Fatigue
stresses my grasp, my eyes twitching sporadically from the strain
of watching my graceful, yet powerful target. My target, unaware
that I am watching, moves confidently in the distance. I am patiently,
yet anxiously waiting for the right moment. I prepare as they move
ever closer in a widening circle. My left eye squints to allow the
right to view unencumbered, I breathe easily yet with a rhythm that
allows my grip to remain steady and unfailing. My target moves into
vision yet again…with a smooth practiced and deliberate action,
I take the shot. A click…followed by the familiar whir of high
tech electronic wizardry tells me that the shot I just took is a
success. Technically correct, an accurate visual document and most
importantly, acceptable for purchase. I am an event photographer
specializing in horse sports…the shot I just took was one of
hundreds that day. I shoot on speculation, preparing photos for
viewing and purchase online not knowing if I will make back my investment
of film, developing, equipment and most valuably my time and expertise.
Each sale brings celebration and also concern of how my image, my
creation will be used and quite possibly abused. With the advent
of photocopy kiosks, home scanners and photo-quality printers: my
livelihood is at stake.
I have been a serious photographer since age 18, purchasing high-end
automatic camera at age 19 of the same value as my transportation.
I soon outgrew that automatic wonder as I couldn’t control
shutter and aperture and therefore, how it captured the scene. Within
a year, I replaced it with a semi-professional camera that offered
both manual and automatic capabilities, a camera that influenced
me to take photography in college just to understand the instruction
manual. While I learned the basics of my camera’s operation
and beyond, I was also exposed to the business aspects and pitfalls
of creative work. I felt at that time that I loved photography too
much to make it a career. When I had a camera in my hand, I looked
at the world with a critically creative eye. Where others may see
a meadow, I see nature’s careful positioning of a wildflower
and a granite rock, just begging me to capture the juxtaposition
between their opposing surfaces. At that time, I was newly married
and beginning a family. Thoughts of being a professional photographer
were pushed aside in favor of my new role as a parent.
Nevertheless,
I continued to practice my craft for several years, as photography
skills were a bonus in family life. Roll after roll of newborns
and family holidays, field trips and birthday parties honed my skill.
I began to find areas of photography that I enjoyed and those I
did not. For instance, I refuse to handle weddings of friends. Never
have I experienced an equipment failure or inherent film defect
and I do not wish to on their big and only day. Through my family
travel and camping adventures, I found that I really enjoyed documenting
our trips in a photojournalistic style and could never tire of taking
nature stills. Throughout all of this experience, there was no thrill
in taking people portraits or photographing to fill modeling/acting
portfolios. When I look through the camera, I see mostly shapes
and light, and then human expression. I feel to be a good portrait
photographer; you must see the emotion first. I did do well photographing
children and pets. Their emotions cannot seem hide from me; I see
them even before I lift the camera.
As
it is with many other sole proprietorships, I began my equine photography
business after realizing the need for this in my area. As a former
equestrian myself, I could attest to the lack of professional photographers
covering horse shows at the amateur/beginner level. When I developed
my business plan, I compared the need and prospect of sales of equestrian
competitors to my own children’s sports photos. Since each
season, I would purchase a team and still shot to document their
participation. I felt that the same opportunities were there to
sell photos to parents of children showing at horse shows. From
there my business grew from still portraits to capturing the more
difficult action shots.
A
long history with horses enables me to understand the intricacies
of movements and the desired poses to be captured while in competition.
Years in 4-H judging, club education and showing offered me experience
in recognizing the different breeds and their standards for posing.
My own childhood riding lessons in various disciplines such as saddleseat,
jumping, dressage, western riding, barrel racing, and reining were
revisited as I now capture riders and mounts showing their skills
on film. Several years honing my photography skills and purchasing
the high-end equipment needed for professional imagery preceded
my application for my business license. What I didn’t understand
about my new business was the necessity of well-written legal contracts
and how to go about educating my clients about copyright without
making them feel I was accusing them of wrongdoing.
While the majority of my sales are to private individuals intending
to display photos. I also sell to members of the equine community
that use my images to promote and /or sell their horses or services.
Throughout the world there is a popular misconception that the purchase
of a photograph or if the photograph is of oneself, one can do as
they wish with it. In actuality, to use an image commercially, permission
must be sought from the copyright holder. With payment of an agreed
upon fee, a usage license is written to arrange release of the image
for the client’s intended use. My work is documentary and creative,
the costs of producing it relatively high and risky. Protecting
my copyright and being compensated fairly for the use of my images
is an incredibly difficult aspect of my job. According to the website
of the Copyright Office of the United States, my images and most
other freelance photographers are protected by federal copyright
laws and hold all of the benefits for creator’s lifetime +
70 years. (“Protection Endures”)
Because
of the copyright infringements so commonplace in society today,
I sell photographs that are signed on the front with a foil imprinter,
much like the portrait studio, Olan Mills. They are labeled on the
back with my copyright year, contact information and proof number.
