Recently, a case where a photographer donated a huge cache of images to the library of congress to become public domain has come to haunt Getty Images. 

Carol M Highsmith is currently suing Getty Images for US$ 1 billion dollars in damages. After she was sued by Getty Images for copyright infringement over her own photos that she donated to the US Library of Congress. In her gift, those photos has become royalty free but Getty Images thought they could misappropriate it and sue her instead. 

This is not the first time such public domain images are being used by Getty in licensing suits. A number of royalty free images from the Library of Congress has ended up in Getty's own coffers and you can actually buy them. 

This has made photographers world wide very incensed at the thought that Getty and Alamy prefer to sell public domain pictures and keep 100 percent of the profits. 

This isn't a bad business model. Take something for free and sue the pants out of people who use them. 

In the world today, are are millions of images being captured digitally every day of week. Many will end up in stock image libraries like Getty and Alamy which will never be sold because too few buyers are turning to them. 

The race to the bottom to sell bulk digital images with subscriptions has decimated the worth of digital photos and yet, Alamy and Getty prefer to list public domain pictures as a way to sell even more picture albeit scalping a clean profit for themselves. 

Such brazen thievery is no different than the many who steal photos off the Internet for commercial use. 

But that's not all, lately Getty has decided to kill its photojournalism department by declaring it doesn't want to keep photographers engaged in reportage work will no longer be getting further assignments from them. 

Reportage work was the bread and butter of photojournalism in its heyday, Today, photojournalism assignments are farmed out to anyone willing to work for beer money. 

I have images listed on Getty and it and not seen a single licensing sale from them, giving me reason to suspect they are more interested to selling photos where they make a bigger profit than those who are listed as royalty free on their library. 

But the rush to the bottom by royalty free image agencies are making the business more and more difficult to justify. 

We all know that you can buy an image for a song on some of these sites and it is a sign of desperation for photographers who want their work purchased. 

Getty has been in hot soup lately, making several of such misappropriations from photographers and later suing them for copyright infringement only to be counter sued by the photographer and copyright owner instead. 

Getty Fights Lawsuit Update

In the ongoing litigation between Getty and Carol Highsmith, the image agency has told the court that Carol's images in public domain is free and cannot be infringed so their argument is that Carol cannot sue them for copyright infringement since no protection exist for them. 

For charging people for public domain pictures, Getty had this to add. 

“Public domain works are routinely commercialized,” writes Getty. “Publishers charge money for their copies of Dickens novels and Shakespeare plays, etc.” That, claims Getty, is what they’re doing with Highsmith’s work, and it’s totally legal. 

So what they are saying is that you should never put ANY images up into public domain because Getty has the right to misappropriate it and sell them online for a fee. 

Told you this can't end well. 

After its rebranding exercise, 500px was suddenly in hot soup after it announced that it is going into China with 500px.me as part of their expansion drive. 

What CEO Andy Yang didn't know was he had opened a door to a hornet's nest. 

As Andy pointed out in the Series B Funding scheme, Visual China Group which poured in the money expects 500px to be live in China. So when 500px started a Beta site to test out the system by mirroring the same content in China as well as their global site, photographers went on a rant to say that they didn't give their permission to go live in China. This is of course utterly stupid since 500px is not blocked in China after checking. 

China a Country for Pirates?

The only reason why photographers feel insecure is that they fear their photos would be stolen. I find this highly amusing as for some reason, photographers do not know that their most precious works are regularly stolen in the western world as well as sites like 500px are not responsible for the content you put up. 

For example, if you have a large screen computer like the iMac, you can take a high resolution snapshot of the screen and it will be saved in TIFF. The snapshot file can then be extrapolated to a larger image when you have the right software. 

To think that by displaying your images on 500px.com versus 500px.me is safer is pure hilarity. 

True. China has as bad rap for stealing anything but if their beef is with China Vision Group, the investor of 500px, then you probably have it coming. First, 500px has already given away your images as free backdrops on Chromecast. You don't get a cent if you get featured. 

China Vision Group is a content company, now owned by Alibaba.com. 

The deal is no different than 500px giving Google a free ride on Chromecast. 

500px.me will remain in Beta?

Probably not after Andy pulled the plug as he was trashed in social media for not seeking permission. 

To me, all this hullabaloo is pointless for the following reasons. 

