At what point should art be free, and when can artists rightfully demand payment for their work?


 I’ve been thinking about the recent posts from Thomas Hawk and Robert Scoble about the unauthorized use of digital imagery. The story is this: Lane Hartwell has decided to remove all of her public works from Flickr and other sites because some of her images, in her words, “have been stolen and used in ways that (she) is not comfortable with”. Scoble and Hawk seem to think that in the free spirit of the Internet no one should “give a shit” whether their work is taken and repurposed. Hawk believes such concerns about who digital ownership and rights are petty, and that artists should be excited that people want to use their work at all, an attitude that sounds an awful lot like “Thievery is the sincerest form of flattery.” Scoble says that he’s just honored that he’s “add(ing) to the human experience” and plans to license more of his work under a Creative Commons license so that people can use it whenever and wherever they please.
Part of me wonders whether Scoble and Hawk can afford to be so cavalier about this because photography isn’t their bread and butter. We know Thomas Hawk’s an alter ego for someone who has a lucrative career in the financial industry. While Scoble he says he has had photos published in other places, I don’t think he considers photography as his main source of income, or that it’s even his primary creative outlet (I could be completely wrong about this as I don’t know the man). Despite this, the idea that just because something is online that it becomes fair game is a strange one to me. If people truly value your work, they should be willing to pay a dollar value (or award proper attribution, if that’s your bag) in order to support your vision. Stealing work is cowardly, and while I wouldn’t go as far as calling people scumbags, I don’t see what is so difficult about asking an artist whether they’d be willing to contribute work for free/in exchange for credit/for a smaller fee than usual. All the artist can do is say no, but at least you’ve given them the right of first refusal. All it means for the person who wants to use the original work is that they have to knock on a different door – or several doors – until they reach someone who is willing to contribute.
Where’s this sense of entitlement coming from? What drives it?
And then there’s also the not-so-understated sexism that rears its ugly head in some of the comments leveled toward Lane Hartwell in the first place. The people who used her work without permission are called “impolite”, but the (female) artist who stands up for her work is called “a whiny bitch”, petty, and “bitchy”. Class act that, fellas.

  • http://www.michellejones.net/onapath Michelle

    I write tutorials for Movable Type and I give them away for free to Learning Movable Type. When that was being being scraped and posted on a website running ads I was pissed and had a take down notice sent. Yes, I was giving that content away for free but in the context that I wanted, in the way that I wanted. I was giving content away to help people yes but also to promote my knowledge and what I can do. I was not giving content away so someone else could take it and make money off of it.
    Some people like to think/claim that having your work stolen is just great promotion. You know what? It’s so totally not. I’ve had photographs taken, I’ve had writing taken and for all the supposed promotion value I’ve never seen any money or even leads come back from. These same people often seem to claim that you should be “honored” that someone likes your work enough to steal it. All I can say to that is “what?”
    Regarding the specific case of Lane and her work what struck me most is that it’s not just about money. She specifically said that her work had been taken and re-used in ways she was not comfortable with. I don’t know specifically what ways she’s talking about it but it doesn’t matter. If she’s posted something with all rights reserved she shouldn’t have to be scared that her work is going to be taken and used in a manner she doesn’t feel comfortable with and then the stealer/remixer/whatever code word we’re using will then get applauded while she’s called sexist names. Thomas Hawk and Scoble are actually throwing out the red herring arguments they’re so fond of condemning. If you’re comfortable with your work being taken and used for fun and for profit more power to you. Knock yourself out in fact. But that doesn’t mean when someone has expressly asked you not to take her work (which she shouldn’t have to do) that you get to not only take the work , punch the creator in the face and tell her to suck it up because that’s the internet.
    Know what? I’m part of the internet and I don’t intentionally take others people work. I’m part of the internet and I don’t take work that someone else has created, mix up with my own stuff and say “hey look at this new thing I created that I’m going to make money off of or advance my career with that.” Just because you do it doesn’t mean that’s “what the internet is about” or whatever the mean people who cheer for stealing other people’s work are saying.

  • http://www.michellejones.net/onapath Michelle

    I write tutorials for Movable Type and I give them away for free to Learning Movable Type. When that was being being scraped and posted on a website running ads I was pissed and had a take down notice sent. Yes, I was giving that content away for free but in the context that I wanted, in the way that I wanted. I was giving content away to help people yes but also to promote my knowledge and what I can do. I was not giving content away so someone else could take it and make money off of it.
    Some people like to think/claim that having your work stolen is just great promotion. You know what? It’s so totally not. I’ve had photographs taken, I’ve had writing taken and for all the supposed promotion value I’ve never seen any money or even leads come back from. These same people often seem to claim that you should be “honored” that someone likes your work enough to steal it. All I can say to that is “what?”
    Regarding the specific case of Lane and her work what struck me most is that it’s not just about money. She specifically said that her work had been taken and re-used in ways she was not comfortable with. I don’t know specifically what ways she’s talking about it but it doesn’t matter. If she’s posted something with all rights reserved she shouldn’t have to be scared that her work is going to be taken and used in a manner she doesn’t feel comfortable with and then the stealer/remixer/whatever code word we’re using will then get applauded while she’s called sexist names. Thomas Hawk and Scoble are actually throwing out the red herring arguments they’re so fond of condemning. If you’re comfortable with your work being taken and used for fun and for profit more power to you. Knock yourself out in fact. But that doesn’t mean when someone has expressly asked you not to take her work (which she shouldn’t have to do) that you get to not only take the work , punch the creator in the face and tell her to suck it up because that’s the internet.
    Know what? I’m part of the internet and I don’t intentionally take others people work. I’m part of the internet and I don’t take work that someone else has created, mix up with my own stuff and say “hey look at this new thing I created that I’m going to make money off of or advance my career with that.” Just because you do it doesn’t mean that’s “what the internet is about” or whatever the mean people who cheer for stealing other people’s work are saying.

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