Posts Tagged ‘heritage’

Heritage Ebooks, for those who don’t know, is the digital publishing arm of VisConPro Ltd, the holding company of fotoLibra. So we’re sister companies: same owners, same shareholders, same staff.

We set up Heritage Ebooks to demonstrate the advanceImages system for supplying images to ebook publishers, and it’s already taken on a life of its own. I will be blogging extensively about advanceImages next month.

Heritage Ebooks’ first 40 titles are the Follies of England series, over a quarter of a million words written by me and Dutch art historian Wim Meulenkamp, and with a large percentage of the 1,900+ photographs taken by fotoLibra members. You can see our first titles here at heritage.co.uk — click on VIEW ALL TITLES.

Although we’re not awash with critical acclaim — nobody has yet reviewed a single title — there has been media interest. I was on BBC Radio 4′s flagship programme Today on Monday 31 October, talking about follies.

Today the Daily Mail ran a good, big feature on the amazing follies of Whitaker Wright, with a credit to Heritage Ebooks at the end. You can read it here.

All this, as our PR says, is grist to the mill. fotoLibra members are being paid a royalty on the sale of these books, so the more books we sell, the more they will earn. And ebooks never go out of print. So the money will keep coming in. More publicity means more sales. To date we’ve sold 99. Harry Potter this isn’t.

But it’s a start.

Opening Up Stonehenge

October 25th, 2010

The public reaction to my previous blog posting Stonewalling Stonehenge has been remarkable, and understandably the majority of comments have been in favour of the rights of photographers.

I wanted to address each individual comment in turn, but there were simply too many for me to cope with and keep fotoLibra ticking over at the same time. So firstly I want to thank everyone who took the trouble to make their points. Over 10,000 people, among them BBC Radio 4’s PM programme, read the comments, and PM invited me on air to discuss the subject. Eddie Mair gave us four and a half minutes (the piece is about 40 minutes into the broadcast). The story was picked up and repeated (with varying degrees of accuracy) in blogs around the world.

By the way, I know some of you think Jacqui Norman wrote this, but in fact the writer is Gwyn Headley, the founder of fotoLibra. Jacqui writes the fotoLibra Newsletters and the Picture Calls. Rather than adding to the comments on the original blog, I decided to lay out my subsequent thoughts in this second posting.

In this economic climate I do feel it is ambitious of property owners to ask for a commercial photography fee from photographers upfront, unless exceptional access conditions are granted in return.
But the strength of feeling against English Heritage surprises me. I almost find myself in the invidious position of having to defend them.

First of all, English Heritage is a wonderful institution doing an amazing job with diminishing resources in the face of hostility from both the public and the Treasury. One small thing that would make a big difference to their ability to cope would be the removal of VAT on building repair and conservation work. But our politicians and tax officials are too craven, indifferent or greedy to allow that minor concession.

Like all organisations, English Heritage will have its fair share of zealots, jobsworths, and staff who are plain barking mad. They can be rigid, bureaucratic and inflexible. They will retreat behind barriers of obfuscation and legality. But behind it all their purpose is simple: to do their best to preserve the threatened, imperilled heritage of England. In Wales, we have Cadw, banished by the Welsh Assembly Government to a prefab on an industrial estate on the outskirts of Cardiff, so highly do Welsh politicians regard our heritage. Scotland has Historic Scotland, about which I know less. They all suffer the same slings and arrows.

My parents, living in a Grade I listed house, were not allowed to change their bedroom wallpaper. It was a Chinese print dating from the eighteenth century, and it needed to be preserved. We had no problems with that.

There is always the danger of the Taste Police stepping in and obstructing development, but when there is pragmatism and understanding on both sides a mutually agreeable solution can usually be thrashed out.

I remember with sadness the wonderful Art Deco Firestone Building on the Great West Road in London. It was listed by English Heritage, but being office workers they tend to go home at 6 o’clock. At 6:05 on a Friday evening, the bulldozers went in and by the time English Heritage officials were back at their desks on Monday morning the fabulous, unique Firestone Building was a pile of rubble. The slimeball developer was fined the maximum — £5,000.

But let’s get back to photography and the rights of photographers — specifically fotoLibra members — to photograph what they like. In a free country (and I don’t believe there is any such place, on this planet at least) people should be allowed to photograph what they can see. How you subsequently use that image is up for discussion.

It would be unwise, unjust and unfair to use a photograph of an innocent stranger to promote a commercial product, or to illustrate an editorial piece on the perils of drug abuse, sexual perversion, or any other rabble-rousing indiscretion. The person concerned could sue and would quite possibly — or would certainly deserve to — win.

I might think it tasteless to commandeer Stonehenge to promote some commercial service or artifact, but we’ve been worrying this bone for six days now and there doesn’t seem to be a thing anyone could actually do about it in law.

So instead of issuing poorly worded and hastily thought out decrees which have the unfortunate effect of getting up everybody’s nose and giving bureaucracy a bad name, why don’t organisations like English Heritage open a dialogue with organisations like fotoLibra and see if we can work together towards a common goal?

They want to preserve our heritage (and so do I) and we want to sell more images. I’m sure we can do a deal.

I’m picking up the phone right now.

We recently received the following email from English Heritage:

We are sending you an email regarding images of Stonehenge in your fotoLibra website. Please be aware that any images of Stonehenge can not be used for any commercial interest, all commercial interest to sell images must be directed to English Heritage.