The labels last year stated, Duplication or publication without
permission is strictly prohibited. This year I rewrote that to state,
For Personal Use Exclusively. (Unless, of course, they have purchased
the advertising rights to that image.) In this, my 3rd year, I intend
for my platform to be copyright and usage education, but in a firm,
non-confrontational way. I cannot be there when they scan the photo
at home to make extras for friends or when a client in the horse
business grabs the nearest photo to meet the publishing deadline
on their farm advertisement. I want to make images and keep clients
happy. But I also want to stay in business.
At the moment the shutter is snapped, US copyright law protects
the image. The image does not need to be marked with a copyright
symbol or with the creator’s name to be protected. The website
of FA©E (Friends of Active Copyright Education), a copyright
is actually a collection of exclusive rights that belong to the
creators of intellectual works such as writers, artists and photographers.
The four rights that apply directly to photographs are: to reproduce
the copyrighted work, to prepare derivative works based on the copyrighted
work, to distribute copies to the public and to display the copyrighted
work. (“Still Images Copyright Basics”). With permission
from the copyright owner and most likely financial compensation,
these rights are transferable. The owner of the image and therefore
the rights may designate other people or entities to use the copyrighted
works in a variety of ways.
While
there are exceptions to copyright under Fair Use limitations for
purposes such as criticism, comment, news reporting, teaching (including
multiple copies for classroom use), scholarship, or research. (Sec
107) I feel it is in your best interest to contact the copyright
holder for permission before doing anything with a copyrighted photograph.
Especially if you are a business owner intending to utilize professional
images in your advertising. I am always happy to educate on fair
use and usually allow most reproductions and usages of my work as
long as they are not direct copies. I withhold this right as it
is in my best interest to maintain the quality and integrity of
my work. A photocopied, scanned image does not look or fare the
same over time, thereby undermining my reputation for quality work.
Recently,
the photography industry through professional organizations such
as PPA (Professional Photographers of America) is fighting to keep
all web images from being seen as material in the public domain.
The law was created to protect the creators of intellectual works
and is in process of being updated to include the latest technological
advances in copying. But as seen in the widely publicized Napster
case regarding online file transfers of sound recordings, the law
can’t keep up the pace. It is up to the public to decide if
they are willing to support intellectual works such as music, literature
and photographs by purchasing the works and the rights needed to
use them.
It
is a great honor to me to be invited to photograph an equine sports
event, and quite a challenge to offer multiple poses of high caliber
to dozens of people. I take care to ensure proper developing and
use only archival methods of marking and shipping. I often need
to replace equipment, keep up with technology both in photography
and computers and keep on creating new images; this costs in both
time and resources. Education of my clients regarding copyright
on my work must be my focus in order to stay afloat financially.
I have recently become a charter member of the Equine Photographers
Network (EPNet) and newly appointed editor of an online newsletter
dedicated to educating photographers in this rewarding yet financially
risky venture. A letter stating our position to educate photographers
for both personal and commercial clients on copyright can be found
on the Equine Photographers Network website (“Our Position
on Copyright”) and to establish recommended standards of pricing
and usage guidelines. If photography is not respected and supported
in regards to upholding the guidelines mandated by federal copyright,
the incidence of new works will naturally decrease.
When I watch my target, I constantly watch for those once in a lifetime
moments. The kind, that when brought to a halt in a photograph,
forever allows one to relive that moment. I would not be able to
capture it without the proper equipment, training and talent. Appropriate
financial compensation is a necessity to continue my craft. To capture
one of these fleeting moments on film is a photographic success.
To stay in the equine photography business, a career success.
Works Cited
Equine
Photographers Network 2001, Our Position on Copyright Issues, June
12,2001 http://www.equinephotographers.net/copyright.htm
FA©E, The Still Images Copyright Basics Guide, June 12,2001
http://www.law.duke.edu/copyright/face/stilim/index.htm
Professional
Photographers of America, Inc, June 15,2001 TEACH Act Amended to
Address Photographers' Concerns, June 16,2001 http://www.ppa.com/public/articles/index.cfm?cat=78#010423
US Copyright Office, 12/2000 How Long Copyright Protection Endures,
Copyright Basics June 12, 2001 http://www.loc.gov/copyright/circs/circ1.html
US Copyright Office, 6/26/2000 Limitations on Exclusive Rights-Fair
use, Copyright Law of the United States of America and Related Laws
Contained in title 17 of the United States Code (sec 107) June 12,2001
http://www.loc.gov/copyright/title17/92chap1.html#107a
