Last night on the EDM Photographers Facebook group a member posted a tweet from an upset photographer who wasn't properly credited for an image that famed music producer, Diplo, posted on his Instagram feed. The concert photography collective, Visualbass, tweeted their irritation to Diplo about the uncredited photo and was met with a rather unpleasant and public exchange from the artist.
[UPDATE 12/12/13 I have been in contact with Visualbass and have added a few quotes in the article]
Before I get into this article let me first explain to some of the readers who may not know this particular genre of music very well exactly who Diplo is. Diplo or Thomas Wesley Pentz is an American producer and DJ. He is best known for his EDM group Major Lazer. He has collaborated with some of the biggest names in music (Beyoncé, No Doubt, Justin Bieber, Snoop Dogg, and Santigold). He produced the Grammy nominated song "Paper Planes" by M.I.A. and has a new track with Sia and The Weeknd on the new Hunger Games: Catching Fire soundtrack. The man is a big player in the music industry and it's safe to say that he is the future of mainstream pop music. He even has his own Blackberry commercial and has modeled for fashion designer Alexander Wang.
The photography collective Visualbass was granted a press pass to the Mad Decent Block Party in Toronto (Mad Decent is owned by Diplo) to shoot on behalf of the blog ThisSongSlaps.com. When shooting at the show the photographer didn't sign a copyright grabber or contract giving their copyrights away, although other photographers present at the concert did. The photographer was allowed photo pit access and took some pretty killer photos of the event, but when Diplo posted the photo on his Instagram the photographer took to twitter to express his disappointment.
"Thissongslaps.com approached me to shoot this Block Party at Fort York. My agreement with the blog was that they leave my watermark on and they'll get selected pics free of charge. I was given a media pass at the gate but not a AAA [All Access] pass and there was no contract of any sort to sign when I got the pass. I was able to go into the media pit and everywhere else but NOT BACK STAGE, but I snuck back there anyways because I had a lot of friends who are artists and I just wanted to say hi." - Tobias Wang (owner/photographer Visualbass)
An artist that doesn't credit a photographer isn't anything new, in fact, it's a huge problem in our industry. The majority of concert photographers don't make enough to have concert photography as their main niche in photography. The majority of the time we pay out of pocket to be there, to shoot for a venue, promoter or even the artist themselves. So, when a successful artist who at that point should understand the idea of copyright laws should know that it stings when others use your work without proper due credit. I find the whole situation quite ironic in a way that an artist who values his intellectual property rights would devalue ours. At this point I'm not entirely blaming Diplo though since the photo wasn't actually uploaded by him personally, but by his management team. (Looks like his management team needs a little lesson on properly crediting photographers.) It's his very public reaction to the tweet that caught us (EDM photographers) off guard.
"WTF?!, was my initial reaction but it wasn't the first time he's done this. I wasn't even mad when I saw he'd instagrammed the post I just re-instagrammed it with my comment. I attached a screengrab of our conversation via Facebook in July where he blatantly said 'totally stealing for my twitter thanks!' referencing to this image from that same party : http://visualbass.com/products/diplo-11x11in-print and as you can see from the screengrab that I was actually cool with it simply because he said thanks at the end of comment. So I was a little sad that he didn't bother to credit me and that he cropped out the watermark." - Tobias Wang (owner/photographer Visualbass)
In two simple sentences Diplo completely devalues the hard work that we as photographers do. Those of us that do this legitimately (whether it's shooting for press, the artist, venue or promoter) are there not because we want the thrill of being backstage. We're not all groupies with DSLRs running around backstage hoping for a chance to speak to the artist. No, we're there because we belong there. We are providing a service to whoever our client may be. Instead of quietly dealing with the situation and removing the photo or adding credit he completely dismisses the photographer altogether.
