Those marauding pirates who infest certain cities and rob hardworking photographers

“Such miserable pirates are too sordid to engage a photographer to make a special series for them; they prefer to rob an already poorly paid class of men-men who have to depend for their living upon the sale of views taken during the short summer months.”


Most photographers today believe that the problems of image piracy began with the Internet in the 1990s and the switch over to digital in the 2000s.
That’s what I thought too — until this weekend when I was doing research for a book project on the archive site   I serendipitously  came across some old copies of the Canadian Photographic Journal from 1894 and 1895.  If you read about the problems photographers were facing with image pirates and with news organizations that took images without credit 122 years ago, it appears that things haven’t changed all that much.



WE have on former occasions tried to impress our readers with the vital importance of registering their copyright in photographs that are likely to prove of more than passing importance, and we published in a former number a concise article upon the method of securing such registration in Canada.

We have since received numerous complaints from subscribers who have been victimized by pirate publishers. One of these firms of pirates began by buying a few photograms of a prominent Canadian city at a cost of about twenty-five cents each and then published them as photo engravings in “Souvenir” form at about ten cents the book.

We do not mean to say the photograms thus collected at so little expense were by any means excellent views, and the reproductions were even worse, but still put upon the market at so low a price-they were sold and must have injured the sale of the original photograms.

We have no battle with publishers of these books so long as they pursue their business in a straightforward manner and give the photographers, whose works they appropriate, adequate remuneration and proper acknowledgment of authorship.

But we have no sympathy with the meanness of those marauding pirates who infest certain cities and rob hardworking photographers of the results of their labors. It is all very well for these people to say they bought and paid for the views they republish, we admit that they did so-but they did not thereby acquire the right to republish those views and sell them in opposition to their original authors.

Such miserable pirates are too sordid to engage a photographer to make a special series for them; they prefer to rob an already poorly paid class of men-men who have to depend for their living upon the sale of views taken during the short summer months.

These same parasitical publishers seem- to be imbued with a natural inborn baseness that prevents them from giving the men they rob credit for being the authors of the original photographs, whereas if they had the decency to publish the names and addresses of the photographers we might consider it in the light of a redeeming act of grace.

How often do we see even in the public press such titles as “Minne-haha Cathedral From a Photograph.”

Why are publishers so averse to give credit where credit is due? Is it because they are ashamed to publish the name of their victim, or is it because they fear he might be a gainer of some notoriety if his name was mentioned?

If newspapers are mean enough to take the liberty of appropriating men’s work and publishing it, they should not be too mean to advertise him by mentioning bis name and address.

Since there is such a lamentable lack of honorable feeling among a certain class, the only remedy for photographers is registration of copyright and, again, we urge our readers, if they do not wish to, be at the mercy of copyists, to register each of their choice views.

We know that the Canadian Copyright Act is hardly in accordance with the requirements of photographers-the rates being (in their peculiar circumstances) especially high-but still registration is the only way of protecting individual interests.

In Great Britain there has been recently formed an active “Copyright Union” which is virtually under the wing of the Chamber of Commerce.

The active promoters of this union have our most hearty sympathies; they are doing a good work for our British brethren and deserve the undivided support of every photographer in the land. Canada has long been in want of such an active body to protect the interests of photographers.

We believe the time is now ripe for the formation of such a union here, and we believe the best expression of our sympathies with the organizers of the British union will be the formation of a similar body in Canada. We want an amendment to the Copyright Act an amendment that will be an equal gain to photographers and the treasury of Canada.

Individuals cannot secure this, a powerful combined effort can do so.

The active co-operation of all photographers is required to fight for that which is, according to the unwritten code of honor, their individual right.

A year later in May 1895, the Canadian Photographic Journal published this letter from New York City.



SIR, -At an informal meeting held by a number of representative photographers of this city, March 14, 1895, it was unanimously decided to issue the following prospectus to the prominent members of our profession, submitting the plan proposed therein to their earliest consideration, and requesting their immediate reply to same address, Committee of the proposed Photographers’ Copyright League, 13-15 West Twenty-fourth Street.

Art in photography is at last a generally acknowledged factor, and the productions of photographers have become the chief source of supply for the illustrations which fi1l newspapers and periodicals. Even the courts now recognize that fact and extend the protection of the copyright law to all such photographers as are artistic.

During the past ten years a vigorous battle has been waging between a few determined photographers on the one hand, and an indiscriminate host of lithographers and other pirates, on the other. The latter had become so used to appropriating without leave whatever they saw was good and original in photographic publications, giving in return neither remuneration nor even credit, and the results to them were so profitable, that the effort to break them of the pernicious habit was no easy matter.

On the contrary it developed rapidly into a serious and bitterly contested struggle.

Thus far each photographer has done his fighting, sing]e-handed, and generally against large and powerful corporations. In spite of this, however, the result has been almost uniformly a complete victory for the photographer, decision after decision being rendered in his favor by the courts, though often only after years of burdensome and expensive litigation.

In view of these facts and other reasons which follow, we deem it wise and expedient, at this time, to band our best men together, so, that in future a united front will be opposed to infringers of all kinds.

