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Why I rejected your request for free photos

This post is dedicated to all the people who have completely lost their sense of common decency.

I have a destructive humbleness that most people do not understand (myself included). I do not have a Patreon page, I do not run ads on this website, I have never asked for donations*. However, for some reason I get the feeling that this leads people to believe I do everything for free. This could not be further from the truth. You want to use my work? Great! How about you pay me for it? No? Of course not, what was I thinking. I’m sorry.

I don’t know how I can make this easier to understand: asking a professional (any professional – not only photographers) for free work is disrespectful, rude, and insulting. You do not want to be that person. Also, let’s make one thing clear, people: unless we have an agreement in place, you don’t get to decide for me how to use my photos.

This reminds me of my first PhD supervisor, who said that giving photos away was the “humane” thing to do. Ok. Explain to me how giving up your copyright is considered humane. After all, I don’t see authors putting their texts on the public domain for humanity to enjoy or adapt without expecting some sort of payment. Don’t get me wrong. I do like to put myself out there for the right cause, by volunteering or providing imagery free of charge. However, I feel that more and more entities are trying to take advantage of my good will, almost as if it became a trend. Some of you might not know, but I am completely self-funded as of last year (cough* Know a project/position I can fit in? Want me to give a presentation for your group? Let me know!). This lifestyle is not for the faint of heart, and it is often ridden with periods of anxiety and frustration. In any case, when too many people ask me to give away free stuff, how do you expect me to buy food? Pay for the roof above my head?
“Well, how about you get a real job?”, you might ask.
Fair enough. But you know what turns the content I create into a paid job? The fact that someone wants to use it. Maybe you do not like viewing photography, entomology, or science communication as a job, in that case I cannot help you. A lot has been said and written about working for free (here’s an excellent post for example, and here’s an analysis why professional photographers cannot work for free), I even wrote about this issue in the past. Needless to say, nowadays I almost never give photos for free. One thing I learned in this business is that there will always be some people who will hate you. Whether it is because you refuse to give photos for free, or because your rates are too high, or maybe because they are jealous of your work. I am not even counting people who just hate insects, yet still bother to comment on their photos instead of looking away. Whatever it may be, it is impossible to satisfy everyone, so I do not try. People are judgmental. I recall one interesting incident in which a stranger commented on a friend’s post, calling me “just an annoying photographer”. I reached out to them and asked if we knew each other, and why they think so. We ended up chatting for some time and eventually I think they realized that I am really not that bad of a person. I still think that from time to time, it is important to make a contribution to a cause you support (more on that later). However, when someone takes advantage of your generosity and tries to make a personal gain from it – run home! And don’t stop until you get there.

All these publishers paid for the rights to use my photos. So why shouldn't you?

All these publishers paid for the rights to use my photos. So why shouldn’t you?

I must say, if you got a negative response to your request, be respectful. Whether I choose to give something for charity is entirely up to me, not the person requesting the image. I go over the photos and the intended use, and analyze each case by its characteristics. If I decide to reject it, it is not personal; it means that I just could not see how it fits my mission. Another reason for a refusal is when I do not see how the use can promote me further as a photographer. In any case, if your request was refused please do not start throwing insults. That’s not going to win you any fans, and will definitely not get you the photo for use free of charge, not this time and not the next time around. Also, if you inquire about free images and you also receive a paycheck for doing this, there is a 100% chance that I will refuse to give photos for free. Allow me to demonstrate by using typical examples for this behavior.

Case #1 – The Networking Card

A person who I do not know contacts me to request a photo for their upcoming publication. It is a small production, a personal project. There is a section in the book describing a rare phenomenon or a rarely encountered species, and my photos are perfect to illustrate said subject. Alas, there is no budget for photographs.
In this case I reject the request on the basis that anything rarely documented has its own value. Examples for such subjects are Epomis beetles, swarming locusts, tusked weta, adult botflies etc’. All these subjects took a substantial investment of time, money, and physical preparation to get the final shot. Giving those photographs away free of charge devalues my personal investment, and makes it harder to charge normal fees for use of similar photos later. It would also be unfair towards those who have already paid a licensing fee to use the photos.
To my understanding, some people do this to “test the waters” and see if the photographer is someone worthy of working with abusing in the future. In one specific case, when I rejected the request I got this reply: “Good luck making a living with the images, you have some nice shots, and publishing does not pay well…. I have for instance plenty of pictures of the ****. I just thought it might be a nice connection.”
Oh, really? So you just wanted to make acquaintances? How very nice of you. How about you start respecting someone’s work and time instead of expecting to get free stuff.

