photographs

All posts tagged photographs

Kluun, Raymond van de Klundert, is one of the most famous writers in the Netherlands.
I think he’s a funny guy, sometimes, although he can come across a bit arrogant.
Just recently he pretty much screwed up all the positive sentiments I had with him.
His website was taken down, and instead came a big notification stating the following (translated from Dutch):

Have you been the victim of an outrageous claim from a photographer for placing a photograph to accompany a piece on your blog?
Are you a blogger and have you ever received a threatening letter from a lawyer or photographer in which you were told to pay hundreds or even thousands of euros, because you ever had a photo placed with a blog post?

Let us know. Mail it to xxxxxxx@xxxxxx.nl and tell us in that mail:

  • the year in which it was on your site or on your blog
  • the year you received the threatening letter in which was announced you had infringed copyright
  • where you took the picture. Google Images or another place on the internet?
  • the photograph plus article / column / blog
  • the name of the photographer and the lawyer of the photographer
  • how did it end? Did you pay? Did you settle? Didn’t pay? Went to court?

Mail us! We plan to fight a principal battle against these practices by photographers

I’ve written before about copyright infringement. I’ve been on the infringed end of the rope. I’ve sued and settled. And I’ve sent take-down notices. And I’ve let things be.
Generally I’m ok with people using my images on PRIVATE blogs, provided they accredit the picture with my name or a link to my website. I’m NOT ok with people using my images on commercial blogs or websites. I will pursue those, if I find them.

What Kluun is doing here is probably the most hypocritical thing I’ve seen in a long time.
He is in the business of writing. He knows everything about copyright and copyright infringement.
And yet he accuses the photographers whose pictures he steals of outrageous practices.

These claims he’s talking about? They don’t just come falling out of the sky.
These claims he’s talking about are penalties for him breaking the law.
He hides behind Freedom of Speech, but he’s got his ego so far up his ass that he’s confused with the terminology.
Freedom of Speech means (bluntly) that you’re free to say whatever you want. Freedom of Speech doesn’t mean you can say whatever you want and STEAL images to illustrate your Freedom of Speech.

First of all, I think 90% of these claims would not have even existed if he would’ve taken the common courtesy of asking permission to use the image, instead of just copying them off the internet. He, as a writer, should know that, just because it’s on the internet, it’s not for free. Had he had the decency to ASK the photographer “Hey, I saw this great image on your website (or I found this great image of yours in Google), can I use it to accompany a piece of text I wrote on my blog? I will accredit you with the image.” I think most of the photographers would’ve gladly said yes. But if you go ahead and just nick just about any picture you come across which you can use and assume that a) the chances a photographer will find it because the internet is so big are non-existent; or b) everything on the internet is public and thus for free and for grabs; or c) you are a writer and everyone has to respect YOUR copyright but there’s no need to give a shit about anyone else… Yeah, sure, then you can expect that at some point you run against a wall. And rightfully so.
And we’re not even mentioning the fact that he’s making money with his blog through Google Ads. So his website in fact is a commercial website. He was making money with stolen work.

The guy is a writer, he’s written several books. What do you think he and his lawyers would do if we were to copy his books and go about pasting that on our blogs without proper accreditation?
So he’s expecting photographers, who also have to pay their bills in a market that is already highly competitive and very hard to survive in, to shut up and give us his pictures and he’s making money on everything he does and expects others to stick to the rules and not touch his work?
Does that sound fair to you?

The law is already on its way to orphan a large part if the images, we don’t need another idiot to sue photographers for trying to make a living.

I sincerely hope, as a photographer, that Kluun will lose any lawsuit he’ll start and that he has to pay every penalty (and then some) he’s received so far.
Kluun, as a person with celebrity status in a country, should accept the fact that he has a role model function to fulfill, and don’t assume that he’s above the law.
I usually don’t wish bad to people, but he’s just an example of a hypocrite for which I don’t feel any empathy. I hope he gets to pay.

PhotoDeck

PhotoDeck

I’ve been in several stock agencies now for a bit over a year and although it’s been slow and far from making me rich, it’s made me a nice little extra. But the chunk of commission that the agencies take out of your sales is handsome. It hovers between 40% and 60% (and no, I’m not talking about those thieving microstock agencies where you get a penny and they keep four). Sure, they do the marketing and everything, but still. Ever since I started this whole photography business I’ve been wanting to be able to sell straight from my website, but the solutions just weren’t good.

I signed up for Photoshelter, but after they took the stock selling out of business and it basically just turned into a portfolio with a commercial back-end where you have to do your own marketing, it didn’t really do anymore what I hoped. It’s got a hefty price tag for storage space AND they still take 20% off any sales you make through their website. It is, at this point at least, the only thing that really works as a commercial outlet as an extension of your own website.

And then a while ago I came across the name PhotoDeck. I think I read it somewhere on a forum, I can’t even remember. First thought: oh, another one of those. I went to check it out anyway, but found that they were in BETA testing and I needed to put my email address in just for the hopes of getting through to the stage where I could actually test and use it. And -initially just for the “what the heck” of it- I put my name in. Didn’t hear back for a week or two, came across the name again, and read up on it some more. I put my name in the hat again and promptly received a mail back that I was now part of the circle of people with a BETA account and I was welcome to try it out. Which I did immediately.

And guess what…? First impression? I can’t say anything else than WOW!
I got a gig of space to start with, uploaded my pictures and started fiddling around with the application and I’m totally impressed, I’m totally sold. Oh, and then they added 5 gig without me asking (seriously, hook, line and sinker 😀 )
The ease with which everything is customizable is just SO relieving! No more hassle of trying to find the right positions and right coding in a stuffed php template, but just a simple, effective user friendly WYSIWYG user interface. Straight-forward, easy to adjust pricing profiles, auto-watermarking upon upload, galleries, collections and a lot more features still to come, if we may believe the rumors.
And even if you’re a complete idiot (like me) and have some problems with a few things here and there, the response to the question is quick and helpful.

It’s in BETA still, and you can sign up for an account, but things should be going all live in a month and a half or so.
I don’t know what the prices are going to be like, and I assume they will have different types of accounts. I’ve been so rude as to ask what level of pricing I’m going to have to expect and without naming any numbers they said it will be more affordable than the direct competition.

I’m not paid for advertising (unfortunately) and I’m not working for them (unfortunately), but I would seriously recommend giving this a try.

To check out how the visual implementation works seamlessly with the rest of my website, go have a look at my shiny new web store at http://stock.arnoenzerink.com. Oh, and while your there, don’t forget to buy a picture or two! I’ll give the first 100 people buying a picture a 50% discount if you contact me for a quote! *LOL*