Literature Review

One of the most common artists rights contract violations among photographers is their clients further editing or altering of photos posted on social media platforms. And with the growth of new (new to the photography world) social sharing apps, specifically Facebook and Instagram, copyright and contract violations are more of an issue than ever. With this arises the topic and discussion of who really owns the photos, and the importance of photographers using and enforcing their contracts. Let me begin by explaining a little of the legality behind my topic.

            A good friend of mine, also in the field of arts, said “I wouldn’t want to step on the work of the artist.” (Peschel). She explained it in different terms. It would be like taking someone’s song that they composed and changing one thing they didn’t like about it. It is now not the work of the artist, it is the work of that person. And if it sucks and your name is still attached to the work, well, then there goes the artists reputation. Similarly, when clients alter their photos after they are delivered by their photographer, the edits may not reflect the work of the photographer and deter future clients. Not only deter future clients, but its just plain rude to mess with an artists work. There is a lot of legality attached to doing work in this field. Along with the taxes, model and minor releases, insurance, and many other things, there is the very complex world of intellectual property law.

            Intellectual property, or IP, “refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.” (WIPO). IP is protected by law. IP not only helps small businesses reap financial benefits, but it largely helps to support the national and state economics. It also drives competition among businesses. In fact, because of the competition the direct and indirect economic impacts account for over 40% of the U.S.’s economic growth. Because of this, it is important that we as citizens follow the law (obviously). So by altering an artist’s IP, whether that be musical works, an invention, or photographs, you are breaking the law. For photographic IP, if it specifically states it in a contract signed by both parties involved before delivery of the images, then you are not only breaking the law, you are violating contract. It is important to always follow the contract and always respect the wishes/rules of the photographer’s work. After all, you hired them because you liked their work and editing style. Even if it is not stated in their contract directly, clients still do not have the rights to the photos delivered and I think that people need to be educated about this. It is all about respect, keeping the business and that business’s work safe, and following the laws of IP.

            I have done a little bit of research over the years on this topic and it can still be quite confusing. The world of IP law is very complex, but the underlying principle remains the same over all media platforms. The rights to IP belong the one that has created the product. Over the past several weeks I have narrowed down my research to just a few methods. These methods are simple, but I believe they have the biggest impact on gathering the information needed to make sense of it all. The methods I chose are not broad like articles online can be. As I found out, online articles are not very specific in research of this nature. On exception of this might be the online photographers blog, run by a lawyer, called The Law Tog. I have used an article of hers in my research as it directly relates to my topic. But other articles I have found focus on too broad of subjects. I used a few to get general ideas, which you will see in my final paper.

            The final three methods consisted of concentration on those directly affected by photography and social media. I chose to speak with three photographer, two on a smaller, local scale, and one on a larger scale who works with surrounding areas and a wide variety of clients. This method focuses on the business aspect and can accurately show the effects that IP law and contract violations have on the creators. It also shows how social media has changed the way that photographers set up contracts and conduct their business including; contract wording and content, online bookings and marketing, IPS (in person sales), sneak peek posts, and the medium of delivered goods.  

I then chose to speak with those (the public) that have had their photos professionally done. I asked them a simple question and got their input and the results were not as surprising as I thought they would be. I kind of figured based on my audience what the answers would be. It is reassuring to know how the public views the topic, but also kind of discouraging (topic on self-perception). I will explain more on that topic in my final paper. This method of research is essential in the process because it offers the opinions of those not an expert in the field. It can help improve business for photographers as well as offer insight to how the public perceives their photographer and other artist’s works.

            I then reached out to several lawyers to try and get a professional opinion and an accurate representation/interpretation of the laws set in place for IP and contract violations. I respect the legal field and all that their careers entail, but I think some of them were being a little stingy on their answers. I eventually found a wonderful, highly successful lawyer to speak with about the topic. His name is Geoffrey Hall. He has been in the practice since 1988 conducting business in partnership with other lawyers and then forming his own private law practice in Blair, Nebraska. He now serves as a judge on the District Court in the 6^th Judicial District. Because he does not currently practice as a lawyer, he was able to fully answer my questions in depth. I think it is important to get the legal side of the topic under my thumb before moving onto the private small businesses and the publics opinions.

