Category Archives: free culture

How much should I charge for use of my photos?

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That’s a question that’s been tough for me, as it is for a lot of amateurs with decent cameras who occasionally get the chance to make a bit of money through their photography. So just to provide some points of reference, I’ll share a few of my experiences.

This is the first photo I made money from:

Education, a stained glass window at Yale created by Louis Comfort Tiffany

An editor from New Scientist contacted me through Wikipedia. (I had actually released it public domain, but they wanted to license it directly.) I had no idea what to ask, which I think I told them, and I think the $300 I got for it was their first offer to me. (Actually, when the wire transfer came through, it was only $275, minus an additional $10 bank fee.) It was used as a half-page illustration in the middle of the 19 July 2008 issue. Given that this was their first offer, it was probably toward the low end of what I could have gotten.

In 2009, made $100 from another public domain photo, of a painting of the Great Fire of London. Parthenon Entertainment contacted me through Wikimedia Commons, and I explained that, in the US, my photo wasn’t even eligible for copyright, but that I would license whatever rights I might or might not have in the photo for $250. They said limited budget was why they turned to Commons in the first place, and they could just offer $100. I said yes and counted myself lucky.

Also in 2009, I got $50 for a shot of a Loring peach from Macore, a company that makes plant tags and labels for nurseries. They would have used the CC license if I was okay with with a website only credit, but they didn’t want to put a credit on the actual plant tag they made with it.

“Austin Joseph”, perhaps

In 2010, I discovered using TinEye that an digital textbook company was using an image I took of a sign-holding protester from a health care reform town hall meeting for one of their videos, without following the license. I sent them an email asking them to release video under the appropriate license… or alternatively, I’d take $400 for permission to use the image. They took that option. Unfortunately, I don’t know who the young man in the photo is (and of course, have no model release form, although that shouldn’t be necessary for the types of editorial use in an educational context that they are using it for). An anonymous editor tagged it on Commons as “Austin Joseph”, but that’s not much help.

Later in 2010, the journal Science published a portrait I made of historian Steven Shapin in a review of his book, crediting the image as “SAGE ROSS / WIKIMEDIA COMMONS” but without mention of the license. Since they really ought to know better (and they are pay-walled, and subscriptions are very pricy), I explained in an email to the editors how they had neglected to use a free license and attached an unsolicited invoice for $2000. I never heard back.

In early 2012, after I sent an email to the Pittsburgh Zoo about some photos of their beautiful infant gorilla, they put many of them up on their blog, and then the photos spread to ZooBorns. Then, I got contacted by TODAY.com; I ended up asking for and getting $200 for the use of four shots on their (then new) Animal Tracks blog. (Tragically, the baby gorilla died a few months later.)

In March 2012, I got a cold email from Envision Communications, a political ad firm that had seen a Tea Party protest photo of mine on a random blog. (Incidentally, the blog credited me by name, but didn’t follow the license.) They wanted to use it in a campaign commercial they were producing (for a Democrat). I figured it was time to aim higher with my pricing (and hey, TV!) so I think I threw out $1000. They said their budget would allow more like $150, and I ultimately got $175 for it (for use in only one commercial). The producer said he’d let me know once it aired so I could see it, but that must have fallen off his radar during the hectic campaign season. (UPDATE: I pinged them, and it turns out the spot didn’t end up running.)

Open Reviews storyboards

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I’m taking the free Stanford Human-Computer Interaction course, and I thought I’d post the storyboards from the second assignment. We started with “point of view” that expresses a problem and an approach to solving it, then on to storyboards and design mockups. Mine:

In order to change the way we buy and consume things, user-generated reviews — and the systems for creating and using them — need to be free-as-in-freedom, controlled by the communities that make and use them (not by big corporations for their own ends).

My first storyboard: a free culture review site, from the perspective of someone like me

The second storyboard: A little bit of a broader perspective, on how I imagine a free culture review site could help small businesses

You can also see my mockups for two different user interfaces for this idea:

We’ll see if I can get through the later assignments and put together a functional prototype. Anyone want to help me do this for real?

