| A photobuyer calls you and says, "We like the | | | | A graver problem regard digital images is that it's |
| photos you sent us and have scanned two dozen of | | | | possible to easily pass them on to others (swapping). |
| them into our database." | | | | If an ad agency goes out of business (check the |
| "You what...?" is your response. | | | | Yellow Pages and you'll see how often this happens |
| The photobuyer responds, "You have a lot of | | | | from year to year), or photobuyers begin trading |
| pictures that we feel we could use in the future. | | | | images, your images, or parts of yours, could be |
| We're building an in-house reference file. Any | | | | involved in the action. |
| problems with that?" | | | | THEY KNOW YOU |
| Consider it a compliment. Scanning of photos by a | | | | Again, however, if you are working as a specialist |
| photobuyer needn't be a threatening experience. | | | | and deal with repeat buyers in the editorial field, you |
| Twenty-five years ago, when photocopy machines | | | | will know your buyers and they will know you. You |
| were new, a buyer copying a photo "for the files" | | | | can encourage these folks, potential repeat buyers, |
| seemed tantamount to copyright infringement to | | | | to scan your photos for their reference files. |
| stock photographers. Gradually, however, stock | | | | I should say that I am in the minority on advocating |
| photographers saw they were getting sales from the | | | | that you allow photobuyers to scan your photos. But |
| photocopied reference photos on file with | | | | most of those with the opposite view are in the |
| photobuyers. | | | | commercial field, or are editorial stock photographers |
| The same is happening today with scanning. The | | | | who spend a portion of their time on commercial |
| photobuyer scans photos to obtain low resolution (i.e. | | | | work. |
| not reproduction-quality) "thumbnail-size" images to | | | | My own thirty-five years of involvement in and |
| put into their reference "view-only" database. A | | | | observing stock photography, tell me that for the |
| software program cross-references them. | | | | editorial stock photographer, thievery has never been |
| In the future, scanning your selections will be | | | | a problem. But if you are like most people, and want |
| commonplace. No need to fear thievery any more | | | | to deal in both the editorial and commercial divisions |
| than you do at the present. And particularly if you | | | | of the stock industry, it is an important issue to |
| are working within the confines of a photobuying | | | | consider. With this in mind, here's one photographer's |
| community where you know your buyers and they | | | | negative experience. |
| know you. It's important to remember that the | | | | Ann Purcell is an author and nationally-known travel |
| editorial photobuying community that you are | | | | photographer. She relates this adventure with a |
| working in makes all the difference in the world when | | | | commercial client who scanned some of her images: |
| it comes to the issue of thievery. It would be rare to | | | | "Here's one of my experiences with scanned in-house |
| hear of larceny. | | | | reference photos. One of my photo agencies sent a |
| In the editorial stock photo field, I've never heard of | | | | selection of photos to a printer company for an ad. |
| a photobuyer intentionally "stealing" a photo. There'd | | | | None of the photos were selected to be used, but |
| be no sense to it. The photo editor has a budget to | | | | they were all scanned. Lo and behold, about six |
| work with; there's no material profit to him or her to | | | | months later, one of the photos came out as a |
| "borrow" a photo on the sly. Besides, the photo will | | | | full-page ad for the printing company. The company |
| be seen by hundreds, thousands of viewers. Most | | | | ended up paying me $15,000 for the copyright |
| gangsters say this is not a profitable way to get | | | | infringement. |
| away with something illegal. | | | | "They also paid me $10,000 for use of the picture. |
| In commercial stock photography, however, there | | | | Then they must have changed photo researchers, |
| can be a different attitude and circumstances. The | | | | because....... Lo and Behold.....Six months later, another |
| commercial field can brew more reasons and | | | | follow-up ad used the SAME photo, again without |
| opportunity to "borrow" someone's photo, especially | | | | permission! This time they paid $10,000 for the use |
| for a local or regional brochure or promotion. | | | | copyright infringement of the picture. That's $35,000, |
| If you're involved strictly in editorial stock | | | | all due to having had in-house reference scans and |
| photography, the above kind of information might be | | | | photo researchers who knewnothing about USA |
| news to you. If you deal extensively in commercial | | | | copyright laws!" |
| stock photography, it's not a surprise. | | | | Yes, this does happen in commercial stock |
| You have a choice which area you want to work in. | | | | photography. But does it happen when you deal with |
| Scanned images come in a variety of forms. The 72 | | | | editorial publishers such as textbook companies, book |
| dpi-scanned image is an excellent reference image. | | | | publishers and magazines? Rarely, and then it's usually |
| However, the image can be "decompressed" and in | | | | an honest mistake. We're all entitled to a few of |
| some cases be used as a 300-dpi image. | | | | those. |