            Overall, the methods are simple, but create accuracy for an important topic in today’s growing social media society. Growing social media platforms call for growing and changing how business is done. Contracts and laws to abide by these contracts play an essential role in protecting both parties involved. It keeps the business’s reputation safe for conducting future business, and keeps the clients safe in their understanding of the importance of such laws and contracts.

Sappy Quotes and Media Accounting

            When I was in those awkward in between years, I relied on quotes that I found on Pinterest to explain my feelings to the outside world. We all know those in between years were the worst on our mental wellbeing. I would use those quotes to find meaning in myself, to find meaning about the world, and I would just collect them because I liked them. I had a wall of quotes in the shape of a heart… pretty sappy and very typical, huh?  I think even still to this day a good inspirational quote can life me up, or help to explain a feeling I am having. And if we really take a step back, I think we can see where these quotes really came from.

            Quotes just don’t pop up out of nowhere. They are said by some very inspirational, influential people (whoever that may be to you).  These quotes were often written in the journals of people from centuries and generations ago. Take for example, Ralph Waldo Emerson. He kept journals full of his wisdom-filled thoughts about life after setting out on a “peopleless” journey to find himself. I am sure we have all heard the quote, “Do not go where the path may lead, go instead where there is no path and leave a trail.” (Emerson). Many of his infamous quotes were first recorded in his journal, which as we have learned, was the earliest form of social media. And now on this newer generations form of social media, all we have to do is google “Ralph Waldo Emerson quotes” and BOOM.  A whole universe of quotes pops up.

            Below are 20 screenshots from twitter after searching the hashtag “MondayMotivation”. 

Among all of the paid promotions and typical celebrity workout posts, were some very heartfelt and meaningful #MondayMotivation. And as I stated before, I am a sucker for these kinds of things, so I went for it. These quotes amazing examples of the media traces we leave and all of the media accounting we do on a daily basis. From before the internet was even a thing, to posting these quotes on Twitter.

            When discussing The Qualified Self by Lee Humphreys, I found myself thinking about all of the journaling and scrapbooking I have done, and still do (I guess I’m old school!) and how I have seen myself grow and mature though those pages. Herein lies the idea of “media accounting”. This is the process of documenting our presence and explaining our presence and action through a media platform. Whether that be a diary, scrapbook, wall of quotes, a tweet, or an Instagram post. All of my written quotes and accounting of times and things and people and thoughts have all been documented. Maybe for one day to be read and published as some higher thinking, probably not… but nevertheless, I think all quotes we like, share, and post stem from this age-old idea. They are in a round about way, collections of our thoughts, just written out for us to have been discovered as #relatable or #butwhyisthisme. Humphreys also suggests that “… media accounting is an important way through which we come to understand processes and change- changes about ourselves and others.” (Humphreys 13). One day at a time we see the traces. A quote posted here a quote posted there, but when we take a step back we can see all the changes over a period of time we have made.

            These people posting these quotes with the hashtag MondayMotivation, are sharing themselves through the quote they have chosen, as well as hoping it will inspire others. This kind of media accounting can be seen all the way back to Emerson. He is sharing bits of his own weaknesses and strengths in the quotes he creates, and those reading them find them relatable, even in this generation. I think we all have a soft spot for a good motivational quote. Even those that are blunt and make us giggle a little… because cussing is bad and makes you sound unintelligent. Like Humphreys suggests, this kind of accounting encourages better behavior and mindset. It gets you thinking about yourself as you think about others. 

The Method

            My method for selecting data will be a little difficult to define. I am going to jump right in and say that in the arts there isn’t a definite answer. For the law/legal side, definitely. So, there will be two separate research methods I will have in place. At the end I will merge them both together to form one thought. I want to begin with the more legal side of things. There also lies the issue that photography laws and contracts and rights are going to be different from state to state. So it is not always that simple to go onto a government site and simply search for it. There will be some digging!

Here is a list of sources that I will be using to conduct the legality of contracts and copyrights and its content:

https://blog.kenkaminesky.com/photography-copyright-and-the-law/

Connors and Brenke Law Services

https://photographyspark.com/photography-business-legal-overview/

https://thelawtog.com/client-breaches-photography-contract-now-what/

https://thelawtog.com/blogs

I would like to focus on the legality of copyrights and the importance of contracting between client and photographer. I would like to get people informed about the importance of creating these documents and how they can help keep business safe. The first step in the process for this project is educating myself, as well as other, on the laws and information needed. I will go in and pull the information on what is legal, who has rights, and what forms are needed for this. I am also getting in contact with two different law services and am getting some legal advice on contract violations. I would also like to look at some actual cases on breaches of contracts through some law companies. I believe this could give me a good look into what all happens on that spectrum.