 

“they didn’t belong to us at Pixar anymore”

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We picked up some Toy Story toys at a garage sale this weekend, which have become the center of Brighton’s life for the time being.

John Lasseter, director of Toy Story, has a great story about how, five days after the movie came out and audiences started falling in love with it, he

realized that Woody, Buzz Lightyear, all the Toy Story characters… they didn’t belong to us at Pixar anymore,

but to the people who had made those characters a part of their own lives.

Of course, the lawyers at Pixar will tell you a very different story.

Where Good Ideas Come From

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I just finished Steven Johnson’s Where Good Ideas Come From: The Natural History of Innovation.  It’s great read; I went straight through in one sitting, en-route to San Francisco.

At the start, Johnson sketches out his ambitions for a “natural history of innovation” by looking at three different kinds of environments that have been extremely conducive to innovation: coral reefs and their enormous biodiversity; cities and the rich cultural and subcultural diversity they generate; and the Internet, the key generative platform that underlies so many of the most celebrated innovations of recent years.  Patterns of innovation are fractal, he says, with recurring features to be found for ecological and macroevolutionary innovation, microevolutionary innovation, the physiology of innovation (that is, the neuroscience of how ideas come about), habits and lifestyles that foster innovation, innovation-friendly work environments, and social and political structures that promote widespread innovation.  So Johnson takes a “long zoom” approach, using examples from every level of zoom–but primarily, the stories of particular scientific and technological developments–to identify seven patterns that are part of innovative environments.

Johnson also makes clear at the outset his overall conclusion, which will be familiar to anyone involved with the free culture movement: “we are often better served by connecting ideas than we are by protecting them.”

The seven chapters on Johnson’s seven innovation concepts are fun and interesting.  I won’t go into detail; I’ll just say that each of them—the adjacent possible, liquid networks, the slow hunch, serendipity, error (as a goad to try new things), exaptation, and platforms (upon which further innovation can be built)—is a useful tool for thinking about innovation.  Johnson doesn’t convince me that this is any sort of natural or complete set of concepts for understanding innovative environments, but I don’t think he really tries to (despite the definitive subtitle: The Natural History of Innovation).  Others attempting a similar analysis of innovation would no doubt frame it in terms of different concepts.  Nevertheless, Johnson’s chosen concepts are satisfying and he puts them to good use.

It’s the concluding chapter that leaves me frustrated.  Here, Johnson tries to generalize about innovative environments using a framework from Yochai Benkler’s The Wealth of Networks.  He plots four “quadrants” where innovation might take place: market-focused individual environments (the entrepreneur inventor working alone), market-focused network environments (the group of firms or individual entrepreneurs sharing ideas and collaborating), non-market individual environments (the amateur inventor, the cloistered academic), and non-market network environments (the academic community, amateur open-source projects).  He categorizes two hundred “good ideas” (with no defined criteria for how they were selected) according to these four quadrants, and concludes that markets (with their intellectual property regimes that produce artificial scarcity for ideas) are not the ideal drivers of innovation they are often characterized as.

I agree with the conclusion itself, but I don’t think Benkler’s framework is a particularly useful way to categorize innovation here.  As Johnson notes, ideas happen at the level of individuals (with an enormous role, of course, for their environments).  A market/non-market dichotomy obscures the more fundamental issue of the motivation of individual innovators.  Taking an historical view, the political economy of science and technology has shifted dramatically from the Renaissance (where Johnson begins his catalog of innovations) through the Enlightenment and the Industrial Era into the century of Big Science.  Simply plotting the major innovations coming from each quadrant doesn’t account for the changing number of people trying to innovate in different types of environments.  And even within a given environment (say, the patronage scene in 17th century Italy, an Eastman Kodak R&D lab in the mid-twentieth century, or an academic molecular biology lab in the 1990s), the mix of market and non-market motivations for a given researcher doesn’t sort out neatly according to private sector vs. public sector.

