Protect Intellectual Property Online!
I am a street photographer in New York City. Several months ago, I was approached by a representative of DKNY who asked to purchase 300 of my photos to hang in their store windows “around the world.” They offered me $15,000. A friend in the industry told me that $50 per photo was not nearly enough to receive from a company with hundreds of millions of dollars of revenue. So I asked for more money. They said “no.”
Today, a fan sent me a photo from a DKNY store in Bangkok. The window is full of my photos. These photos were used without my knowledge, and without compensation.
I don’t want any money. But please REBLOG this post if you think that DKNY should donate $100,000 on my behalf to the YMCA in Bedford-Stuyvesant, Brooklyn. That donation would sure help a lot of deserving kids go to summer camp. I’ll let you guys know if it happens.
What happened to one of my favorite photo bloggers here on Tumblr, humansofnewyork, is unethical, illegal, and downright wrong.
Here’s the reasons why:
- Copyright- U.S. Constitution, Article I, Section 8, Clause 8- “to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries”
- Copyright Act of 1976, Section 102- Protection subsists in “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced or otherwise communicated, either directly or with the aid of a machine or device.”
Therefore, per constitutional and statutory law, humansofnewyork would have the right to sue, under the grounds of copyright, for their intellectual property. The very nature of the situation proves three important facts that would justify humansofnewyork winning said case, if ever taken to court:
- These photos are a unique, original set of creative work authored by said blogger.
- They were published in a “fixed, tangible medium”—the internet.
- Permission to used said stolen photographs was denied. Therefore, ownership of the property belong to the blogger.
humansofnewyork is not going to court, but merely asked one thing of us all. Per its request, and the help of rebloggers everywhere, humansofnewyork convinced DKNY to at least have the decency to apologize and donate their profits to the charity chosen by this amazing, yet exploited blogger.
Please spread the word and the story to prevent future injustices of this kind.