.

Then it's up to the person in question to either refuse permission or to ask for some arrangement, whether an upfront payment or something else.

 

[bi0boy]

No, you're entitled to control over how your work is used, though. In the case of photos, you're entitled to say when they can and cannot be used, unless you've sold that right to someone else or otherwise foresworn it by releasing the work on a free licence of some kind.

The photographer exercised that right here - I don't see the problem. He is whingeing not because they used it for free in their book, but because they didn't think it worth paying him for. Maybe his photos are shit.

 

[Cheesypoof]

agree - while i think asking for the pics for free was shabby, at least the band asked first. I am surprised that they claim to not be in a financial position to pay though....

 

[Spymaster]

There's nothing shabby about trying to negotiate the best deal possible. Shabby would have been using the work without asking.

Shabby is also plastering a rant on Facebook without giving the other chap a chance pay a fee.

 

[littlebabyjesus]

There's nothing shabby about trying to negotiate the best deal possible. Shabby would have been using the work without asking.

I don't completely agree. If they are doing something that they hope will make them a lot of money, then it is shabby not to offer payment. I don't think it's ok to underpay people just because you can.

But as someone who has self-published, I can well believe that they won't make anything out of this book. It will cost a lot to print, and they won't get good deals from bookshops/Amazon. You don't generally self-publish to make money. You do it to get something you think is worthwhile out into the world.

 

[ViolentPanda]

Setting aside rights and wrongs, sometimes if you don't ask you don't get. I'm sure he knows that very well. And again, setting aside rights and wrongs, that works both ways.

His own website is itself testament to that. He will need model release forms from the likes of Bowie etc to use their images on his website. I presume he asked them for this - 'do you mind if I put this photo on my website?' - and they said yes.

TBF, you need to ponder the difference between the electronic and the physical reproduction of the picture. Generally the latter is reproduction as an artefact or in an artefact for sale while the former generates no money. It's also likely that his contracts are written to solicit limited use rights (i.e. on his website) from his clients.

 

[ViolentPanda]

I think the photographer was right not to offer his image for free, he also has to make a living and paying for a photo-shoot does not usually confer all image rights in perpetuity. I am less certain about his taking it public, it could backfire on him rather like someone taking an employer to court can.

The problem with allowing free use to individuals or organisations that appear to have the ability to pay, is that allowing free use will perpetuate this blagging, and even cause more people to try it on. I'm glad he went public. Not on the basis that I think he's either wrong or right in this instance, but because business needs to learn not to blag.

 

[ViolentPanda]

They said the book wouldn't make much money from sales. So why not offer every contributor a share of the profits, a royalty payment?

Then this photographer will see how just many people are willing to fork out for his oh-so-amazing pictars. If he's right and they're worth something he should make a bomb.

I suspect that, given Garbage's output and Ms Manson's pretensions, this book is going to be of the coffee table/art-book type, which would explain the "there's not much money in it" claim - high-quality repro is expensive.
Even so, as you say, promising contributors a smidgen of a percent on sales would be a good way of paying something for the use of contributions, and needn't be expensive, especially if you acknowledge those contributors in a dedication at the front of the book.

 

[Orang Utan]

I'll just leave this here:
http://www.ted.com/talks/amanda_palmer_the_art_of_asking?language=en