zubkavich ([info]zubkavich) wrote,
@ 2008-05-28 16:22:00
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Media Quicksand
Hearing that the new Dungeons & Dragons 4th edition rulebooks have already been pirated digitally perfect from a PDF print proof two weeks before the books actually go on sale shouldn't surprise me. It's a belly shot to an already struggling industry that's trying to reinvent itself for another generation.

D&D books being pirated isn't the end-all and be-all. It's a blip on the radar. Still, little tangents like this tend to snowball into larger questions for me. In this case, it's about stealing media and what that means about who we are.

Yes, I said "stealing". It's not a protest against Big Media Inc™, "just a sample", "hard to find", "too expensive" or whatever other bullshit excuse you've concocted to justify doing it. Endless perfect digital copies are not the same as demos, cassette mix tapes or photocopies for personal use, sorry. Sampling dozens of products for free and then buying one occasionally if you feel like supporting it doesn't make everything okay either. Go to a library.

Far be it from me to talk atop some lofty perch of puritanical superiority- TV shows, books, documentaries, games and other software all ripple along my network. Even still, it's something I think about quite a bit lately as I get more involved with these industries.

Heavy handed corporations point to blatant and constant theft impacting their bottom lines while they try to tighten their hold even more on the media and its creators, hurting creativity and the source of their material. End users ask for ultimate flexibility in format and distribution and not to be treated like criminals even while they take everything they can get without regard to ownership or morals.

There's an all-pervasive sense of "grab all you can get" because if they don't, then someone else will anyways. The anonymity of the internet makes all of this "acceptable" because there's no one actively standing there telling you not to do it and you're not getting caught.

Our role models and figures of authority are just as flawed and corrupt as we are, if not more so. They've shown us that getting ahead involves breaking the rules, tearing your opponents down and screwing everyone else while not being held accountable. Do what you want, just make sure you don't take the blame if anything goes wrong.

The companies are going insane because you're stealing from them and they can't stop it.
You're stealing from them because they're greedy, faceless and you can get away with it.
Moral integrity not included, on all sides.

It's a snake eating it's own tail.
Make sure you get your fill before it's all gone.

I really hope successive generations emerge smart enough to break this ridiculous cycle. We've done a terrible job so far of teaching them how things should be done.



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[info]freeport_pirate
2008-05-28 09:48 pm UTC (link)
Yeah, this is pretty bad news for WotC. Their marketing campaign for 4E has been poor and now 10 days before launch you can get all three books for nuthin'. Ouch.

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[info]wordwill
2008-05-28 10:19 pm UTC (link)
I've been following this maybe more closely than I need to, because I am always mystified (and frustrated) by the people who publicly pardon themselves by making posts that say: "I downloaded the illegal copies, but it's okay because I didn't cancel my preorder." As if one thing has anything to do with the other.

I have a preorder in for the 4th Edition books. This does not entitle me to the press files.

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[info]gygaxis
2008-05-28 10:33 pm UTC (link)
some good points brought up. I like seeing decent digital distribution channels succeeding (ie: things that aren't DRM'ed. DRM is insulting and literally makes me refuse to use products frequently. As a content provider, it's silly to believe that you can 100% control the distribution path of products in current society, it's just not a possibility for the largest companies much less smaller. Most people that are making a decision between purchasing a digital copy or pirating one are not interested in buying a file that's locked down and virtually useless that they'll have to go through extra obnoxious steps to make useful vs pirated is useful right off the bat.) Paying for convenience is a big thing. I would love to see for example, comic companies distributing comics along a digital channel and at a reduced cost (maybe $.25 less an issue) to get a quality digital copy the same day the print copy is released. 0 Day scans already exist for virtually any good book as is and there are people that want to read the stuff, but not badly enough to drive an hour every week to pick up comics (store doesn't even keep boxes so I could make a monthly trip or etc) which leaves waiting for trades (fine for big books, smaller books like American Virgin may or may not get a trade though) and ordering them from amazon. But that still leaves me with bookcase full of paper to lug around every time I move (averaging once a year or more, frequently across country) And I really don't want a physical copy to carry around, nor to use the resources to produce additional print copies and ship them around the country. None of that is an excuse for pirating it, it clearly is not paying for content that creators depend on for their livelyhood.