This disappointed me a great deal being that Diplo/Major Lazer is one of my favorite artists to not just listen to, but shoot. I have had the pleasure of shooting his EDM group Major Lazer twice in my career as the house photographer for a national-level promoter. All I can say is that Diplo and his crew put on one hell of a show. As a professional concert photographer it's hard to NOT get a good photo of Diplo if you have some decent access. The level of interaction with the crowd is insane. While Major Lazer have used my photos without personal credit to me, it wasn't so much of a deal to me since I was paid by the promoter for this exact purpose. It would have been a nice gesture though. I do love it when a major artist takes the time to give me proper credit, like in the past with Showtek and Steve Aoki, who actually tagged me in each individual image they posted on various social media sites. That is what I call mutual respect for the art that we produce.
"The funny thing is that most people in this world don't care about how a photograph is made especially in a club. The biggest misconception about clubscape photographs and photographers is that what they do is not hard. Digital photography did not help that reputation and neither did smartphones. I've been shooting since 1999 and worked a lot with artists throughout my career. It used to be a lot easier to contact the artist and managements because there wasn't a lot of photographers, but now it is nearly impossible to get a hold of anyone because of all the white noise that social media causes.
Artist management like that are ignorant and lazy. This simply exemplifies the lack of integrity as a company and their roster." -Tobias Wang (owner/photographer Visualbass)
In a surprising social media twist people have stood behind Visualbass and took to defending him against the artist. Which is a pleasant change in which usually fans will defend the artist and their behavior till the bitter end.
After a few more exchanges between Diplo and his twitter followers VisualBass tweets a retort that flips the tables dramatically.
While the condescending tone of Diplo's tweets are disheartening for photographers and videographers at best, he's right. (On a side note when I shot the Major Lazer concerts I was, in fact, the only official photographer shooting for the promoter along with one other photographer shooting for Eyewax.TV for UME 2013. There were only a handful of press photogs there. The other concert, Isla Del Sol, I shot solo along with a videographer, no press was allowed. There was not a large number of photographers at either concert.)
VisualBass has been reportedly selling non-limited and unsigned $2 "posters" of Diplo, along with a slew of other mainstream artists since July. Most photographers wouldn't give a second thought to putting up a photo that they took at a concert for sale in the form of a print, but knowing from recent conversations with famed DJ photographer Drew "Rukes" Ressler from Rukes.com that simply taking the photo doesn't necessarily give you the right to sell it as a print. In Rukes's F.A.Q. he answers the question on why his prints are very limited.
"The prints are limited since copyright law limits the amount of prints a photographer can make. If you go over that certain amount, the prints become “merchandise” and must be licensed in accordance with the artist pictured."- Drew "Rukes" Ressler
Photo by: Rukes
So, this presents a good question. If I take a photo of an artist at a concert and own my full copyrights can I sell prints of my work? The answer to this has been notoriously grey in nature due to legal jargon and confusion between concert photographers, but the short answer is... yes, with strict limitations. Let me break down on how U.S. Copyright handles fine art prints.
US Copyright (excerpts):
A “work of visual art” is —
(2) a still photographic image produced for exhibition purposes only, existing in a single copy that is signed by the author, or in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author.
A work of visual art does not include —
(A)(i) any poster, map, globe, chart, technical drawing, diagram, model, applied art, motion picture or other audiovisual work, book, magazine, newspaper, periodical, data base, electronic information service, electronic publication, or similar publication;
(ii) any merchandising item or advertising, promotional, descriptive, covering, or packaging material or container;
In layman's terms you can sell prints of an artist (or rather anybody) as long as they are limited to an edition that only includes 200 copies or less, are signed and consecutively numbered by the photographer. Usually fine art prints are somewhat expensive compared to normal prints, printed with high-quality paper and will explicitly state that it is a fine art or gallery print. If it doesn't follow these guidelines it no longer falls under a limited edition print, but rather commercial merchandise, and you must either have a model release from the artist or work out a licensing deal with them. You must also own the full copyrights to the image in question. The majority of concert photographers are forced to sign their copyrights away just to gain access to an artist which is a travesty in itself. That topic is for another article.
