The Price of Unauthorised Use: A Case of Diplomatic Copyright Violation
The Price of Unauthorised Use: A Case of Diplomatic Copyright Violation
Government misuse of journalistic images undermines the integrity of editorial work, blurring ethical lines and violating the principles that protect press independence and neutrality.
In today’s media landscape, the relationship between journalism, image rights, and government narratives is increasingly fraught. For photojournalists, maintaining the integrity of their work is paramount, not only as a matter of professionalism but also to safeguard the ethical lines that separate editorial use from political manipulation. On Tuesday, September 24, 2024, I discovered the German Embassy in Kosovo had used one of my photographs without permission, sparking a debate on the sanctity of photojournalistic ethics and the rights of creators.
At the heart of the issue is a photograph I took on October 3, 2023, of a Kosovo Police vehicle driving past a damaged "Banjska" sign in the village of Banjska, Zvecan, Kosovo. This image was licensed for editorial purposes through dpa Picture-Alliance, a German press agency, with strict restrictions. The image, now shared on the German Embassy's Twitter and Facebook accounts, was used without proper credit or compensation. The fact that a government body repurposed my work to support its political narrative is not just a breach of copyright; it’s a breach of trust between journalism and the state.
The Case for Editorial Integrity
Photojournalism is an act of bearing witness. We document events to inform the public, grounded in neutrality, accuracy, and truth. The images we capture serve the public interest, and in their editorial capacity, they become part of the journalistic ecosystem—circulating through newspapers, magazines, and digital platforms, all adhering to ethical guidelines.
What makes editorial usage distinct from political usage is its intent. When a government uses an image, the context shifts. The purpose is no longer to simply inform or document; it often supports a policy stance, a political narrative, or state propaganda. This transformation corrupts the original intention behind the image and compromises its neutrality. In this instance, the German Embassy's use of my image without permission transgresses these boundaries, muddying the ethical waters of photojournalistic work.
Copyright and Ethics: The Core of the Argument
Upon discovering the unauthorised usage, I immediately contacted the German Embassy in Prishtina, seeking rectification. I outlined the financial charges for the views, likes, and engagements my image garnered across their social media platforms, amounting to £17,126.73, a fair compensation for unauthorised usage as per UK and EU copyright laws. These laws, namely the European Union Directive on Copyright in the Digital Single Market and the UK Copyright, Designs and Patents Act of 1988, exist to protect creators like myself, ensuring that our work is not co-opted by political entities without due recognition or financial recompense.
The embassy's response was swift but insufficient. Their suggestion to retroactively credit my work does little to address the core issue: government bodies should not be able to repurpose journalistic images for their own messaging, especially without permission. Their oversight is not just a simple crediting error; it’s a violation of the fundamental agreement between photojournalists and the public.
I also reviewed my contract with dpa Picture-Alliance, which allows the agency to distribute my images for editorial purposes within Germany. However, the contract does not grant dpa the right to sub-license images for use by government entities without my explicit consent, particularly when the usage occurs outside Germany. Upon raising this with DPA, their dismissive response only furthered my resolve to terminate our agreement. Their willingness to blur the lines between editorial integrity and political use reflects a deeper, systemic issue within agencies tasked with protecting journalistic content.
Editorial Use vs. Political Manipulation
The contrast between editorial and political use cannot be overstated. Editorial use is meant to inform, educate, and provide context to news stories, adhering to strict ethical standards that ensure neutrality. In contrast, political use often serves to bolster state narratives or promote specific policy agendas. When a government co-opts a journalistic image, it distorts the original message, potentially misleading the public.
By using my photograph, the German Embassy transformed an objective portrayal of a moment in Kosovo’s fragile security situation into a tool for diplomatic messaging. This is not just an issue of credit or compensation; it’s an issue of ethical boundaries. Governments have their own media channels and photographers to produce images in line with their policies. They do not need to borrow from the independent press, particularly without consent, because doing so misrepresents the image's original, neutral intent.
The Way Forward: Defending the Line
The conversation surrounding this breach of ethics goes beyond my personal experience. It’s a reflection of a growing trend where governments feel entitled to exploit journalistic work for political purposes. This undermines the credibility of both the photographer and the journalistic institution they represent.
As I move forward with legal action, not only to seek compensation but to uphold the principles of editorial integrity, I hope my case will serve as a reminder to other journalists and media entities of the importance of drawing and defending clear lines between journalistic content and political use. Our work has meaning because of its independence, and allowing government entities to compromise that meaning for their own purposes devalues not only the work but the trust we have earned from the public.
In a world where the lines between politics and the press are increasingly blurred, it is essential that photojournalists like myself stand firm in defending the principles that guide our work. Governments may try to co-opt our images, but we must not allow them to co-opt our ethics.
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Vudi Xhymshiti is a British-Kosovar photojournalist and the founder of VX Pictures, THE PICTURES UK Magazine, and Gunpowder Chronicles. His work has been published in prominent outlets such as The New York Times, The Guardian, and Der Spiegel. He is currently pursuing a PhD focusing on Russian disinformation warfare and the political conflicts between Kosovo and Serbia. Xhymshiti is an accredited member of the UK National Union of Journalists (NUJ) and holds international press credentials issued by the International Federation of Journalists through the NUJ.
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