Joy Garnett is known for her paintings inspired by accessible digital images. Following an exhibition of her work in 2004, Garnett received a cease and desist letter citing infringement of copyright, from a lawyer representing Susan Meiselas. After a debate, which became known as 'Joywar', both put forward their perspectives in an article for Harpers Magazine titled 'On the Rights of the Molotov Man'. Search for the article online and read it. Think about how you would feel if someone created an artwork that appropriated, referenced, or remixed your image. Apart from possible legal action, think about how you could use your practice to resolve the issue? Post a diagram or sketch describing what you would do. Comment on three of your peers' posts. Please note that the aim of this discussion is on challenging your practice. While copyright is an important issue (and one that many feel strongly about), we would like to focus the discussion on creative and practical solutions (eg Creative Commons) rather than expressing an opinion. Try to think about the debate at different scales as well as in different contexts.
In the past my work was primarily weddings, I still have many friends in the industry who’s images have been used to advertise venues even after the photographer has asked to be credited, etc.. They just don't care. One photographer I know of had asked them not to use the image as the bride and groom had not consented but the venue refused to respond. The photographer refused to kick up a fuss as they didn't want to lose referrals. Its quite a challenging one however I had suggested sharing their post and taking full credit for the image. I think in this day and age it’s extremely challenging to protect one's work.
Another example was a photographer friend of mine who said “NO” to a venue using his images. He was usually booked many times a year by their event team, as soon as he said “no” the relationship deteriorated rapidly and that client was then lost. Its irreversible damage. I think in this case it boils down to building relationships. In the wedding industry, you are not just a photographer, you’re a salesperson who needs to keep a hold of the ever-changing and challenging market of today. I think I would look at the outcome and determine whether or not pursuing action against the offending company/person will interfere with the outcome in a detrimental way to my own business. How much time, effort, and stress will be involved, and is that energy better spent elsewhere?
My current practice specializes in newborn portraiture and as you can imagine the parents would be furious to see their newborn baby plasters across a magazine or even worse internet use had they not given full consent. Most parents are very possessive and protective which is totally understandable. I am very careful that when posting an image to social media the necessary documents are signed to relieve me of any responsibility should an event like this occur. For me, if I am wanting to use an image for advertising purposes then the baby is sought for that purpose only and parents are given complimentary images as a thank you. For me and in my industry it’s just about covering ourselves. I have been a member of both 'The Guild of Photographer' and 'The Royal PhotoraphicSociety' for many years, this along with my business insurance allows me a certain level of legal advice. So far I've not needed any! Should the time arise where I see one of my babies advertising baby formula for example I will know who to call for advice. Prior to setting up the business, I was always very paranoid about legalities surrounding imagery, from the start I have always had documents signed to give me the relevant support should a case arise.
I spent a couple of hours creating a simple flow chart to demonstrate a course of action.
As a consequence of this week's activity my opinion remains the same. If you take inspiration from someone you should mention them, to me this boils down to just good manners! Having respect for others and their work is very important in this industry as I would want to be respected as an artist. As mentioned above, if you intend on going down the route of a legal battle think carefully if this benefits your work and business, and is it worth the fight and legal expense.
As a consequence of this week's activity, my opinion remains the same. If you take inspiration from someone you should mention them, to me this boils down to just good manners! Having respect for others and their work is very important in this industry as I would want to be respected as an artist. As mentioned above, if you intend on going down the route of a legal battle think carefully if this benefits your work and business, and is it worth the fight and legal expense to proceed. What will the outcome achieve?.