Case #2 – The Exposure Card

Many of us in the creative scene have been there: photographers, artists, illustrators, and designers. Someone from a highly reputable institution contacts to request free work in return for exposure to the creator.
Here’s the thing. You claim that by sharing my work I will gain exposure. Correct me if I am wrong, but you contacted me to ask about using my work. It seems to me that my name is already out there; I do not need any further exposure. Why don’t you take a minute to think about it and get back to me, hopefully with a budget next time.

Case #3 – The Unintentional Infringement Card

This case is a little different because it starts with a copyright infringement. A user uses my photo as a thumbnail for their video/article/social media profile. Since this use is without permission, I take it down as a copyright infringement. The user contacts me and requests to undo the DMCA take down, so they can have their original post back online. I explain that take downs are being recorded, and the only way to reverse one is to comply with the conditions of use, in other words – licensing the photo. I also add that putting my photo as the thumbnail encourages people to click the post when being shared on social media, therefore my photo directly promotes the post. I suggest to the user the fair solution of reuploading their post minus my photo. Then hell breaks loose and I am being accused of greed, trying to extort money and what not.
I wish to clarify two things:
1) A DMCA take down is not an attempt to extort payment via licensing fees. It is what it is – regaining control over a copyrighted image that has been used inappropriately or without prior permission.
2) Professional and polite communication is key in addressing cases of copyright infringements, as well as any image use inquiries. It is crucial to be clear, concise, but still provide all the relevant details. I have often been accused of having a “patronizing/condescending tone” by infringers. I can understand how polite speech can seem this way when explaining to someone their unauthorized use of intellectual property. If you cannot communicate in a civilized manner, you are not helping to solve the issue.
I will mention one specific instance here, in which someone used my photo on their personal page on social media. When I called them out on it, I got this amazing reply (see closing paragraph):

The road to hell is paved with good intentions.

The road to hell is paved with good intentions.

Way to go on winning an argument. No better way to get me to block you than diverting from the main topic of discussion into accusatory politics.

Case #4 – The “you owe me” Card

A person who I know requests photos for commercial use (and that’s important) free of charge. They also inform me that they do not intend to credit me as the photographer, sign a licensing agreement detailing the specific use, or pay anything for the use. Every time I confront this, I think I misheard. You said no credit, no licensing agreement, AND no pay? So absolutely nothing in return? Truly an offer I cannot refuse.
I refuse.
Then I receive the classic response of “Well I didn’t need those photos anyway, I just gave you the chance to be human again” (see case #1). First of all, thank you for giving me that chance to prove myself! Highly appreciated. But let me ask you – What did you think was gonna happen? You think just because we know each other you can take my work and do with it as you please? I don’t think so. That ain’t how it works around here. And if you did not really need the photos, why did you waste my time?

It's not just about photos of insects, by the way. Several instances include requests for free photos of landscapes, portraits, and even commercial products (in the photo: pendant designed by Mio Konfedrat)

It’s not just about photos of insects, by the way. Several instances include requests for free photos of landscapes, portraits, and even commercial products (in the photo: pendant designed by Mio Konfedrat)

It is not all bad

I understand that some of these examples can paint me as a jerk, someone who never makes a personal contribution towards others in need. I therefore want to point out that occasionally I do allow the use of my photos with little or no return (the bare minimum is a copy of the publication though). I was recently contacted by a friend who requested photos for an upcoming book about arachnids in Israel. Since there was no budget for it, I would normally reject the request. However, in this case the two authors are responsible for my professional background: one served as my mentor and guide to the wonders of the natural world when I was a kid, the other taught me entomology at university. It is thanks to their amazing nurturing that I am who I am today. In addition, I see the importance of publishing a popular book about arachnids in Israel as something that can spread the knowledge and promote appreciation of this often-mistreated arthropod group. The authors offered a signed copy of the book when published, which I see as a valuable return. I was happy to respond positively to this request for photos, and I hope the new book will be well-received.


