Give Credit Where Credit is Due !

 

 
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For some reason one recent Tampa Bay advertisement just doesn’t seem to have a right or clear cut answer for itself. For what ever side of the AL East fence you lay your loyalties, no matter how you seem to slice it, dice it or julienne the argument, this one isn’t going to be that simple. For whichever direction your common sense take you in the departure of Carl Crawford from Tampa Bay, somehow the whole ball of wax just seems to ultimately come back full circle again and again with no clear compromise.

The swirling bi-polar gambit of emotions seem to be taking me from the highs of adulation to the brink of suddenly swirling down through the circling drain towards an ebb tide of constantly churning polar opinions that makes you dizzy by wanting to simultaneously applaud and bang your hands in utter frustration at the same time. Two great minds of thought both good and evil somehow occupying the same brain matter without a sign of mental implosion……yet.

When the idea of a Crawford “TY” note was first mentioned a few weeks ago, the idea in the local fish wrap to give homage to Crawford, it had great merit. I can say I stood behind it 100 % when it was first introduced by a certain Tampa Bay Rays website. The idea was to celebrate the career of Crawford with a hearty send off of “Thank You” from website sponsors and accrued donations sent in to purchase a full page advertisement.
What bothers me here after the scandalous decision of Crawford to go to our bitter rivals, the Boston Red Sox is the fact this one Rays based website took reader donations and contributions to place this ad in the Tampa Bay Times (TBT) Friday publication, then made sure to add their own special footprint to the whole adventure on a Getty Images photo without giving proper credit to the initial photographer.
I used to also do this all the time, but since January 2009 after reading a response by Ted Fleming, a devoted journalist and Rays fan who writes on Examiner.com. Fleming wrote a great comment about photo credits and copyright infringements, and I decided at that moment to always try and add a simple photographers’ credit to all photos not taken directly by me. How many people outside of the Getty Images photo corps know that photographer Dillip Vishwanat took this photo on July 13, 2009? I guess a few more know now.
Here is something Flemming also referenced from from Mark A. Fisher who wrote an article called “Copyright in the Digital Age“. Fisher states the following with photo copyrights/ fair use:
American copyright law has long offered the copyright-infringement defense of “fair use”. One problem with fair use is that it is a defense against infringement, not a right. Additionally, it has been duly noted that outlets such as the Associated Press, Getty and others have copyright ownership for everything that is distributed by them in print and/or photos.

When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be
considered fair nor advise on possible copyright violations“.
There is a gray area there that is being more and more define and being transformed into plain black and white every day by the large photo agencies, like Getty Images and AP. I guess more than a few of us have tried to right-click a photo during the 2010 MLB season from AP and found out quickly that they were not able to save the photo to their hard drive. It is their photo, they paid its creator for the priviledge to isolate that photo to their customers, and for you to not duplicate or reproduce without permission.
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Since I began to take my own Rays game day and events (concerts) photos I have a new found level of respect for the guys in the MLB camera wells. I am not trying to condemn the rival Rays website, just trying to nudge them a bit and hopefully enlighten them (and others) to the plain fact that the photographer should get that recognition for their great work. If a Rays fan takes a great shot, I make sure to give them a photo credit…It just seems right.
I know this Rays website took one on the chin today after Drew Fairservice over at Walkoff Walk toasted them a nice shade of caramel with:
Maybe, just maybe, if you squint your eyes just cynically enough, this looks like it might be more about DRB than Carl Crawford“.
I do see a glint of self promotion here or the ad might never have gotten off the ground. But did you have to make it so blatantly obvious to even someone without a pair of bi-focal lenses that you paid for the ad. I might have been inclined to throw the words “Rays Republic” up there, or possibly just a “Thank You” on the green facade of the outfield wall.
Most of all, I would have been sure to have somehow personally made or photo shopped the name of Vishwanat and Getty Images NA somewhere on that ad, or below the picture to just throw props to the guy who captured the amazing photo.

By the way, I made sure to give a photo credit on the same Carl Crawford’s original All Star game photo back in 2009. They say a picture is worth a thousand words. Well today, a photo credit would have kept me from writing my own thousand words. I stand up and applaud the intent, then shake my finger at the conclusion. Please everyone, give credit where credit is due…..That gets you the respect of everyone.

 

 

 

10 Comments

I agree ‘credit where credit is due’
big problem today is with search engine images producing the same image in so many locations there are times when it’s tough to decide who is the originator, this however was a blatant attempt to capture credits for something especially when they didn’t really pay for the ad either as it was from donations….

good call exposing them

-peter
(philliesoutside)
http://devilabrit.mlblogs.com

Peter,
I understand that sometimes there is not a photogrpaher credited to the photo. In that case, you do not have to credit them since it might be from an ambigious origin.
The media is always screaming that we “borrow” their photos without paying fees or even acknowledging the photog’s exsistence. Im just want credit where credit is due…when possible. That might keep the legal hounds at bay who want to eliminate any type of free photo sharing in the future.
This doesn’t make DRB bad people, it was just an oversight that needs to be addressed in the future.