It's unclear if VisualBass is breaking any copyright laws by selling the posters, since the company resides in Canada (where the photos were shot) and they state that they never signed any sort of copyright grabber or contract with the promoter or artist. I'm going to assume by the price and the unsigned and unnumbered nature of the posters that this hardly falls under the definition of a fine art print and that Diplo is correct in stating that they are using his likeness commercially. The only time that Visualbass says that the posters are actually limited-edition prints are in a Tumblr post marketing their posters. Then again, I'm no intellectual property lawyer.
I want to end this with the unfortunate truth that some artists in the music industry just do not respect what we do. All of the hours we put into shooting, editing, the small to no compensation, and the under-appreciation can eventually disillusion you as a concert photographer. That doesn't mean we don't love what we do. I personally loved shooting Diplo and getting the chance to make him look like the rockstar that he is, because in essence that's what we do. We capture the artist in the best possible light to help promote themselves. I just wish that big artists would have enough common sense to see that the true professional photographers in this industry deserve respect just as much as they do.
To close the article I want to publish some of the best photographs of Diplo that were captured by members of my EDM Photography group, EDM Photographers. We are the largest collective of EDM photographers on social media, and I'm proud to say that we have the best of the best in the group. I want to thank those that submitted their photos for this article. You can also view the entire set from the Mad Decent Block Party by Visualbass on their Facebook Page.
All photos used with permission.
Photo by: Avi Raz
Photo by: Lucid Light Photography
Photo by: Shea Flynn (Da Black Swan)
Photo by: ClutchPro-Vids
Photo by: Calder Wilson
Photo by: Rodolfo Lamaestra
Photo by: Joeri Swerts
Photo by: Adam Oles
Photo by: Dustin 'Hollywood' Thornton
Photo by: Robert Underwood
Photo by: Roger Ho
Photo by: Chiara Gerek
Photo by: Bethany Rees
Photo by: Nick Ford
Photo by: Wrenn Okada
Photo by: Jorge Meza Photography
Photo by: Tyler Hill
Photo by: Chadwick Morris
Photo by: John Bolen
Photo by: Mantas Ivanauskas
Photo by: Luis Villalobos (Da Black Swan)
Photo by: Christina Kuhlmann
Photo by: Eric Fehringer
Photo by: Oh Dag Yo
You're not serious right?
" If not is there any obligation to credit the owner of whats already publicly shared on the internet ?"
Sharing on the internet doesn't invalidate copyright ownership ... it doesn't suddenly make the content public domain. This applies to most developed counties.
There are two primary international copyright agreements, the Buenos Aires Convention and the Berne Convention for the Protection of Literary and Artistic Works. Most countries are signatories of those agreements.
Several exclusive rights typically attach to the holder of a copyright:
- to produce copies or reproductions of the work and to sell those copies (including, typically, electronic copies)
- to import or export the work
- to create derivative works (works that adapt the original work)
- to perform or display the work publicly
- to sell or assign these rights to others
- to transmit or display by radio or video.[28]
The phrase "exclusive right" means that only the copyright holder is free to exercise those rights, and others are prohibited from using the work without the holder's permission.
If I was to use Dipo's music in a video or movie after he posted it online ... his lawyers would be after my for hundreds of thousands of dollars.
It makes sense.
What are the rules of "crediting" the owner of visual content (where on frame or publication page, what duration if on video, how big in proportion to content)?
Should this agreement occur between the 2 parties before it gets re-used? I imagine so.
And if I post a picture I took on the internet, am I automatically its "copyright owner" without further process? Is it the same in all developed countries?
cheers
http://en.wikipedia.org/wiki/Moral_rights
Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. They include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work.[1] The preserving of the integrity of the work bars the work from alteration, distortion, or mutilation. Anything else that may detract from the artist's relationship with the work even after it leaves the artist's possession or ownership may bring these moral rights into play. Moral rights are distinct from any economic rights tied to copyrights. Even if an artist has assigned his or her copyright rights to a work to a third party, he or she still maintains the moral rights to the work.[2]
Article 6bis of the Berne Convention protects attribution and integrity, stating:
Independent of the author's economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, modification of, or other derogatory action in relation to the said work, which would be prejudicial to the author's honor or reputation.
