This story has certainly been a huge point of discussion in the photographic community. I’ve watched comments roll in and the range of opinions is quite stark. Some people have been much more forgiving of Meagan Kunert with regard to her actions, even agreeing to continue to use her for their weddings while others have been extremely critical, going so far as to say she should be criminally prosecuted (if that is possible).

Gary Fong weighed in and his remarks are quite interesting:

Hey this is really serious business. If you don’t assert your rights, then someone else can assert that you’ve abandoned your mark. I had to go through this nine years ago – we had a FEDERAL JURY TRIAL. A photographer took my name, and used my image on the internet. We sued, and the jury awarded me $240,000. Just google, “gary fong teresa halton trial” or

http://ca.findacase.com/research/wfrmDocViewer.aspx/xq/fac.20010321_0000020.NCA.htm/qx

Did I get paid? Yes. The day of the order, I got a check from her insurance company. Had she not been insured, we could’ve taken her house and seized her income.

He also wrote:

Hey if any of the affected photographers are interested, please feel free to contact Ed Schwartz (era@cph.com). He specializes in this type of thing and he was my lawyer in our successful federal lawsuit over the same thing. He is really passionate about this kind of theft, and if the photographers band together (called a multi-plaintiff lawsuit) the cost wouldn’t be too super high. To the photographers, you don’t know how much your reputation has been damaged yet, and having a court decision to publish is a great way to show those in the future not to try it. After all is said and done, if you just let this one go – it’ll happen again, and you won’t have much of a claim in the next lawsuit because you acquiesced this time, so you’re showing the world you don’t really care.

Strong words to be sure. At first, I thought a heartfelt apology might be good enough.

But I think Gary may be right. As I said in my previous post, this kind of thing hurts everybody because it causes trust issues with potential clients, particularly if you’re an unknown photographer. If I’m an art director and want to hire Zack Arias, I’m confident in two things:

A. The work he has posted on his website is his

B. Because of A, I’m not hesitant to hire him

It’s the lack of trust in my view, that sends people to cheap studios like Sears and JC Penney for family portraits. At least there, the customer knows what they’re going to get (even if it sucks).

The issue may be more rampant than we know. Another case was uncovered recently as well (h/t Peter Zack)

So there are a few things to consider:

• Protect your work – I’m my own worst critic so I don’t watermark my images because I think, “Nobody is going to take my stuff.” And that may be true. There are thousands of websites with great photos that people can steal. But it can happen. And as photographers we’re in a position where we may have to start placing our watermark in areas where it cannot be cropped or using a faded watermark over the entire image.
• Have somebody you trust help you to be accountable – The temptation to make big bucks making photographs is out there. My friend and neighbor, Daniel Stancil is an amazing wedding photographer. His wedding packages start at $2600 and go up to nearly $6000. Some wedding photographers charge upwards of $20,000 for their services. Money has a way of making people do things they normally would not do. Trust me. I speak from personal experience on this front. If you want more details, feel free to contact me (it has nothing to do with photography but money overall). Having somebody that can hold you accountable will keep you from making those poor decisions. Meagan’s husband was apparently, completely unaware of what she was doing.
• Don’t take shortcuts – No photographer you have ever heard of has not worked hard at improving their craft. Contrary to what so many people say, photography is art. It takes skill and lots of practice to be good at it. Yes, some will be more naturally gifted than others for a variety of reasons. But that is not the case for most of us. Look at the work you did 4-5 years ago compared to what you’re doing today. Is it better? Chances are, it is. That didn’t just happen.
• Be willing to help newer photographers – If there is anything I cannot stand, it is the refusal of pros or people with long experience being unwilling to offer assistance to somebody just getting into the field. If you think a new photographer is a threat to your business and livelihood, that is a reflection of you, not the person looking for some mentoring. New photographers turned away by potential mentors and being told, “It will cost you $1000 to learn from me” (I am not bashing workshops, but some people are asking for money for just about everything these days) may be the ones who look for those shortcuts I warned about.

What do you think about a lawsuit and what would you add to the list I provided?

UPDATE III (Final): Well, it appears as if Meagan has gone completely dark. Despite repeated promises to put up her Facebook page after taking it down, she has not done so. In fact, she has even removed her personal Facebook profile.

UPDATE II: It appears now her Facebook page has been removed. Whether she deleted it on her own or it was taken down due to people “reporting” it (I did see people advocating that) is unknown.

UPDATE: Meagan has issued a public apology on her Facebook page:

It is with a humble and heavy heart that I write this message.

To my clients, friends, family, and peers:

I have not been honest in the way that I operate my business. I have knowingly committed an unforgivable act that – now – looking back, makes me ill to my stomach. I have claimed other photographers’ work as my own work, and I have been caught.