Point of the post: I am happy to see drmless digital distribution gradually succeeding and proving a successful business model and I hope that more types of products move to that distribution channel

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[info]zubkavich
2008-05-29 05:34 am UTC (link)
I loathe DRM strategies but I can also see why companies end up trying to implement them. Even when a company plays in "good faith" and has non-locked digital files for purchase, people just rampantly steal it anyways. There's no proof that the average internet user is not a flagrant thief who will take anything they can get for free.

Official 0 day scans on comics would benefit the reader and possibly the publisher but does no favors to the retailers who are still trying to move the physical product. Even if you could prove that the digital versions weren't biting in to their sales (which they very well could), there would be a lot of animosity/backlash from retailers (the dependable source of their income) in order to test out a digital distribution method (an untested and risky source that may not equal income). In the current market it doesn't make business sense to do that.

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[info]gygaxis
2008-05-30 01:35 am UTC (link)
not to mention DRM is a waste of resources to conceive and impliment

Not screwing over comic shops is the hardest part of that debate as far as I can tell too. You're a lot better equiped to estimate the reactions to ideas than I am, so what are the chances that offering an option to have a subscription delivered either with print or digitally? It's the least intrusive way to test the waters as subscriptions are already primarily serving non-comic store patrons who are still comic purchasers.

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[info]pamola
2008-05-28 11:21 pm UTC (link)
I have wondered about 4.0 and how well it will succeed. The boy and I played D&D Miniatures which was a nice strategy game, but has been changed to a much simpler game with the release of 4.0. Actually I think this is a good move to make your intro game (D&D Miniatures) more compatible with your detailed game(D&D) and appeal to as large an audience as possible. However it is not the game I came to enjoy. To bad on the manuals, I wanted a SRD like they did for 3.0 and 3.5. I doubt that sort of thing is going to fly in this climate. We weren't going to buy the manuals as we were fine with 3.5.

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[info]dark_tiger
2008-05-29 12:02 am UTC (link)
Noting that what you have said is correct, I feel that you've overlooked an important point. The sale of about 7/8s of RPG books is about convience, not getting the information. A group needs one set of books total, yet about half my group has the core books. Quite frankly, it's easier for me to bum a copy off a friend than find something on the comp, so why would I be less likely to pay for the book? The diffrence in price for me to print a pdf vs just buying the thing is more than worth the cost of binding to me.

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[info]zubkavich
2008-05-29 05:25 am UTC (link)
For many of the RPG people I know, having a search-able PDF on their laptop is even more convenient than the bound book version.

I'm not saying that these PDFs will kill all sales or something like that. Some may sample D&D through this and purchase it later on. Other fans of 3rd edition who pre-ordered the book may cancel after reading in advance and seeing that the rules changes are too severe for their taste.

In either case, WoTC should have at least had the ability to release their product without this kind of brutal leak. All this will do is help convince Hasbro that the already struggling tabletop RPG market is not worth their time and money. Licensing the D&D brand for video games or other media is easier than having the product constantly stolen out from under you while the market for the original product shrinks.

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[info]howardtayler
2008-05-29 08:28 am UTC (link)
All this will do is help convince Hasbro that the already struggling tabletop RPG market is not worth their time and money.

THAT's the immediate danger.

The more long-term danger, and the one you point up in your original post, is that our generation is going to have a hard time teaching any sort of morality to the next generation if we kill all of our best creations by stealing from their creators.

People who like recycling in order to save the environment should also try being honest in order to save humanity.

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[info]whisper_jeff
2008-05-29 12:58 pm UTC (link)
I'll refrain from commenting on your original post because I suspect we have very different opinions on the subject so it's best to say "agree to disagree." But, you mention something here that I do want to comment on.