Conspicuously absent from the bibliography is Steven Shapin’s brilliant The Scientific Life: A Moral History of a Late Modern Vocation, which has shaped a lot of my thinking about environments for innovation and the relationship between markets and professional research.  I’d love to see a discussion between Shapin and Johnson; their ideas, in Johnson’s words, “want to connect, fuse, recombine.”

a good day for free culture in the mail

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I got a trio of nice packages in the mail today, from Automattic, the Wikimedia Foundation, and the Electronic Frontier Foundation.

Matt Mullenweg sent me a lovely “code is poetry” WordPress t-shirt, along with some nice stickers, pencils, and a certificate that I’m one of the “Three Most Important People in WordPress“.  Thanks, Matt!  GPL FTW!!

I got a letter and a physical barnstar thanking me for contributing to the Wikimedia Strategic Planning process last year.

And I got my membership package from the Electronic Frontier Foundation, with a t-shirt and a sticker.

Plagiarism and authorship

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From a New York Times article, “Plagiarism Lines Blur for Students in Digital Age“:

…these cases — typical ones, according to writing tutors and officials responsible for discipline at the three schools who described the plagiarism — suggest that many students simply do not grasp that using words they did not write is a serious misdeed.

It is a disconnect that is growing in the Internet age as concepts of intellectual property, copyright and originality are under assault in the unbridled exchange of online information, say educators who study plagiarism.

Digital technology makes copying and pasting easy, of course. But that is the least of it. The Internet may also be redefining how students — who came of age with music file-sharing, Wikipedia and Web-linking — understand the concept of authorship and the singularity of any text or image.

Remixing, building on the work of others, collaborating (often anonymously), challenging the very premise of intellectual property… these are all happening.  And yes, the web makes plagiarism easier than ever to conduct (and to discover).  But is student plagiarism really coupled with changing conceptions of authorship?

I haven’t seen much evidence of that.  In the NYT article, I see instead people using plagiarism to attack values and ideas they don’t like.  For example, anthropologist Susan D. Blum, author of My Word!: Plagiarism and College Culture:

She contends that undergraduates are less interested in cultivating a unique and authentic identity — as their 1960s counterparts were — than in trying on many different personas, which the Web enables with social networking.

“If you are not so worried about presenting yourself as absolutely unique, then it’s O.K. if you say other people’s words, it’s O.K. if you say things you don’t believe, it’s O.K. if you write papers you couldn’t care less about because they accomplish the task, which is turning something in and getting a grade,” Ms. Blum said, voicing student attitudes. “And it’s O.K. if you put words out there without getting any credit.”

So plagiarism is a way to cast changing concepts of authorship and originality (and the politics of free culture that go with that) as moral failings.

Wikimania 2010

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Free Knowledge in the City of Freedom. Staying out until dawn was not uncommon.

I am writing wrote this on the plane back from my first Wikimania. Wow! An amazing experience!

First off, I couldn’t have written my ROFLCon blog post if I had been to Wikimania already. What is true of the social dynamic of Wikipedia meetups for (mainly) the English Wikipedia community–that we tend to be on the introverted side, and it takes a while for people to open up–doesn’t translate to the international scope and scale of Wikimania. Wikimedians there were warm and friendly from the get-go. Maybe it takes a critical mass of sociality before introverts start to open up, rather than merely time. So bigger is better.

Organizationally, things were modestly chaotic. For the most part this was fine. The one real fail was that many attendees were unexpectedly kicked out of their dorms early, and I heard that a group of them ended up spending one night in a public park.

It’s really a shame that Wikimania hasn’t been held in North America since Wikimania 2005 in Boston. That was before the real upswing of Wikipedia’s popularity, and the majority of active American and Canadian Wikimedians have never had a chance since they joined to attend a nearby Wikimania.

