Apple to Pay Licensing Fees to 'Shot on iPhone' Contest Winners After Artist Complaints

[Analog Kid]

Now that everyone has me thinking about this as a business, I have to wonder why these artists aren't paying Apple for the use of their billboards.

Most artists need to rent gallery space, why are they getting this billboard space for free? Are they exploiting Apple because they know Apple will just blindly support their customers?

 

[tridley68]

Now that everyone has me thinking about this as a business, I have to wonder why these artists aren't paying Apple for the use of their billboards.

Most artists need to rent gallery space, why are they getting this billboard space for free? Are they exploiting Apple because they know Apple will just blindly support their customers?

you have a valid point.
[doublepost=1548441085][/doublepost]

Regardless who is submitting, amateurs or pros (artists or not), the content you are creating is yours. And the iPhone is Not doing the work. I do not think the iPhone can take photos by themselves, so your points are ridiculous. And who are you to define who is an artist and who is not? The point is that it is copyrighted.

It is pathetic that a multibillion corporation like Apple is trying to take advantage in order to save money in marketing campaign.

It is pathetic that you are supporting corporations that are trying to RIP OFF artist.

As someone mentioned before, with your criteria that no one is forcing to submitt anything to Apple,
Let's suggest to Apple the new contests they can do in order to save money.
- Contest on programing the next iOS
- Contest on designing the next Mac Pro
- Contest on how to rip future artists and save money on marketing campaigns.

I guess you are the persons that think that music, photography and video content should all be free.
You might as well work for free and get paid with exposure...
[doublepost=1548433570][/doublepost]

And who are you to decide who are amateurs and Pros, and who is an artist and who is not?

My mommy gave me permission so it's all good..

 

[Verita]

Oh good grief. How ridiculous. All because a handful of pro photographers whined on Twitter.

Let’s hope someone steals and profits off your work in the near future. Make sure you don’t whine.
[doublepost=1548442470][/doublepost]

No photographer was forced to enter the competition -- professional, amateur, or otherwise. Complaining about the T&C's after submitting their photos is borderline ridiculous.

You're assuming. They complained before they entered the unfair competition.

 

[Analog Kid]

You think the photos Apple ends up picking will have been shot by a normal everyday person in passing? I doubt it. The cream will float to the top.

If you're a professional, you're less likely to submit work you value to be used for free-- you may find other value in it being used but not being paid for its use runs counter to your status as a professional. If you're a normal everyday person then why not, it could be fun.

This is the point people keep missing. Apple could have commissioned pros to capture professional images using iPhone, and probably even used those photographers names as part of the promotion. Nikon, Canon, Sony all do this.

https://www.nikonusa.com/en/Learn-And-Explore/Nikon-Ambassadors/index.page
https://cpn.canon-europe.com/content/ambassadors/brent_stirton.do
https://imagingambassadors.sony.net

And Apple does make a point of naming the professional photographers that will be judging the photos.

Professional panache wasn't Apple's goal with the contest though. Apple's goal was to say "here's something someone like you submitted to our website".

No one is harmed by photographers convincing Apple to change their mind about their terms and conditions.

This is also mostly true. Amateurs are probably harmed a bit because compensation means more professionals are likely to enter the mix reducing their chances of seeing their works around town-- but the world, on average, isn't much worse off. We're only talking about 10 people, after all.

This really is a lot of noise about the fate of 10 photographs.

 

[sterlingindigo]

So anyone who takes a photo with an iPhone is an artist now?

If Apple uses it in a commercial, yep.

 

[Analog Kid]

Let’s hope someone steals and profits off your work in the near future. Make sure you don’t whine.

I'm not sure you understand how stealing works...

If Apple uses it in a commercial, yep.

I thought that was where the line was crossed from "artist" to "sell out"...

 

[Kaibelf]

It's like doing spec work and not being paid for it.

No, it's not. They weren't compelled to enter this CONTEST that promotes their work.

 

[brofkand]

If you're a professional, you're less likely to submit work you value to be used for free-- you may find other value in it being used but not being paid for its use runs counter to your status as a professional. If you're a normal everyday person then why not, it could be fun.

This is the point people keep missing. Apple could have commissioned pros to capture professional images using iPhone, and probably even used those photographers names as part of the promotion. Nikon, Canon, Sony all do this.

https://www.nikonusa.com/en/Learn-And-Explore/Nikon-Ambassadors/index.page
https://cpn.canon-europe.com/content/ambassadors/brent_stirton.do
https://imagingambassadors.sony.net

And Apple does make a point of naming the professional photographers that will be judging the photos.

Professional panache wasn't Apple's goal with the contest though. Apple's goal was to say "here's something someone like you submitted to our website".

This is also mostly true. Amateurs are probably harmed a bit because compensation means more professionals are likely to enter the mix reducing their chances of seeing their works around town-- but the world, on average, isn't much worse off. We're only talking about 10 people, after all.

This really is a lot of noise about the fate of 10 photographs.

You are correct to be honest. In fact one of the best photographic exhibitions of all time was just that - a collection of photographs from everyday people, curated by Edward Steichen. The Family of Man was the name, as far as I'm aware it's still traveling around the world some 50 years later and the book of the exhibition was (and likely still is) one of the best selling books of photography.

