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A photographer's blog by Stephen Masker, an independent freelance photographer based in Dallas, TX.

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For everyone who has been following my blog and Facebook fan page over the past two months, you’ll know that the marketing cooperative and international hotel chain Best Western International, Inc. stole an image I took of downtown Dallas on Jan. 16th 2009 and placed it on one of their chain’s websites without my permission. The image is titled ‘North Market Between Ross and Elm’ and depicts Dallas, Texas’ West End Station with Bank of America Plaza center frame, and Renaissance Tower left of BOA Plaza. Read the original blog post, here: http://stephenmaskerblog.com/tag/best-western-market-center/

The image is copyright – as all images are the moment they are created by the photographer – and is further listed as copyrighted on my Flickr account where the image was lifted from. This situation has been of interest to me since I’ve never had to be involved in it before, and is an interesting experience to follow. When I started photographing downtown Dallas and recognizable North Texas landmarks in March of this year, I didn’t think that I’d have to be as expeditious about copywriting my photography, but this Best Western ordeal has proven me wrong. Today, I registered all of my Dallas photography with the U.S. Copyright Office for a small fee of $35. I highly recommend that if you have images online that are worth protecting you do the same.

If you’re interested in registering your images with the U.S. Copyright Office, check out this excellent article on Photoshelter’s Blog. They provide you with photos and step-by-step instructions for navigating eCO’s (the Electronic Copyright Office’s) confusing system: http://blog.photoshelter.com/2009/05/electronic-copyright-registrat/

eHow also provides simple, easy to read instructions and briefly explains the benefits of registering your images: http://www.ehow.com/how_8242661_copyright-internet-photos.html

Be sure to check out the eCO FAQ. The best way I can explain eCO is the system/platform/software/etc. that you’ll use to submit your claim/images to the U.S. Copyright Office. The FAQ can be found, here: http://www.copyright.gov/eco/faq.html#eCO_2.3

To create an account and start submitting, go here: https://eco.copyright.gov/eService_enu/start.swe?SWECmd=Login&SWECM=S&SWEHo=eco.copyright.gov

At the writing of this blog, the current processing time for online submissions (e-Filing) is: 2.5 months. (Source: http://www.copyright.gov/help/faq/faq-what.html#certificate)

Yesterday it was brought to my attention that Best Western International, Inc. had stolen one of my images for commercial use off of my Flickr account. At the time of this entry, the image is still live on their website.

From what I’ve observed, the website belongs to a Dallas-based Best Western, Best Western Market Center, and the copyright infringement seems to be isolated to that website alone.

Historically I have sent a cease and desist letter to someone who’s stolen my image(s), and typically it is observed and the image is removed. In this situation, the offender is a corporation, and rather than a mistake, it seems to be a blatant disregard for copyright. That having been said, rather than sending a cease and desist letter, I sent an invoice instead.

Some readers may complain with respect to the amount I invoiced for – $600 – but this unfortunate situation isn’t about getting rich quick. It’s about teaching corporations like Best Western – as well as individuals – that this kind of behavior is not OK, and that because something, such as a photograph, is online, does not mean that you can simply steal it.

This is a copy of the email that I sent to Best Western International, Inc. yesterday, June 27, 2012:

Subject: U.S. Copyright Violation – First Notification – Best Western International, Inc.

To: info@bestwesternmarketcenter.com, abby.salman@bestwestern.com

From: info@stephenmasker.com

Date: Wed, Jun 27, 2012 at 1:55 AM

Message:

To Whom It May Concern:

My name is Stephen Masker and I am a professional freelance photographer in North Texas. I am writing Best Western International, Inc. with respect to copyright infringement regarding a photograph I made in Dallas, Texas on Friday, January 16, 2009. The image was taken on North Market Street between Ross Avenue and Elm Street, and depicts West End Station with Bank of America Plaza, center frame, and Renaissance Tower, left of Bank of America Plaza.  

This image was registered with the Library of Congress on Wednesday, February 04, 2009 and is a copyrighted image. Best Western International, Inc. has violated the Copyright Act of 1976 for the unauthorized use of the aforementioned image, specifically “lifting” the copyrighted image from its original location and placing it on Best Western’s online website for commercial use. 

I have attached an invoice for $600.00 USD and this email is being forwarded to a media law attorney. If the attached invoice is not observed within one calendar month of today’s date, Wednesday, June 27, 2012, I will pursue litigation. 

For your reference, the violation may be observed here: 

http://www.bestwesternmarketcenter.com/Home.html

(Accompanying screen-capture attached in this email). 

For your reference, the original image may be observed here: 

http://www.flickr.com/photos/stephenmasker/3202396979/in/set-72157612613351137/

(Accompanying screen-capture attached in this email). 

My email address is: info@stephenmasker.com 

I swear, under penalty of perjury, that the information in this notification is accurate and that, for the image described above and identified below, I am the copyright owner, and that Best Western International, Inc does not have my permission to use this picture. 

This email is being sent to: info@bestwesternmarketcenter.com andabby.salman@bestwestern.com.