• 500px.me is meant to be a Chinese centric site, 500px can still go ahead without the .me prefix and have a dual language login for Chinese users. This means the Chinese site will be a CDN site hosted in China. 

• 500px is not a well known source for royalty free imaging since their pricing is much higher and the stock image market is going on a downward spiral. It makes no sense to think you can earn less by not allowing the Chinese to view your images. 

• TTIP and TPPA makes no mention that your images would be protected under their copyright terms. What is protected are Music and Movies, not to mention TV content as well. Again, to think that you will have more copyright protection with these trade pacts is pure fantasy. 

Having to get your permission for 500px to use your images in China is just another layer that does nothing for you as a photographer or your earnings. If you are serious about not having your images stolen, then don't display them on any social site. 

It makes no sense to do so if you know technology well enough to conduct image theft. 

WTF? No one told me I would appear in a Playboy ad!

This is a post of something I wrote on my other photography blog which is intended for a mobile audience. For those of you who have heard, there are some individuals who shoot stock and earn over US$100,000 a year. If you want to get to that bracket, then you gotta know what sells and what doesn't sell on stock image libraries.

Stuff that Sells

For the most part, the demand comes from the corporate sector where they had enough of paying for rights managed photos, a royalty free option is preferred and yes, you need models in the picture and we are not talking toy airplanes here.

The Hot Stuff that every Stock Agency is looking for are:-

Model Released people doing things. So, rather than just standing there, we want people out walking (not a dot on the landscape), shopping, using technology, celebrating, engaging, all the everyday activities we enjoy, in fact.

Story Telling Themes that Sell:-

Concepts, with and without people. Such as – Adventure, Balance, Connection, Discovery, Escapism, Fragility, Growth, Hope, Idyllic, Journey, Loyalty, Motion, New Life, Persistence, Real People, Sharing, Teamwork and Young at Heart.

There are caveats to this list and besides the property and model releases you are expected to furnish, you also need to avoid the following in all your pictures:-


Trademarks and Logos
Before you submit photos for consideration, make sure you whip out your trusty desktop or notebook computer and fire up Adobe Photoshop. Stock Agencies do not want to see any trademarks or logos in your picture. Combing through your image for offending logos and trademarks is easy. See that logo on the jacket that says Hugo Boss, well take that out and that Coke Bottle in the background? Just erase the logo and word Coke from the bottle.

Art Installations
Don't submit photos with famous arts of works in the background. Waste of time really as all that is already copyrighted. So for example you want to pose a model next to Rodin's Thinker, well think again dude. It's not going to fly with the Agencies. Public monuments are fine, like the Eiffel Tower, London Bridge and Statue of Liberty but it has to be in a context of something.

Events and Concerts
If you had to buy a ticket for a sporting event or performance, you cannot shoot any fucking thing intended for commercial use there. It can be for editorial use and that restricts your market by about half. The paying customers are always the corporates who are looking for royalty free exceptions. If you can produce a picture they want, they will skip paying for a rights manage photo and go for yours. Will this make you any richer? I seriously doubt it.

What me? Royalty Free? Are you kidding?

If you had sports pictures from a curling event in Sochi Russia, well you can't sell that as commercial stuff unless you fucking hire the damn team to pose for you in a make believe set. That too must be sans Olympic attire and logos in the background. And you can't sell it as an Olympic image either, just Curling.

The same applies for concerts. You can't shoot in a U2 Rock Event and sell that as a commercial image. Bono will clearly tell you it is a no-no.

Stock Image Agencies would Puke if you Tried Submitting...

There is a list here too. Don't bother looking too deep into it as I am sure you have all tried to make your first million in stock photography by venturing out to your own back yard.

1. Squirrels, Ducks, Geese, Swans, Pigeons and all the birds and animals you find in your garden or local park
2. Seascapes, Shorelines and Lakes - especially the one's with long shutter speeds
3. Sunsets over water
4. Sunsets behind Trees
5. Trees
6. Generic landscapes with no distinctive geographical, iconic or stylistic features
7. Snapshots of dogs and cats
8. Nature abstracts submitted as "backgrounds"
9. Insects – unless they are fantastic
10. Objects on a white background – especially Food and Still Life images.
11. Animals in captivity, where it's obvious they are in a Zoo or Safari Park
12. Individual Flowers and Plants outdoors, especially close-up without any context or visible sky

This list isn't as extensive as I would like but it is a start. For the record, there are tonnes of these types of photos on Flickr which people are already giving away for free. So what makes you think that picture you took in your back yard is going to make you any money?

