“Photos don’t take themselves”

Posted by Georgia on April 7, 2010 at 3:17 pm.

In recent times, the photo below has appeared in two Trinidad and Tobago publications, UWI Today and Newsday.

Thomas Glave

In both cases the photo was used to advertise a public lecture by the photo’s subject, writer Thomas Glave—a lecture, I should add, that I’m glad to see taking place, as it presents a rare opportunity for a rational discussion about homosexuality in the Caribbean. The event also features my friend Colin Robinson. But all that’s beside the point, at least for the purposes of this blog post (listen to the podcast I recorded with Thomas and Nicholas Laughlin here). The point is that the image belongs to me, though there was nothing in either publication to indicate that this was the case. In Newsday’s case, the published version of the image even bears a Newsday watermark.

On learning of the Newsday instance, which, coming on the heels of UWI Today, was the straw that broke the camel’s back, I made like a 21st century person and went public about the incident on Twitter and Facebook. Within a few hours I’d received an e-mail from Vaneisa Baksh, the editor of UWI Today, apologising for the error. She said she had come across the photo (uncredited, of course) on a web site advertising a reading by Thomas, and thought it was a promotional image. (I suspect it may be this site, whose owners will be hearing from me very soon). UWI Today is now in possession of an invoice from me, which Vaneisa has promised to shepherd personally through the labyrinth of the UWI finance department, and I’m deeply grateful for her gracious handling of the matter.

I’m still awaiting a response from Newsday, whom I also sent a note and an invoice, though to be fair to them, it was sent only today.

As a number of my Facebook friends have expressed an interest in the details of the matter, I’ve decided to make public the text of the letters I sent to both publications.

The letter to UWI Today:

Dear Vaneisa -

Many thanks for your messages and for understanding my position. I was alerted to UWI Today's use of the photo when the edition was first published, and have been meaning to send you a note (plus invoice!) since then. But then came Newsday's more egregious use of the image, to which UWI Today's initial use became an unfortunate footnote.

The sad reality is that all it takes is a single uncredited use of an image and it's downhill from there, and I do acknowledge that UWI Today was not the original violator. I think the more important point is that photos don't take themselves: any published photo should be attributed either to its owner or to the person who granted permission for its use, unless it happens to be in the public domain. I deliberately release my images under a Creative Commons Attribution-Noncommercial-Share Alike 2.0 Generic licence (http://creativecommons.org/licenses/by-nc-sa/2.0/deed.en), which allows anyone to use them for non-commercial purposes as long as I am properly credited. This eliminates the need for people who wish to use my photos for purposes covered by the licence to contact me (though most do so anyway), and is also in keeping with my conviction that rigid copyright regimes stifle creativity and innovation and that sharing creates goodwill.

I acknowledge that I should have contacted you simultaneously with my posting of the status message on Twitter/Facebook, and I do apologise for not having done so. I do think it is useful to be public and transparent in situations such as this and I have already posted a response stating that you have been in touch, and will post another stating that the situation has been amicably resolved.

Many thanks again for your gracious handling of this situation. I hope Newsday follows suit! The invoice is attached.

Best,
Georgia

And to Newsday:

Dear Ms Sheppard and Ms. Lum Wai -

I am writing in connection with Newsday's uncredited use of a photograph belonging to me in the newspaper's Monday April 5 edition (see attached screenshot). In addition to your publication's failure to include a credit, a watermark layered over the image appears to suggest it belongs to Newsday (see attached screenshot). You can visit http://www.flickr.com/photos/georgiap/2519630706/ to see the image as I originally posted it online on May 24, 2008.

I understand that Newsday may have been misled by UWI Today's (also uncredited) use of the image to advertise an event featuring the image's subject, writer Thomas Glave. But the more important point is that photos don't take themselves: any published photo should be attributed either to its owner or to the person who granted permission for its use, unless it happens to be in the public domain. I deliberately release my images under a Creative Commons Attribution-Noncommercial-Share Alike 2.0 Generic licence (http://creativecommons.org/licenses/by-nc-sa/2.0/deed.en), which allows anyone to use them for non-commercial purposes as long as I am properly credited. This eliminates the need for people who wish to use my photos for purposes covered by the licence to contact me (though most do so anyway), and is also in keeping with my conviction that rigid copyright regimes stifle creativity and innovation and that sharing creates goodwill.

I trust that Newsday will understand my position and I look forward to this matter being amicably resolved, as it has been with UWI Today. I hereby enclose an invoice for use of the image.

Sincerely,

Georgia Popplewell

9 Comments

  • Joshua says:

    I feel your pain…

    The Trinidad Guardian recently felt the need to use a photo of mine from Grenada Carnival in an article about soca artist Talpree.

    Several phone calls and emails went unanswered until mention of my lawyer. I still have not resolved payment as they were hoping to pay me the freelancer rate after publishing and ignoring me.

    ::sigh::

    Best of luck!

  • Georgia says:

    I’m really sorry to hear that, Josh. It seems that neither the Guardian nor the Express has a particularly good record of making good on their copyright violations. I know of at least one person who was paid by Newsday, however.

    I hope your situation is resolved soon.

  • Chennette says:

    The Express’ 2nd breach involved taking my photo from another blog (who subsequently credited me after I informed him) – but they never asked that blog-owner permission either. And just because lots of people steal my doubles photo, does not mean that it can be assumed that it is free to use. It was clearly their policy to take freely what they see online.
    Not being in the media/photography business however, I have no idea what the going rates are for use of photos from which to assess use/damages – any ideas?

  • Jonathan Ali says:

    Last year Andre Bagoo asked if he could use one of my photos for a story he was writing for Newsday about the launch of the t+t film festival. I said yes, as long I was credited. Not only did I not get a credit, but the Newsday watermark appeared on the photo. I never followed up on this but I’m glad you did in your case, G. I certainly will do as you have done in the future.

  • Georgia I feel for you and I hope this issue is resolved. Over time I have learnt a few lessons

    1. Watermark your pictures: every single one.
    2. There are sharks out here who would use your intellectual property for their gain.
    3. (This one I learnt lately) Not because a company has a “big” name doesn’t mean that they wouldn’t steal your content and pictures for their gain.

    Be warned and protect yourself. Stay strong!

  • Ian Bourne says:

    I had the same problem with Heat Magazine in Barbados, but in my case I called the Editor and said if you do it again I want you to place my URL big and bold as I don’t want cash, just people to come to my site – he promised “Yes!” but never use my pics again…

  • Stephen Lovell says:

    Georgia, I feel your pain. After broadcsting my footage, a local TV station indicted that no contract existed between us. In a very strange twist they have opted to pay me via a third party who was in no way connected with the video.
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