Regards,
Stephen Masker Photography 

(T): 972-754-2762
info@stephenmasker.com
www.stephenmasker.com

PRIVACY NOTICE: This email is intended for the exclusive use by the person(s) mentioned as recipient(s). This email and its attachments, if any, contain private and/or client privileged and confidential information which may contain “Work Product,” information protected by “Privilege” or other Rights. If you receive this email in error or by mistake, please notify the sender, delete this email immediately from your system and destroy all copies of it. You may not, directly or indirectly, use, disclose, distribute, print or copy this email or any part of it for any reason if you are not the intended recipient. Unauthorized interception of this electronic communication is a violation of 18 USC 2510, et seq. The Electronics Communications Privacy Act. If you have received this email in error, please notify Stephen Masker Photography at info@stephenmasker.com. 

Best Western Market Center contact information: 

2023 Market Center Boulevard, Dallas, Texas 75207-3318
Phone: 214/741-9000 | Fax: 214/741-6100

Best Western International, Inc. Corporate information: 

6201 N. 24th Parkway, Phoenix, Arizona 85016
Phone: 602/957-4200

Photographic evidence: 

What are your thoughts on this? Have you ever been a victim of copyright infringement? Leave your comments in the section below.

+ high-res version

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Westboro Church – Cotton Bowl, a set on Flickr.

Via Flickr:
The Westboro Baptist Church protests Penn State’s football team, gays, and America outside of the AT&T Cotton Bowl Stadium on Monday, January 2, 2011.

In preparation for the Observer’s 30th ‘Best Of’ edition, I located and scanned every Best Of cover since the first publication in 1981. Cycling through volumes of old editions, a lot has changed since ’81. For one, the Observer appeared to be a much larger publication in its infant years, with some editions hundreds of pages long. As its readership grew and the years progressed, I can only imagine that for whatever reason – and perhaps the economy is to blame – funding and budgets got cut and the publication was forced to downsize.

But perhaps it was for the better. Publications like the Observer that can adapt to change will ultimately prevail through the toughest of battles, and right now it – like most other print publications – is fighting to stay above water.

Art Director Alexander Flores at the Observer brought up an interesting talking point when discussing the sink or swim of present and past publications in that they (most of them) are currently offering their content online, for free. The same content which in print-form you have to pay for.

See, the thing about print is that it cost money. Lots of money. Fee’s associated with print address the manufacturing of the publication, the materials, the labor of the staff that composes it, the delivery services and those employees, etc., costing the publication – but more realistically, it’s advertisers – thousands upon thousands for presumably each edition.

So, now that the media and its print publications are beginning to recognize that while although it’s costing them an untold amount of dollars to produce print content, they’ve all-along been offering the SAME content online at no cost at all. So, what to do?

The solution is currently being discussed by both conservative and liberal news organizations such as the Dallas Morning News and the New York Times which are beginning to conclude on at least one solution: to start charging their readers for viewing online content.

But wait a minute… you’ve been providing it for free all this time and you’ve built a significant online following (especially from the younger generation and the news-hungry politicos), so how do you, the media organization, justify this proposed ‘solution’ to help pay for your survival?

Herein lies the trival question to which myself, Alex, and I’m sure many more are awaiting an answer, although I’m fairly confident it’s a predictable one: F*ck the reader. Pay the subscription.

The United States Capitol at night

As a photojournalism major, we often have guest speakers who are invited into class to discuss their perspective fields in the media industry. Personally I generally regard these media professionals as excellent resources who provide insightful information about everything from the technical details of their positions to landing a successful job in the difficult and constantly changing field of journalism. While these speakers have remained optimistic about the job market and journalism field in general, they have time and time again communicated the message that while although good jobs are ‘out there’, they are difficult to be found, and those who manage to obtain them have worked very hard to earn them. Additionally they have all seemed to communicate the message that I hear frequently from professionals across other disciplines: It’s not about what you know, it’s who you know. I don’t really understand the truth behind this statement, however, because I believe that in the field of journalism, among other industries, your portfolio would do you more justice than your ‘buddy-buddy’ connections with the boss. Why would they want some hack journalist trying to publish shabby journalism at a professional publication? What I believe, rather, is that a good journalist who has good connections has a better opportunity at landing that position than a journalist who doesn’t have those connections. In 2010 the world of journalism is fueled by the community journalists who know how to use Twitter, YouTube, Facebook, WordPress and other social networking resources effectively and understanding this networking interface is key to their success.

This having been said, I’d like to focus on one particular speaker who just recently visited our lecture, photojournalist Chip Somodevilla. Chip, an alumnus of UNT, is currently a member of the news photo staff at Getty Images in Washington D.C. and shoots inside the U.S. Capitol building. After lecturing on the the importance of the practical implementations of good journalism and ethics, Chip extended an invitation to the respective members of class to join him at the Capitol should we ever find ourselves visiting D.C.

Once I heard this I immediately jumped on the offer. I spoke with Chip after class some about the custom function settings on my Canon 5D Mark II as I noticed he shot with the same camera, then I asked my professor Susan C. Zavoina for his email, contacted him and the rest is history.

I just purchased my tickets a few days ago to arrive in D.C. on May 18th through the 23rd & photograph with Chip in the Capitol building. In an e-mail he said it was possible that during our time photographing he may be called to the Whitehouse, which I don’t have access to shoot in, but I’m going to be perfectly content with shooting senators (sounds so wrong) inside the Capitol.

I’m really looking forward to this trip. I think it will be a great opportunity to get some experience doing some professional-grade photography of events that actually matter, and hopefully I’ll be able to walk away with some quality portfolio images and a good understanding of what it’s like to work as a photographer in the U.S. Capitol.

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