There have been many demands within the past few years for such a union, and we know of no question now rife in the fraternity in which a community of interests would be more desirable, mutual and in every way advantageous to us all.

Our proposition is that an organization (to be known as the Photographers’ Copyright League of America) be formed at once, and take upon itself, by means of an advisory committee to be elected annually, the prosecution of  all infringers of the copyright works of any of its members, whenever a proper case for such prosecution is presented by him ; that it defray all expenses of same ; and that in return, so as to make it self-supporting, a fair percentage of all recoveries so obtained, be turned into the treasury.



This entry cross posted from my photography blog.

The nineteenth century definition of photogram is obviously different from today’s “image made without camera”.  From the context it appears to refer to souvenir postcards.

In the nineteenth century, Canadians were encouraged to register copyright materials with the Department of Agriculture. Today, under the Berne Convention, Canadians don’t have to register, but can if they wish with the copyright office. However, unlike the United States, there is no requirement to file a copy of the work.

An online search has found no references to the Photographers’ Copyright League of America. It would be interesting to find out what happened to the organization.

The original copies of the Canadian Photographic Journal for May 1894 and May 1895 are available online. Full access to the archive costs $10 Cdn a month.

One has to note that despite the fact that magazine masthead shows a woman photographer with a camera on a tripod, the copy is somewhat sexist, referring to photographers as “men” and a “fraternity..”


And now a word from our sponsor……the latest gear for May 1895 (ad in the Canadian Photographic Journal)



Is “Color” the next big social app? And what about photojournalism?

For those who follow  #futureofnews on Twitter, and similar groups, there has been a lot of buzz in the past couple of weeks since the launch  on March 24, of a new (so far Apple only??) app called Color.  It’s called a proximity photo sharing social media app, and allows people close to each  other to share photos.

358-color_1881983a.jpgA combination of photo crowd sourcing and social  networking.

Most of the chatter is among the younger folks who tweet, follow and discuss the future of news, those who are digital natives, the true early adopters,  the indicator of new trends.

So much chatter that I decided to check it out.

While it is available as an Iphone app, the news release says it is available for the Android, but I couldn’t find it in the Android store and the front page of their website says new Android version coming soon.

So without an Android app I could find, I am going to have to go by the buzz.

My first impression at the  Apple App Store was that  was  that creators are  a kind of arrogant bunch.  On the App store and their press releases  it is “Color™  ”  


 Imagine trademarking the word “color?”  The company is based in Palo Alto, California, so one has to wonder how and why the US Patent and Trademark Office allowed it? I wonder how long that  trademark will last?  The trolls are probably already calling  their lawyers with everyone else not too far  behind.

The news release calls the program

Color™ is a miraculous, free application for iPhones and Android devices that allows people in close proximity to capture and have real-time access to photos, videos, and text simultaneously from multiple smartphones. Color is the best way of sharing an experience without the hassle of passing cameras around, emailing or uploading images and videos online.

And goes on to say

Every photo, video, and text captured by each smartphone through Color is instantly shared with surrounding phones also using Color. There are no attachments, uploading or post-production work required.  For the first time with Multi-lens, you will finally get to see and keep all photos from everyone at a shared moment, including ones that you are actually in.

One tech site has been calling Color™  the “next Twitter.

So back to the future of news. One has to immediately wonder if this yet another nail in the coffin of professional photography?  And what does this do for copyright? Are copyrighted photographs finally  dead and buried?

Well this his how the process  is explained by

What Happens to the Content?
There has been confusion about where the content generated by Color goes and how is it shared. Are the photos taken using Color archived? [ Color chief scientist D. J] Patil  [formerly of Linked In] explained that if you participate in a Color group, that content is not only shared in real-time with others in proximity to you, it also appears in the ‘History’ section of the app as an album. You can share albums, photos and videos using Twitter, Facebook, email or SMS.

So far, Color has no search or archiving mechanism on its website. So the only way that people who weren’t at an event are likely to see albums is if they’re been shared via the likes of Twitter and Facebook.

It’s just been a couple of weeks, so who knows?  And with a program being described as “miraculous” that is a lot to live up to.  The company also has $41 million in venture capital and the app (for now) is free, so where’s the return on the VC investment?

As for photojournalism, let’s wait and see.  

The company had its first real time use at a movie premiere.

The big test comes in a couple of days, when the Daily Telegraph uses it to cover the Royal Wedding. The Daily Telegraph and all the other British papers and wire services will have their best shooters covering the wedding, so the color crowd sourcing photo sharing will be a fascinating addition.

A couple of thoughts:

Color™  has been promoting at events like concerts, premieres, tech conferences (of course) and family events.

It’s not the best PR, but it looks like Color™  will enhance the social coverage of breaking news.

What if  Color™  had been available during the G20 disturbances in Toronto? During the G20  everyone had a camera or smart phone camera.  All those pictures of both the black hooded rioters and the subsequent police misconduct could have been shared with the participants, the onlookers, the journalists and probably the police photo units from multiple angles in real time,

Or the more recent student demonstrations in London?