Filmakers Scott Glosserman and Nic Hill with Jimmy Wales

One of the highlights of the conference was the premiere of Truth in Numbers?, a documentary about Wikipedia that’s been about 5 years in the making. It’ll be released publicly later this year. Reactions from Wikipedians were mixed and complicated, although during the screening itself it felt like a very positive reaction. The film gives a lot of focus to some shallow or misleading lines of criticism, and on an intellectual level, it comes off as largely anti-Wikipedia, contrasting the reasonable-sounding arguments of mature critics with the naive optimism of youthful Wikipedians. (For the most part, the critics’ arguments are easily answered, but the counter-arguments are a little more sophisticated than what can be explained well in a documentary aimed at an audience with little Wikipedia background.) Emotionally, though, I felt that Wikipedia–or rather, the Wikipedians–win in a landslide.

The Truth in Numbers? filmmakers also plan on releasing all the used and unused footage–full interviews with Wikipedians from around the world as well as important critics and supporters–so that others can re-edit and re-purpose it. There are many stories that could have been told in Truth in Numbers? I think the film is emotionally satisfying and it’s strong by the standards of the documentary genre.  Comparing it with other documentaries about weird communities, it’s far better than, say, Revolution OS, but not quite to the level Darkon or Spellbound.  I’m excited to see what else might come of it. A film intended to tell the history of Wikipedia would be quite different, and a film about the politics and values and philosophy of the Wikimedia movement would be different yet again. Hopefully the licensing of the extra footage will be free enough that the Wikimedia community can actually use it.

It was so great meeting many of the people I’ve known only online.  Really, Wikimedians are the awesome-est people in the world.  A whole year is too long until Wikimania 2011 in Haifa, Israel.  Hopefully I’ll be able to make it to Wiki-Conference New York in August to hold me over; last year’s was great, and this year’s should be even better.

Open Space discussion on Strategy

I took a few pictures, which seem to have been well received.  They’re all on Wikimedia Commons, too, along with 1000 others.  As a default, I didn’t add names for anyone but Wikimedia board and staff, since many Wikimedians may not like having named pics publicly available.  But let me know and I’ll add your name to your pic, if you like.

silly videos and obscure post-structuralist terms

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Evgeny Morozov has a new review of Jaron Lanier’s You Are Not a Gadget, and he spends a fair bit talking about Wikipedia, the touchstone for how the Internet is changing culture.  (Wikipedia researcher Ed Chi offered to review it for the Signpost, but Knopf publicity has so far ignored my every attempt to request a review copy.)  As I understand it, the book is in part an extension of Lanier’s Wikipedia-centered 2006 essay “Digital Maoism: The Hazards of the New Online Collectivism“.  I haven’t read the book, but I trust Morozov’s assessment.  His central point is this:

Technology has penetrated our lives so deeply and so quickly that the only way to make sense of what is happening today requires not only drinking from the anecdotal fire hose that is Twitter, but also being able to contextualise these anecdotes in broader social, historical and cultural settings. But that’s not the kind of analysis that is spitting out of Silicon Valley blogs.

So who should be doing all of this thinking? Unfortunately, Lanier only tells us who should not be doing it: “Technology criticism should not be left to the Luddites”. Statements like this establish Lanier’s own bona fides – as a Silicon Valley maverick unafraid to confront the cyber-utopian establishment from the inside – but they fail to articulate any kind of vision for how to improve our way of discussing technology and its increasingly massive impact on society.

Morozov says that our understanding of the legal dimensions of the Internet have been elucidated by the likes of Zittrain, Lessig and Benkler.  But humanist and social scientists, he says, have let us down in their duty to explore the cultural dimensions of the rise of the networked society, by either ignoring it or relying “obscure post-structuralist terms” that occlude whatever insights they might or might not have.