* A recent discussion I had with several friends made me realize that people often want to help, and that I should not stop them from doing so. After much thinking, I have decided to add a PayPal.me donation link to this website, located on the sidebar to the right (or bottom of the page in the mobile version). If you find the content I post on this website interesting and wish to show your support by giving something in return, please consider donating. Think of it as buying me a hot cocoa to keep me fuelled!

About bullying and image use

In the past few days there is a sense of increasing tension in the air. Whether it is due to events that happened during this week or something else, I felt like I should do something to calm the spirits down, before people around me start losing their common sense or succumb to depression. So I decided to post some images that I think are calming, together with some optimistic words. Everything is going to be alright.

However, I just want to ask something that seems obvious to me but might not be so straight forward to other people: Please be respectful and considerate of others, especially if you are commenting on someone else’s work or lifestyle. No bullying please. More specifically, if you decide to share my images, and you use them to spread hate towards nature, or if you share them while personally insulting me or one of my colleagues or friends, I will not only take your post down but I will also block you from all my social media accounts. There is a page dedicated to image use on this website, make sure you head over there to read it before using my images to promote your agenda.

Case in point: In the context mentioned above, I shared a photo of a baby velvet worm on my Facebook account a couple of days ago, along with some comforting words. For the most part it was positively received, at least until one person decided to make a negative comment… For the sake of privacy, I will call her M.

bullying-1M is a stranger to me. I have never met her in person or talked with her before. She reached my post because we have a mutual friend, H, who commented on my photo. M went ahead and allowed herself to bash H for expressing her fondness for the photo.
bullying-2I replied, clarifying that there is no place for negativity on my timeline, especially when the original purpose of this post was to help people relax. I advised M to hide my post on her feed if she is bothered by it.
bullying-3M replied:
bullying-4bOh M. My frustration is not with you insulting the critter. The animal does not know you and in fact could not care less about you. It is over the fact that you show no respect towards other people and their interests.
I am not a native English speaker, so I had to look up the meaning of razz. It means to tease. Now correct me if I am wrong, but teasing someone for their passion or livelihood (in this case, M’s sister-in-law’s sister, who is a naturalist), and adding insults while you are at it, does not sound funny to me. That’s not joking. That’s bullying.

You cannot insult someone and then when finally confronted about it, avoid taking responsibility for what you have done by saying you were only joking. From the insulted person’s perspective, the damage has already been done. Believe me when I say this, I have had my fair share of abusive relationships, even during my professional training. I know exactly what I am taking about. Instead of being compassionate and understanding that there may be people out there with different interests than hers, M decides for everyone what is worth spending time on and what is not. Thank you for your contribution, M. Please tell me more what you think I should be doing with my life.

By the time M finished writing her comments I was already away from my computer and I did not see them. In her defense, she did remove my photo from her timeline. Two of my friends, professional biologists, noticed the string of comments and took the initiative to reply. Their answer reflects my opinion exactly (thank you!).
bullying-5Now, this could have very well been the end of it, if it wasn’t for the fact that M decided to re-share my post on her timeline, but this time with a big insult plastered all over it, calling me out on my awful behavior: “…this is the original post by Gil Wizen that I was called out for… F*** HIM. Who is he to tell me what I can put on my timeline??” she wrote. Well my dear M, I will tell you exactly who I am. I am the sole creator of the very content you are using to spread this negativity in the form of hate. And I say no. You cannot use it for this purpose. Sue me.

This whole incident angers me. A lot. Not only M was rude and disrespectful to me and to pretty much every naturalist out there, but she also went ahead and tried to directly insult me publicly. I tried to keep my cool about this. I know she did not mean any harm. Maybe she saw our constructive criticism as an attack on her personal beliefs. Fair enough. However, that name-bashing online defamation that she went with at the end? That is unforgivable in my book.

