Week 2

Week 2: Whose Image is it Anyway?

We were asked for our opinion on the copyright case Cariou v. Prince. My legal knowledge is minimal. My opinion on this case is mixed. I feel conflicted because my practice will involve me using my own images, but there will be times that I will be using images from other sources. I feel sorry for Cariou because another artist was able to use his images to make money without his permission and without him making money; that doesn't seem fair to me. I do feel that a creator of something should have control over their creation and who uses it.

Another interesting copyright case was the Naruto et al v. David Slater. A photographer coaxed a crested black macaque called Naruto to use his camera to take a selfie. This is the image -

LINK to source information - http://copyrightblog.kluweriplaw.com/2018/02/05/monkey-business-finally-settled-monkey-selfie-disputes/

This case is extraordinary and unprecedented. PETA (People for the Ethical Treatment of Animals) tried to sue the Photographer Mr Slater for "falsely claiming authorship" of the images and publishing them. They used the 'next friend principle' which means that PETA were able to file a lawsuit on the grounds that Naruto was incompetent in legal matters. However, the case was dismissed on the basis that "copyright protection cannot be granted to animals".

This topic has highlighted my need to understand copyright law in detail as I will be using images that I do not own.

Reflection of week 2's topics -

For my day job I work as a Producer of 'moving image' and have worked on a number of projects that have included film and stills. So, when I think about how I fit into the photography industry I naturally lean towards the production side of things. However, the reason I am doing this course is to develop my creative side. Something that Gem Fletcher said in her interview for the 'Creative Lives in Progress' is about Imposter Syndrome. Which is something I have felt when trying to do something other than producing. This course is giving me the confidence to create. The aim is to be able to combine my producing experience with my new photography confidence and tell stories in a documentary and fine art space.

There are many similarities between the photography and film industries. Firstly, film sets have many different roles that have to come together to achieve the collective goal. On a day to day basis I am working with: Directors, DOP's, Art Directors, Creatives, Crew (Gaffers, Grips, AD's, etc) all looking at the project differently, but with the same end goal. The key is 'sailing the boat' as smoothly as possible to shore; there will be bumps on the way, but the goal is to get there. Collaboration is a very important part of being creative, whether it is people helping pre-production, production or post-production, there is always a compromise to be made, but it is also important to know when to push for something.