The Photo Secessionist

Month

June 2010

66 posts

So.. Would you share how to use 'stock photos' in a piece? What limitations are there when you incorporate another's work into your own? Can you still display and sell your piece? How about selling copies?

Great question. Basically, it depends on what your intended use. Generally a small license fee opens up use for most commercial work (advertising, corporate video, websites), with some limitations on the number of times a stock image can be reproduced (istockphoto.com’s standard license is under 500,000 uses). Items for resale, like taking a stock image - unaltered - and putting it on a t-shirt, require a larger license fee.

For creative or artistic purposes, things get a little murky thanks to the introduction of something called derivative works. A derivative work is something based on one or more pre-existing works (i.e. translations, art reproductions, etc.). Generally, if a derivative work shows some originality of its own, it becomes a new work, protected by its own copyright. So if I take a bunch of stock images, printed, cut them out, and glued them together in a collage, that would be a “new work”, and as the copyright holder of this new work, could sell it to my heart’s content. If I take a stock image, print it out, and glue it to a tile I have not transformed the original enough, so this would be the same as the t-shirt example above.

There is also something called fair-use that allows for the re-use of copyrighted material without credit or licensing. If you are interested about it you can read more here.

As great as all of this is, none of this will keep you from getting sued. Shepard Fairey is currently in a back-and-forth lawsuit with the Associated Press over his Obama poster. The AP took the original image which Fairey based his poster on, and Fairey did not cite or license the original photo in any fashion. I think the poster is a pretty solid example of a new, derivative work covered under the fair-use doctrine, but there are arguments that cut both ways.

Hope that helps, and if you have other questions, feel free to ask.

Jun 30, 20103 notes
#questions and answers
Jun 30, 20108 notes
#black and white #sad #dog #cat #dead #emotion
Jun 29, 201020 notes
Jun 29, 201023 notes
#color #food #fruit #red #still life #apple #cherry
Jun 29, 20101 note
#black and white #avacado
Jun 29, 201013 notes
#photography #mirror #reflection
Jun 28, 20108 notes
#gentrification #black and white #parking lot #pavement #shadow
Jun 27, 20106 notes
#color #laundry #clothes #fashion #dirty
I saw one of your comments below about photoshop being your favourite 'camera'. I totally agree. You can take amazing photos, but it's absolutely amazing how different you can make a photo, and the variety of changes you can make by using photoshop. <3

Thanks for your comment.  When I was working primarily with film, which would have been quite some time ago,  I produced a good number of prints pulled from multiple negatives, dodging and burning, shooting through fabrics and textures, and generally as much as I could throw at the process.

Working in photoshop, I have even greater control over the final images.  Photography is not over with the click of the shutter, not by a long shot.

Jun 27, 2010
#ask #questions and answers
Why do this http://29.media.tumblr.com/tumblr_l4mra3Rl4Q1qbk1qko1_500.jpg and this http://public-domain-photos.com/free-stock-photos-1/landscapes/sky/clouds-10.jpg have the same clouds?

The original negative was framed cutting off the subjects at their shins.  Due to this, I liked the composition with lots of head room, but the original was shot against a flat sky.  I though it added more visual interest, while allowing me to keep the crop as it is, to burn in some clouds.  Sometimes I use textures that I have shot for this purpose, other times I will use open source images.

Jun 27, 2010
#ask #questions and answers
Jun 27, 20101 note
Jun 26, 201014 notes
#vintage #1920s #drinking #booze #black and white #antique #old photo
Jun 26, 20109 notes
#photography #mirror #reflection
I've added you to my feed reader, nice work!

Thank you very much.

Jun 25, 2010
#ask #questions and answers
I just wanted to say that I think your 'different way of looking at things' concept is so clever. I wish I had thought of it myself, I'm jealous! (I'm a goof and can't figure out how to comment on the actual photo, I love the bricks and the sky the best)

Thank you for your comments and encouragement.  These photos (you can see the entire series as it progresses here) are part of a summer photography project I am working on to develop “visual awareness.”  The basic idea is thinking before you shoot - visualizing the image, and what the image represents, before actually capturing it.  Obviously, not every photo has this thought behind it - there’s plenty of room for snapshots, decisive moments, and experimentation - but the end goal is hopefully an overall gain in the quality of my work.

Fellow tumblrs, give it a shot, and let me know what your process and results are.  Cheers. 

Jun 25, 20103 notes
#ask #questions and answers
Jun 25, 20104 notes
#black and white #sunflower #lonely #photography
Jun 25, 20109 notes
#solitary #black and white #black #photography #photo #sunflower
Jun 25, 2010115 notes
#black and white #flower #sunflower
Jun 24, 201011 notes
Jun 24, 201010 notes
#mirror #photography #reflection #the same thing
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