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| Aerial Arches fill a big space - Sabe Meyer |
I recently shared some of my thoughts in the BHQ forums regarding intellectual property and the way people have been, in my opinion, overreacting to perceived abuses. Much to my surprise, but also to my pleasure, I was flooded with email from people agreeing with me and even thanking me for speaking up. I certainly don't want to belittle the concerns of those that have been on the other side - the people that have been voicing their concerns over stolen photos and other materials. Those are very valid issues and I feel they should be treated seriously. I decided I should expand on those thoughts a little and write something that would be seen by a larger audience. I'm trying to be fair and showing both sides.
Just to set the scene for those that did not read my earlier note, my concern was that due to all the discussions recently over stolen photos, a large number of people now seem ready to attack anyone that they perceive as having done something wrong. These attacks are done in the name of "protecting" the industry. But rarely does it seem that the "attackers" have actually researched the "infringement" or questioned the alleged thief. And what upset me was to see that others viewing these online attacks also don't seem to question the allegation. They just jump on the bandwagon. As a result, several innocent people are getting hurt. You can read my original note in the forum archive to see two recent examples of false allegations where the accused were able to prove their innocence, only after their names were dragged through the mud.
Moving forward, let's look at the behavior that has resulted in complaints and try to determine what is innappropriate and what should be done about it.
Copying of someone else's photo without express permission is illegal and unethical. "Copying" includes, but is not limited to, placing the image on your own web site (whether by making an actual copy or embedding it in your page while it sits on someone else's server), printing it and putting it in a portfolio or idea book, or emailing it to a friend. It doesn't matter where you found the picture or if you've given credit to the creator. If you want to show someone else's work, offer a link to that person's web site.
Recreating the artwork within someone else's photo may be acceptable, depending on what it is. An example where it's clearly ok to copy someone else's work is the case of a classic spiral arch. This is something that's been taught openly for quite some time. You may happen to like the colors someone used. You can't simply take their photo because the color is appealing to you, but you can create your own arch, matching their balloon selection. On the twisting side, the equivalent would be making a basic one-balloon dog. You wouldn't be stealing a new idea if you made your own dog out of a single 260.
Recreating, bubble for bubble, an elaborate, twisted, 27 balloon turkey, might be pushing the realm of ethical if you're going to claim it's your own creation. But if you make it with your own hands and shoot it with your own camera, you're certainly welcome to use that photo. Variations on this theme would be taking a photo of someone else's work, in which case you own the rights to the photo but the creator may own the content that's been photographed, or creating a replica of something originally created in another medium, like producing your favorite cartoon character with balloons. Those are beyond the scope of this article.
The proper response to finding something you think is an infringement of your rights should be to address the person that's using your property. If what you've found is something you feel is infringing on someone else's rights, bring it to the attention of that person, who can then take the next step and address the person using the photo improperly.
Several things can happen when you do that. You may find out that you were right and that the person just took the photo and used it without asking for permission. Frequently we find out that the person didn't understand when/where things they found online can be used. While ignorance of the law isn't a valid defense, most people, upon being politely corrected, are happy to do the right thing at this point. Why start a fight when you can teach someone what's proper and get it all taken care of peacefully? Alternatively, you may learn that they actually do have the right to use a photo. It's easy enough to ask first.
Balloon Manor completed its fourth year in Rochester, NY. Once again, artists from around the world gathered and contributed to this public event. Since it's my own baby, I want to personally thank everyone that took part. Thanks to all 70 people on the crew, we were able, once again, to construct the 10,000 square foot, 100,000 balloon, walk-through creation. Thousands of people attended over the ten days we were open. We even had people tell us that they drove for several hours to see it after learning about it through national news stories and Martha Stewart.
Unfortunately, BHQ wasn't able to participate in either of the big conventions that just passed, but it seemed wrong to let them pass without at least mentioning them. After a few years of BalloonTown USA, Steve Jones decided to retire that event and try his hand at conducting a decorator convention in its place. The photos aren't up yet, but we're working with Steve to get photos from the event on BHQ. We'll announce it when we have them available.
The Millennium Jam, focusing on balloon twisting and entertaining, just ended another successful year. The convention has been hosted in Belgium since 2000 and has always drawn an international audience. We're looking forward to next year.
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| Simple and festive Ice Cream Cones - Sabe Meyer |
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