Posts Tagged ‘European’

Selling Your Images

January 2nd, 2013

A Happy New Year to you!

We’re always looking for new outlets to which to sell fotoLibra members’ images, and between Christmas and the New Year we had a very interesting meeting with an extremely high-powered yet friendly executive who lives close by fotoLibra’s Hertfordshire office.

There is a vast European educational and public sector out there which is largely untapped by normal picture libraries because like most organisations funded with public money, Accountability & Transparency in Procurement are their watchwords. This inevitably means routes to market are not so much Jude The Obscure as Jude The Invisible — there is no way a company such as ours can ring up a representative from one of these monolithic organisations and mutter “pssst! wanna buy some images?” We couldn’t even find out who to talk to.

Everything has to take place through bureaucratic procurement procedures, grim, inflexible ordeals which are less concerned about the quality, range and variety of the images we have to offer than discovering the number of ethnic Welsh people we employ and our policy towards recycling hard disks.

By the simple expedient of not paying taxes, global corporations can afford to employ the sort of people who love ticking all these boxes, so they get flooded with grants, incentives and bonuses as well as three-yearly contracts to be exclusive coffee and image suppliers to the Ruritarian Public Affairs Ministry.

We struggle on. Thanks to our executive friend, we now have at least an inkling of the riches lying out there, just beyond our reach at the moment. But we have more contacts who understand this world far better than our simple viewpoint, and we believe they may be prepared to help us.

Like every other picture library, our sales have fallen over the past three or four years, and we are doing everything in our power to restore lost revenue and explore new possibilities. If our photographers aren’t making money, we’re not making money, so we need to find out about these overseas procurement procedures fast. Even so, our friend warned us “Don’t expect anything to happen for three years. This is the world of bureaucracy, after all.”

We went on to the website of one of these organisations and found this rather good and clearly explained guide to copyright for picture users in the EU. I should point out that this was discovered on the English-language subset of a foreign-language quango’s website:

Information for image users

    When will you have dealings with us? Virtually every publication, every website and every television programme uses images. Copyright law stipulates that the author’s permission is required for this. That permission is usually linked to a financial payment: image creators must, after all, live on the income from their creative labours. 
Apart from a couple of exceptions, publishers and producers are obliged to trace the creators of the images in order to ask permission for publication. The fact that this is not always easy does not detract from this obligation. Our agency enables the user to arrange this effectively in advance. Over 50,000 image creators both in this country and abroad are registered with us and we issue licences on their behalf. Our rates are harmonised with sister organisations abroad. Our agency arranges permission for publication.


    Asking permission is compulsory
 Users are often confused as to what they can and cannot do under copyright law. The golden rule is: anyone who wants to publish someone else’s image must ask permission for this from the creator or their heirs. This obligation only lapses 70 years after the death of the artist. Hence the work of Rembrandt is rights-free, but that of Picasso is not. Anyone who publishes a picture of a painting by Picasso in a book or leaflet without permission runs the risk of having to pay damages.

That’s nice and clear and straightforward.

Not every government announcement has to be draped in the cobwebs of obscurity. And this was English as a foreign language. I wish I could write as clearly. I think we could work with these people.

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Bigotry Or Pragmatism?

November 5th, 2012

One of fotoLibra‘s unique features is the Picture Call sent out to all members, listing the photographs our clients are actively searching for. If you’ve been a member for a while, you know that it would be hard to create a more diverse and random set of image requests. There’s something for everyone, from landscape photographers to people pix.

And because Britain is home to the world’s most internationally-minded book publishers, we have requests to supply images in books produced for every market, every culture. In multicultural Britain we are inured to butchers selling kosher or halal meat; in monocultural societies any deviation from the prescribed pattern is seldom tolerated.

So when a large and well-established publisher comes to us with a big picture call on to which is bolted a few strange (to our British eyes) conditions, we shrug and send it out. We don’t condone the request by doing so; we are agnostic as far as our clients’ requests go (although we will exclude pornography).

One recent request asked that in the images there should be:

  • • no women and men together
  • • no women looking at the camera
  • • no bare arms, legs or chests

for images to be used in a textbook designed for the Middle Eastern market.

This doesn’t trouble me unduly, although personally I do find it sad that there are people who still think like this in the twenty-first century.

