7 ms·
An open response to Taylor Swift's rant against Apple
- jblow 11y agoAny reply like this, that does not consider the differences between recorded music and photography of human subjects, is neither thoughtful nor genuine. There is some kind of a point here, but it's ruined by the author's lack of perspective and desire just to land a gotcha.
- peteretep 11y agoCould you summarise the important differences as relate to the issue at hand?
- slg 11y agoNot jblow, but here are the major differences from my perspective. The photographers are paid for their work upfront. They are not doing it for free, they just need to ask for consent before using the photos for any secondary purposes outside of their immediate project. Apple is not paying anything upfront and won't pay for any streams in the first three months a customer is using their service. Taylor Swift also does not get to use the photos without consent from the publisher. Unlike Apple, she does not get to use them to make money or as a carrot to attract future customers. Finally the photographer's art would not exist without Taylor Swift. I don't think it is unreasonable for her to therefore claim some joint ownership of the work. Unlike Apple which only plays the part in distribution of music and not the creation.
- sitharus 11y agoAs seen in the recent update to the article, he is not paid upfront. Payment only occurs if and when that single contracted use is made. Given there's no guarantee of publication and no up-front payment this is quite a different dynamic.
- slg 11y agoYou are right, that does change the dynamic. However, I think that is more a dispute between the photographer and the publisher than the photographer and the musician. It isn't Taylor Swift's fault that the photographer agreed to do commission work without any guarantee of being paid.
- notacoward 11y agoThe relationship between Apple and Taylor Swift is of distributor to artist. The relationship between Taylor Swift and a photographer is of subject to artist. That's pretty significant, even beyond the already-noted aspect of who is paying whom (and when).
- brobdingnagian 11y agoHer whole statement just smelled funny. You typically don't get rich without being good at exploiting people.
- dibbsonline 11y agoTypically you only make broad generalisations when you don't know what you are talking about.
- brobdingnagian 11y agoI see that people here aspire to become rich and don't want to think of themselves as exploiting others when they do, and they don't want to think of themselves as exploited right now. And yet, I wonder how much of this crowd would vote to tax the rich because it's exploitational. That's called hypocrisy.
- glhaynes 11y agoHis point may be a good one but he does it a disservice by framing Swift's letter as a rant, which it very certainly was not.
- hirsin 11y agoIndeed, the way she used almost every other sentence to applaud Apple was the most telling bit. The fear that she could be slapped down for this felt quite apparent to me - I can't imagine what it's like for a new artist.
- RexRollman 11y agoAgreed. I read her statement and I do not feel it was a rant.
- girmad 11y agoI'm not sure I follow this.. The photographer's getting paid up front, right?
- ricardobeat 11y agoMost photographers are self-employed and license their images for use by third parties. Even if he was an employee, the reason he gets paid is that his employer earns money from publishing rights.
- etimberg 11y agoIf so then I don't see the problem. However, the document reads as if this is an agreement for photographers working for the media. But in that case isn't the photographer paid for the photos by the group publishing the photos?
- fezz 11y agoUnder almost all other circumstances, photographers own the rights to their work.
- vacri 11y agoWhich isn't true. One of my friends recently had some portraiture done for free, with the condition that the photographer owns the rights to the photos and can use them for marketing. Recently on HN there was a similar story, where a family had reduced-cost portraiture done so the photographer could maintain rights - the story was that those photos then ended up as part of the pro-life abortion debate, which they did not agree with. Taking commercial photos in a private setting usually means you've got to get permission of the subject. This is where this photographer's rant falls down. Apart from the fake respect (it smelled too much of "gotcha!"), the photographer is missing that the human subject matter of his photos also have rights. Music doesn't have an analogue.