All this will do is help convince Hasbro that the already struggling tabletop RPG market is not worth their time and money.

D&D will always be worth Hasbro's money, regardless of how well the tabletop RPG industry does. D&D isn't about the RPG. It's about the IP. D&D _as a brand_ is worth an enormous amount of money. As an RPG, it has a debatable value and one that is probably in decline over recent years, but as an IP, it has enormous value. Novels, spinoff games, toys, movies, etc., etc., etc. Hasbro isn't publishing an RPG - they're developing a brand IP.

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[info]zubkavich
2008-05-29 01:05 pm UTC (link)
I've got you on my LJ Friends list so I know your overarching opinions on this stuff. I tried to level my criticism at both sides of the argument. Both companies and the users are being immoral about their treatment of the media and its creators.

Agreed that the IP of Dungeons & Dragons is always worth something to them. My worry is that the tabletop RPG aspect will just be phased out because of the hassle/low profits involved.

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[info]whisper_jeff
2008-05-29 02:59 pm UTC (link)
Well, as we said in the discussion on my page, we both agree that the treatment of creators is simply wrong. Now, I'm not saying that multi-millionaire musicians who turn out crap music deserve more money, but the amount of money that content creators get paid versus what music companies (for example) get is simply wrong. It's one of the reasons why I've been trying to go see more concerts lately - that's money that goes primarily to the creator, the one making the content. It's my way of showing "big media" what I think of the current situation. It's my way of standing on my moral high ground.

As for D&D, there's always been the danger that it'd be swept away in the Hasbro era. I doubt there's much to fear solely because they'll view any losses they take in supporting the RPG as "R&D" expenses in developing the brand IP. I believe D&D is safe. Other companies, however, have a lot to fear as the market continues to slowly shrink, but I think D&D is safe for many years to come.

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[info]zubkavich
2008-05-29 03:31 pm UTC (link)
When I analyze this stuff in depth I do think it's wrong to scale morality against the size of the victim, though it's natural to do so and I'm not immune to it either. Saying that it's okay because Hasbro may swallow the costs doesn't answer the moral question, it just obscures it.

Absolutely creators should receive a bigger piece of the pie. Again, stealing the content isn't going to achieve that aim in any way, shape or form.

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[info]argonel
2008-06-08 11:11 pm UTC (link)
I think the success of the books at the launch show that the PDF leak didn't really hurt sales. I heard that the book were sold out and going into a second printing prior before the June 6th launch date. However I think it is going to hit their online D&D initiative very hard. The leaked PDF files will be directly competing with the online access to the books and it is very hard to compete with free.

If the D&D Insider program has good online gaming tools, and well written dungeon/dragon style articles to go along with online versions of the books it may be successful. If not, it may wither and die or even be canceled before it has a chance to develop an audience.

They have already developed a measure of ill will against them for the way that the terminated the licensing of WotC IP for Dungeon and Dragon magazines and the licenced data sets for PCGen that Code Monkey Publishing was selling.

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[info]madmanofprague
2008-05-29 06:29 am UTC (link)
RPGs are a very weird case in the history of entertainment; what's usually monetized by producers is participation in the actual event, which, in this case, would be playing a session with some people. The RPG industry is comparable to a bizarro-world music business where the only things sold are how-to-play videos and sheet music.

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[info]jedi_ninja
2008-05-29 12:15 pm UTC (link)
I can't say i'm too surprised it seems most of the D20 books in the last year have had a high end PDF file leaked to the internet download community. Not that I advocate stealing media in any format, but I can understand the reasons behind it. I know a lot of gamers and I have to say we're not a wealthy people and the thought of dumping $120.00 or more on the core books you may or may not even like is a reason for pause. That may not sound like a lot of money to some people but I know a few who would consider that to be a big expense, and I can't see how most Junior high or high school students would afford it easily. Gaming is becoming an expensive hobby I know I'll most likely be the only guy in my group to own the core set until we've given it a fair chance.

