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"Ask First" Updating Copyright Business Practices
By Maria Piscopo
"Ask First"
Updating Copyright Business Practices
As we move into the new technology of imaging, clients need to look at the legal balance between their needs and the use of freelancer's images. Representatives of fourteen visuals arts industry organizations have come together to create a plan for the protection of creative works. Knowing how often work is used without compensation or permission of the creator, the group decided to create an identity campaign to alert all concerned parties. Rob Drasin of American Showcase says, "Our goal in bringing together trade organizations was to (a) make image buyers aware that there is a real problem (b) create momentum towards dealing with the problem since we had so many organizations behind the effort (c) provide a starting point for a constructive dialogue between image creators and buyers and (d) forge better and mutually beneficial business relationships based upon a common interest and understanding of each other's professional problems."
With the support and assistance of George Watson of Society of Photographer and Artists Reps (SPAR) and Paul Basista of The Graphic Artists Guild, Seymour Chwast of the Pushpin Group was then brought in to develop a logo. This logo (a red X with a pair of scissors superimposed over it) has been appearing in press releases and as full page ads in most of the 1997 sourcebooks. The basic message of the campaign is simple, and quoted here, "Comping is usage, ask first. We are thrilled that you have called in our portfolio, but please call before copying any of the images enclosed. There may be client conflicts with some images and comp fees may apply to images used for client presentations. Thank you for calling in our work!"
Rob Drasin adds, "Our point was to create a beginning. It is up to the freelancers to leverage the awareness that's been generated to create a new relationship with buyers when and if they think it is appropriate. We are NOT saying you must charge buyers for comp usage, we are saying that creators are entitled on a professional basis to be asked if it is okay to use their work in a client's comp. Image buyers should ask, then it is up to the image creator to examine the many different criteria involved and to make a decision to charge."
New technology also brings new protections. For example, Digimarc Corporation (Portland, OR) has created a technology that creates an identifying code that is hidden among the pixels of the image. Even if the image is cropped and distorted, the code is still there. By processing a copy of an image, print or electronic, it is possible to detect the hidden code. This imbedded data includes copyright and ownership information. The primary purpose is to communicate ownership for purposes of sales identification. It will also aid in cases of copyright infringement.
The best way to protect work you create or images you use is to deal with responsible clients. Know who you are doing business with. Don't be afraid to use clearly defined industry terms and conditions with your delivery memos and invoices. Negotiate fees up front and get everything in writing. Discuss this very article with your clients and make sure they have seen the information in their sourcebooks. Our industry associations have worked long and hard to make art a business. Let's support them!
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