How to Make Your First Million in Stock Photography

Invest in those freelance models. Remember what your Mom said about bringing strangers home? Well it's going to make lots of money if they can sign a model release and do you bidding. Pose them with props, such as your TV remote, Playstation 4 controller or in your bathtub taking a bubble bath. Activities like these sell like hotcakes as Royalty Free Imagery.

Use expensive props as accessories. Remember the guy who lives down the street who has an exotic vintage Ferrari, well you can find out when he's not home and get your models to pose next to it. Just remember to blank out the number plate for good measure or else he might want a cut from your earnings. Props are extremely important in stock photography. You don't need to feature a logo of the prop in any shoot as long as you pose the model right.

Travel to Places People won't Venture to. If you go to Iceland, you could hire someone to don a space suit eating a hamburger and that will sell in droves. The landscape is nothing like what you will find anywhere in the world. You could even fake a moon landing there. Take along a scale model kit and drop that in your shoot.  Forget the Eiffel Tower and Statue of Liberty, those have been done to death. Humor sells and if you can use that to good effect, you'll sell millions.

Set up an Indoor Studio to Stage photo shoots. This is probably the least expected but makes the most money. You can for a start have you own studio set up within the confines of your home and shoot models in various poses. All you need are just three type of backgrounds, black, white and grey. You don't even need to have a background element as this can be further added on in Photoshop by whoever buys your photos.

Invest in Photoshop. Yes, you can make a million pictures by compositing various subjects and elements to make a picture. If your photoshop skills are up to mark, you can do almost anything. Add flying pigs into your sunset pictures, make your dog laugh out loud while watching TV.

And if you noticed I didn't say it won't cost you a dime to stage any of this. All of the above cost time, effort and money because that's what the majority of photographers are not interested in investing. Anything which cost them next to nothing to do has been done to death. Taking pictures of garden vegetables, strangers molesting your pet dog or hamster, backyard insects or even those beautiful sunsets at the park might seem lovely to you but no one is going to buy them. The key is to be unique and that calls for models. So if you don't know anyone who will pose for you, time to fire up Facebook and connect with your friend's friends. Who knows, you might get lucky?

Royalty Free is a Hit and Run Business

I bet no one told you this but Royalty Free is just another name for an open retail store that works on a honor system. You take the goods, drop in the money and move along. They do not look after your rights should your image be used by various other people who did not buy your photo. Let's for a moment assume that someone did buy your photo for use in a website. Well guess what? A web surfer will steal that photo and post it on his website and so on. Guess who is going after them for royalties? Well it certainly not the stock image agency. How about the dude who turns your photo into a viral Instagram meme? Do you think you can sue him?

Stock agencies do not as a rule furnish you with the name and address of the purchaser. This is not their beef. You can have your photos submitted as a rights managed photo but that doesn't mean the stock agency will look after your photo either. They only take notice when it is sold as exclusive rights managed for a fixed duration usage. Those pay big bucks. But once you go that way, the chances of you getting a photo sold diminishes as buyers often opt for royalty free if a similar picture is available.

In the corporate world, you need staff to stay responsible to rights managed photo use. Often such responsibilities fall under the guise of the marketing communications department. Smaller companies won't even bother with this and lets the advertising agencies deal with the details. Would they care if the usage rights have lapsed? What do you seriously think they would do if you didn't pay up?

The competition for that corporate dollar is rife. And stock agencies expect you to follow their lead by racing to the bottom is terms of pricing of any photo. They don't care how much you spent staging and capturing that photo. It's not their business to care. They want to sell everything for a dollar if they could.

In the near future, you'd shoot a model and composite various elements to make it new. That's why Photoshop is such a game changer in digital photography. You can make new photos out of old ones. Think for a moment, need a model to wear a new attire? Just change the colors of the clothes she's wearing! Want to have an interesting background? Drop in a bokeh blurred background in Photoshop and you'll have a new picture.

So don't give up your day job for a career in stock photography if you don't have a dime to invest in it from the beginning. It takes more than just back yard pictures to bring home the bacon if you want to carve out your own turf in the stock photo business.