RE: [Leica] Photos on the Web

[Austin Franklin <austin@darkroom.com>]

> I'm not sure what type of work you do but signing away all rights,
> forever(?) is definitely not the norm.

Well, aside from photography, it is.  When an engineer is hired as an 
outside contractor (as a photographer is), the company that hires them owns 
the work they pay them to do.  I also believe that should be true for 
photographers, period.

> This is not the way it generally
> works in advertising photography.

In hundreds of commercial shoots I have done, it has worked that way, and 
in fact, I encourage it TO work that way.  It, to me, is just common sense.

> As far as a paycheck being the equivalent of a rights waiver, this is a 
very
> touchy subject especially w/ photojournalists.

I agree here, that under most circumstances photojournalists should own the 
rights.  This is absolutely true if the photographer paid for the material 
(film etc.), and they sought out the subject matter.

What about Eisenstadt?  Life owns, I believe, ALL, his work...as they 
should, they paid him TO do it!  It was THEIR (Life's) investment!  If none 
of the pictures were used, he still got paid.  Who took the risk here?

Think about how this applies to a commercial shoot.  Suppose the ad 
campaign was a bust, and the client spent tens of thousands of dollars, and 
really got no good use out of the images.  Is the photographer going to 
give back any of the money?  NO!  I believe you take the risk, you reap the 
rewards, and there is NO risk in being paid what you asked for to do a 
shoot.

<story snipped>  Is this fair for the photographer?

Absolutely.  The photographer didn't have to do ANY more work than what 
s/he were paid for in the first place.

> As far as other fields, I think the discrepancy is that photography can 
be
> considered art and lumped w/ other "creative" occupations.

Some consider engineering 'art', why isn't it?  Even if it were, I still 
believe you are paid to do a job, the person paying you owns the job you 
did.  Does the landscaper own the copyright to your front lawn?  Can you 
'sell' the design to your neighbor?  Why is some photographer more of an 
'artist' than your landscaper?  What IS art, and who defines it?