I'm sure there is a large chunk of downloaders who could afford the books but won't buy them anyway but I do think affordability is a factor. To be honest I prefer a book I can flip through to a PDF on my laptop any day I guess I'm just an old school gamer that way.

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[info]zubkavich
2008-05-29 12:22 pm UTC (link)
I guess it's how you spin it. $120 sounds like a lot, but most high schoolers and college kids I know have a pile of $50 games for their consoles. The money is there, there's just more ways to spend it than ever before.

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[info]jedi_ninja
2008-05-29 03:47 pm UTC (link)
Yeah that's a good point, I'm just probably out of touch on that subject I know when I was that age I was skrimping to get comic book money, but now I see kids with the latest game consoles and cell phones I guess times have changed. Hopefully people invest in the books, I've never really looked into how much downloads affect the bottom line I know most hobby shops or comic stores are having troubles with people not buying RPG's because they either download or buy online for less that cover price.

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[info]adamjury
2008-05-30 01:51 am UTC (link)
In addition, you can play most RPGs without buying any books, simply by talking to your GM/other people in your group, maybe borrowing the book, reading the relevant bits when you're at their place ... sure, it's not quite as convenient, but I don't think the monetary barrier to entry is as high as you're making it out to be, especially as a player.

For most popular RPGs, you can get well exposed to them without having to download anything that the publisher doesn't approve of -- free introductory downloads, borrowing the books, playing in games before owning the books, etc. You're still going to be "allowed" to play if you wait a few weeks for the 4e books to come out, hit the stores, and for you to talk to/read the opinions of some of the early adopters that you trust.

June 7th is Worldwide D&D day. Plenty of gaming stores will be running demos and other D&D games that day, almost all of them with no entry fee and no purchase required.

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[info]jedi_ninja
2008-05-30 11:47 am UTC (link)
Good point, I think you're right most people will likely be buying only the PH or just borrowing it for character creation and that's it.

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[info]adamjury
2008-05-30 10:47 pm UTC (link)
That said, once I think you've played 2 or 3 times, and "invested" 10 hours or so into the game ... almost any gaming book is a steal from a price:enjoyment ratio.

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[info]jedi_ninja
2008-05-31 12:25 am UTC (link)
True, I really hope the downloads are fueled by uncertainty over the new rules and that fans will support the game and keep it going.

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[info]adamjury
2008-05-31 01:33 am UTC (link)
Well, it's not like downloads of RPGs are a new phenomenon. Everything remotely popular is available, and that's never going to change.

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[info]wordwill
2008-05-29 04:24 pm UTC (link)
I'm not sure who's spending $120 on the core books. The lot of them is going for the cost of an Xbox 360 game on Amazon and at various other sellers: $55-65. That's a big difference.

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[info]jedi_ninja
2008-05-30 12:07 pm UTC (link)
I was basing that on WOTC charging the usual $40 CAD per core book so paying cover price that works out to around $120 + tax for all three. Honestly I didn't check Amazon to see what they were offering because most gaming stores won't match their prices, and I was assuming that not everyone is going to be able to buy online (too young to get a credit card or bad credit etc.). I think that likely it's a very small percentage of downloaders are doing it out of financial concerns, most people will take something for free if they can get it just because they can I was just offering up an optional explanation.

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[info]ambyuler
2008-05-29 03:25 pm UTC (link)
Obviously this has less to do with the D&D situation than it does with the "moral righteousness" of "copyright theft" on the whole, but I want to put a little seed of thought in your mind. Where is the creators responsibility in this? Why only the mention of the media corporations/distributor and downloaders/consumers? Establishing safe ways of sharing your content is your own responsibility... either through building trusting business relationships with the people who will have access to your printable PDFs or finding safer ways of encoding and protecting your unpublished materials. This is not a hand-in-the-cookie-jar situation. As someone who creates content myself, I find it irresponsible and naive to try to push off the safety of your own work to middle men. If anything, you are getting free publicity.

