Photog makes poor decisions ...

.... and social media whines about it.

https://petapixel.com …nt-viral-wasnt-paid-dime/

texkam wrote in post #18451627
.... then whines about it.

https://petapixel.com …nt-viral-wasnt-paid-dime/

I wonder how a casual photographer prepares himself/herself for a day like that.

Kudos for trying to save the manatee. Should have tried to find intrinsic value in that. As someone in a related field of graphics, I know how things have devolved for intellectual property in the internet. A post on Facebook is pretty much public domain now...if you had filed copyright before, may be worth some financial fight. But as is, it's something that's a learning experience.

I don't think he was whining about it. I think he misunderstood, and still does not how to submit a press photo to sell. You need an agreement in place BEFORE you get that viral shot or you need something so exclusive you can sit on it for a day or more to get an agreement. The manatee is like a viral cat picture, it pulls on the sympathy strings at the moment. A day later and the news would have moved on.

Yes, he was not whining, just alerting others and he was happy to get the credit, when he got it.

For the record, "$5,000 per stranded manatee image" and stick to your guns because no one else has a stranded manatee photo. You can always negotiate down. But I think USA news outlets AP and UPI would have to pay the most first as they distribute to FOX news and others from there.

Perhaps a better headline would read ... I Shot a Hurricane Irma Photo That Went Viral, and I didn't know how to respond to usage requests. So yeah, I'll soften the whining comment.

Anyway, social media is vilifying AP, saying shame on them for being underhanded. Is it the media's responsibility or obligation to initiate a compensation amount? If an independent photog stands fast on their fee won't the AP either seek out another photo for less, preferably from an AP shooter, or simply choose to pass on the story? While this article is informative for uneducated photographers, business negotiations are a two way street. With no usage permission from the shooter, the image doesn't get run by the Fox Newsdesk, then by AP and the world. So it's not like this image was destined to go viral.

texkam wrote in post #18451745
If an independent photog stands fast on their fee won't the AP either seek out another photo for less, preferably from an AP shooter, or simply choose to pass on the story?

They might choose one of those options but they might also choose option 3, which is "pay". While they are happy to try it on many outlets do pay because they know that they will earn from it.

Even if they do choose option 1 or 2 that is fine too. If they use your image they will earn money from it. If they aren't willing to share that benefit with you why would you want to give them permission.

Interesting read. I've often wondered how this issue works or what I would do if faced with a similar situation.

Is not his fault. He didn't have plans or goals about this photography in general. And this is obviously an one time thing. I think the more people would realize that they should be paid for their photos, the better for all photographers. Since he was getting plenty of photo requests, at one point, one agency would pay him. The rest? They would lose out and probably won't get the necessary photos to depict the damages Irma has caused.

texkam wrote in post #18451627
.... then whines about it.

https://petapixel.com …nt-viral-wasnt-paid-dime/

That's not so much a whine just lamenting about not being prepared to answer the question about licensing.

He should of tossed out a number and see if they bit, I know for a fact FOX News producers are authorized to pay $500 for a photo or clip, NBC Miami will go $300, FOX Miami/WSVN will offer to credit the photographer and then steal the photo anyway which as they have discovered can get quite expensive in my case it was $15K the ended up paying out.

Wayne

MatrixBlackRock wrote in post #18460722
.......which as they have discovered can get quite expensive in my case it was $15K the ended up paying out.

Wow

Agreed. I edited my post. It's really been social media that is whining about how mean the media was.

"After trying to help..." This is the all too typical response of the uninformed public. It's a noble thought, but could have resulted in more harm to the creature. There are certified wildlife rescuers and rehabilitators in most states who are trained to rescue stranded critters while minimizing further harm. The photographer's first thought should have been to call them. Looking at the photograph, it's clear that getting a several hundred pound manatee into clear water on that day would have been a herculean effort. With a hurricane bearing down upon them, I don't know.

A relative once told me that he encountered a gray seal taking a nap on a beach. He assumed that it was stranded and tried be the noble human rescuer. He's lucky it didn't bite off his hand. Gray seals aren't circus performers; they're aggressive and have a mouth full of teeth.

Offering the photo to the media for a mere photo credit was another example of poor judgment. When they heard that, it probably made their day.

I wonder how long it will be before AP or one of the other agencies that have picked up this image, and are selling licences for it, hit him with a cease and desist letter for posting his own image?

Alan

TooManyShots wrote in post #18452053
I think the more people would realize that they should be paid for their photos, the better for all photographers. Since he was getting plenty of photo requests, at one point, one agency would pay him.

Very true, by giving away content for free it lowers the bar for those who make a living generating it.

Wayne