RE: [Leica] Photos on the Web, TED!! help?

[Austin Franklin <austin@darkroom.com>]

> READ THIS AUSTIN!  They paid, without me asking, residual cheques
> arrived completely unannounced! Simply because that's the way it's done!
> Whether you agree or not!

Good for you!  If they felt that was the right thing to do, that's their 
business.  That has nothing to do with this discussion though.

> I fought the likes of you for near 40 years trying to educate public and
> industry buyers of photographers that when they hire a photographer to
> shoot an assignment, the photographer owns all rights just as an artist
> does. And any future use of any of the material above and beyond what
> the assignment was originally commissioned for is paid extra.

I don't know if I'd call it 'educating' when your goal is to convince 
someone they should continue to pay you for something they already paid you 
in full for.  There is a good word for that.

If a photographer (artist) goes out and buys the film (canvas etc.), sets 
up the scene, provides all the materials, ideas, etc for the shoot 
(painting), then absolutely, s/he owns the rights.  NO question in my mind. 
 If a client comes to me, and pays for the models/materials, pays me my day 
rate, gives me the subject matter for the shoot (painting), it's theirs.

>  Your analogy of being
> paid only once totally excludes all future use of the original works!

You got it.  YOU WERE PAID FOR THE WORK!  Not only were you paid for the 
work, you were provided with assignment  and all your expenses covered etc. 
 It was NOT your idea, you only took the pictures!  How much did you taking 
the pictures add to the success of the assignment?  That should be 
reflected in your compensation for the assignment.

Suppose the models had the same agreement, and the lighting guy, and the 
makeup artist, and the art director and the caterer etc etc etc.  Remember, 
the success of this shoot is largely based on how good the food is you are 
going to eat, so, of course, the caterer has provided his/her artistic 
talent in preparing you a healthy meal so you can work better, so they 
certainly are key, and as such, should share in the future profits of this 
endeavor, right?  If everyone had this entitlement belief, nothing could 
ever get done.

OOPS, forgot someone in this chain of profit!  Though you bought your 
camera, and paid in full for it, the guys who designed it, are artists in 
their own right.  They should be compensated too, for any photographs made 
with the camera they designed!  After all, you would not have been able to 
create these images if it weren't for their obvious brilliance in creating 
the very tool you are using!

>  I
> would hope you understand, that every time a movie is re-run on TV the
> actors are paid a residual.

If that is the contract they signed.  Not ALL do.  Also, if one takes less 
pay to make that arrangement, then it certainly seems fair to share in the 
profits.

I understand the industry and the issues at hand very very well.  If you 
have any valid points on why you are entitled to this, aside from personal 
remarks, I am all ears.  I have my values, and they lead me to believe the 
way I do.  If you don't like my values or belief, that doesn't make my 
values or belief wrong.