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[info]epplegacks
2008-05-29 03:31 pm UTC (link)
I also like how someone who gets content illegally, i'm not going to pretend it's not illegal, are suddenly a criminal branded for life. I also create content, and it strikes me that we shouldn't assume potential customers are criminals.

I work in the adult industry which suffers more from piracy than the music, movies, television, and publishing business combined; but instead of worrying about the people stealing our content, we focus on the people who are paying for our content and making sure they have the best experience we can give them. Funny how even in a downturn economy where you think porn would be the first thing you'd drop to tighten your budget, our sales are up.

I also just bought the new Ladytron album three times, once for myself and twice as gifts for friends. That's because it was easier to do it on iTunes than it would've been in a store or in other online retailers. If the new Ladytron was out and wasn't on iTunes, no offense bit torrent is just a click away and has much greater selection. That it's free is secondary, fact is a lot of time torrents are better experience of consuming content than what most content producers big and small are currently giving us.

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[info]zubkavich
2008-05-29 03:40 pm UTC (link)
I don't want to assume customers are criminals or lock up every downloader. If that's how my rant came across, I'm sorry.

Creating strong customer experiences on the web works great for smaller companies like a high quality web comic or solid porn site. It's a model that's harder to sustain with mass media and larger budgets. iTunes is an exception to the rule at this point, unfortunately.

Radiohead opened up their new album online to everyone for whatever they were willing to pay. Even with that broad gesture and not treating their fans like crooks, more than 60% chose to pay nothing for the album and the majority of the rest paid less than $5. The only reason the album release still worked was because of Radiohead's massive fan base and the media spotlight centered around that unique launch. As a sales structure it was a failure.

That may sound like I want to call everyone a criminal, but it's more a reflection of human nature. People will be immoral more often than not if they feel they can get away with it unharmed. That's the unfortunate truth of it. It makes me appreciate supportive fans that much more but still frustrates that the average person is so selfish, myself included.

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[info]epplegacks
2008-05-29 04:20 pm UTC (link)
And that's the fundamental issue: you look at it as people will be immoral if they can get away with it, I look at is people will pay what they feel it's worth.

If you offer your stuff for what people want to pay, with free being an option, then they aren't immoral for picking free. They fact that anyone paid is a testament to the fact that at least one out of five people (based on the 60% number which I haven't verified) looked at something they could've downloaded for free and decided they would pay money for it. It had value to them. They did not default to being immoral.

With technology allowing pristine digital copies now, it also allows album production to be significantly cheaper. Trent Reznor recently released what would be the equivalent of a two disc album for $5 off his site and for free over bit torrent, as well as a variety of signed copies and specialty vinyl versions, which made 2.3 million dollars in the first few weeks it was available for download. Despite his previously established fame, that was far more than the cost of producing the album and really quick turn around. If an indie artist did something similar, so what if it took months instead of weeks and so what if it was tens of thousands instead of millions? People paid what they felt it was worth, and if they didn't feel it was worth anything they didn't pay. By your logic the fact that he made any money is a miracle, since the option to get it for free was there. Also note this doesn't count any sales from touring or licensing of that content.

Right now we're on the edge of where the old business model is going to change, but there wouldn't be an entire generation of people going to bit torrent as their first port of call for acquiring content if businesses big and small had figured out consumer trends when they were changing a decade ago and changed with them.

People were, still are, and forever will be willing to spend money on things of value. Your example and mine both show that when people are given the option to get stuff for free, some will still pay. You need to target those people for whatever your product is and cater to them. Saying they're criminals, "immoral", or whatever word you use to describe them is putting the blame on the wrong person/people completely. And that's my issue with your post.

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[info]zubkavich
2008-05-29 04:32 pm UTC (link)
I think you've raised a LOT of great points here, seriously. Lots of aspects for me to think about and read up on.

You and I definitely had a "glass half empty" vs "glass half full" approach on the Radiohead numbers, which is very interesting. It really can work both ways. I've been looking at the half that aggravates me instead of the half that carries through. I think my normally positive outlook was subverted by frustration at the whole file sharing situation and a feeling that content creators are getting screwed from both ends (the companies and the customers).

