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
