Photographer Represents Himself in Court – Awarded $20K in Copyright Damages

Pardon the non-sports posting, but I got some warm fuzzies after reading this story.

As photographers, we depend on licensing our work to pay bills. I think most non-photographers would be stunned to know how much it costs to be in this business. The equipment we have to purchase is astronomically high. I have a set of strobes in the Dean Smith Center at UNC-Chapel Hill that alone cost me over $7,000.

Often, I get requests for people to use a photo of mine for xyz (where xyz could be anything from a poster to a website). I say sure, but we need to discuss licensing. I often get a stunned response. They wonder why would I charge for a photo. After all, it doesn’t cost me anything to email a photo, right? What they don’t consider is the amount of money and time I had to invest to produce a particular photo in the first place. Here is just a short list of investments I’ve made:

  • Digital cameras that have to be replaced every 2 years and cost $4K each.
  • Professional quality lens. You’d be stunned by how much these cost.
  • Insurance.
  • The time I spent as a student photographer learning the trade. While in DC, I spent many of my nights and weekends working for my mentor, Mitchell Layton, typically for free. This was a four year stint.
  • The time it took me to go out to a particular game where a person sees a photo they want.
  • The gas it took me to get to the event.
  • The time it took me to edit the entire take from that day.

I could go on ad nauseum frankly. The point I want to make is that I spend more money and time producing images than the casual observer understands. I went into photography to be a good photographer – not a half-ass photographer (or “guy with a camera” as pejoratively known in the industry). As such, I require income to invest in top-of-the-line gear as well as repair it. I have one lens than easily costs $500 for simple repairs. For a camera, Canon charges me $150 just to open the box if I send one in for repair.

So I get obviously frustrated when people ask for my photos for free, unless it is for a legitimate charity. Worse though, is when someone tries to download an image from my website and print it. That is flat out theft. I would imagine that those who steal my images have jobs — don’t they expect to be compensated by their supervisor for the work they do? Shouldn’t I also expect to be compensated for my work?

Well, getting back to the story I wanted to link to. A photographer in Minneapolis was victim to a very overt form of image theft, when a real estate and financial services firm stole an image from his website, and used it in a advertisement. The photographer tried amicable solutions, but when put off by the company that stole the image, pursued the case in court, represented himself, and won almost $20,000 in a copyright infringement case. You go Chris. Glad to know that copyright still means something.