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The cost of a photograph | Vitaly Berkov | TEDxVladivostok


Translator: Victoria Levitskaya Editor: Yulia Kallistratova

Have you ever wondered what the frame price is?

What is behind this or that photograph?

What work is invested in it?

I thought about it.

And I did not just think about it.

I know this price, because I myself experienced it all on myself.

Shooting wildlife is my passion and my calling.

I traveled more than a thousand kilometers along the ridges and taiga of Primorsky Krai

in search of interesting plots.

We have a unique nature.

Such a diversity of animals and plant forms, landscapes

not meet anywhere else in Russia.

But there is one very serious problem,

with which many photographers come across at every turn, –

This is disrespect for their work and illegal use of photographs

in commercial and journalistic activities.

This problem is especially topical in recent times

with the development of the Internet and other mass communication technologies.

On the one hand, this gave us, photographers, more opportunities for publication

and demonstrating their pictures.

And on the other – people for some reason it seems that everything that is laid out on the Internet,

immediately becomes the public domain.

Yes, in most cases people violate someone else’s copyrights unconsciously,

by ignorance, not having a direct purpose to cash in on someone’s name.

Therefore, I will not recount the contents of the copyright law:

it’s long, boring.

Let’s talk about the most common misconceptions,

which many accept as truth.

The first misconception, probably, is my “most beloved”:

“The photo was taken from open sources.”

You can not even imagine how many times I heard this phrase.

If I were paid a ruble for every time I hear it,

then I probably would have grown rich.

But in the law there is no such thing,

in principle, there is no such thing as open sources.

Therefore this phrase has no legal power.

The second error: “The photo is taken from the site,

and it is a place open to free access. “

This phrase is very popular with those,

who at least once looked into the law on copyright.

But in fact, the law refers to a place in a real and tangible world.

And this applies to those who photograph in places of congestion of people,

where there are many architectural buildings and various signage.

This case of free use is aimed at,

so that there are no obstacles to the implementation of the reportage

and amateur filming in public places.

Even the Supreme Court of the Russian Federation passed a ruling in 2015

to exclude such a misinterpretation of the law.

He ruled that the Internet is not a place open to free access.

The third misconception, which is also quite common: “The picture is taken from the search

Yandex or Google pictures; on it there is no signature, whose it is. “

All search engines are essentially cataloguers.

That is, they just collect and structure information

about all the pictures on the Internet.

And any photo found in this way,

there is always a link to the source, where authorship is written.

But even if it is not specified, you still do not have the right to use

these photos, because by law the author has the right to be published anonymously.

The third misconception: “in the photo is not worth copyright,

and there is no information that it can not be used. “

According to the copyright law,

the author has the right, at his own discretion, at his own choice,

put him a copyright protection mark on the picture or not put.

With regards to rights, everything is simple:

any photo, a priori, has certain rights.

They belong to either the author or those who bought them.

Well, finally, in order that everything should fall into place, I propose to take a look

on the screen and look at the table, where a simple language is written,

when you can use photos on the Internet, and when not from the Internet.

I conditionally divided into three types of use.

First: commercial use.

It is allowed to take photos from the Internet only in case of an agreement with the author,

or the conclusion with him of a license contract on the transfer of rights.

In all other cases, use photos from the Internet

for commercial purposes is prohibited.

And it does not matter if the photo is signed or not.

The second type of use is for various articles on the Internet,

for newspapers and news.

Here the same principle works as in the first case, but it is added,

that if the author on his page indicated,

that you have the right to use his photo,

but with the obligatory indication of authorship and references to the source.

To these two types of use one can draw an analogy

or, if you like, a parallel, with our real, tangible world.

Let’s take some thing.

For example, this phone.

I, of course, understand that this is not the iPhone 7 or the Samsung Galaxy Edge,

but imagine that I put this phone on the stage and leave.

And now the question is:

Do you have the right to take it yourself and use it the way you feel comfortable?

Because it does not say whose it is.

It is in the public domain.

But I very much hope that everyone present in the hall,

answered my question negatively.

And if someone said “yes” – I think they are interested in the competent authorities.

(Laugh)

Well, finally, the third type of use – for personal purposes.

Allowed to take photos from the Internet without attribution

and even without the permission of the author.

But here you need to clearly understand what personal goals are.

Let’s say you liked the photo on the Internet.

You have every right to print it and hang it at home on the wall.

Or to make wall-papers on all wall.

Or collect the best photos, compilation on your computer

and use it as a desktop screen saver.

But all this can not be done in your office

or other premises,

where there is access to a large number of people.

I think we sorted it out.

But in addition to intellectual work, hard to assess,

I would like to sharpen your attention, probably, all the same, first of all,

on the physical labor of the photographer.

This photo is taken on one of the crests of the “Cloudy” ridge.

It was the fourth day of my hundred-kilometer transition

between the two highest peaks in Primorsky Krai –

mountains “Snow” and “Cloud”.

When there was no more than an hour to the top,

suddenly ran into a cloud of fog covered my head.

It was raining hard.

Clothing immediately wet, and visibility fell to zero.

In such conditions, it was dangerous to continue the ascent,

and I decided to try to find a place on the narrow site for the tent.

I was lucky.

I found a more or less flat surface near the rock,

where I squeezed my tent.

Conditions were such that it was not possible even to pull the tent,

because there simply was not enough room.

And in the morning I woke up with a lot of noise and cold.

As it turned out, during the night the temperature dropped to negative values.

Everything was frozen.

And the storm wind rose.

He was so powerful that he easily knocked me down with a backpack

and threw it from the ridge to the rocks.

It was possible to move only on his haunches,

Struggling with all his strength trekkingovymi sticks in the icy urn.

As a result, the ascent, which under ordinary conditions took no more than an hour,

turned into a two-hour battle with wind and cold.

And here is another example of conditions,

in which wildlife photographers often fall.

This photo is “less” extreme.

This Santa Claus is at a temperature below -25 ° C and a strong wind.

In such conditions, I spent more than two days at the top of the mountain “Tuman”

in the middle of January.

The most unpleasant and inconvenient was that,

that constantly with fingers of hands it was necessary to disconnect eyelids,

because the eyelashes were frozen and there was no way to open your eyes.

And such examples, in fact, I can give you a lot.

Yes, not every trek is so extreme,

not all trips are so extreme.

But in each of them, the photographer’s work, both physical and intellectual, is invested.

And now imagine, feel my emotions, my feelings,

when I meet my photos, illegally used

on tourist sites, advertising excursions in the Primorsky Territory.

Or in news stories telling about the tourist potential of the region.

That’s why I started to fight for my copyrights

and agitate other photographers.

Not for the sake of money, no.

My goal is to encourage people to learn how to respect the work of a photographer

and appreciate his right to a name.

I very much hope that my call will be heard.

And you will become the ones who will help me in this.

After all, as the old Chinese proverb says,

“A journey of a thousand li begins with the first step.”

And we did it.

Even if you figure out today what is good and what is bad.

And now I suggest you relax a little

and on quite legitimate grounds to admire the beauties of Primorsky Krai

in my pictures.

Thank you!

(Applause)

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