What happens if there are people with Color™  equipped cameras during the next major disaster or a terrorist attack?  Or folks in Syria and Libya are right now downloading Color? 

There will be a lot of amazing photos produced on the breaking event. The pros, however, will still be needed to take the iconic images (that is, of course, it anyone wants to use and pay for them).

The one group that is going to be hit hard by Color™  are the paparazzi, already suffering and seeing their income drop now that everyone has a camera. Imagine the big star walks down the street and instead of being stalked by one pap, fifty cameras shoot and share the images.

Who knows. Stay tuned.


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Cassandra contemplates the iPad 1.0

It’s  iPad day in the geek world, April 2, 2010, the day that Apple releases the long-awaited iPad.

Cassandra, is worried, but unfortunately no one listens to her. People should listen.

Millions apparently have already rushed online and pre-bought or pre-ordered an iPad 1.0, just as others lined up for Iphones a while ago. Then from my friends with 3G Iphones, especially those in New York, came the tweeted, blogged and voiced complaints about poor connections to wireless networks and poor battery life if you have too many of those delicious, but power-draining apps.

As for myself,  I’m going to wait and see how the iPad actually works.  Whatever happened to the old adage of never buy Version 1.0 of anything?

Just how good is the iPad battery life?

What about predictions that the iPad will overwhelm bandwidth in some parts of the world?

Just how will the public react to news originally from newspapers, wire service or TV on the iPad?

Will the public pay for news on an iPad? Some media outlets say they will charge for material on the Ipad, others say they won’t charge.   That media question alone will keep economics students writing their Phds long after the current crop of iPads is being torn apart by child labour in some developing world hell hole.

I decided that my own media preview of the iPad was in order.


So through sources on Mt. Olympus (I have family connections in that part of Greece) I asked Hermes, god of both messengers and thieves, to use his skills to obtain an iPad from Cupertino and deliver it to Cassandra, the princess from Troy who had great beauty and the gift of true prophecy but was cursed by Apollo (whom she spurned) so that no one would believe her prophecies.

It was Cassandra who warned the Trojans not to bring that wooden horse inside the city walls.

Her first reaction was, “What do I need this for? Since Apollo’s snakes licked my face, I can see all and know all.”

“I can tell you this,” Cassandra told me in an interview from an undisclosed location. “There will be unintended and surprising consequences from this iPad thingy.

“There was a day like this, not long ago, Oct. 13, 1994, when the beta version of Netscape Navigator was released. I said then that this Netscape would change the entire world within days, and no one listened, and Netscape did, the world, until today, has run on browsers.  Now there are iPads. Of course, I warned Netscape there ain’t no such thing as a free lunch, but did they listen? No.

“Take that all seeing eye, the digital camera.  At first, the digital camera was expensive, and only a few professionals used one. Now millions have digital cameras and it is destroying the world of professional photography– although that world can be rebuilt in time.”

“Some expert last year welcomed the world inside what he called the castle walls of journalism in encouraging ‘user generated content.’     Well the Trojans welcomed that horse, despite my warnings, and we know what happened….

“The city was destroyed?” I asked.

“Oh that too,” Cassandra snorted.  “But can you count just how many bards, poets, writers, artists,  potters,  painters,  historians, archaeologists,  actors, movie makers, TV producers, game designers have been living off that story for the past three thousand years? Not to mention what’s coming up in 2025…..”

“What in 2025?”

“You wouldn’t believe me,  even if I told you.”  .

“So what changes will the iPad bring?”

“Well these ones you will believe because all have happened so many times before.  

“One. The war between the creators of content and the  computer engineers goes on and on just like the wars with the centaurs.  I see no end there. 

“About ten years ago, I appeared in human form at a conference of media executives. I warned them that while they had to spend money on computers, their bards and chroniclers were their most important asset.  Did they believe me? No, they didn’t. Now for every journalist they can out on to the street they have to hire three IT people.   The iPad doesn’t run Flash. That means hiring more IT people to do the same work over and over, while throwing away the people who actually create the content.  But did anyone listen? No.

“Two.  Not all centaurs were bad guys of course, look at Chiron. Some years from now, some kid will find a new and amazing way to use not just the iPad but all the tablets out there.”

“Who, what, where?”

“You wouldn’t believe me. But believe me, that kid will be fabulously rich before he’s 28.”

“Three. A lost or misplaced iPad will be the centre of a major world crisis before the year 2020.”

“What will happen?”

“You won’t believe me, even if I told you.”

“How will the iPad change journalism?”

“There will be a new device, after the iPad. It too will come from a geeky kid, in a workshop, somewhere in the developing world. Even my vision cannot see where or when this will happen.

“The browser, the smart phone, the tablet/ipad, no these will remain but this new, new thing, that will be the most profound change of all. The creators will once again be able to earn their coins. But there will be many more creators.

“Can you tell me some details?”

“You wouldn’t believe me…..”

“What do you think of the iPad?”

“The battery run out too soon.  I asked Hermes to return it.”

“Thank you Cassandra.”

“Thank you. There’s one prophecy you can believe. Copy desks around the world are going to hate the spelling i-P-a-d”

“You’re right. Thank you again.”