This photograph is free

"I worry that this leaves creativity at a social disadvantage to physical commodities, selling Coke or furniture or razors or stocks, which are jobs that provide a steady salary that help people live" -- you're on to something here.

And you're right. Since anything and everything that is digital can be pirated, if you are trying to make a living only selling digital goods to the masses, it makes it a lot tougher.

The commenter below mentioned developers who put apps out in the app store, and that it would be hard to make a living doing that. That's for sure, it would be. That's why you put out an app in the app store as a side project, and use the leverage that it's popularity gives you to get a more high paying job making custom apps for companies who can't just buy the exact software they need off the app store.

If you are a professional photographer, I would assume that you get paid to do "gigs" - a photo shoot for a magazine, photos for a band's album cover, whatever. The magazine needs an expert to do this custom job just for them - they can't buy what they need for their fashion spread off a stock images store.

That's why making a living only off stock photos is tough. That's why making a living only off app store apps is tough. That's why making a living only off selling stuff in the envato marketplace is tough. And there are only a few of the absolute best and most popular people on these sites that actually do.

That doesn't mean if you're not one of the people doing this that you're not talented. That means you have to realize that putting out works, creative or not, into stock marketplaces or elsewhere in the open that many people could have a use for means that you should stop fighting it and just allow the many people to use them. It will be a good thing on the side, and boost your popularity, whether or not you could potentially be losing a bit of money, technically, by doing this.

If you need to make money, you should find a market where you are producing custom work for people who need it at a professional level. I write code for a living, and I try to make open source stuff as much as I can. I love the thought of people finding my stuff useful, and I code it for the love. But I also have enough money to pay the rent and for food because my main job does not involve writing general purpose code for the public, it involves writing very tailored code for one company at a time.

> It was an attempt to influence OTHER photographers not to give away their photos for free.

At some point, photographers will need to understand that their work is not that unique and that the wealth created by the community through sharing is much greater than that derived by a single artist through the licensing and sale of their work.

I can understand why this would piss photographers off, but I can't agree with the "justifiably" part. When I ride my bike home from a bar instead of taking a cab, the cab driver might be pissed. Should he pissed at bike manufacturers? I'm sure horse whip makers were pissed at Ford for selling cars, and lowering the overall value of their industry. Why should photographers get special protection from market forces?

This is a really interesting case about how we need to confront the issue of rights when something is made public. It seems a little ludicrous to suggest that something like the Eiffel tower lights display is copyright, when it is obviously put on for the public purpose of having millions of people see it.

On the other hand, it seems ludicrous to demand that because someone puts a picture on their web page, it is now public in the same way, and that the creator should not be able to control the market for it.

I do think it is worth thinking about the idea that there is a threshold of publicness after which point a work ought to become subject to mandatory licensing. The intuition is that if a work is kept sufficiently private, it is not involved in a substitutable market for similar items. If it is made sufficiently public, then it is competing in a market for other substitutable creative goods of the same sort. Another intuition is that there's a threshold of publicness after which it becomes fair to assume that the rightsholder is interested in wide distribution more than controlling use, or that after a certain threshold of publicness, a creative product has been introduced into the public sphere as a cultural artifact that others ought to be able to use freely.

Right now all we have is a binary move from rightsholder-retains-complete-rights to public domain, which has led to the craziness of current copyright law. If we had some intermediate stages of publicness and the rights split between creator and public, perhaps we could come up with something more sensible.

> "All of the professional fotogs I know are paid not for photos the have taken, but for photos people would like them to take"

You don't know any stock photogs?