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glort Offline [X]
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Most people don't have the ability to take really good bird shots for example, so when they see one, they are quite impressed, and the artists sometimes like to use it to copy for a painting.
Good example.
Tell me so I understand, what you or anyone else with a camera can do to take a picture of a bird so it is so unique, different and original as to make the likeness when painted identifiable as coming directly or even likely from your Photograph?
Unless the bird is some very rare breed, I'm sure that there are thousands of pictures taken of them. Can you be sure that the photograph you took is not so similar to others taken before that some other shooter could not accuse you of copying their picture?
Firstly I'll bet you couldn't, 2nd I'll bet any defense you could offer would arguments a painter could use as well.
Yes, but do you apply that reasoning to other laws? Do you speed down the road at 3x the limit, and say to the officer: "Hey, there's a chance I might not have got caught, so it's all good."
You are missing the point.
They DIDN'T try to get away with anything when there was a very good chance they could have they DID the right thing in asking, yet you are saying you would send them a letter that most reasonable people would take as being Pissy, arrogant, mean spirited or egotistical, no matter how you say you may not have intended it.
Your View and mine are clearly Different. When people try to do the right thing by me, I try to show the same respect. If they try and screw me over, then I can be the biggest, lowest filthiest mongeral they ever came across. Despite my generaly aggro disposition I prefer to avoid that because helping someone gives me the warm and fuzzies which is better for my ego and certainly my blood pressure.
I cant get my head around your POV and I am sincerely trying. I'm not playing tiddly winks of a weekend for fun and enjoyment when I go taking pics so it's not like earning money from pictures doesn't matter to me. Unlike the majority of people here, it's what I live on. I have had pictures used without permission and been burned so it's not like I have somehow escaped it or the feelings that brings. I'm just buggered if I can see how something like your example of a photo of a bird ( or anything else) can be so unique and different so as one could claim Copyright over a painting done from it?
Maybe you could help me understand. How about you show us a picture of a Bird you have taken, let me know what it is and when you took it and I'll see if I can find another one like it taken before or if it is so unique that any painting from it would have to come from that very picture?
I googled some Bird breeds to see if my thinking was off. It showed my thinking was more accurate than I gave credit for. For any bird breed I googled, and only a few because I am not knowledgeable in birds, there were SO many pictures that were virtually identical. I realise this is because certain breeds have certain behavior in the way they hold themselves, their markings, body shapes and characteristics. The main difference in many of the pics was the twig or branch they were standing on and I'd imagine most artists could change that easily.
One breed I looked at was Eagles and pretty much every 2nd picture ( and one row of 6 across) were images of the wings/ splayed fanned like many others with the feet and claws out with the animal being in essentially the same position. I'll bet there are pictures in archives going back to the beginning of photography that are similar because it's a " Peak action" look of that Bird. Many of the shots are against clear blue sky.
I'll guarantee that if you tried arguing your picture was so unique that a copyright infringement had been made by an artist copying it, You'd pretty much get laughed out of court and the artist having had suitable motivation, could produce 50 Images taken before yours to show it was you in fact ripping off someone elses picture.
How you would prove it was YOUR picture they copied as against the thousands out there they could probably produce as a defense is beyond what I could conceive.
As well defending your legal rights, there is also the small matter of proving them beyond reasonable doubt in court. Even in the Sue S of A, bringing a case does not guarantee a win but there is a certainty of significant $$, time and frustration investment.
One of the takeaways I get from this is that Artists seem to be a lot more professional and respectful to shooter's than shooter's are to artists.
To all Shooters that want to cry about how much they have spent or gear or the hours they have spent learning or reading about taking pics, Boo bloody Hoo!
You spent $25K ? on gear. I'm sorry you couldn't an expensive pastime.
Whinge about what you spent on gear to mates of mine that spent $50K
+ on their custom car and every spare moment for years working on it after the overtime they put in on their day job to pay for it.
Tell it to my friend who does Dressage. $20k for the horse float, 10K in the saddles and gear, 50K for the truck she tows the float with, $7K for the horse she rides, more than I want to think about a year in feed, vet's, farrier, Fuel to go around all over the state, entry fees and so on. Tell these people about how much you spent on your camera gear for the same reasons they spent so much more.
BECAUSE YOU WANTED TO.
No one else made you or held a gun to your head, you did it for your reasons same as anyone else so stop whining about it like spoiled children. It's a baseless and irrelevant argument and no one gives a shit.
Same as the " I had to do this and suffer that hardship to get that picture and.... "
Really? So was that your choice or was that guy with the gun chasing you and you did it to get away from him and save your life?
No one cares. It's not a validation of anything no matter what some talking heads on the net or in seminars that are better at talking then actually doing, tell you. You did it because YOU wanted to.
End of story, grow up and stop sooking OR, if it is such a terrible hardship and worry to you, stop doing it and stay home and do something less stressful like stamp collecting or take up knitting or something else that won't upset you as much.
I'm usually the mean spirited, don't loose and opportunity to make a buck, gun ho bastard when it comes to these " Charitable" decisions but when I find myself on the other side of the fence like this, It really makes me wonder about the people whom are less charitable than I am.
Here's my likely or similar reply when asked before to an artist that wants to paint one of my attempts at art or otherwise......
Hi Fred,
Thanks for your Message.
I appreciate you getting in contact with me about my picture you want to paint and taking the time to ask for permission. I'm very flattered you should want to use one of my pictures for inspiration and would be more than happy for you to put your own skill and inspiration into recreating it.
Would you mind sending me a pic of your finished work so I can see how it turned out when you are done?
If there is anything else you are particularly looking for, let me know and I'll see what I have and I'll put them up on a folder on my site for you to see.
Thanks,
glort.
One other thing.....
To those that feel entitled to compensation, how much do you think is a fair thing?
Would you ask $50? $100?
If you are so tight arsed and mean spirited to get all aggro over $50 or 100 bux, I feel sorry for you, sincerely.
If a pissy amount like that is the difference between you feeling validated and feeling ripped off or whatever, you must have a pretty shit life. I have very little care whether I see tomorrow or not but if I get to the point that getting $100 out of someone, especially someone with a creative outlook like myself whether they are going to profit or not makes the difference between my having to get money to feel respected or not, Seriously I'll know I'm not worthy to be here anymore.
In my life and what I have been though, there's way too much more to be worried bout than trying to screw some piddling about out of someone that has the decency to ask me if they can use one of my pictures for inspiration to create some art from.
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Jul 06, 2017 at 09:51 PM |
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