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Why Buy the Cow When You Can Get the Download for Free? There's no image--not an aerial shot of the Taj Mahal at dawn or of me as a baby--that isn't available for someone to download online. And chances are, most entrepreneurs and bloggers are doing it without paying for it.Online photo theft is arguably one of the most rampant, underreported crimes on the internet. Perhaps for the first time, the problem has been quantified: Lawrence Gould, CEO of the microstock photo service Vivozoom today announced that as much as $10 billion is lost by the photo industry from the combined theft of stock and microstock images. Throwing around a figure like $10 billion is bound to be met with skepticism and cynicism, as is Vivozoom positioning itself as the microstock company with the first, most extensive guarantee that its images are safe to use. The company backs that with a promise to cover any legal challenges up to $25,000. But Gould, who was the CFO of Getty Images when it went public, is a veteran of the field who can speak about the subject with authority. His estimate is based on the findings of the image-tracking services of PicScout, which determined that as much as 85 percent of all rights-managed images found on commercial websites are misused, as reported by its customers over the last seven years. The stock image market industry, which nets $2 billion annually, has become accustomed to unauthorized use of its photos. The two largest stock companies in the field, Getty Images and Corbis, report a combined 112,000 examples of copyright infringement a year. Even if the $10 billion figure is in question, improper use of online images is an accepted practice, as common perhaps--especially among bloggers--as music fans sharing copies of their favorite music downloads. "Online access has perhaps become two easy and tools like Google Images undermine the concept of image copyright," Gould says. "When anyone can easily find thousands of images and copy them with a couple of mouse clicks, it's understandable why so many people don't realize there is a cost associated with the use of some images." An editor at a major technology news outlet--someone with experience at one of the most respected U.S. daily newspapers--admitted to me to lifting images off the Web for his organization's site. In his opinion, if this problem were so serious, image distributors would crack down on violators in the same way the music industry went after the likes of Napster. "Maybe I run the risk of getting caught," he said, "but who's going to be able to change that? I don't know that anybody really cares." But in recent years, some stock image providers, including Getty Images, have claimed copyright infringement by actively contacting website owners and bloggers demanding the immediate removal of unauthorized images from their sites. In doing so, many have gone a step further by demanding settlements--in some cases, for as much as $8,000 per offending image. Beyond stock image libraries, photographers like Leif Skoogfors have something to say. A photojournalist whose four-decade career has put him into war zones in Central America and the Balkans has risked his life for the perfect shot. He now fights a desperate battle to stop web designers and bloggers from lifting his images without paying for them. On two photos alone, he has lost $180,000 in income, he says. "Nearly everyone who uses unauthorized copyrighted photos has a good chance of getting away with it," Skoogfors says. In many cases, he adds, violators are unaware that using the images infringes on any copyrights. Simply put, our culture has reached a point where anything on the Web is viewed as free for the taking. And these incidents are not isolated, said Skoogfors' attorney, Nancy Frandsen, who specializes in copyrights and trademarks for the law firm of Woodcock Washburn and has represented both sides in the larger intellectual property dispute. They're also the same copyright infringement issue that the music industry is fighting with substantially more money and power with which to lobby the government. Other photographers have detailed examples of image theft on such sites as the MicroStock Diaries. In one instance, a shooter reported that his photos, distributed through a larger stock company, were uploaded by violators to competing stock and microstock outlets and sold as their own. Photographers have been forced to police the sites while the agencies fail to address the thefts in any comprehensive fashion. No one can deny that online image theft is extensive, that bloggers, entrepreneurs, start-ups, and commercial sites regularly include images for which no one was paid. Even if $10 billion is an estimate that goes challenged, it underscores a philosophy entrenched among not just chronic file sharers but the masses: Why buy the cow when you can get the download for free?
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I've had my images pilfered many times to be used in for-profit endeavors.
The majority of times I've discovered this, I sent the violators an invoice and it was paid.
Read about some of the incidents on my copyright notice page:
http://www.saugus.net/Photos/copyright_notice.shtml
Also consider reading this page about what to do when your photo copyrights are infringed upon:
http://www.krages.com/copy1.htm
It's hard in these days and times with the way technology has revolutionized so much. It came about so fast that laws in place were rendered obsolete within the wink of a generational eye and that's why so much of this has occured. It's going to be interesting to see how all this unfolds into the 21st century. We are living in some pretty unique times.
You say batman I saw Vawncast the world changes..
If the value of money lost on "non-buyers" is inconsistent, than how can any policy be made to try to force infringers to buy what they obviously don't want to pay for?
Essentially, if you attack the users who weren't going to buy the photos in the first place, what exactly are you accomplishing? They won't buy the photos, even if you make legislation against them, because they never intended to buy the photos in the first place.
Now, consider flickr. As a source of free stock footage, flickr is basically the only place needed to go to get photos. Footage from people who actively will share the photos for free.
Will the next step be to force these "freeters" to not share their photos, so that companies that sell photo's dont go bankrupt?
Really, where does the blame stop if not on the heads of CEO's who can't figure out the modern age.
As for photo journalism and the such, would it be wrong to assume that having more people see your work increases the cultural penetration of ones work? Essentially, is keeping people from seeing your work increasing the value of the work in question?
This article got some press from a Tech blogger, regarding how valid the $10 billion number is. Its worth a read.
http://techdirt.com/articles/20090921/0328456266.shtml
So let me get this straight.
The industry makes a profit of 2 billion a year but if they could wipe out Copyright Infringement they would actually make profits of 12 billion a year?
I don't buy it. Not at all. Sounds suspiciously like the numbers game that the MPAA/RIAA plays all the time. If the photo industry is going to follow the lead of the entertainment and music industry with regards to how they address this problem then I think they have a bigger problem than copyright infringement.
Mikal Belicove why not do some actual reporting and dive into these numbers that you are being fed and see if they add up?
More difficult than tracking the use of images would be changing people's behavior.
If the average person waffles on the moral significance of exchanging music, they probably never even considered the legality/morality of using pictures.
best,
Chris O.
@referralkey
That's generally the rule of thumb already. I'm a photographer and website designer and use most of my own photos if I need but if a client asks for a specific image I make it perfectly clear that it is most likely NOT free and they will have to pay for it. Usually this is met with an expression of confusion. Paying for something online...? What a weird concept!
What really needs to be done is come up with a viable way of enforcing copyright usage. I don't want to be like the music industry in their unrelenting efforts to squeeze every cent out of a deal (Charging for a 30 second preview? Really guys?) but I do want to be paid for my work. My only choice now is to work specifically for clients and not submit any stock images. Much easier to track and if somehow my work was misused, I know who distributed it or can find them easier.
The real issue here is that if you intend to use the image you are downloading to make money, then it is wrong. That's plain unethical.
The entire concept of copyright needs to change. There's no physical media any more, it's just easily copied 1's and 0's.
The new rule should be: if you are using the media in a non profit seeking manner, it's fair use; i.e. using an image on your blog or listening to music at your home. However, if you intend to profit some way from the distribution of the media, then you must purchase licensing rights from the copyright holder.
Sound fair?