Photographer Represents Himself in Court – Awarded $20K in Copyright Damages
Pardon the non-sports posting, but I got some warm fuzzies after reading this story.
As photographers, we depend on licensing our work to pay bills. I think most non-photographers would be stunned to know how much it costs to be in this business. The equipment we have to purchase is astronomically high. I have a set of strobes in the Dean Smith Center at UNC-Chapel Hill that alone cost me over $7,000.
Often, I get requests for people to use a photo of mine for xyz (where xyz could be anything from a poster to a website). I say sure, but we need to discuss licensing. I often get a stunned response. They wonder why would I charge for a photo. After all, it doesn’t cost me anything to email a photo, right? What they don’t consider is the amount of money and time I had to invest to produce a particular photo in the first place. Here is just a short list of investments I’ve made:
- Digital cameras that have to be replaced every 2 years and cost $4K each.
- Professional quality lens. You’d be stunned by how much these cost.
- Insurance.
- The time I spent as a student photographer learning the trade. While in DC, I spent many of my nights and weekends working for my mentor, Mitchell Layton, typically for free. This was a four year stint.
- The time it took me to go out to a particular game where a person sees a photo they want.
- The gas it took me to get to the event.
- The time it took me to edit the entire take from that day.
I could go on ad nauseum frankly. The point I want to make is that I spend more money and time producing images than the casual observer understands. I went into photography to be a good photographer – not a half-ass photographer (or “guy with a camera” as pejoratively known in the industry). As such, I require income to invest in top-of-the-line gear as well as repair it. I have one lens than easily costs $500 for simple repairs. For a camera, Canon charges me $150 just to open the box if I send one in for repair.
So I get obviously frustrated when people ask for my photos for free, unless it is for a legitimate charity. Worse though, is when someone tries to download an image from my website and print it. That is flat out theft. I would imagine that those who steal my images have jobs — don’t they expect to be compensated by their supervisor for the work they do? Shouldn’t I also expect to be compensated for my work?
Well, getting back to the story I wanted to link to. A photographer in Minneapolis was victim to a very overt form of image theft, when a real estate and financial services firm stole an image from his website, and used it in a advertisement. The photographer tried amicable solutions, but when put off by the company that stole the image, pursued the case in court, represented himself, and won almost $20,000 in a copyright infringement case. You go Chris. Glad to know that copyright still means something.
Earlier I wrote that one of the elements that makes visually lacrosse compelling to photograph is the equipment. The lacrosse stick is obviously the first piece of equipment to comes to fans minds. When it came to stringing, I think I came in with the assumption to most lacrosse players strung their own sticks. Back when I was in college, I worked for the company that owns Great Atlantic Lacrosse as a call center customer rep. Brian Mehm, who’s brother Kevin was playing at UNC at the time, worked there also and I remember him working in the corner stringing sticks. People who did not know how to string sticks would order them from Great Atlantic.
I now have photos from UNC’s 15-2 win over Bellarmine posted.
At long last, the home opener. At 55 degrees, Fetzer Field and nearby Koskinen Stadium undoubtedly had the best weather in the nation for all the NCAA D1 programs opening their lacrosse program today.Normally for a 1pm game, I would get to Fetzer at around 12:15. But with my project, covering “behind-the-scenes” requires me to arrive much earlier. I aimed to be at the locker room at 11:00am so I left my house at around 10:40; my hope was to beat the team to the locker room.Halfway on my way to Chapel Hill though, I came to the last-minute realization that parking was going to be more problematic than I thought. Today at 1pm, not only was the UNC lacrosse team playing, but the men’s basketball team was also playing a home game. I’ve known that basketball and lacrosse would conflict for a long time, but it never dawned on me that parking would be tight. (Normally for basketball I’m spoiled with press parking so I don’t have to worry about it).