Many look at the success of projects like the Humble Indie Bundle and look at it as the savior for an entire industry. The same goes for Radiohead’s experiment with “In Rainbows” (though that may be a bad example).

On some level, this makes sense, if Trent Reznor can shun the record labels and release his music for free, why can’t other musicians? Likewise if, Minecraft can sell millions copies even as its creator makes it clear he isn’t worried about piracy, why can’t other video game developers do the same thing?

The obvious answer is that they can, but what isn’t obvious is that it doesn’t mean its the right move. While there are a lot of reasons to be optimistic about new business and distribution models, that optimism has to be tempered with some sanity and reason.

After all, every content creator is different. While that means there are a lot of great opportunities, it also means that following in the footsteps of those who came before is not a sure-fire way to success.

Every Type of Content is Different

Ponder this: Do musicians face the same type of copyright challenges as photographers? Do moviemakers have the same copyright concerns as book publishers? Of course not.

The medium that a work is in changes it faces including the kinds of infringement it will likely see, how much of that infringement there will likely be and who will be doing the infringing. It also changes how a work is sold and how it is consumed, raising different business opportunities and challenges.

Though digital media has added some consistency (after all, everything is in bits now), there are still great differences in how content is sold, consumed and infringed. That alone makes much of the advice for one industry useless to another.

Every Creator is Different

However, even within the same industry there’s a lot of difference between the creators within it. Does an upstart band gigging in small clubs have the same worries as an established act already on a major arena tour? Does a novelist who just wrote their first book have the same concers as one who is working on their 20th bestseller? Definitely not.

Creators are in every stage of their career, from upstart to retirement. They range from well-known names to nobodies seeking to get noticed. Each creator has a different sets of needs and goals.

A system to meet the needs for one artist may be counter-productive for the one that’s next to them. You can’t tell an upstart metal band they need to obsess over piracy any more than you can tell Metallica they need to worry about getting their name out there. It simply doesn’t make sense.

Every Audience is Different

Should a children’s book author treat their work the same as a romance author? Do heavy metal acts have the same problems as folk acts? Does a pinup photographer have the same concerns as a landscape photographer? The answer, once again, is no.

Every artist is creating content for a particular audience and those audiences, whether broad or narrow, are different from each other. A book written for an elderly audience isn’t going to face the same challenges as one written for a tech audience.

Different audiences interact with content in different ways, this changes both how an artist can sell or otherwise profit from a work but also the copyright challenges it will face. This means an approach that goes well for one audience will likely flop with another.

The Common Themes

For all of the differences, there are a few common themes between all content creators. However, for the most part, they’re very broad points that don’t lend much developing a strategy that works.

1. Turbulent Times: For everyone, these are strange times. The Web has changed the way people access and use content. While some are more vulnerable to others, everyone has to decide how digital media has changed their position.
2. Rewarding Innovators: Across the board, people who take innovative approaches to the business models that surround their work. Those who try to follow the footsteps of others, usually, end up not doing as well.
3. The Allure of Free: The allure of free didn’t start with the digital age but it certainly made it easier to tap into. Free things spread faster and, online, that can be almost instantaneous. Finding a way to integrate free into your product (though not necessarily giving everything away for free) can be a great start.

So what does this mean for you? Probably not much. But it can be a starting point for crafting your own strategy to navigate these murky waters.

Bottom Line

In the end, it should be very clear that your situation is different from everyone else’s. Attmpting to copy someone else’s formula is not likely to yield much success as not only is it innovators who get the rewards but, more importantly, their strategy likely doesn’t apply to you.

That being said, there is a lot of reason to get excited. With digital distribution, the ways you can profit from your work are limited only by your imagination and copyright gives you the tools to control how your work is being used and exploit it the way you see as best fitting for you.

However, the conversation needs to slip away from the “silver bullet” business model ideas many love to throw around and focus on finding more narrow strategies that work well for individuals an companies. This is something I do as part of my consulting practice but I am also seeing more of on sites like Techdirt’s new Step 2 site, which encourages consumers and creators to discuss opening winning strategies.

Though I disagree with much of what Techdirt has to say on the issue of copyright, this exploration of business model ideas is an interesting one and one that I encourage.

After all, any solution is going to come from a combination of business creativity, technology and law. Without one, the other two are completely useless.

The reason is that the copyright realities of the Web for an individual photographer (or any visual artist for that matter) are pretty grim. Images get passed around a lot, attribution is routinely lost and there isn’t terribly much hat an artist can do.