I would like to publicly issue an apology to everyone involved. I’m sorry. I am sorry for misleading you, lying to you, and hurting you. I am owning up to the choices I have made and am facing the consequences. I want to operate my business with integrity and honesty, and will do so going forward.

I have already reached out to several of the photographers of whom I have taken work from and spoken with them personally on the phone. For those I haven’t been able to contact, I will reach out to you again soon. I wanted to get this out as soon as I could – I hope you understand why.

Follow the link to read the rest. When her Facebook page was up earlier, I had left a comment suggesting that she do this instead of trying to erase her digital existence from the Internet. It’s odd though. I can’t comment or even ‘like’ the post in question while many others can.

It’s a great first step she has taken in owning up to what she did. That’s not easy. I commend her for doing that and getting out in front of this.

The above image is a beautiful wedding photo from Arkansas based wedding photographer, Meagan Kunert.

Wait. That’s not true.

It was actually made by Vancouver, BC based photographer Amber Hughes. You can see the images here.

Below is a screenshot of a blog post Meg wrote about starting a photography business:

Wait. That’s not true.

It was actually written by fellow Atlanta based photographer, Shannon Holden.

I’m not sure exactly when Kunert’s theft was first exposed, but the ramifications of what she did has been swift and severe. She was called out on Twitter by hundreds of other photographers and creatives. Apparently, she ripped off another number of photographers as well.

In the span of about an hour, her website was taken down, her Twitter account was deleted, her Facebook page was deleted and her Flickr account was deleted. The only two social media avenues she has active are a dormant Google+ account and a LinkedIn page.

Kunert is not the first photographer to pass off the work of others as her own. She also will not be the last. It happens. I can also understand the hasty decisions she made in light of being caught. Many people were being rightfully critical, but others were being unjustly cruel, calling her a “bitch” and other names. In addition, as a Christ follower myself, I was disappointed in seeing the reactions of other self described Christians towards her (Kunert claims to be a Christian in her Twitter bio). Condemnation and judgment is not going to lead her towards repentance.

That being said, there is no excuse at all for what she did. She took the work and words of others and passed it off as their own. As I was going through her site (when it was still up), I couldn’t help but ask myself, “Is any of this work hers?” And if she felt the need to use the work of others as her own, what did any clients think of her actual work? Her packages started at $1500 and said ranged between $2500-$3200. Did she actually book any weddings at those rates?

A few things:

1. On the personal front, where were her friends and family in all of this. She’s a married woman with children. Didn’t her husband see these photo shoots and know they were not hers? Did any friends? Anybody at her church? There needs to be accountability amongst friends and family. My wife would recognize immediately if I put images up that were not mine.
2. This is the kind of thing that hurts the industry as a whole as it creates a climate of distrust. People need to be secure that when they find the website/portfolio of a photographer they like, that the work is indeed their own. One has to wonder how rampant this is.
3. This proves there are no shortcuts. The road to being a photographer people are willing to pay for is a narrow, winding, steep and bumpy road of hard work. Too many people are still have the mindset where they think, “Hey if I had a nice camera, I can make money taking pictures too!” After all, what is so hard about looking through a viewfinder and pressing a button? Do that, and awesome pictures come out. In reality, the landscape is littered with “photographers” who are putting their gear up on Ebay because they found out it’s harder than they thought.
4. In the age of social media, it’s far easier to get caught doing this kind of thing and once the word spreads, it spreads fast. Don’t be surprised when the hammer comes down. Sooner or later, you will get caught.

Hopefully this incident will serve as a lesson to others who think they can get away with it. As I said, Meagan Kunert is not the first, nor last to do this. Put hopefully, some who have been considering it, will use that energy improving their craft instead of attempting to put together a false story.

Had the opportunity recently to shoot images for Kate who was looking for some new head shots and marketing portraits. Had a great time shooting at one of the homes she is helping to market. If you’re looking for a luxury home in the Palm Coast area, contact her!

About a year ago, Sevrin Whitley was born very premature. You can watch a short video about their story here. It was one of those births where it was touch and go as to whether or not he would survive. He did. And a year later I had the pleasure of doing family portraits for Sevrin and the rest of the Whitley family. Last week it was rained out but it worked out for the best. The weather the last two days around here has been absolutely gorgeous. A gorgeous day and a beautiful family equals images that were easy to make.

Seven separate photo shoots? Twenty minutes apiece? Why not? Did that recently and came away with some good stuff as it was a lot of fun!

Had the pleasure of being one of the photographers invited to shoot the Story Conference in Chicago.

The Zapata’s have been friends for some time. We had a lot of fun doing this shoot.