Monday, June 16, 2014

Fair use

"his stuff is all over the internet. he's grateful that the old stuff isn't totally forgotten. interior design is all fashion and people tend to disregard and even sneer at everything that isn't the latest. thanks for keeping it alive. and thanks for giving photo credit!"


The above quotation is from correspondence I had with the partner of a very well-known and excellent photographer – I'd said I hoped he, the photographer, was not offended by my use of his images and that where possible, and it usually is, I always give credit. I won't name the photographer (his is one of the best-known names in the business) but it occurred to me as I received a reply to my email that, though credit is given, rarely are photographers discussed as the creators of a genre of interior design imagery –  imagery than impacts our perceptions immensely. Anyone who has ever seen realtor photographs or a blogger's photographs, of known interiors, and compared them to the professional photographer's images, knows the contribution made by a professional.

It would be invidious to compare the work of the photographer of, for example, of Howard Slatkin's apartment on New York Social Diary to that of the photographer of Slatkin's book Fifth Avenue Style, because the circumstances under which the two bodies of work were created were completely different. Yet making a value judgement is unavoidable and, to my eye, one set of images makes the place seem disorganized and cluttered. Given the same set of circumstances, in either case, the differences are likely to be those of accent and emphasis.

These days it seems every photo ever taken, attributed or not, is all over the internet. I was amused to come across one of my images, to which I make no personal claim, which I recognized by the streak my scanner had left down the image, on a blog the other day. Though my blog was credited, I was surprised to read that the image was "compliments of ... " Really, compliments of me?! Who's complimenting whom?

None of us who borrow images from magazines or books has rights to them. We may use them as narrowly defined by copyright law (Fair Use) and no profit may be made from them – the reason I won't allow any advertising in The Blue Remembered Hills.

The quotation I opened with indicates to some degree the frustration professionals increasingly feel at the overwhelming plundering of images that continues unabated.

I took the photograph above with my iPhone and for what it's worth you may copy it all you like.

10 comments:

  1. I've had whole posts copied from one of by blogs, so have a jaundiced eye about these things. While it's good to have one's work "out" there, it being out there without attribution or credit is stealing. Bringing a case? That is an expensive proposition.

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    1. Daniel James Shigo, thank you. It's a morass of rights and wrongs and I haven't a clue what should be done. Watermarking, perhaps?

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  2. ArchitectDesign, quite! As you say, it's only fair after all!

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  3. My original comment didn't go through! technical problems today.
    This is a topic that it pretty controversial for a lot of reasons. A lot of the 'big' blogs, that actually make a LIVING off their blogs, do nothing BUT copy photographs from magazines, and indeed whole spreads. I think that only hurts the magazines because why buy the issue when the ENTIRE article is available on some blog?
    Anyway - in my own experience, a few years ago I had a nasty run-in with a well known photographer when I featured a blog post on a book and used a few of the images -which I of course attributed not only to the book and to the photography but also to the author. I received a nasty email threatening legal action from the photographer's lawyer if I didn't remove the posts and images despite proper accreditation! For the record, I make less off my blog than a cup of coffee or two per month. Ever since then I have stuck to using my own (very) unprofessional photos from my iphone and my 12 year old canon sureshot which fits so nicely in my pocket but honestly takes awful photos. Does my blog suffer from it? I think some would say it would but I would like to think the best blogs, and I try to write as good a blog as I can, are more content based rather than merely 'pretty pictures'.
    So while I can see both sides of the picture, I chose myself to stay well out of the game and rarely feature a photograph I didn't take myself. But mere accreditation isn't enough I don't think, one must also properly source the image as well as web link back to it and the photographers own website!
    Ok - this is about 1/3 of what I wanted to say but I don't want to ramble. Thank you for posting this!!

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    1. ArchitectDesign, thank you again. I shall make no further comment on what you say as there is no need to. You've said it all!

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  4. Mr. Blue, does a point-and-shoot camera make a fabulous interior look mediocre, or just show it as it really is? Can a talented photographer and PhotoShop make a mediocre interior look fabulous? These two questions came to mind when I saw a recent story on a site more geared to social reporting than interiors -- and therefore not willing to pay for glamour photography. But I would be interested in your opinion.

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    1. A photographer acquaintance once told me that what sets good photography apart is not the camera, but the light or lighting. So I don’t think a point-and-shoot camera automatically makes for poor photos. In fact, excellent photos can be taken with an iPhone. Poor lighting, poor composition, or a poor photographer can make even the loveliest interior look dowdy – beyond even the salvation of Photoshop. Conversely, a clever photographer with a good sense for how to compose and light an image can improve any interior. Like all art forms, when it’s done well, you don’t notice it it… and that’s the secret.

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  5. Not a bolt-hole in sight on this quagmire. I have sympathy towards the photographers whose works are plastered over the internet without so much as a mention. I avoid Pinterest because it feels so criminal to take some one else's work with such glee and no remorse and that the photographer is not reimbursed in any way. I also tend to ignore the blogs that use magazines without regard to copyright issues. I'm not sure how this will all play out, but it is rather fascinating to watch.

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  6. home before dark, thank you. I have every sympathy with the photographers – indeed, with anyone whose work is copied or unattributed. As you say, it is a quagmire.

    There is one blogger in particular who seems to get away with posting current photos from various magazines both European and American. Not just interior design but fashion too.

    It makes me wonder if the days of blogging are over.

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