The overall point, that the academy hasn’t done enough to make itself relevant to ongoing techno-cultural changes, is right on target.  But I think Morozov’s glib dismissal of work in media studies, sociology, anthropology, etc., is unfair to both the main ideas of post-structuralism and the writing skills of the better scholars who do work on technology and culture (Henry Jenkins and Jason Mittell come to mind, but I’m sure there are plenty of others).  Lanier’s epithet of “digital Maoism” is crude red-baiting; I’m not sure whether Morozov’s jargon jibe is red-baiting (post-structuralism being the province of the so-called academic left), he genuinely doesn’t think much of how humanists have analyzed the Internet, or he is just being contrary.

Post-structuralism is complicated (and I don’t pretend to be an expert) but what’s relevant in this context, I think, is (as the Wikipedia article obtusely puts it) the idea of “the signifier and signified as inseparable but not united; meaning itself inheres to the play of difference.”  Put another way, culture (that is, a work of culture) is valuable in whatever ways culture (that is, a culture, a group of people) values it; what matters is not the work itself (and its inherent or intended meaning) but the relationship between a work an its audience.  Related to this is a value judgment about what kinds of culture are better or more worthy of attention: “writerly” works that leave more opportunity for an audience to create its own meanings vs. “readerly” works that are less flexible and open to reinterpretation.  The relevance of these ideas for the Internet’s effects on culture should be obvious: audiences now have ways collaborating in the creation of new meanings and the reinterpretation of cultural works, and can often interact not only with authors work, but with the authors themselves (thereby influencing later works).

So when Lanier sneers at ‘silly videos’ and Morozov complains that Lessig doesn’t address “whether the shift to the remix culture as a primary form of cultural production would be good for society”, I can’t help but see it as the crux of a straw man argument.  You would have us give up our current system that creates such wonderful culture (left helpfully unspecified, since there’s no accounting for taste) in exchange for remixed YouTube tripe? But humanists are starting to place more value in the capital intensive products of the culture industry precisely because of the way that audiences can remix them and reuse them and create meanings from them.

How freely licensed photos generally get used (a sequel)

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Last year, I blogged about how freely licensed photos are used and misused across the web.  Figuring out how my photos are being used (as long as I’m being credited by name) is much easier now with the Google search options (rolled out in May 2009 and with more options added just this month), which let you limit search results to newly indexed pages.

I have over 3500 CC BY-SA photos on Flickr (including lots of family photos, abstract shots, and other stuff unlikely to be reused) and probably around 1000 original photos on Wikimedia Commons, generally available under both GFDL and CC BY-SA (and a good portion of which are not duplicated on Flickr).  At this point there is a fairly steady stream of reuse, most of which I’m not directly aware of (except when I go looking, like now).  I estimate that my ~4000 photos are put to new uses at  rate about 15-20 times per week.  Let’s see what types of uses my photos have been put to recently.

Searches (limited to results first indexed within the last week) for “ragesoss” and “Sage Ross” ought to turn up nearly all of the new cases where I’m being credited for photos.

As before, the most active user of my photos is World News Network (wn.com), a set of algorithmically-generated sites that are titled like local or special interest newspapers but basically just link to offsite news stories, add free photos, and run ads against the photos and headlines.  For example, this story about pesticides in peaches links to the actual story from The Oklahoman but adds my picture of peaches.  The credit reads “(photo: GFDL / Sage Ross)”.  Although I think a link back to the source or my Commons userpage (which is where the attribution link at Commons points) is appropriate, it probably doesn’t violate the letter of the license (which is already stretched thin when applied to photos and other things very dissimilar from software manuals).  In another example, they use a CC license instead of the GFDL for my photo of coffee beans.  In this case, the credit reads “(photo: Creative Commons / Ragesoss)”, with no link to the specific license or the source.  This violates both the spirit and the letter of the CC BY-SA license.  World News Network has used my photos hundreds, maybe thousands of times, and I’m sure many other photos from Commons by other Wikimedians are being systematically (mis)used similarly.