Needless to say I ended up blocking M. I did not do this as a result of anger or frustration. She does not enjoy seeing images of critters on her Facebook feed, and that is completely fine. She is entitled to her own opinion. I blocked M to protect her. Things can escalate and get out of control fairly quickly online, and I was trying to avoid a verbal execution by a lynch mob. I do not think that would have happened, but I did not want to find out. I just want to reiterate that bullying is a crappy way of showing someone you care about them. And if you bully because you do not care about that person, if the only thing you can afford to be is inhumane, then what the hell are you doing with your life? If anything, the entomological community proved that it can stand up against bullies when they attack one of us (here and here are two recent examples). But it does not have to get to this. Come on, people. We can do better.

The photo from the original post. Are you grossed by this creature? Well, that's just too bad.

The photo from the original post. Are you grossed by this creature? Well, that’s just too bad.

You cannot afford to buy this image

Several articles about Epomis that have been published over the last few months triggered an increase in public interest and the beetles’ popularity, followed by an avalanche of requests for image use from magazines and news agencies. I should be happy about this, if not for the small fact that most of these requests are for free or discounted images. I avoid mentioning anything about pricing for my photos here on the website. It is not that they are not for sale, on the contrary. My pricing is pretty standard for a wildlife photographer these days, and I even dare say it is competitive compared to stock agencies and other photographers’ rates. At this moment, I prefer to handle licensing requests on a case-to-case basis. I know that at some point, maybe when more people show interest, I will set up an e-commerce website offering prints.

That being said, I take the aspect of rarity into account when calculating my pricing. If my photograph shows a rare event, an unusual phenomenon or something other photographers are less likely to capture, I charge a higher rate. I admit that as of now I only have a handful of such photos, and as you might expect, some photos of Epomis beetles fall under this category. Case in point:

European green toad (Pseudepidalea viridis) being lured to hunt and getting attacked by a larva of Epomis dejeani. Several news agencies, while completely ignoring my pricing, requested to license this photo for what I can only call - pennies.

European green toad (Pseudepidalea viridis) being lured to hunt and getting attacked by a larva of Epomis dejeani. Several news agencies, while completely ignoring my pricing, requested to license this photo for what I can only call – pennies.

Why do I rate these photos differently from the rest of my portfolio? Wouldn’t it be wiser to charge the same rate for each image? Pricing photographs is a bit of a controversial topic. While I will not go into pricing standards, many pro photographers agree that there is nothing more insulting than receiving requests from commercial entities for free images. Some of us already have our photos spreading through the internet after being stolen (Click here for an example. Unfortunately for me I was too late to stop this one from spreading). On the other end of the spectrum there are photographers who are happy to give photos away for a simple credit mention. I try not to judge, but I honestly cannot understand this approach. There is a lot involved financially when one decides to pursue professional photography. I love this analysis by John Mueller:

“It cost me $6,612 to take this photo.
$12 in gas to go from work to this spot and then home. The camera I took this with cost $2500. The lens was another $1600. The Singh Ray Reverse Neutral Density filter was $210. The Lee Wide-Angle Adapter and Foundation kit was another $200. The Slik Tripod was another $130. The shutter-release was another $60. When I got home, I uploaded it to a computer that cost me $1200, and then I used Lightroom 3 which I got for $200. I then exported it and tinkered with it in Photoshop which costs about $500.”

OK, maybe this is a little too extreme. If I took this approach to calculate the rate for my Epomis photo, including gear and traveling costs (this photo was taken in Israel after my relocation to Canada, so there was quite a bit of traveling involved) it would easily reach over $10K. Instead, let’s keep it simple, and I will include just one aspect that is frequently missed when reviewing photographs – time.

To most people, a photo is merely a click of a button. A perfect moment captured in time. However, I hold a slightly different opinion, which I expressed briefly in this post. You see, it took me two years to take the above photo. And I am saying this while omitting the +5 years I have been studying Epomis beetles, which gave me excellent insights on where and when to find them in the field. Knowing your subject is the key to getting good shots in the wildlife photography genre, yet it still took me another two years to get the shot. Why? This is where photographic technique comes into play. I planned this shot in my mind way before I traveled back to Israel to search for my subjects. I had to know exactly where to position and how to diffuse my lights, which moment to press the shutter, and for months I perfected my technique so that when I get to that decisive moment, in which I have only a split second to record the predation interaction, it would go as smooth as possible. And you know what? Even after all this planning it still took a few attempts to get the sequence the way I wanted it.