I've taken a pile of concert photos and I can say without question there is nothing more awesome than seeing a band (even if i dont like their music) sharing my photos and giving credit. Small club or HUGE arenas it's pretty rad. These guys just got off on the wrong foot, really; and it just kind of escalated. If no one is selling the images, and its just for kicks then just credit people as it is greatly appreciated and for any photographer it would be awesome to have a "Dippy shared my photo on his page and credited Me" feather in the cap.
When an artist reaches out to a photographer for permission to their photo for their, album, posters, flyers, whatever... its EXPONENTIALLY awesome and a sign mutual respect from one artist to another. If you dont have the money to pay an artist for their work, at least do what you can (credit them at the very least). It would mean the world to them.
I'm fairly surprised. Ive shot Diplo dozens of times and he's always been very supportive of photogs. He's actually come to my defense before when another DJs tour manager was trying to give me a hard time. I think the two biggest problems here is that A) from my understanding the photog was essentially shooting for credit, well you want the landscape of the industry to change then DONT SHOOT FOR FREE OR SOME DUMB CREDIT!!! PERIOD!!!!!!!! B) second biggest issue is some of the photogs signed a rights grabber, if thats the case DO NOT SHOOT!!!!!!!!!! If you want to see the concert but a ticket but don't go in on the pretense that your a "professional photographer". If your not getting paid its not your profession and its screws the people who actually make a living at this...
I couldn't agree with you more.
I have to agree too to some degree; however, it still doesn't justify cropping out watermarks and being a complete ass about the whole situation. I personally believe his attitude towards the photographers is worse than not giving a photographer credit, but I do understand why the photographer is upset.
Because of people like him, I feel like I have to paste my watermark right in the center of my images on social media sites. I hate doing it, but hypocritical people like this force my hand.
AMA.
i couldn't figure out how to post under neath the questions…
but i want to say I understand this is awkward and i have no disrespect to photographers, i created a book with an amazing photographer 2 years ago… http://www.amazon.com/128-Beats-Per-Minute-Everything/dp/0789324288 (@shanemccauley)
I've built many relationships with great photographers and video directors and I take pride in my photography as we..
its awkward to discuss this online but i didn't crop out the photo on purpose.
my instagram is run some time by mgmt, we posted over 1000 pics on my IG an sometime they aren't credited.. some are just JPGS.. my instagram is not a credible source of information its more of a tumblr page ..
but when the photographer attacked me online ( this photographer ..he has my email .. he sent pics to me before)..
but to attack me online to create a lil buzz for himself.. its unprofessional. i could shave resolved it immediately but for him to call me names online , i just took it down, i didn't try and do anything maliocuos. i know about artists. at the end of the day i consider myself a visual artist first…u may not believe but thats how i started .. but when people tell me a pit photographer made me where i am today that just ridiculous. i have lots of photographers on payroll for shows .. live DJ photography is a lot different then a fine art fashion or digital editing in my opinion..
for people to tell me i owe him my career i could care less if you like me or not.. its obvious that u have made your mind up. .i didn't come here to be attacked i came to make music that i love. this side of it is not interesting to me at all. i t would shave been resolved quickly if he just contacted me directly, i don't know where most of these photos come from at this point , many times they are just google images with the watermarks already cut out!
at least 5 photographers u posted in this article have my contacts and i know them and have requested more work from them.. but not visual bass.. if anyone on this site would like to photograph our parties in toronto next year that would be nice too.. just don't go round calling us assholes it hurts our feelings..
& those of you posting that DJs are worthless.. i feel u.. but lets just be honest what more boring then photographing a DJ.. probably nothing.. maybe a plant?
but yes I'm proud of my job and my art i hope one day u check it out beyond this controversy
ok i figured out and answered a few..
i won't be checking this again sorry, I've had some family problems at home guys but thanks for the dialogue
It's good of you to come on here and engage with what I would think to be a pretty hostile audience.