Another common type of usage is from the many sites that are trying to monetize user-generated content and share the ad revenue between writer and website owner.  In these cases, it’s the individual writers who are responsible for obtaining photos (and rights thereto), so compliance with free licenses varies widely.  I found my photos on articles from suite101.com and hubpages.com.  The suite101 article, “Free Instructions on How to Make an Apple Pie“, uses a series of photos I took while my sister was making pie.  All the photos but one are credited to me and link back to the source on Commons, although no license info is indicated at suite101; this violates the letter, but not the spirit, of the CC licenses.  Oddly, the lead apple pie image is misattributed and links to an entirely different pie photo from a quasi-free stock photography site; the writer probably used that image first but then replaced it when she found my photos.  At HubPages, the article “Health Insurance Rescission and How To Fight It” uses my photo but merely credits it as “Photo by ragesoss” with no link or license information.  AssociatedContent is another site like that where my photos show up frequently; they seem to be better than most at following the provisions of free licenses.

Blogs use my images somewhat less frequently.  Recent uses include this entry in the Utne Reader “Science and Technology” blog (which does a great job with the credit line, linking to both source image and the specific CC license) and this one from the Choices Campus Blog (which has the mediocre credit line “Photo Credit: ragesoss at Flickr.com” with no link).

A final significant category of uses is in articles from professional news and content sites.  Overall, these sites are somewhat more likely to use freely licensed images properly, but sloppy or improper uses are still common in my experience.  The only recent credit I found is from the CNBC story “GE, Comcast Continue Talks Over NBC Stake“.  The unlinked credit line simply reads “Photo: Ragesoss”, but the photo is one of my few early photos on Commons that I released as public domain rather than a copyleft license.  So CNBC doesn’t have any legal obligation to give a more precise photo credit (or even to credit me at all), although if only for the sake of journalistic integrity they probably ought to do better.

Conclusion: People use freely licensed photos liberally from Flick and Wikimedia Commons, but there isn’t much indication that most reusers understand what the licenses mean or what they require from reusers.  The free culture movement has a long way to go; cultural change is a lot slower than license adoption.

On a tangent, it’d be nice if Wikimedia Commons was equipped with something like refbacks combined with image recognition to automatically discover and collect web pages that are reusing Commons media.  I think I’ll make a proposal on the Wikimedia Strategy Wiki when I get a chance.

Wikipedia and Olympics Committee heading for collision?

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CC-BY-SA photo of Usain Bolt, by Richard Giles

CC-BY-SA photo of Usain Bolt, by Richard Giles

It looks like Wikipedia is  actually at the center of the recent copyright kerfluffle of the photographer (Richard Giles) who got a legal threat from the International Olympics Committee (IOC) over licensing his images from the Beijing Olympics under Creative Commons licenses.  Giles explains the situation on his blog:

It turns out that my Usain Bolt photo was being used by a book shop in the UK to advertise the launch of the Guinness Book of Records 2010. This was being done without my knowledge, and as they pointed out, in breach of the license granted on the Olympic ticket.

That photo was the only one of 293 in the set on Flickr that was licensed with a ShareAlike license (allowing commercial use) rather than a non-commercial license, and Giles had relicensed that particular photo at the request of another Flickrite so that it could be uploaded to Wikimedia Commons and used on Wikipedia.  And Wikipedia is probably where that UK merchant found it and, assuming the license to be legitimate, used it (so it would seem) under the terms of the free license.

Giles reports that it looks like the IOC really just objects to licensing that allows commercial use.   Depending on what the IOC says in response to his request for clarification, Giles may be changing the license on that Usain Bolt photo and asking the UK merchant to stop using it.

What happens now?  By buying a ticket to the Olympics, Giles’ appears to have (implicitly at least) agreed to terms and conditions that say he won’t use photos from the games except for private purposes.  But he does own the copyright to the Bolt photo, and therefore ought to (except for those terms and conditions) be able to license it however he likes.  Will the fine print of an Olympics ticket be strong enough to force Wikimedia (which agreed to no terms and conditions) to stop using the photo and offering it to other downstream users?