Sometimes Photos Are Just Facts, And Copying Is To Be Expected

from the knowledge-spreads dept

Scientific American photography blogger Alex Wild recently wrote about his experience in discovering that one of his photos had been copied by a (now deceased) artist for an illustration that ran in the L.A. Times. In many ways Wild's attitude is commendable: he recognizes that copying is a complex issue, and ends the post with an open question about what's appropriate and how he should react. But at the same time, I think he misses the mark with some of his statements, and focuses on the wrong aspects of copying in making his case for why he feels ripped off.

Wild is an entomologist by trade, who built a photography business alongside his scientific work. The photo that was copied is a fairly straightforward snapshot of an ant:

There can be little doubt that the illustration is directly copied from the photo. But the question is, what creative contribution did Wild make himself? As he says in the blog post:

The sketch could never have existed without my original image nor without my taxonomic expertise in identifying the species. I received no acknowledgement for my part. Somebody else got paid for my efforts, and I got… an excuse to write a blog post, I suppose. What I mean is, I feel like a chump.

But Wild's work could never have existed without the ant itself, and it seems like the primary purpose of the image is simply to document the appearance of the species. Facts aren't covered by copyright, and that's not just a legal nuance, it's a reflection of common sense: just because we observe and collect factual information about the world—even if we are the first to do so—doesn't mean we deserve any control over that information. We may expect to receive a certain amount of recognition, and we may certainly seek to capitalize on the information ourselves (since we are probably in an advantageous position to do so), but we don't get perpetual credit or payment. Knowledge cannot be owned.

What was copied from the photograph was simply the knowledge of what the ant looks like, and indeed the photo contained very little beyond that to begin with. It's a catalogue-style shot in terms of framing and composition, and the few arguably creative choices—the surface the ant is standing on, the depth of field—were not copied at all in the illustration. The only thing that was copied is the photograph's subject, which Wild didn't create. Perhaps it would have been nice if the illustration included a credit to the original photo, but the simple fact is that knowledge about our world is always going to spread beyond such concerns, and that's no reason to feel hard done by.

So I don't think this is really a question of copying art so much as repeating facts—but even from an artistic perspective, Wild goes on to show that he's still open to other thoughts on the matter:

Artists and photographers are, deep down, 90% unoriginal. We borrow each others’ ideas. We forget where they came from. We copy, transpose, modify, build on, and find inspiration from diverse other people. Much of our unoriginality is acceptably divergent, and this is a good thing. Art could not exist at all were all forms of copying verboten.

That's a very refreshing statement. He then says he thinks this instance crossed a line, but his mind isn't entirely made up. I hope that, on further consideration, he'll realize that this is something even more basic than artistic inspiration—it's a proliferation of knowledge about the natural world, and one that shouldn't make him feel like a chump at all.

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  1. identicon
    E. Woods, 18 Jun 2014 @ 1:07pm

    Leigh Beadon's argument, which is also echoed in a lot of the comments, rests on a misguided assumption. Alex's main inspiration for taking the photograph may have been photo documentation, but the description of the image as a "catalogue-style shot" and requiring "few arguably creative choices" grossly underestimates the sheer technical skill and artistic decisions that were involved in capturing the original photograph. Many other commenters in defense of the illustrator went one step further. They praised the artistic merit required to do the illustration and simultaneously dismissed the photo as mere documentation. Implicit in this notion was that the image did not constitute intellectual property warranting protection.

    As a macrophotographer, I can veritably say that the illustration could not have been rendered without Alex's image. The composition, perspective, and posture of the ant are undeniably similar. No artist would have produced the illustration in question simply by observing it. Matter of fact, I would bet that Alex took MANY photographs of this ant, perhaps dozens to 100+, only to produce the exact copy you see before you. I would also bet that Alex's photograph and the illustration bear more similarities with one another than any two photographs he took to reach this final image. This showcases just how unique this image is, even if you don't appreciate it as a dynamic Nat-Geo-like shot. You would not know this unless you yourself tried to photograph a living subject, no less an ant.

    Now some argue that the the lighting is different; I do see this. But I also see that the overall positioning of the reflections on the ant mostly mirror the reflections in the image. The lighting and soft reflections on the ant in the photographer were 110% the result of the photographer's diffusion of the flash, an artistic decision made by the photographer. Again, none of you would know this if you weren't photographers. That said, I challenge you. I challenge you to go out with your cameras and try to reproduce this image, or any other for that matter, and you will not succeed. If more people could do what Alex Wild does, people wouldn't noticeably copy his work...

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