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This Photograph Is Not Free

petapixel.com

21–30 of 257 posts

Re: This Photograph Is Not Free

#21

The photographer, John Mueller, is absolutely amazing and deserves to be paid for the art he produces. See his work here: http://www.johnbmueller.com Regarding the value of the photo, I highly doubt he believes a single photo is worth $6,612. He is merely trying to explain that he should be paid for his work, and he has. Arguing that it is expensive to take photos wouldn't have gotten your attention. This got your at…

What if the photo was crap, would he not deserved to be paid?

Re: This Photograph Is Not Free

#22
I'm also a photographer, and I don't really buy into this particular philosophical argument.

The problem with photography is that you're never dealing with ORIGINAL ART. When John or I give a JPEG to a magazine or website, we're not _losing_ anything. This is the same argument that the RIAA and MPAA have tried to spin for over a decade.

I sell prints of my photos, and as long as no one else sets up shop and starts selling cheaper copies, I don't see a problem with sites and magazines using my photos.

The basic gist is: You have spent $6k. You can either have your photo in some magazine, or not. You can have that free publicity, or not. The only way you are 'losing' money is if the magazine would've paid you in the first place -- but again, for a non-original piece of art that they're (almost certainly) not getting an exclusive license on... the going rate isn't very much anyway.

Re: This Photograph Is Not Free

#23
post #10

weird argument. Being a photographer myself, I understand they need to be properly rewarded for their creativity, effort and more importantly time.. but this is not the way to put your point. On similar lines, any thing you are buying day to day will cost you a fortune..be it a Coffee or a candy.

No, you understand that you want to be rewarded.

I've collected all my navel fluff for the past 10 years in jars. Give me a million dollars! (not really)

Re: This Photograph Is Not Free

#24
post #19
post #4

What utter nonsense. > * As someone mentioned, THIS single photo didn’t cost me $6,612, but if you wanted to create it, from scratch, that is what is involved. So I consider it the replacement value if it’s stolen, or how much my lawyer will send you a bill for if it’s found being used without my permission.* I hope he's never pirated a film or he could owe the studio millions and millions of dollars. He should be ar…

I don't think he said that $6,612 is the cost of licensing its photo. He said he considers $6,612 the "replacement value", should someone publish it in a magazine without licensing first. So it's more akin to distributing for profit a movie you don't own any rights too. I don't see why he would use this value as a basis for damages incurred though, since even someone publishing his photo without licensing it, hasn't…

A replacement value is only relevant if it has to be replaced - if I use his photo without permission in a magazine or a website, he still has the photo, no replacement needed.

While I am not denying him of the photo, I would of course be denying him of the revenue he would have earned had I licenced it from him, and would be entitled to demand that, and some more. If he had said that he would sue for $6k in punative costs, fair enough. Or even if he had said that he values his art at that price, and therefore that is what he charges for a single license.

Take Hollywood as an example, when they go after someone for illegally downloading a film they don't ask for the cost of a cinema ticket, or a cost of a DVD, they want a lot more than that. They don't however say "this film cost us £40m to create, that is it's replacement value, you now owe us £40m for downloading it".

Re: This Photograph Is Not Free

#27
So what if three magazines commit copyright infringement on the same photo? Does it cost $19836 now? Ridiculous.

Guess what, here's[1] 325000 photographs of sunsets anyone can use on their magazine for free. You've just been priced out of the market.

[1]: https://secure.flickr.com/search/?l=comm&q=sunset

Re: This Photograph Is Not Free

#29
post #25

Does he expect to receive $6,612 each time anyone buys the photo, or $6,612 is the total amount needed to release the photo into public domain?

He's being slightly facetious, I'd think, but: $6,612 is the amount he claims it would take the 'thief' to recreate the photo on their own. (Of course, he's only talking about material costs; he could easily claim $300,000 and get away with it, but anyway.) Thus, if the thief uses the photo inappropriately, since it "should" have cost 6k, that's what the lawyer will charge. In theory.

Re: This Photograph Is Not Free

#30
post #25

Does he expect to receive $6,612 each time anyone buys the photo, or $6,612 is the total amount needed to release the photo into public domain?

I think he expects to receive $6612 every time someone commits copyright infringement by using the photo without a license.
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