Photo Permission & Copyright Issues - Is this hampering a dialog?

The previous post on ASK Harriete discussed the lecture by Garth Clark at SOFA Chicago and his tour of Metalsmith Exhibition in Print: Neo-Palatial (published by SNAG). Clark concluded his talk by commenting on a hot button topic!

He suggested that images of art and craft should be made available copyright free for the purpose of supporting and expanding critical writing and discourse. A rather radical idea. But as I understand it, artists sometimes deny use of their photos to writers. Such artists commonly rationalize this behavior for two reasons......

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Comment by 2Roses on December 7, 2010 at 8:06pm: Stevie, the quotes are very representative of the attitudes within the the greater commercial photography world, and not restricted to event and editorial photographers in any way. We agree with you, and have said all along, that the best solution is a release that covers copyrights.
While you are relatively ambivalent about copyright to images you take of other artist's work, there are plenty of photographers (and professional photography organizations) who feel strongly the opposite. The point is, if photographers insist on retaining their copyrights on this issue, where does this leave the artist? Recall that Garth Clark is already calling for legal remedy because he feels this is infringing on his world.

All of this points out the growing value of information and content (text and photos). Control of content = revenue. If there is any hysteria to be had here, it will come when some hapless artist gets a surprise bill for royalties from the photographer who they already paid to take photos. A good reason to have Stevie B. take those photos in the first place.

Comment by Harriete E Berman on December 7, 2010 at 6:18pm: Stevie B., Thanks for the suggestion to get a "photo release that you can accept. One without any time/usage limits or hidden fees. "
Sounds like a great idea to have this ready in advance. So often magazines and newspapers need images yesterday.
Harriete

Comment by Stevie B. on December 7, 2010 at 2:13pm: All your base are belong to us!

The NPAA quotes are a bit of hysteria created by 2Roses for some sort of mass experiment.

The NPAA is mostly wedding/event photography & editorial photography based photographers and their comments should be read with that understanding in mind.

Just be sure and get a photo release that you can accept. One without any time/usage limits or hidden fees.

Comment by 2Roses on December 5, 2010 at 2:03am: Artists may not know that photographers have been hell bent on controlling the copyright and reproduction of images they produce for several decades. This can put the photographer squarely at odds with the artist who's work is being photographed. Unless you have negotiated a buyout of rights to the photograph of your work, you the artist do not have control over where, when and how that image can be used. Furthermore you may be required to the pay the photographer additional fees and royalties for the privilege of using photos of your work to submit for exhibitions, or any other purpose.

Here's the official line from the NPPA (bolding is theirs) : We do not sell pictures. We license their use. In addition, we collect fees for assignments and other services, we sometimes resell products (such as film, prints, DVDs or other media) and we receive reimbursement for expenses incurred while completing and delivering assignments and images.

Here's what the NPA has to say on the subject: Professional photographers are dependent on their ability to control the reproduction of the photographs they create.

Unless you have permission from the photographer, you can’t copy, distribute (no scanning and sending them to others), publicly display (no putting them online), or create derivative works from photographs.

This points out that the image of a work of art is potentially as valuable, and perhaps more valuable than the work of art being photographed. Consider that it is not uncommon to make items specifically for exhibition. These items are typically not sold, but are kept by the artist for promotional use - usually in the form of photographic images. The emergence of on-line exhibitions will continue to place greater emphasis (and value) on the image of a piece rather than the piece itself.

Artists, are you ready to pay for images of your work to be taken, and then pay additional fees to actually use those images?