Many of you will have seen or heard about the copyright story featured on TV1’s Fair Go this week. As it’s something I feel passionate about I wanted to view my thoughts and concerns about it and I welcome your feedback as well. Unfortunately Fair Go’s story only presented one side of the current copyright situation in NZ, and they failed to get comment from the NZIPP, AIPA or any other industry body to have the right of reply from the Photographer’s point of view. Photographer’s have been battling for a long time now to try and retain the copyright of their work and get the legislation changed to reflect this. New Zealand is one of only a few countries left in the world that still has what’s known as the “Commissioning Rule”. Photos that we create are pieces of art and they are each unique. They are created from that Photographer’s own creative eye, technical ability, knowledge and skill base, blood sweat and tears (you get where I am going with this) and you are simply the subject. If a Photographer doesn’t own the copyright to the art/imagery they create what will they ever have to show for themselves? How will we promote ourselves and gain recognition for being highly regarded in our field of work, if we can’t display our images and enter competitions etc? Our photo’s are our livelihood and our stories, if we aren’t allowed to keep these, how is this industry expected to thrive? If a parent has portraits shot of their child, what have they got to loose or fear with the Photographer keeping the copyright of those images? If their images are displayed either online, in a portfolio, or in an advertisement if anything in my opinion I think the parent should be flattered that a) they have a gorgeous child who will be admired where ever they are seen, b) the Photographer took some great shots they are are proud of and want to promote themselves with. Only a parent knows what it means to have to protect their child and this is not a point of view I can speak from, but intelletual property rights, especially for original art works, surely must also be protected.
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@erinkingphotos said:
- Thanks Polka Dot Bride for your mention in the Friday Round Up on your website today. http://t.co/AEUhme0Z
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MIEKE & KIERAN - 27th Feb 10 Thank you so much for helping to make our wedding day all the more incredible. Your relaxed but professional manner made everyone feel at ease! We loved your approach and we had great feed back on your photography style from all the guests. The photos we have seen are fantastic and we couldn't be happier! We would definitely recommend you to others. Thanks
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CATHERINE & MARCUS - 27th Mar 10 Erin photographed our wedding in March this year, and we were thrilled with her service and the results! We were lucky to have great weather and this, together with Erin's keen eye and a beautiful location made for some amazing photographs. Erin was great to work with, very calm and relaxed, always at ease with the guests and nothing on the day seemed too much trouble. The whole experience was fantastic, she captured everything that we wanted and the day could not have run any smoother.
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I totally agree. NZ’s antiquated “Commissioning Rule” is a joke and should be looked at … NZ has enough cool stuff to protect as it is without having to worry about protecting the work of our local pros …
Hello Erin, nice post. While we don’t get that show here in L.A, the topic of copyright on photographs is widely discussed in the advertising industry in which I work. My opinion is that people should have the right to control how their “image” is used by others, especially when those taking photographs seek to capitalise from them. You may say that it is the photographer’s skill that creates the value, but is that really so? For example, a poorly snapped photo of a recognizable person in a compromized position is more valuable in dollar terms than the most expertly taken photo of a banana. Taking nice photographs of regular people can make money, especially if the shots are good, but honestly, you know you make a lot more when you get good photos of famous people – you are trying to feed off their success. Remember that many high profile people invest a lot of money in their appearance so it is right that they have control over how their image is exploited for monetary gain.
Katie Kay.
Hi Katie, thanks for your input and you raise a very good point! In writing this I wasn’t thinking along the line of famous or recognised people, but I’m sure in L.A this is much more of an issue and in this case I definitely agree that this is much more of a sensitive topic. It’s interesting what you say about poorly taken photos of people in compromising positions, but then I don’t imagine this person has come to or ‘commissioned’ the photographer and asked them to take this photo, instead the person has been caught unaware, which is another story entirely. I agree that any high profile person would want to control how their image is used, I would hope that the photogrpher would not go about expoliting people for monetary gain.