But one fotoLibra member found it too much to bear. He wrote to Jacqui Norman, who had sent out the Picture Call:

Hello Jacqui,
I have been thinking about your picture calls and really do not have a polite way of responding to some of them. I am Jewish, Israeli, liberal minded, not bigoted, and strangely professional. I do not understand or want to understand your requests for what are bigoted, probably Moslem countries. I may be the only one who finds them ridiculous but I would appreciate not being part of this stupidity. I do not remember ever refusing work to anyone with such or under such conditions. Having such requests is insulting and I prefer not to play the bigot’s game.

Colour or gender or religion cannot be a part of my metier or behavior. Please refrain from sending me any more such requests. I would not mind at all if you review my request, find it lacking or maybe even agree and publish it on your blog. All the racial insinuations on the list of requests are not a figment of my imagination. After many years in the business I can read between the lines as can so many others.

Jacqui replied:

Thank you for your message and for sharing your thoughts with us. One of our major customers is a very large European educational publisher which supplies text books and learning materials to countries throughout the world. We feel that helping them to produce reference and teaching tools for Middle Eastern students may ultimately improve their understanding of different cultures and peoples in other parts of the globe.
 
Through our picture calls we seek only to tell photographers what images are being sought at the moment, not to judge or express our own opinions. We regret that you consider a few of these requests insulting or racially inappropriate; they are most definitely not intended to be.

Our member responded:

Dear Jacqui,
I have no intention of educating the world or making anyone amenable to my point of view. I do not “doctor” photographs or “stage” them in order to please the bias of a customer. I have found that loss of credibility is infinitely more important than a few cents in my bank account. Your customer is, I doubt, as naive as you make them out to be. Doctored or staged images will only confirm a biased view of the world to those asking for such and will be found out.

Please exclude me from such requests. People’s bias or their points of view are their own concern. I have no intention or presumption improving my customers’ understanding.

I have no problem in ending whatever relationship I have with your company. I cannot afford to be included and find my credibility to be more important. Please refrain from offering any of my work to any of your customers.

Jacqui answered:

I apologise that our picture call and my subsequent email seem to have given you the wrong impression. Of course we are not asking you or any of our photographers to doctor or stage images, nor would a respected publisher consider using such images in an educational book. At the beginning of the picture call, we simply mentioned things that photographers should avoid when selecting images for submission to this particular project.
 
We can exclude your images for sale to or for use in the Middle Eastern market if you wish us to do so. If you prefer to cancel your membership of fotoLibra and remove all your images from our archive as a direct result of this, then we should be extremely sorry.

The photographer replied:

Hello Jacqui,
Maybe you did not understand me. I do sell a great deal of my work in the Middle East, even to countries which do not allow me to visit them. But my relationships are not only cordial but very correct. They know that my images are not staged or doctored in any way, even if the subject does not flatter my country. I cannot understand losing this credibility. They have never asked me to enhance or change the truth of the images I send them, knowing full well that would be the end of our relationship. When my images are different to their expectations they always acknowledge and thank me for showing a different point of view, which they do not usually expect.
 
I would prefer to cancel my membership and please remove all my images from Fotolibra. I have never qualified my work with any sort of exclusion zone and do sell and present my work without and preconditions.

And there it rests. I thought Jacqui expressed the situation well. And before I posted this blog, I showed the text in its entirety to our photographer, to solicit his comments. They are included as the first comment to this blog, posted by me to preserve the member’s anonymity.

I think that a request such as

  • • no women and men together
  • • no women looking at the camera
  • • no bare arms, legs or chests

does not require staging or doctoring in any way, nor does it breach many peoples’ view of human rights. Like most of these requests, it’s just a cultural thing, and seldom has any basis in the scriptures of the adherents.

What do we do? fotoLibra has over 20,000 registered photographers, and this Picture Call has provoked one complaint. We don’t want to lose him, but we can’t forego the possibility of making 300+ picture sales for our members because one person is offended by the terms and conditions in a Picture Call.

I don’t think these conditions are particularly onerous or indeed unacceptably bigoted. I may be wrong. I’m sure there could be some requests where Jacqui would draw the line, but I can’t imagine any valued client ever asking us for such things.

What do you think?

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