- bnj 11y agoTo be clear, photographers own the rights to the work they create. The reason deals like those you've mentioned exist is because photographers who want to use images to profit commercially often need the people pictured to sign a photo release. Generally speaking, the "human subject matter" in the images don't have an abundance of rights, especially if the photographs are taken in public. Some places have "rights to publicity", which apply to people like Taylor Swift, who can expect to profit from photos of herself and so has a financial interest in controlling those images. This principle doesn't apply to the general public. The photographer in this argument is comparing the behavior of apple, who seeks to make artists bear the cost of their free trial, with Taylor, who's licensing agreement prohibits photographers from selling licenses to their work in the manner that they usually do. There are a lot of valid perspectives on whether each of these beahviors is above board, but both are very much about a big entity acting to control and profit from the works of smaller artists.
- Shivetya 11y agoFrankly if Apple refuses to sell your music because you refuse to allow them to earn off of you for their free trial then Apple is guilty of coercion and needs to be slapped down. I would cheer to see a suit against them for this action. Free trials are supposed to be at the expense of the company peddling a service, not the people who provide the goods the service profits on.
- deleted 11y ago[deleted]
- GuiA 11y agohttp://www.macrumors.com/2015/06/19/apple-not-coercing-indie-artists-apple-music/ http://www.macrumors.com/2015/06/19/apple-not-coercing-indie...
- Dylan16807 11y agoHow is it different from any boring publishing contract that gives the publisher price control? Refusing to sell someone's product is not generally considered duress.
- ticviking 11y agoFrankly. If that is what the contract says it's what you agreed to. Sell elsewhere if you don't like it. Taylor Swift is actually in a position to do something about that. Instead she whined because she didn't like a contract after it was signed.
- _red 11y agoActually, you're wrong, she's not "whining after the fact" Taylor Swift did not agree to the contract. Hence why she is withholding her music. Unlike many other artist, she holds the right to negotiate her streaming contracts directly.
- ticviking 11y agoI know it's been days, do you have a source on that? It radically changes the situation and my opinion.
- pupppet 11y agoLike this guy can point any fingers. Photographers and musical artists belong to the same group- people expecting a perpetual payoff from a comparatively absurdly small effort.
- TheOtherHobbes 11y agoYou have no idea how much work is involved in becoming a creative professional. If you think it's easy, try it. Don't forget to let us know how successful you are.
- pupppet 11y agoI can both appreciate their work and not believe their profession deserves a free ride.
- TheOtherHobbes 11y agoIn what sense is getting paid for copies of a creative product any more of a free ride than app builders getting paid for downloads or web app builders getting paid for adsense impressions?
- coldtea 11y ago>comparatively absurdly small effort Comparatively absurdly small compared to what? There are photographers risking their lives covering wars, and there are musicians practicing and working harder than any keyboard jockey...
- vacri 11y agoThe photographer is missing that the difference is that Swift is trying to maintain control of her image. The photographer selling the image is always going to have Swift in it. And if the image is taken in a private venue, then. well, photographers do have to get their subjects' permissions, which is not new. The photographer's work in this case is not purely valuable because of the photographers skill, but also significantly because of its subject matter.
- bnj 11y agoPhotographers only need to secure permission from subjects if the person is not in, or viewable from, a public place. If you don't have a reasonable expectation of privacy then there's nothing you can do about being photographed. This is in the US and Australia, at least. There was some irregularity depending on state but AFAIK it's reasonably uniform terriotory now.
- vacri 11y agoThen I wonder why concert venues have press passes, if the photographers are working from a purely public place?
- seanflyon 11y agoAre concert venues public places?
- jasode 11y agoNo, they are not. (Unless the concert venue is on city-owned land such as a public park.) Grocery stores, shopping malls, and hotel lobbies & conference rooms are not public places either. The confusion about "public" stems from casual usage vs legal usage. casual: "I can't be seen in public without my makeup and bra." In this case, "public" just means the opposite of "not at home." legal: The boat dock is public property but the restaurant at the shore is private property. You can shoot photographs at the dock but if at the restaurant, if management asks you to leave because you're snapping photos, you are required to comply.
- MichaelCrawford 11y agoThe corporation is not what music is for. I am a musician and I find apple music deeply disturbing.