However, as I talked about in my recent copyright webinar, there are things that photographers can and should do to protect their work online. Unfortunately, most of those steps need to be taken before an image is placed online but they are all steps that, with a bit of planning and work, can make the situation online much less grim.

So here are a few tips for photographers to help keep themselves sane when navigating the world of copyright online.

1. Never Release a Pic Without a Watermark

No picture should leave your computer without a visible watermark on it. Ever. You have to operate under the assumption that your images will be lifted at some point and do your best to make sure that the attribution for them is carried wherever they go. Unfortunately, few people check metadata, which is easily stripped regardless, and a visible watermark is simply the best protection.

The key, however, is to find a balance between noticeability and interference. This is a tough balance to strike, but can be done with enough work.

2. Don’t Forget the Metadata

As true as it is that metadata, whether EXIF or IPTC, might be stripped out, it might not. Don’t forget to ensure that every photo you put online has this data attached to it. This should, at the very least, include copyright and author information, enough to verify that the image is yours if needed and make it easy for someone interested in the photo to trace it back to you.

3. License and License Well

No matter what the terms of use of your images are under, it’s important to make their license clear and put it on every page of your site. With Google, visitors don’t come in through the front door and they won’t click to read your dedicated license page. Make the terms plain and clear and in a place where someone who just stumbled across the image will see it. The odds of the license being followed go up dramatically when it’s clear and visible.

Also, be sure to avoid both industry and legal jargon as they only serve to confuse further.

4. Search for Your Images Regularly

You most likely know what your most popular images are and it makes sense to see where they are being used. For quick searches you can use an image search engine such as Tineye. If you want a more complete solution but are on a budget you can use ImageRights (previous coverage) or SignMyImage (previous coverage).

For a more advanced system, considering either Digimarc (previous coverage) or Picscout (previous coverage).

The main thing though is to use these tools first and foremost to understand how your images are being used and then make decisions about if and how to respond.

5. Focus on Bad Actors

As you start exploring how others are using your content, you’ll likely find that not everyone is acting in bad faith or even causing any harm.

If you take a firm hand with those who are just trying to let others know about your work, are making uses of your content that don’t affect your bottom line or generally not hurting you at all, you’ll likely do much more harm than good.

In short, use common sense when approaching those who are using your content and respond appropriately. Understand that a lot of people aren’t aware of how copyright works on the Web and, as a copyright holder, you have a chance to be an ambassador.

6. Register Your Works

This one should go without saying, but regularly and consistently register your works with the U.S. Copyright Office, especially if you are in the United States or are dealing with infringement in the U.S. Failure to register, especially for a professional, can be a very costly mistake.

7. Keep Putting Out High-Quality Content

Finally, the best protection against piracy is to be ahead of it. If you’re putting out high-quality work on a regular basis, the infringers and others who might want to claim to be you will always be several works behind. Keep honing your craft and putting out newer, better works, you’ll likely find that the impact infringers have is much less.

Bottom Line

In the end, every photographer is in a different copyright situation online. The nature of the work, their business model and their online presence creates a very unique situation that only applies to them.

This is a big part of why every photographer (or artist of any variety) needs to take a look at their situation, the realities of the Web and understand what combination of business model, tracking, licensing and enforcement is needed to get the most from their work.

In short, what works for one photographer won’t work for another, a big part of why it’s difficult to come up with seven tips that work across the board.

Still, these are all steps that every photographer can and should take to stay on top of the very difficult climate online right now. They can each easily save you a lot of headache down the road.

According to the ASMP, the new bill offers much better protections for photographers than the 2006 version and that “the House bill is about as good as photographers are ever going to get.”

They go on to say that:

“If the bill is not passed this year, it will return in the next session of Congress, when at least one of the crucial subcommittees will be under different leadership. Based on the track records of the legislators who are in line for leadership, it is almost certain that they will write legislation that is far less friendly to copyright owners than the current leadership.”

At an ASMP event in April, Vic Perlman, the general council for the organization, gave a talk at one of their forums about the orphan works legislation and why the ASMP supports it. He also gave advice for artists, which closely mirrored my own.

The video is embedded below.

Obviously this kind of support behind the bill greatly increases the chances of passage. It was trade groups such as the ASMP that were largely responsible for the first bill’s death. However, other trade groups, including the Illustrators Partnership of America, Advertising Photographers of America and American Society of Illustrators Partnership, do not share the stance of the ASMP and continue to oppose the legislation strongly.

I will update everyone on the bill as it progresses. However, this will likely be the last item on orphan works for a while, at least until there is progress in the two bills.

Hat tip: Special thanks to Jim M. Goldstein for the heads up.