The biggest issue I face as a live music photographer would be the exploitation of my work. Be it from internet randoms to major corporations to the artists themselves.
It's disheartening when you're presented a contract that says millionaire musician "X" will own your images "in perpetuity throughout the universe" or you can't shoot them.
So, when you're turning down 5 shows a month because of rights grabs, it hurts even worse to see your work used without permission anyway.
Which is probably why Toby felt the need to call you out publicly, and if it was all a misunderstanding. It's too bad that he handled it in a way that lost him some future work.
I'd be more than happy to photograph your parties next time you're in TO.
~ John
www.johnpapa.ca
sounds like the photographer shouldve been professional about it from the get go instead of throwing it on the internet.
but hey, everyone wants there 15 minutes of fame. look what this whole thing has done to that photographers reputation? lol
keep making beautiful music, diplo.
As a fan of Diplo I find it hard to believe he was aware of the photograph being used the way it was and I doubt he had the malicious intent a lot of people on here are saying he did.
I wonder how many of the people saying they,have met him and not liked him actually have???
To the people posting stuff like "who is he I haven't heard of him". Firstly there is a service you may want to look into called google its really quite amazing. Making out you have not heard of him as if thats any reflection on his standing is only showing a serious lack of current music knowledge on your part and devaluing what started out as a serious discussion on copyrights and uses of photography in the entertainment business.
As a photographer who has consistently had photographs he has taken of artist of almost every genre of music you can think of used by high profile media outlets over the last 5 years I am no stranger to these types of discussions. The way Visualbass handled this was anything but professional. I photographed Diplos music project Major Laser recently and they were both extremely accommodating of photographers and one of the most interesting and fun to shoot groups I have shot (and that's out if literally thousands over the years).
My main concerns from this while discussion are:
1- Will this whole discussion have a negative impact on restrictions etc for future shows
2- Will this leave a bad impression of music photographers in general with Diplo and other artists who see the 'comments' on here.
3. Do photographer who insist on shouting from the rooftops realise how much of a negative impression they leave.
4. How can Visualbass think they are somehow the possessors of the moral high ground when they are breaking THE GOLDEN RULE of music photography and making unlicensed merchandise- Diplos response was probably as much a result of seeing that
Questions for Diplo (as he invited questions)
1- Did you know about the unlicensed merchandise when you initially responded to the first tweet?
2- Will this and the resulting discussion alter the way photographs are used on your various social medias?
3- How do you/ your management go about selecting photographers? ( I figured that some discussion that's beneficial to those actually involved in photographing artists would take this discussion somewhere positive).
On a personal note thank you for not ignoring this issue, v.few artists would go any further than an initial PR written vague response and I hope you keep making such visually stimulating above average shows. There are a lot of hard working dedicated music photographers out there who would love to work with you.
Maybe some kind of promise to get management to seek permission to use photographs with relevant tags/ credits in the future would be a good resolution to this
I've accumulated a suitcase full of All-Access-Passes over the last 20 years and always had a very clear agreement on paper for: the work I was doing there, what my salary was, and any limitations BEFORE the event took place.
Also, concert business is pretty intense. There are many artists, fans, and managers high on adrenaline which will often last a few weeks. During and shortly after is not the time to rationalize spontaneous behaviour...
I never heard of Diplo before yesterday. But I imagine the guy didn't end up standing in front a huge crowds by being shy or moderated... strong personalities come with the package in the show business world. Pick the line of work that suits you best.
Oh... and DON'T WORK FOR FREE :-)
Peace out
hey diplo.
you are a great man. keep being sexy ;)
actually dont post that last comment. it won't do any good for anyone lol
About 'Run the World'.
No I won't. Lol. But I agree with you Visualbass should have just emailed you and asked for you to repost the photo correctly. At least that's what most of us would have done. It's not like your or your management's email is hard to find or anything.
I stopped reading at "I was able to go into the media pit and everywhere else but NOT BACK
STAGE, but I snuck back there anyways because I had a lot of friends
who are artists" - hard to make a claim to anything when you weren't supposed to be there in the first place...