Rays Renegade

http://raysrenegade.mlblogs.com

AHHHH SNAP! Dude, you should get licensed as a private investigator! If for nothing else, you get a cool hat and a dark office ;-)
–Jeff
http://redstatebluestate.mlblogs.com/

Thanks for this reminder! I’ve been inconsistent in crediting photographers for their shots lately, and I think it helps to remember that the photographs we use in our posts don’t just appear out of nowhere.
As for the Carl Crawford trade to Boston, I’m sorry for your loss. It’s nice to see that the community of Rays fans are still supporting him!

This is an excellent reminder. I’ve run into this at several jobs too, when the employer finds a great image that would be perfect for the next marketing piece and doesn’t think about the steps that need to be built into the timeline in order to use that image appropriately. And in these cases where the image is being used by a company potentially for financial gain, it goes beyond credit, the artist needs to give permission and paid. Fortunately my current company is a lot more savvy in this regard, because I hate telling a big exec no, but it’s not like it would be the first time, LOL.
As a side note though, it was a really of DRaysBay to give Carl Crawford a nice, classy send off. I have never heard of such thing before when the reason for leaving wasn’t retirement but I sure wish I had!
-Kristen
http://blithescribe.mlblogs.com/

Jeff,
Got to tell you I did have a dream I was going o be a CIA spook one day, but reality happened. I have thought about being a private investigator, and I could always find a fedora somewhere.
But then I would miss out on all this fun…

Rays Renegade

http://raysrenegade.mlblogs.com

Westcoast,
I remember a JBlog that Mark Newman(Our MLBlogs.com Professor and MLB.com writer) did a few years ago sout this same subject. We are not credentialed MLB writers, but if we show responsibility and respect for things like photo credits…Some one could take notice.
You never know. Something as small as a photo credit could get one of us on MLBlogs.com that big break to possibly write for a living.

Rays Renegade

http://raysrenegade.mlblogs.com

Blithe,
I think the DRB guys had a great idea before Crawford decided to stay within the division, but after he decided to go to Boston, the ad should of been on hold.
At that point Crawford should have done a 1 page ad thanking us, the Rays fans, not vice versa.
Crawford still has not done aything to thank the Rays fans base…But Carlos Pena is putting a 1-page ad in the TBT publication this morning. Los showed his props to a locale that gave him a chance durinf a rehabilitation of his MLB career.

Rays Renegade

http://raysrenegade.mlblogs.com

With all due respect, there are NO grey areas when it comes to photo when it is the property of the photographer and outlet that distributes it. Newspapers (like the SP Times, Tampa Tribune, etc.) and online entities (such as ESPN, Sportsline and others) PAY distributors such as AP or Getty for rights to use them. Whether you give photo “credit” or not, using a photograph without expressed permission from those distributors is outright stealing.

The Examiner, which was referenced above, allows it’s writers to draw from a select number of AP photos (they may have an agreement with Getty as well) to use in conjunction with a story/column. I frequently drew on that ability because they paid rights fees. However, let me go one step further.

I am not just a writer but a professional photographer and I used my own photos (giving myself photo credit of course) with my copy. I have spent a lot of money obtaining equipment that has allowed me to shoot some of the biggest events in the area (hockey, auto racing, basketball, etc.). My photos have appeared in numerous publications (online and print) including the PGA Tour and the Huffington Post. As copyright owner of those photos, I granted permission to those outlets ONLY, not to be copied for use elsewhere or hotlinked to a blog.

For anyone to use my photos without MY permission is stealing from me. Are those people paying me for my time? My expenses? My equipment? The answer is no and each time you or someone else uses a copyrighted/trademarked photo with out paying for the privilege or have expressed permission it is theft.
In addition, because a specific AP or Getty photo is doctored doesn’t change the fact the photo belongs to someone. Furthermore, for those who think photos that show up on Google or some other engine, ask yourself this: Do you honestly think some Joe Average Fan took that great catch photo from Row ZZ and posted it on the net for anyone to use? Hardly.

As I do not write for this blog, there is no way for me to know what their use of copyright or trademark material is. Frankly, I would think someone would have asked that question a long time ago.
Ted Fleming

Ted,
Thank you for bringing that up from the “professional” side of the equation. I am glad I did not mis-quote you or take your context too out of bounds.
I am glad you brought up the fact of “doctoring” photos. That was my main problem with the DRB ad along with the fact Mr. Vishwanat did not even get a courtesy thank you himself in the bottom portion of the ad.
I think everyone will look at this post and your comment and think harder in the near future.
That is one of the reason I have begun to take photos myself. I understand both side of the story and with my photos, I can hopefully eliminate my oen future need or desire to “Beg, borrow or steal” another photo”
Thank You Ted.

Rays Renegade

http://raysrenegade.mlblogs.com

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