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 6th 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.
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