I appreciate you swinging by and posting your thoughts. Good discussion.

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[info]epplegacks
2008-05-29 05:09 pm UTC (link)
I hope I wasn't too harsh. It is very frustrating to work long hours and meet deadlines only to see my work appear on some tube site, so I understand getting aggravated. But you've got to treat the up-trend in piracy as a competitor instead of an attack.

iTunes proved that if you provide a a better service than piracy then people will pay. Systems like hulu which force users to watch Battlestar in a web browser instead of from their couch or on their iPod or PlaysForSure which won't let you listen to or watch things you've paid for if a server goes down or your internet connection hiccups are not better experience, so it's no wonder consumers use other options even if those options aren't legal.

Thanks for the post, because like you it's nice to have ones opinions challenged. Whatever solves this issue for content creators and content consumers at the end of it all, let's just hope it gets solved period and we don't end up in a weird circle jerk which stunts creativity and the ability for creative people to live off their work.

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[info]eric_williamson
2008-05-29 11:38 pm UTC (link)
I think 2 points are missing.

IP protections work best when they are limited in duration. The current corporate squeeze of IP protections (copyright, trademarks, and patents) has created a barrier to reuse and enjoyment of older IP. If the framers of the Constitution in the 1780's during the first Congress thought 14 years was more than enough time to derive profit from your IP, why do creators now need life plus 70 years to make money from their IP? IP used to be controlled by the very difficulty in reproducing and distributing it, yet even with that attendant difficulty people have made money off their IP for 200 years. The length of time and control of IP shouldn't go up with the increasing ease of reproducibility. Rather, the reduced overhead cost is known to most consumers (consciously or not) and factors greatly into the calculation of value.

Second, as epplegacks pointed out, ease of accessibility to the media is certainly the rule to success in distribution in the era where ease of reproducibility has increased. Companies that create onerous distribution schema hamper their volume. Over the past century the masses have inculcated the idea of economies of scale, and the increased ease of distribution certainly leads to expectations of economies of scale in the purchase of IP.

I believe in moral rights for creators, but I think the changing nature of "property" much less "intellectual property" and it's embodiments means that the model built up since media was first created has to necessarily change. The most comparable historical change would have to be the creation of easily reproducible books at the beginning of the Renaissance. If the previous producers of books had managed to stifle the easily reproduced and cheaper books, would the Renaissance have happened? Would we be as well off overall as we are now as a society?

Anyway, I wrote my JD cert based on the axes of intellectual property right as mapped onto physical property rights, so apologies if I rant.

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[info]beithgrove
2008-06-08 04:19 pm UTC (link)
I know I'm not commenting directly to the subject matter, but you twigged a very recent conversation with my parents about a similar ethical issue. We recently had some family photography done at my grandmother's house (16 of us: grandparents, aunts, uncles, cousins, two kids and a dog... pretty big shoot all things considered) she came out to the farm for two hours, for which she was paid a sitting fee. Soon she'll have her digital images available on-line so even the family who've gone back to BC can see the proofs and make their own orders. It turns out in her list of packages, she offers a cd of all images for $130. You can still order any enlargements you'd like (in my opinion still superior to home printing in terms of frame-worthy quality and archival quality.) But it seemed they'd been tossing around the idea of buying ONE cd and sharing it around to *everyone*. As far as I'm concerned this is a huge insult to her professionalism... having shot high quality photos in multiple variants, so we can ALL make a few great choices. It seems to me the actual PRINTS are her bread and butter (not "well, we've already paid her a sitting fee...") If you want Walmart pricing, go to Walmart, don't call in a professional who will do high quality creative work and then shit on her in the end! (Y'know?) They seemed baffled that this was an "Ethical Issue." (Speaking of a generation of taking advantage in the grey areas when we can "get away with it" ...it seems it's not just our AGE group, it's a symptom of our TIMES - and I don't like it one bit!!)

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