It’s kind of them to think of us, but this raises a number of questions.

Firstly, what legitimacy do they have for this claim? Is there any law that states that it is illegal to use images of Stonehenge for any commercial interest? Can someone direct me to it?

Secondly, if an image of Stonehenge is so used, how could they possibly police the usage? A quick browse through a number of rights-managed and royalty-free online picture libraries produced the following:

iStockPhoto (a US owned company) has 513 images of Stonehenge
Fotolia (US) has 648 images of Stonehenge
Dreamstime (US) has 670 images of Stonehenge
Shutterstock (US) has 737 images of Stonehenge

All the above sites sell images on a royalty free, unrestricted usage basis. If anyone buys a royalty free image from one of these suppliers then he’ll be using it as, where and when he likes, without asking English Heritage’s permission. How will they stop that?

Alamy (UK) has 1130 images of Stonehenge
GettyImages (US) has 860 images of Stonehenge
Corbis (US) has 426 images of Stonehenge
fotoLibra (UK) has 223 images of Stonehenge
Photo 12 (FR) has 114 images of Stonehenge

These are mainly rights managed. Rights managed images are essentially designed for a specific and time limited usage, and they’re more controlled and controllable than RF images.

Has every picture library with images of Stonehenge received this email? If we really are breaking the law by selling images of Stonehenge to be used for any commercial interest, then of course we will cease and desist immediately. However nothing in the National Heritage Acts (1983, 2002) which brought English Heritage into existence refers to their right to prevent the sale of images of any of their properties. In any case it must be legal to display them for sale if we intend to sell them for non-commercial (i.e. editorial) rights-managed usage.

If English Heritage wants to stamp out the unlicensed, unregulated, unlimited usage of RF images of Stonehenge they will have to talk to the people who hold those sorts of images for sale. In a large number of cases they will find that the picture libraries or stock agencies who hold these images are owned by foreign nationals who are not subject to British jurisdiction, who are based overseas, who have no connection, emotional attachment or even necessarily fondness for the United Kingdom.

Why the hell should they listen to a powerless quango which wants a slice of their profits? English Heritage is the current custodian of Stonehenge. It has been their responsibility for 27 of the monument’s 4,500 year old history. And they want to own the image rights to the site. (BTW It’s well known in the Headley family that our great x 170 – grandfather Elfis carved the stones for Stonehenge out of the Presley mountains in Wales, so our claim to the site is far longer than English Heritage’s nano-ownership (o.oo6% of the lifetime of the henge)).

In a recent blog post I noted the plight of a property owner in San Francisco who took the HSBC Bank to court for using a photograph of his house in a promotional leaflet without his permission. He lost, seven times over. That doesn’t set a strong precedent for EH or the National Trust or indeed any owner whose property can be seen from public land. Google Earth and Google Maps have pretty clear images of the place, as well.

OK, English Heritage’s email did not ask us to remove the images of Stonehenge from fotoLibra. But they did use imperative, urgent words like ‘can not’ and ‘must be’. I am ready to be proved wrong, but I don’t believe there is any legal substance behind the request. How can there be? Look at this:

Photo © Clive Morgan / fotoLibra

What if we photograph the place from the air? What law can we possibly be breaking here?

While we’re looking at Clive‘s photograph, who built that ugly tarmac footpath cutting through the sacred ring?

Quis custodiet ipsos custodes?

Here’s an index to the fotoLibra Pro Blog for the whole of 2009.

As I complained 6 months ago, it takes a surprising amount of time to compile, so if there are any WordPress experts out there who know how to automate this process, we’d love to hear from you.

If you’re new to fotoLibra, welcome, and may we suggest you read through the HINTS & TIPS section, and if nothing else read Great Expectations. If you enjoy a bit of controversy, read BAPLA Shock Horror.

Comments are welcome, even on old posts, and will be read and often responded to.

HINTS & TIPS

ABOUT FOTOLIBRA

ADOBE

BAPLA

CUSTOMERS

E-BOOKS & PUBLISHING

IT

LAW


MISCELLANY


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PICTURE CALLS

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New fotoLibra

October 1st, 2009

We’ve kept our heads down over the past few weeks but now, finally, it’s complete.

The new fotoLibra web site was launched a couple of hours ago. It looks great, it has a host of new features and it’s just as reliable and fast as it ever was.

Now we’re going to go out and party. So I’ll describe it to you tomorrow. But if you can’t wait, then explore fotoLibra.com right now.

Proto-foto-Libra

March 13th, 2009
Gwyn Headley

by Gwyn Headley

Managing Director

I recently found this remarkable web site called Web Archive: http://web.archive.org/web/20030407123333/http://www.fotolibra.com/ which records snapshots of websites in history.

Intrigued, I searched for fotoLibra (as one does) and came across this:

fotoLibras first Home Page

It forms several parts of our original home page, designed and coded by me (rather poorly, I am now prepared to confess). The 976 appalling images we proudly offered were taken by me. And I’m not a photographer.

It’s dated six years ago tomorrow, when the idea of fotoLibra was just over a year old and we were still over a year away from getting a workable site. God, the frustrations! The expense!

And just when we think we can discern a carrot at the end of the tunnel (thanks, Dede) we get whacked by the global credit crunch. So six years on it’s still God, the frustrations! The expense!

But because we run such a tight ship and provide a unique service, I think we’ll pull through.

We just have to let people know we exist. I never realised how hard that bit would be.