Archived posting to the Leica Users Group, 2000/04/26

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Subject: [Leica] Korda / copyright
From: Robert Appleby and Sue Darlow <laintal@tin.it>
Date: Wed, 26 Apr 2000 23:54:40 +0200

austin wrote
>>>
Imagine if you had to pay your landscaper every time you used your lawn. 
 You paid him to do the work, so why should you pay him for the use of his 
work that he did FOR you after the fact?  He was creative in performing his 
'art'.  He was not an employee...yet no landscaper in the world asks for 
'use royalties'...

<<<
The difference is that you don't charge someone for every time they look at
your picture, you charge them for every time a client uses it in a new
context. Because he's getting paid (now or later) for that further use. In
the end, even editorial is basically backdoor advertising, as it gets
people to look at the magazine which advertises the products. Since this is
so, the editorial photographer takes a cut (usually miniscule),
effectively, of the total advertising + circulation take of the magazine.
Look at it this way: it's not the toaster but the design of the toaster
which is copyrighted (patented). If someone wants to use that design to
produce their own toaster they _do_ have to pay rights to the developer of
the design. 
Just imagine Salgado or anyone who produces a beautiful image (for whatever
purpose) being paid once only for its use.
Take the example of the late Raghubir Singh, a brilliant Indian colour
photographer. He was regarded as "difficult" because he wanted to be paid
for his exhibitions. Of course, the curator, the framers, and everyone else
got paid. And the museums charged entrance. But Singh was supposed to be
giving it away for free. The problem is not that greedy photographers are
getting paid too much, far from it! They have to struggle to get paid even
for the first use, let alone in the museum twenty years later!
Photographs don't generally get used in a commercial context unless the
user is making (or hoping to make) money out of their use. And if the user
is making money, so should the photographer (who is supplying the draw).
The amazing thing about Korda is that as far as I know he has earned
virtually nothing for one of the most used images of the last forty years.
We all had that image on our walls as kids and the poster companies paid
him nothing for one of their best selling products. If he's complaining
now, I would be inclined to believe his stated motives.
Rob.
Robert Appleby and Sue Darlow
Via Bellentani 36
41100 Modena
Italy
Tel/fax [39] 059 303436