March 5, 2010
As the Do Lab’s Lightning in a Bottle enters full promotional swing, I’ve received something of a rude shock: friend and fellow picture-taker (and digital rights advocate) Robert Kaye sends me a note. “Did they ask you permission to use your photos?” It turns out that the announcement the Do Lab made regarding tickets being on sale included a montage of photos, in which more than half a dozen of mine were featured, without permission and in violation of copyright law.
This is adding injury to insult to injury. Accompanying Vau de Vire Society in 2007, I shot the event itself and then, when contacted in March of 2008 (by Jenka Gurfinkel) I agreed to let them use my photographs (even providing high-resolution files) for promotional purposes, and asked for a comp ticket. I heard nothing. Two months pass and I buy my own ticket and car pass (>$150). Then, the day before the event, I hear from Jenka: she asks if I’ve heard from the publicist, which I have not. I am offered the option to sell my own ticket–the day before I’m supposed to leave!–and take their comp, in exchange for shooting the event. Citing impossibility, I refuse.
Cut to November, and Jenka contacts me: “Once again, your images from LIB are dope,” and requests several high resolution files for her media kit. I explain to her that I’d be happy to provide them were they to reimburse me for my ticket purchase earlier that year (since, ultimately, there’s no difference were they to do so or have given me a comp in the first place).
Jenka refuses, and says, infuriatingly:
If the option of having your images available for publication is not something that is nterests [sic] to you, we will, of course, respect your wishes, and not use them. If you should change your mind, feel free to be in touch.
You know what? Fuck you.
You’re now using them in your email blast, and on your Facebook events page. This is insulting. Yes, you give credit in your email (sort of: you just link to my Flickr page) and there’s no credit at all (and my watermarks are half-cropped) on Facebook. But this isn’t about credit: You said you would not use them.