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Stolen Photograph: A New Look at An Old Problem

This started making the rounds yesterday. The Stolen Scream: A Story About Noam Galai. I thought it important to post here. Wanted your thoughts to be a part of the conversation.

IMHO, this is:
Exciting.
Scary.
Different.
Opportunistic.
Cannibalistic.
Visionary.
Divisive.
Should we celebrate it or hate it? Lawsuits or a new suit of clothes that recognizes the times?
Two obvious sides with no obvious answer. And on and on… It’s our newest classic challenge as a rapidly evolving industry with the rapid deployment and sharing of information.

What say you?

(via the nice folks at fstoppers)

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114 replies on:
Stolen Photograph: A New Look at An Old Problem

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  1. John says:
    March 8, 2011 at 5:42 pm

    I was reading some responses by some above, and it would make logical sense to me to make a lawsuit against all of the companies and people he could find who use the image. If he hasn’t registered the copyright, then he still can collect its worth; however, he cannot collect for punitive damages. Also, he never signed a model release to all of the companies who have used his image, so there he can sue for punitive damages if he’s out to make money off the image. I’m sure there are other ways that lawyers could figure out to make money for him, but he’ll only find out by hiring a lawyer …

  2. Jason Miller says:
    March 8, 2011 at 5:05 pm

    This guy needs to send $45 and a disc of the originals into the US Copyright office and have his work legally copyrighted if he hasn’t done so already. Then immediately contact a lawyer and start trying to sue the crap out of everyone he can who has illegally used his image without his permission. I realize some out of US uses may be hard to resolve, if at all. But he can still go after the ones in country at least.

  3. jonathan says:
    March 8, 2011 at 4:54 pm

    It depends how you look at it. I believe its theft but what can you do? :/ surely using the image as graffiti, is someone being inspired and putting their own swing on it. (which is what most photographers do, using other peoples ideas in their work.) However using the image and putting someone elses name on is criminal….But i think he should be thankful for his fame and let bygones be bygones and make the most of it. doesn’t get opportunities like that.

  4. W says:
    March 8, 2011 at 3:51 pm

    I ran into two photographers exhibiting at a large fair recently. One photographer had signs all over his booth with a camera icon in red cross-hairs and “Do Not Photograph!”. I actually watched him chase after a woman who was attempting to capture one of his pictures with her cell phone. He can claim lost sales, but if she wasn’t going to buy anyway, what did he really lose? He lost any chance of additional exposure or word of mouth from her and others that witnessed his tirade.

    The other photographer had a sign that said, “Yes, you can photograph my work.” I asked him why and he responded that the chances of someone stealing his images was less of a concern to him than someone sharing one of his images with others. Through that sharing attitude, he knew he would sell more images. He mentioned a client that had bought an expensive framed print from him. They had only seen his work because someone else had photographed it and showed it to them.

    Which photographer is going to get more free exposure and be more successful? My bet is on the latter. As a photographer, remember, “You don’t take a photograph, you ask quietly to borrow it.”

    It’s humbling how Noam acknowledges at around the 8-minute mark that he owes his fame to that one stolen image. Had it not been so widely used, it would likely only exist on his computer or printed on his wall at home. What he gains in free publicity and exposure from that one image will likely more than make up for any potential loss in the long run. I wish him the best of luck. He has the attitude we should all aspire to.

    1. Francis says:
      March 9, 2011 at 8:44 am

      Both Photographers are correct!

      Each one of them owns the rights and choose to do what they wish.

      I applaud them both!

      1. W says:
        March 9, 2011 at 12:27 pm

        First, I agree that everyone has the right to do what they wish. The question wasn’t which photographer was correct, it was which one will be more successful long term. Unfortunately, Noam didn’t get to make that choice, thieves made the choice for him. Instead of being a jerk about the issue, Noam’s positive attitude and humble reaction is taking him a lot farther in life.

  5. Lee Morris says:
    March 8, 2011 at 3:48 pm

    Thanks so much for posting our video Chase.

    I find it humorous when people say he was robbed of millions of dollars. Of course I can’t say for sure but I believe that if he was paid by the companies that stole his image, he would have made a few grand, not a few million. I know what he was paid for the magazine cover and it wasn’t much.

    Of course what happened isn’t right but don’t we all steal stuff all the time? Every idea for a photograph we have has been inspired by another in some way and the line between inspiration and theft is a thin one. I’m the first to admit that I’ve watched unreleased TV shows online on Megavideo and I was the king of Napster back in the day. How many of you can say your computers are clean or copied software, your car is clean of burned CDs and your iPods are full of only music you have purchased. Haven’t we all made “mix tapes” for our friends? I’m not proud about any of it but I’m not going to act like the people in the video are any different than me.

    Noam may have missed out on a few thousand dollars but his face is now a small part of history. I’ll take that over the cash any day. But hey, that is just my opinion.

    1. Francis says:
      March 9, 2011 at 8:38 am

      Millons of dollars or thousands of dollars. You absolutlety can’t say for sure and neither can I. But my best guess it is a whole lot more than what you’re talking about. Today content is displayed at an expotential rate more than ever before. Had his rights been honnored. I think he would have been a rich man. However the sad part of this is that we will now never know. I think he should go after everyone he can catch and nail em. Let this be the example of what our new world needs to learn. Not by any means an easy task and nearly impossible. But so important just the same. As the record indusrty zeroed in on a few unsuspecting citizens for stealing all of that music. Shocking as it was, it brought to light an awareness to the average person who has no concept of infringement. It’s not persuction! It’s protection.
      I applaud you for cleaning house. I have done the same as well. Everyone should!

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