Ken Friedman wrote:
> Every photograph, illustration, diagram, or figure in an article should carry a credit in addition to the caption
In addition to wanting to create a clear record, giving credit is free. Why not do it? If, for instance, you hire a photographer as Klaus indicated, a credit might have some commercial value so you've added extra payment at no cost to yourself. If doing someone a mitzvah isn't enough reason, you've made yourself a better person to work with/for, encouraging better future work relations.
> In my view, the issue of a documentary photograph taken for illustration purposes is, in some sense, a team effort, like the text, and all authors should share credit.
but especially note:
> This, as with authorship, is an issue to work out in advance, though there may sometimes be a situation that requires renegotiation.
That especially applies to copyright:
> If authors transfer all rights in an article to a publisher, they also transfer copyright to images except where they use images have been published or copyrighted elsewhere.
In both research publications and commercial work, it is a common mistake for people to sell rights that are not theirs to sell. In US law, copyright can only be transferred in writing. If I hire a photographer for a project then sell the copyright to the entire project including the photographs and have not had the copyright of the photographs transferred to me first, I have committed fraud (even though it may be unintentional.)
Klaus Krippendorff wrote:
> i once wanted to use the diagram from a scholarly publication and gave appropriate credit to the author and where it was published. my editor reminded me that i had to get copyrights from the publisher of that diagram. that publisher wanted $100 for permission to use it in my paper. i redrew it with context specific improvements after which it was an "original." i gave the author credit but didn't have to pay the publisher.
Depending on the nature of the diagram, that might or might not be sufficient to avoid copyright infringement. This story is one more reason that transferring all rights to publishers is a bad practice.
Gunnar
Gunnar Swanson
East Carolina University
graphic design program
http://www.ecu.edu/cs-cfac/soad/graphic/index.cfm
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Gunnar Swanson Design Office
1901 East 6th Street
Greenville NC 27858
USA
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