This Photograph Is Not Free

The photographer’s beef is with people who want to take his work, use it in their own publications without paying him anything, and then tell him that he should be happy with such a deal because he’s getting free publicity out of it. But this photographer did not get his camera, lenses, computer, etc. for free, and the people who want to use his work are doing it for an enterprise where they expect to be paid, so why should the photographer be the only one holding the bag?

The “$6,612” number is beside the point. A publisher who says “I will pay you one dollar for the right to use that picture” is in a whole different league from one who says “let me use it and I’ll give you credit”, because the “one dollar” fellow is at least respecting the photographer as a fellow businessman.

While I agree with his main point regarding letting someone use your output "for credit", judging the cost of a photo like this is more than somewhat bogus and makes his argument sound silly (so the people that need to listen to his correct point will just turn off long before they get to it).

The replacement value for a photo has nothing to has very little to do with what it cost to take the photo, or what it would cost the user to have the photo taken especially for them.

Most photos are worthless except to the person who took them. If someone uses your photo without permission you have not lost the photo so it does not need replacing.

What he may have lost is the price he could have commanded for exclusive use of the image, because he can no longer sell/license exclusive use (as it has already been used). So what he would need reimbursing for is the value he could have gained through such licensing (plus any relevant legal and admin fees), not the cost of taking the photo (which might be far a greater amount, or might equally be a far lower one). It is an opportunity cost issue, not a time-and-materials cost issue.

The "cost to make from scratch" argument isn't really valid either: you have to consider supply and demand of the "images for license" market as generating the image from scratch is far from the only alternative option. There may be many photographers out there with similar images at a much cheaper rate - said images may be less perfect for the intended use, but the price/availability difference may make this an acceptable compromise.

Of course he has now set a fixed price for the image If you use it without negotiating a different price then this is what you can expect to have to pay when found. It might be a silly price, but that is the price: take it, leave it, or try negotiate something else - simply taking something for nothing because you disagree on price (the position taken by many people when they try to justify downloading a movie or game from an unofficial source) would not be acceptable.

Your point regarding only publishing the small version of the image publicly is a valid one, and the only way to protect the exclusivity of the larger format image: but this isn't perfect because once the larger format image is out there it is no longer protected because it may be used in a way that allows it to be copied and reused without permission (any contract with an exclusivity clause would need to be carefully worded to make it clear who is responsible for protecting said exclusive use: who (the creator or the licensee) should be responsible for chasing unlicensed users who have taken the image from the licensee's materials? (the source copied from being identified by the watermark you describe)).