Archived posting to the Leica Users Group, 2000/03/26

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Subject: RE: [Leica] Photos on the Web calling troll
From: Austin Franklin <austin@darkroom.com>
Date: Sun, 26 Mar 2000 09:55:00 -0500

> When I do a shoot I am the artist in control of that shoot. Most 
commercial
> photographers are able to easily insist on that.

It depends on the client, and usually big clients have their own artistic 
directors.  Also, they usually bring a storyboard, with or without an art 
director.  If the client didn't give you the idea/assignment for the shoot 
in the first place, you wouldn't be doing it.

> A makeup artist I usually pick is very important as the choice of model 
and
> other stylists and location. All important contributors; I am the Artist.

You say you are 'THE' artist...but who determines that?  Where do you draw 
the line as to 'artist' and 'other'.  You are making a judgement call on 
who is providing 'artistic' talent.

> The Mona Lisa did not paint herself.

I believe that was long before copyright laws were around.  If it was a 
commissioned piece, or was sold to someone as an exclusive piece, I believe 
the person footing the bill owned it, and if the artist decided to make 
another one, he got his hands chopped off.

> As the "Artist" the laws of the US and many other countries says the 
copyright
> stays with me.

I do understand that is the current interpretation the courts are using.

> That is the law and it is a shame you have such a problem with that.

I believe the shame is that it is a 'special interest' and an 
'entitlement', and as such, should either be for every profession or no 
profession.

> You are the one who is saying otherwise and that is a strange, uncanny 
and
> uncalled for insult to our profession of photography.

It is not an insult, you are taking it as one because I am questioning an 
entitlement that photographers have, and I disagree with.  I am asking for 
some rational justification why it is this way.

> The insults here are coming from you, I'd look to my own motives. I'm 
defending
> my profession.

You are trying to justify an entitlement that I disagree with, that's all. 
 I believe wholeheartedly in copyright laws, in general, just not this one 
aspect of them.

> You're only kidding youself if you think you are after justice.  No one 
here at least is fooled by this pain in the rear, off-center spirited 
baloney.

I never mentioned 'justice', and I am thoroughly confused where you think I 
am trying to 'fool' anyone.  You are reading things into something that 
isn't there.  I was only interested in hearing the rationale for this 
entitlement, and it apparently isn't going to happen because it has 
unfortunately taken such a personal tone.

I am sorry some have taken this so personally.  That was not my intention, 
and it's a shame it has taken this course.  I have certainly respected your 
input and opinions on issues, and certainly will in the future.  I think it 
best to just say we disagree on this one.