I will also be looking directly at examples of other photographers contracts and seeing the effectiveness for that specific business. Are their loopholes? Is the wording fair and understood by both parties?

For that, I will be in contact with:

Leigh Slaughter, owner of No Limits Photography

Michelle Valenzuela, owner of 1044 Photography

Brittany Wright, owner of Free Spirit Photography

 And maybe a few others from larger companies. I am still waiting for responses.

These ladies are wonderful photographers and I value their work. I will be asking to see their contracts (if they have one. Which they should!), asking about any stories they have about contract violators and how they dealt with them, and their experiences with laws and copyright issues.

            With all the information I will have gathered, comes the second half of the research. I will be asking those that have violated contracts, or even questioned contracts, and get their input. Is there a way we can further educate those that do not understand the importance of the contracts, or the importance of photography all together? Or maybe those that don’t value the art, there can be a way to get them to value the work their photographer did. I can ask people I know specifically, or I can ask people I am in a facebook group I am in. Everyine is generally honest on the page ( A Photogrpher’s Community). There will be a point when the research needs to stop and I will have all the information I need I am excited to see which direction this project goes!

With the resources I have gathered so far, I think that I should have a good basis to my project. Educate, question in in action from the photographers standpoint, and get in the minds of violators!

 

 

Research Post 1: The Five 'W's

            Hello all! My name is Lauren B. Riley. I am a junior at Texas Lutheran University majoring in Communication studies with a focus in journalism. With my degree I plan to work at a publishing company doing photojournalism or writing while my own photography business continues to blossom and grow. As part of a class I am currently enrolled in here at TLU, Social Media and Society, I am going to be doing a research project. Over the course of the next couple of weeks I will be posting my progress here on my blog. How exciting! Coming up with a topic for research was not hard. Obviously photography was going to be my number one interest. (Are y'all tired of me talking about photography yet?... sorry not sorry!). For my research project I would like to cover the topic of copyright/contract violations regarding posting photo content on social media. What is the pull of doing so for clients if they paid to have the photos done a certain way, especially if they love that photographers style. I think it will give me a great outlook and resource into my own business as well as get others to be more involved in the conversation.

            To conduct my research, I plan to ask other photographers that I know directly, their experiences with the matter. I know so often times we get upset and don’t know directly how to handle the situation. And for a lot of photographers out there, getting a lawyer to help create contracts is not so much an option. Let alone trying to keep up with violators. I may also talk with a lawyer to get some insight on what consequences are. I also plan to look up the real laws of copyright and photo content online. What counts as actual stolen content and what does not? I can also use the library resources on government policies. There also lies the issue of what constitutes as a legit business. Some people claim that they are legit without any licensing, such as LLC. or Sole Proprietorship.  

            I am hoping to get a lot of information from primary sources that are available to me through my city, school library, and fellow tog friends on my Facebook. This information will allow me to have a very clear look into the world of social media in regard to what is right and what is wrong. However, I do not expect to have a clear answer to the ethics of those that choose to violate such terms set by photography business. To each their own with reasons. I can only expect to take educated guesses by potentially speaking to violators (I have a few of my own!).

            This project should be fun and informative! I hope to get others really thinking about their decisions when posting photos online. I am concerned about running into the issue that each and every contract between client and photographer are going to vary, especially between businesses. After all, they are custom to fit each business. I am not sure how I could get this information other than asking to see contracts directly, which some togs wish to not share with others. I hope that others will find this project helpful and I hope to maybe keep some people out of trouble! Thank you for coming along this journey with me. It should be exciting!

Reckoning: Understanding the World Around Us Through the Media Traces We Create

Reckoning is a fairly simple concept, with a complex worldly outlook. The media traces we create help us to understand ourselves, as well as the world around us. We can see the things we are finding worthy enough to post all in one place. This allows the opportunity for the world to make judgment on us, good or bad, and we find some kind of value in this. By posting these photos of ourselves, we see it from a different perspective, and experience it in a way we would not otherwise in the actual life event.

