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Re: Exposure-only photograph requests?

Title: Re: [GWL] Exposure-only photograph requests?
on 10/1/02 1:21 PM, BrookBarb@aol.com at BrookBarb@aol.com wrote:

Chris (who's getting so frustrated with people stealing the photos and
     always asking to use them that he's about ready to pull the site)

Unfortunately, for all intents and purposes, the copyright laws no longer apply when it comes to web stuff.


This may infer that the copyright laws do not apply to the web, or that photos once published on the web now fall into public domain -- both of these myths are absolutely untrue but are excuses occasionally used by the unscrupulous. (I know what you meant, Brook - that you might as well give the photos away as to put them on the web.)

The fact is that the creator of a photograph immediately holds the copyright until such time as he or she sells or gives away some or all of those rights. Read all about it at:<http://lcweb.loc.gov/copyright/>  Read also how to officially register the copyright of your photos and writings with the Library of Congress. (Your work is copyrighted even if you don't register, but your case will be stronger if you need to sue for copyright infringement. Refer to a copyright attorney for details - I am not a lawyer.)

Brook, I like your reply to editors who ask us to work for free. I'll try to remember that.

Chris, your Herculean effort with your site is commendable, but please do not give your photos away. Many editors and publishers have shrinking budgets and are looking for free or cheap photos. Like you said, they should offer something in return, preferably $75 to $150, which is what many photogs charge for inside magazine uses - per photo per issue. Anything less diminishes the value of everyone's photos. Whenever they ask for free or cheap and you say yes, we all lose. Even the editors come to think of the free/cheap photos as worthless and will accept and publish fuzzy, off-color, pixilated, ordinary photos in order to check off their photo lists and meet their budgets. The proliferation of consumer grade digital cameras will probably make this situation worse.

You may want to add a notice to your site that your "Photos are created by an experienced horticulturist using professional grade equipment, and all plants are identified with a correct common and botanical name and location to the fullest extent possible. For these reasons, all photos are copyrighted. For licensing information and fee schedule, please contact ..." You may want to consider adding a watermark to the photos, which diminishes the visual appeal somewhat but will slow down or stop petty photo thieves.

Lastly, Chris, as Red Green says, "Hang in there - we're pulling for you!"
--
Larry Maupin
Maupin Photography
Freelance Garden Writer/Photographer
Member, Garden Writers Assoc.
larrymaupin@sbcglobal.net
Dallas, TX   214/341-3933

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