 

[adamski23]

No one forced the individuals to submit photos. It was their choice and by submitting, agreed upon terms and conditions.

I wonder if these same users have Instagram and Facebook. Would they have the same reservations if said entities chose their photos for advertisements?

Is it only a big deal when Apple does it?

 

[Naraxus]

People are forgetting there are legal reasons Apple can't call this a contest. Calling it a contest opens up a whole can of legal worms. That said Apple absolutely should provide some sort of compensation to the artists but this seems more of a mountain out of a molehill thing to me.

 

[LinusR]

Let’s hope someone steals and profits off your work in the near future. Make sure you don’t whine.
[doublepost=1548442470][/doublepost]

You're assuming. They complained before they entered the unfair competition.

What is unfair about this? This is not a commissioned job! They knew they wouldn't get paid! And if they think it's unfair, why would they take part then?

[doublepost=1548445999][/doublepost]

No one is harmed by photographers convincing Apple to change their mind about their terms and conditions.

That is true, but photographers framing Apple as unfair is, as I wrote, ridiculous, as they were not hired nor promised a licensing fee -- and they knew about this prior to taking part in the competition.

 

[Peperino]

If you expect to get paid, you are not an amateur.

So how should Apple do it if they do not want any professionals and/or artists to submit content?

Anybody can submit content. The issue is that Apple should not ripp off neither pros nor amateurs. They should pay the winners accordingly for the rights to use their work, especially considering that is for marketing purposes and billboards. Apple did not do that from the very beginning, which shows how lame they are...

They are charging over $1300 for phones, and they are nickel and diming artists? Pathetic.

Should Apple compensate every programmer for the open source stuff they have used for the years?

Your comparison makes no sense whatsoever. Programmers are "working for Apple". This is a contest that Apple is doing to license from the winners accordingly for the rights to use their work.

 

[Glockworkorange]

Do you think the demo photos that Apple puts on their ads and on the demo phones in stores are made by amateurs?

No, but I also don’t think they’re all the result of a contest. If professional photographers are losing money on this, they’re doing their jobs wrong

 

[ScottishDuck]

Apple spends a lot of money on marketing. Money that goes to many people, including artists.

By sourcing art via this avenue as a means of not paying those artists, the trade as a whole is losing money.

The people ******** on photographers here need to think bigger.

One of the biggest purchasers of marketing deciding to cut costs on procuring art are creating a downward pressure on the cost of said art. It's in the interest of the artists to push back against this, as would be the same of any other organised workforce facing the same issue.

 

[laptech]

Apple spends a lot of money on marketing. Money that goes to many people, including artists.

By sourcing art via this avenue as a means of not paying those artists, the trade as a whole is losing money.

The people ******** on photographers here need to think bigger.

One of the biggest purchasers of marketing deciding to cut costs on procuring art are creating a downward pressure on the cost of said art. It's in the interest of the artists to push back against this, as would be the same of any other organised workforce facing the same issue.

It can cost a company such as Apple hundreds of thousands of dollars to hire a creative media company to come up with photo's/images for a new product campaign. So what they do is spend a few thousand dollars on creating a photo competition where the winner only gets 'exposure' of their winning photo. Apple on the other hand get a free photo they can use however they want. It saves them ton's of money.

It must be noted, companies have been using this method for generations.

Unfortunately Apple supporters are unable to see the 'bigger picture' and role out the same excuse time and time again 'well, you knew what the T&C's of the competition were. You wasn't forced to enter'.

 

[kahkityoong]

If you’re really aware that this is a fun, public contest (and not some professional clearinghouse) then you’re aware that you shouldn’t expect to be paid for voluntary participation in it. Expect attribution and nothing more. Don’t like the terms? Don’t play.

In fact, now that I think more about it, and I’ve read more comments like these, I don’t want your professional shots in there. Let’s see what an iPhone can help Everyman do, and keep the portfolio to yourself.

Don’t worry, no chance that I would be seen entering this kind of competition But having observed many of these ‘fun’ competitions, most offer far better prizes or compensation than this. If much smaller companies can offer decent prizes, Apple looks distinctly tightass.

 

[brofkand]

Don’t worry, no chance that I would be seen entering this kind of competition But having observed many of these ‘fun’ competitions, most offer far better prizes or compensation than this. If much smaller companies can offer decent prizes, Apple looks distinctly tightass.

Apple is truly one of the few corporations smug enough to think that their plaudits are enough. Even Nikon gives away free gear (and cash) with many of their contests, and they are about as customer-hostile as they come in this space.

 

[0947347]

The
You can't buy food with a medal or happy thoughts, takes money for that. I don't work for free, do you?

Maybe not to you, but it is copyright.

Don’t post then.
I didn’t see anywhere “would you like to make a money by taking picture?” part
[doublepost=1548476177][/doublepost]

It's like doing spec work and not being paid for it.

It’s not a work

 

[bobob]

Imagine telling the plumber fixing your sink that you'll pay him in exposure. How fast do you think he'd leave you with a flood in your house? LOL

Incorrect.