To summarize this rant, my hard-earned knowledge and level of expertise are not up for grabs. Definitely not at a discounted rate. Oh yes, this particular photo also consists of four different exposures. Maybe I should have mentioned this as well.


UPDATE (11 Mar, 2016): In the last 24 hours this post received a lot of attention, sparking an interesting discussion on FaceBook. After reading some of the comments, I want to clarify a few things:

* The pricing calculation that appears in quotes is NOT my pricing. I only brought it as an example to show the level of financial investment for the professional photographer. If you read on, you learn that I am more realistic and do not price my photos this way.

* I know I made it sound like I never allow to use my photos free of charge but I assure you this is not the case. For most personal use, in-class educational use and scientific presentations I do not charge a fee. Other non-profit use is evaluated on a case-to-case basis, but I am very flexible in my terms. If I supply high quality photos I expect to receive something equal in return, it does not have to be currency; in the past I received books, gift cards, bits of gear, accommodation and even research support in exchange for my photos.

* Also, it is OK if you do not agree with my opinion. If you want to give your photos away for free, go ahead. I do not like it because it causes depreciation of other photographers’ work, but I cannot stop you. However, if one day you choose to start viewing your creations as valuable and decide to charge a fee for their use, making that transition from charging nothing will be hard for you, take it from someone who has been in that stage.

My NZ ordeal (part 2)

Some time ago I wrote about my NZ accident and I mentioned that the story did not end there. One of the most frustrating experiences I had upon leaving NZ was a slow and thorough inspection of everything I had in my luggage by the customs officers. I am not sure what they were expecting to find, because I had collecting and import permits for all the research material I obtained. After discussing this with other visitors to NZ (not necessarily scientists) I learned that it is a standard procedure that some lucky individuals must endure. But imagine spending a couple of hours in an isolated part of the airport with other “suspects”, where you are being treated like trash for doing nothing. I will not go into details but it was definitely some of the most nerve-racking time I had in my life.

It was not before I returned to Canada when things started to take a wrong turn. I purposely delayed writing a post about it, mainly because I needed time to digest what has happened and to understand the details of my case. My plan was to write it down eventually because I believe it can be important for other graduate students facing a similar situation, and I think I am ready to share.

So cut back to early 2013, I spent several months in NZ, most of the time observing mating behavior of ground weta (ensiferan insects of the genus Hemiandrus) as a part of my PhD research, but I also found the time for experimenting with my photography. There is something about being all alone, in a foreign place, that sparks your creativity to try new and interesting ideas. Some of the shots I managed to capture in NZ were surprising even for me (see some of them here).

(Feel free to skip this paragraph if you only want to read the “juicy” parts of the story. It explains the research I was conducting in NZ)
Before I detail my story, let me elaborate a bit on weta mating behavior. One of the things I aimed to capture was the mating process in “short-tailed” Hemiandrus species. “Short-tailed” means that, unlike most members of suborder Ensifera, the females do not possess a long ovipositor (a device used to inject the eggs into different substrates, such as soil, wood, leaves, etc’). This character was found to be associated with a high level of maternal care: the ground weta females seal themselves in an underground burrow, spending several months tending their eggs and the hatching nymphs. As for the mating process, in most ensiferan insects the male transfers a nuptial gift for the female to feed on during mating. This gift comes in the form of a protein-rich spermatophore, attached by the male to the female’s genitalia. In “short-tailed” ground weta however, the males deposit their nuptial gift on a modified segment on the females’ abdomen, and in some species they even display mate-guarding behavior while the females consume their nutritious gift.
The result of my photography trials was a series of shots that I am very proud of, showing the whole mating process:

Hemiandrus-mating1

The mating process in Hemiandrus pallitarsis. 1. The male (bottom) attached to the female; 2. The male attaches the sperm ampullae to the female’s genitalia; 3. The male disconnects from the female’s genitalia and extends two phalli; 4. The male’s phalli start secreting the nuptial gift; 5. The nuptial gift is deposited on the female’s modified sixth abdominal segment; 6. The male displays mate-guarding behavior while the female consumes the nuptial gift.

It is important to mention that during my time in NZ this information about the ground weta mating behavior was already known and published. My intention was to use these photos in presentations and perhaps in my PhD thesis as a communication aid. And indeed, I presented them to several faculty members during a meeting and they were impressed.

