Re: [wwarped] XSport International Magazine
First of all. I just want everyone to know that in NO way am I trying to sabotage this upstart online mag nor am I here simply for some online flaming war. I'm far to busy for that. This is an important matter for some people. This is how some people feed their families. While you are working 9-5 chances are that most photographer's out there are working 80hr work weeks 7days/365 just to keep their business afloat. And on top of that photographers in particular constantly have to deal with people who feel that a photo is not worth a penny and that THEY have every right to use MY intellectual property for free just cause it's posted on the web or has been emailed to you by me.
I have NO personal vendetta against Xsport, Neil or anyone else. I commend what you are all trying to do and I know it's not easy or simple. What I am trying to do is shed some light on this issue. Especially in the outdoor sports industry there is a huge disrespect towards creative content creators and it drags the entire industry down as well as making it very very difficult for creators to make a living or even to stick around long enough in order to really create AMAZING work that we ALL benefit from. (Like Scruff was saying, thank you BTW)
Now, on the matter of intl © law. The UK is part of the Berne convention
http://www.copyrightservice.co.uk/...p08_berne_convention in short:
What is the Berne Convention?
The full title is the Berne Convention for the Protection of Literary and Artistic Works. It was first adopted in 1886 as an agreement to honour the rights of all authors who are nationals of countries that are party to the convention. The current version of the convention is the Paris Act of 1971. The convention is administered by the World Intellectual Property Organization, (WIPO).
The Berne convention IS basically an international copyright law. The US, UK, and New Zealand have all signed the Berne convention and © is therefore protected in all of these countries.
Also the UK copyright laws are more or less identical to the copyright laws in the US feel free to read up on them here :
http://www.copyrightservice.co.uk/...p01_uk_copyright_law To Summarize:
-The law gives the creators of literary, dramatic, musical, artistic works, sound recordings, broadcasts, films and typographical arrangement of published editions, rights to control the ways in which their material may be used.
The rights cover; broadcast and public performance, copying, adapting, issuing, renting and lending copies to the public.
-Copyright is an automatic right and arises whenever an individual or company creates a work. To qualify, a work should be regarded as original, and exhibits a degree of labour, skill or judgement
-Who owns a piece of work:
Normally the individual or collective who authored the work will exclusively own the work.
-It is an offence to perform any of the following acts without the consent of the owner:
Copy the work.
Rent, lend or issue copies of the work to the public.
Perform, broadcast or show the work in public.
Adapt the work.
(The proceeding was all pulled directly from the UK copyright service page)
Let me just throw this out there for you to dwell on:
Pro DSLR camera body: $5,000.
Backup DSLR body: $2,000.
Lens investment: $10,000.
2 Speedlights: $1,000.
Ultra-light tripod: $1300.
Bags, cases, cards, cleaning kits, cables, etc. $1500.+
Desktop Computer: $2500.
Editing software: $2000.
Laptop: $2000.
Backup Hard Drives: $500 (usually every 6 months)
Website $2000(every year, and that's a cheap one)
Marketing $5,000. - $10,000 per year
Desk, printer, fax, etc. $1000
office supplies $500+ per year
Insurance: $1000/yr
Flight to Norway $1200.
Excess baggage fees $200.
Rental car for 3 weeks $2,000.
Lodging, food, gas, misc $2,000.
Rig, camera helmet,etc $3300.
Lysebotn "lift tix" $600.-$1000. /3weeks
That photo that I was nice enough to email to you: "YES, please use in any way you want, in whatever medium you want, forever and ever and whatever you do don't ask my permission or give me credit cause after all I did send it to you after spending 2-weeks straight in front of my computer editing all my images including this one. Not to mention working nights at a grocery store so that I can cover all the debt from my photography business cause everyone knows that a photo should never belong to the artist and anyway i'm doing all this for the love of it!"
BTW, I DO love it! Most photographers are NOT in it for the money either. It's a lifestyle thing. However it is an extremely expensive and difficult lifestyle which is why EVERY photographer deserves AT THE VERY LEAST the respect of asking their permission before using one of their images no matter how good the cause is.
If it is your desire to start-up a magazine FOR the people who are passionate about these sports then please have some respect for the people who are passionate about capturing these sports in various mediums so that we can continue to get out there and create/capture the imagery that so inspires us and touches us and gives us that little chill of excitement just sitting on the toilet bowl at home with a magazine in hand.
I would venture to guess that the amazing and inspiring imagery created by the past artisans of our collective sports is a HUGE factor on all of us being here now playing in these amazing, wonderful, and adrenaline overload inducing playgrounds.
I think I've made my point well enough to anyone who might actually listen. I wish you all luck with your mag and I hope that going into the future as you work on your upcoming issues you will think about the rights of other creators in this industry so that we may all continue to do what we love to do and we are all able to afford to get out there as much as possible.
Aloha