If you had access to high profile billboards and other local media to provide this exposure, it would be a far better deal for the plumber than the hourly wage he would have been paid.

 

[NovemberWhiskey]

Regardless who is submitting, amateurs or pros (artists or not), the content you are creating is yours. And the iPhone is Not doing the work. I do not think the iPhone can take photos by themselves, so your points are ridiculous. And who are you to define who is an artist and who is not? The point is that it is copyrighted.

It is pathetic that a multibillion corporation like Apple is trying to take advantage in order to save money in marketing campaign.

It is pathetic that you are supporting corporations that are trying to RIP OFF artist.

As someone mentioned before, with your criteria that no one is forcing to submitt anything to Apple,
Let's suggest to Apple the new contests they can do in order to save money.
- Contest on programing the next iOS
- Contest on designing the next Mac Pro
- Contest on how to rip future artists and save money on marketing campaigns.

I guess you are the persons that think that music, photography and video content should all be free.
You might as well work for free and get paid with exposure...
[doublepost=1548433570][/doublepost]

And who are you to decide who are amateurs and Pros, and who is an artist and who is not?

lol.

Content is not yours if you voluntarily submit it in the contest. That's what the license is for, and that was the center of the controversy (i.e. that there was no cash consideration paid to the artist). That has since been resolved.

But keep on going with your absurd reasoning, analogies, and straw men arguments.

Contest on coding the next iOS. I haven't laughed this hard in a while. thanks.

 

[hans1972]

Anybody can submit content.

Yes, but professional photographers and/or artists should not be allowed to do so. It should be strictly for amateurs and especially for people who do not know how to take a good picture.

The issue is that Apple should not ripp off neither pros nor amateurs. They should pay the winners accordingly for the rights to use their work, especially considering that is for marketing purposes and billboards. Apple did not do that from the very beginning, which shows how lame they are...

They are charging over $1300 for phones, and they are nickel and diming artists? Pathetic.

This is not for artists but for iPhone users. But I disagree with Apple's view also. Artists should not be paid for the work unless you have to.

Your comparison makes no sense whatsoever. Programmers are "working for Apple". This is a contest that Apple is doing to license from the winners accordingly for the rights to use their work.

I am talking about programmers who do not work for Apple, who releases they work as open source, and Apple uses that work for their own commercial gain without paying the programmers since they are not employed by Apple. This happens all the time in the computing industry.

 

[0947347]

Agreed. Imagine telling the plumber fixing your sink that you'll pay him in exposure. How fast do you think he'd leave you with a flood in your house? LOL

How is your example relevant?
If you hire someone tondo something for you, then it is a job. This is not a job offer.
Or do you do a volunteer contest for plumbers in your area?
[doublepost=1548522410][/doublepost]

Maybe.

Still, it’s cheap on apple’s side to get pictures for free. Even in high school photo contests winners get a prize.

Okay, let’s settle for a Trophy Cup then, like the schools do

 

[Peperino]

lol.

Content is not yours if you voluntarily submit it in the contest. That's what the license is for, and that was the center of the controversy (i.e. that there was no cash consideration paid to the artist). That has since been resolved.

Obviously you have no idea regarding copyright.
It does not matter what you submit to a contest. Once you create something, song, photo, video, the owner is the owner.
Now the owner can license it to whoemever he/she wants.
In this case, Apple is forcing all entries to renounce to something they are entitled.
Furthermore what is more pathetic is that a multibillion dollar company that claims to support artists, actually wants to ripp them off in order to save in marketing.
[doublepost=1548535489][/doublepost]

This is not for artists but for iPhone users. But I disagree with Apple's view also. Artists should not be paid for the work unless you have to.

Who are you to claim that artists should NOT be paid? the owners of the context are the ones who created, even if they are amateurs. Apple just want to ripp them off since amateurs are NOT familiar with copyright laws, in order to save on marketing.

I am talking about programmers who do not work for Apple, who releases they work as open source, and Apple uses that work for their own commercial gain without paying the programmers since they are not employed by Apple. This happens all the time in the computing industry.

Your comparison if completely pointless. Comparing French fries with Cars.
Open source code is "Open source". There are libraries Free photos or music to use.
That nothing has to do with acknowledging the owner of the copyrights and paying them accordingly. Which in this case, Apple was trying to avoid.

 

[JTBing]

Being exploited is a prize?

Bud, for a person to have a single photo featured as the primary photo in a marketing campaign by the largest company in the world is not being exploited. If you think that Apple couldn't pay someone to take a better picture than anyone will enter in this contest, you're delusional. That's not why they're doing it, and that's not people should enter it.

 

[Rogifan]

According to John Gruber Apple’s been paying licensing fees for the shot on iPhone campaign all along.

https://daringfireball.net/linked/2019/01/24/shot-on-iphone-licensing-fee
[doublepost=1548543399][/doublepost]

Let’s hope someone steals and profits off your work in the near future. Make sure you don’t whine.

I don’t consider taking a photo with my iPhone “work”. This isn’t a job it’s a contest.