From that point on things started to go downhill.
My PhD supervisor back then requested to use a photograph of a wasp for a textbook chapter he was working on, and I replied that I would gladly license it for publication. That is, after payment of a small licensing fee. Then happened the thing I was worried about the most: he asked how this sits with use of my weta photos in his future publications. My reply was the same.
I have always allowed the use of my photos for presentation purposes, whether it was an in-class presentation, conference talk, poster, etc’. My only issue is with publication and distribution of my photographs. This is a legal matter (Copyright Law is a real thing) that involves a license in order to manage who has copyrights over the use of the photo by transferring all or part of the copyrights from the photo owner to someone else. Anyone who is not familiar with this and those who wish to know more, you can refer to my Image Use page.

My refusal to give the photos away triggered an unfortunate chain of events that ended with the supervisor kicking me out of the lab and terminating his supervision, essentially shutting down my PhD research. I was accused of being greedy:

 

“Even after agreeing that I have been more than generous with funding all your New Zealand doctoral research and that your work and all expenses were, in fact, fully covered by my NSERC Discovery grant, you insisted on going ahead in charging me for the use of the photographs. It is for this reason alone that I no longer wish to supervise your doctoral research. While I think that you have the skills, background and experience necessary for tackling this project, I cannot continue to supervise a student with such a mercenary approach to the student-supervisor relationship…”

 

(As a side note I should say that this person now avoids mentioning this small detail and tells a different story, trying to make it look like my departure from his lab was a mutual decision. It was not. This infuriates me because I did want to go on with my PhD research. To him I say – take responsibility for your actions!)

I think the supervisor was missing a crucial detail of what copyright protection is meant for. Notice how nothing is mentioned about how much I was going to charge for the photos? That is because this was never discussed, the supervisor did not even bother to inquire about my image use policy, for him it was enough that I intended to charge for the use. Protecting my copyrights?? Nonsense, in his eyes I was all in it for the money! While there are photographers out there who routinely take copyright infringements to court in order to collect the damages, I cannot brag for having such a history.

What is even more surprising was that I was handed a copy of the university’s Intellectual Property Policy with a friendly remark that everything I create during my term as a graduate student is owned by the university. Really? Everything?…
Well, this is not exactly how it works. According to this policy, the university owns any idea, invention or pretty much any data that you collect or create while conducting research (raw data cannot be copyrighted anyway). This applies to any form of media that may contain such relevant data, including photos. But it is important to understand that while the university legally owns the data concealed within a photo (or a disk, flash drive, laptop etc’), it does not own the media itself unless it was the university’s property in the first place. In my case, the photos were captured by me using my photography gear, therefore the university did not own the photos and had no copyrights over use of the photos themselves. When requested, I provided low-resolution files for data acquisition purposes; nevertheless the university cannot use those photos in future publications without my consent.

Some will say that I should have agreed to give away the photos to maintain a healthy working relationship with my supervisor. This may sound like the right thing to do, however in my opinion a relationship in which someone is using you for their own personal gain is not a healthy relationship. Do take the time to think about it. Moreover, everyone has the right to choose whether they want to share their creation with someone else. I chose not to, and while my choice may seem strange to some people, it comes after a history of bad experiences. I learned my lesson the hard way, and I will not devalue my work any longer.

Here I turn to every grad student out there – you DO NOT owe anything to your supervisor other than working on your project. A supervisor cannot force you to give away your rights on something you created. If they do, that’s academic bullying. For example, if you produce an artwork piece depicting your research subject, does the university or your supervisor immediately own it? Of course not.
Universities as institutions have committees or unions that can advise grad students how to deal with such disputes. I know now that I should have taken this case straight to both the university’s Research Ethics Board and Copyrights Office. The end result of me moving to a different academic department might have been the same, but the supervisor’s disgraceful behavior would have been recorded on file, which could later act as a warning sign for prospective students.
Lastly, I think it is a real shame that a professor who spends so much time and energy fighting the disease of academic plagiarism is completely unaware of Copyright Law.

As for those ground weta photos, they will probably never see the light of day. I hope at least that you enjoyed viewing them here, and that you learned something about politics in academia at the same time.