The state of the pro-photo industry at 2007.5

Based on what I saw at the Microsoft Pro-Photo Summit earlier this month, the industry as a whole is healthy. But based on what I heard there, don’t assume that your rights-managed business model will survive into the next decade. Also don’t assume that the copyright laws as we know them will stay intact are much longer.

Also, don’t assume that the pro-photo trade associations will come to your aid as new business models, which aren’t in the photographer’s best interest, evolve. John Harrington's blog has a long post on one. Here's a snippet:

. . .in a meeting of the top editors and money people at Sports Illustrated, one of the money guys stood up and said to the otherwise less than vocal photo department folks "...do we really need a staff? When we're getting images like this {holding up a US Presswire image} do we really need a staff?"

The “Catch Me If You Can” business models based on infringements of your work in Web 2.0 continue to grow, especially since none of the pro-photo trade associations have done a thing to slow its growth or confront it. But the music, and now the writer’s, trade associations continue to lobby, produce income streams and advocate for their members.

If you are interested in how one trade association advocates for its members, check out this new WIRED Magazine essay about some issues the writers in Hollywood are having:

. . .Like the music industry, they've been too busy fighting piracy and filing lawsuits to figure out a business plan. "They say, ‘We can't predict the future, so let's stick with the old model,'"

. . . It's not hopeless. For TV writers, anyway. Online sites like YouTube track viewers with precision — even better than Nielsen. But to turn numbers into money, they'll need to steal a trick from Google. Most Internet content comes with ads . . . writers and networks could share online ad dollars.

That last line could have just as easily been: photographers and publishers could share online dollars.

When I discussed the fact that the trade associations were doing nothing about these copyright infringements nor were they working to develop new income streams, a president of a trade association recently gave me one of those: “I don't know what can we possibly do about this” replies.

When I later mentioned that we needed to redo pro-photo education, as I describe here and here, I was given the not-quite-accurate lines that they couldn’t because of restraint of trade and it didn’t work the last time they tried it so why do it again? Except that this time maybe they could do it correctly.

This industry needs major change in how it charges and educates. If the trade associations don’t recognize it, we will perpetuate the conditions of people complaining about low-balling. Take a look at this thread at APA’s forum.

It’s great that Microsoft went the extra mile to bring some industry leaders together to network and discuss issues at their Pro-Photo Summit. Maybe it’s time for just the pro-photo trade associations to get together, consult with some outside help to redefine their educational programs and their business models. Without objective outside help, they just can't seem to get out of their box.

You know that quote attributed to Albert Einstein: Insanity is defined by doing the same thing over and over again and expecting different results.

Let’s break out of this cycle.

And now for some comic relief:

Virgin Mobile apparently used some Flickr photos with Creative Commons licenses for billboards, newspaper ads and a web site. There was one minor problem. There were no model releases and an under-age person's photo was used in one ad. The details are at: Flickr Is Going To Cost Virgin Mobile Millions Of Dollars

Here are Creative Common's thoughts on the matter,
PDN's commentary
and one of the photographer's thoughts on the matter:

I've been contacted by a couple of people who are interested in how I feel regarding the photo's use. That's pretty easy - I'm completely stoked that they're using a photo I took. It's not like I'm a professional photographer, so to see my photo being used in an advertising campaign is pretty cool.

The trade associations should be publicizing this nightmare scenario to anyone using micro or free stock.