Reckoning allows us to scrutinize ourselves and others, which in return allows for a change in behavior. The posting of photos an examining of others photos is a form of self-discipline. Much like Humphreys suggests about families reading their children’s diaries. They wanted to encourage proper behavior and behavior changes. Personally, I write in a journal very frequently to work though personal issues and as an outlet for myself. Within the writings, I see the things about myself I need to change and I do so to value myself more, glorify God, and to keep my mental health in check. So, is there really a difference in writing in a journal and posting things about ourselves online? “The act of writing, and that is which written, becomes the reflection of both the self and society.” (Humphreys 92). This goes for the things we post. It creates a form of identity. It allows us to understand ourselves.

We must also take into consideration the censorship and interpretation of the thing we post, as well as the things we see being posted. Media Accounting is based on “evidence of actual events, activities, behaviors, or experiences.” (Humphreys 93) and as with all accounts of photography, it is subject to interpretation, both by the creator as well as the viewer. Much of what social media is today consists of the, “Look! I did a thing! Do you like this thing I did? Look how happy and awesome I am!”. It is the accounting of the event that made the event happen. I think we are all susceptible to this kind of thinking. I am guilty of this too. For the most part, I post on my media accounts as a place to collectively store the moments I deem to be most important, but every now and then, I just want to brag to the world and let it be known that I did a thing. But, as also stated by Humphreys, media accounting is also important from a historic standpoint. 

Family photos from my mothers side, dating back to the 1820s

Reckoning through media allows for an inside look at what the culture and society has looked like from time period to time period. Above is a look at some of my own family photos from the 1800s. (I guess big ears and big foreheads run in my family!) Much like old family photos and old diaries being put up in museums, it gives us look into the times gone by. What was the dress like? what did they do for fun? Who was in what family tree? Without all of this documentation, how would we know how we have progressed as a society and culture? In modern terms, we do this same thing.

We can learn professionally from this kind of reckoning. Looking at ourselves and others from a different perspective can improve the way we do things. Looking at Humphreys example with the GoPro, strapping this camera to our bodies allows us to account for the activity, as well as see the things we need to improve on for ourselves. It allows us to see the world in seemingly infinite ways. Ways to experience the world we might not otherwise experience. Like seeing vacation photos of a friend or celebrity. I would LOVE to go to Greece or to Morocco or to Ireland or to Italy, but the opportunity is not there, so I live the experience through someone else’s media accounting and of these selfies we see are an idea of self-surveillance.

Selfies as these should not be seen as self-absorbed documentation of oneself, but rather be seen as empowering. And these collections of selfies or collections of encounters with the world, known as aggregation, is also important in society. It is in these collections that we see the changes in a person or in society as a whole. I like to use a photographic series about living with depression. http://www.dailymail.co.uk/femail/article-3240571/Photographer-suffering-depression-captures-mental-illness-haunting-series-self-portraits-raise-awareness-disorder.html This photo series has always been a favorite of mine. We can see the self- documentation of the struggle, but we also are aware of his growth. On a less sad note, the example that Humphreys uses is the common over the years photo series. These photos create a picture of growth in a child and account for the life that has been lives. We can see the changes overtime that we may not have been fully aware of in the moment. For another example, take a look at your pets. Do you remember a time when they were still a little pup? The aggregation can document the changes we wouldn’t really take note of. 

The Aggregation of my puppy, Gracie Jane

            This leads to the next step in the reckoning process.

The aggregation process leads to reconciliation. Engaging with the media that is put out by ourselves and others, even if we do not know we are doing so. We often look back at old things that have been posted and this helps to support what we feel about ourselves and reinforce what we have been and do feel about the things we come across on social media. We see old things pop up on our timeline and often wonder if we have changed at all. Physical changes may be very prevalent, but what about mental maturity? It is a step into understanding your own personal growth. Much like reading back at my old journals, I can see tremendous growth! From an anger filled, severely depressed, atheist younger version of myself, to a recovering, growing, happier, God filled version. I can see that in my own media accounting as well. I have never posted such thoughts or photos I’ve taken as social media was not available to me, but I can still look back, recollect, and see my growth. I can see the growth of everyone around me as well. I can say a lot of major life events can definitely change more than one person. We can also see this through those #throwbackthursday and #flashbackfriday posts. We love to see change. We also love to be nosy and see other peoples change. All of these changes we see are just evidence of growth, change, and history of the culture we live in.