Avoiding Infringements Rather Than Chasing Unauthorized Users

Posted on 7/25/2018 by Jim Pickerell | Printable Version | Comments (2)

The biggest problem for the stock photography industry today is that in order to make customers aware that photos exist they must be online. Once online, anyone can easily grab and use them.? If the image is on the photographer’s, or a stock agency site, most users would infer that they should contact the photographers or agency and ask permission. But, more often than not, the picture is seen on Facebook, Pinterest, Instagram or some other site. No one, just looking at the image is sure whether it can be legally used or not. And if it should be licensed where to go to do that.

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Copyright © 2018 Jim Pickerell. The above article may not be copied, reproduced, excerpted or distributed in any manner without written permission from the author. All requests should be submitted to Selling Stock at 10319 Westlake Drive, Suite 162, Bethesda, MD 20817, phone 301-461-7627, e-mail: wvz@fpcubgbf.pbz

Jim Pickerell is founder of www.selling-stock.com, an online newsletter that publishes daily. He is also available for personal telephone consultations on pricing and other matters related to stock photography. He occasionally acts as an expert witness on matters related to stock photography. For his current curriculum vitae go to: http://www.jimpickerell.com/Curriculum-Vitae.aspx.

Comments

Laura Annick Posted Jul 28, 2018
Hi Jim. I have a couple comments and questions please. Firstly, I do not agree with your plan for dealing with a search where no match has been found. You're assuming that 100% of all creators will have uploaded their images and thus if a searcher cannot find an image, then it must be free to use. As you know there are TONS of independent filmmakers out there. It could take quite a long time to get EVERYONE to upload their images. I would rather see a notice saying "Image Not Found, Further Research Needed" or Use at Own Risk. I know the database is meant to be a "be all and end all" but it will take time to get there. Secondly, has anyone priced out what it would cost to build this database (and maintain it) and then had a conversation with the 10+ stockhouses about pitching in to a fund? Seems like it wouldn't take that much money on each party's part to help further protect their assets.

Sabine Pallaske Posted Oct 22, 2018
it seems to be smilar to the YouTube-solution. in my mind the best solution: in view of the current copyright debate in Europe: there must be an unambiguous allocation of the first upload of a photo/graphic/film with indication of the author and the available license rights. The technology exists, youtube can do it with notification, blocking and other restrictions. The generation of the copyright IDS and their administration must be carried out by independent service providers who are not involved in the media business.

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