“Stranger Things used my storm photo without permission,” photographer claims
May 10, 2018
Dunja Đuđić
Dunja Djudjic is a multi-talented artist based in Novi Sad, Serbia. With 15 years of experience as a photographer, she specializes in capturing the beauty of nature, travel, concerts, and fine art. In addition to her photography, Dunja also expresses her creativity through writing, embroidery, and jewelry making.
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While watching popular Netflix show Stranger Things, photographer Sean R. Heavey had an unpleasant surprise. He thought that a giant storm cloud in one of the scenes looked familiar, and then he realized – it was one of his photos. Apparently, the creators of the show used his photo to create the scene, and the photographer says they didn’t ask him for the permission.
Heavey thought that the cloud formation in the scene was just really similar to the one he had captured. But then, a friend of his watched Beyond Stranger Things behind-the-scenes special and noticed the same photo in the concept art.
The photo in question is titled The Mothership and it shows a supercell thunderstorm rolling across the Montana prairie at sunset. As PetaPixel writes, the episode didn’t contain the exact same photo, but the concept art did. Either way, the photographer says that Netflix didn’t ask him for the permission. Since the photo isn’t licensed with any stock agency, they couldn’t have bought it either. Here are both photos, so you can see for yourself:
Heavey contacted Netflix regarding this issue, and they reportedly told him that they used “a similar cloud formation” and that “he can’t copyright storm clouds in general.” Can’t copyright storm clouds? Well, he sure can copyright his photos of storm clouds.
https://www.facebook.com/photo.php?fbid=1869609463070211&set=a.165976316766876.31458.100000635261065&type=3&theater
The photographer says he would understand if someone took the photo from the internet and used it only in-house while working on the show. But he believes that, once the photo was used in the documentary, it becomes an official usage and he is entitled to usage fees.
Personally, I think there’s no doubt that this is the same photo. Of course, it’s edited to fit the mood of Stranger Things, but you can see in some details that it sure is Heavey’s photo of the storm cloud. Just like the photographer himself, I also believe that he’s entitled to usage fees, considering that the photo appears in the official documentary. Heavey says he is surprised that Netflix didn’t simply offer a license fee, but they responded as they did. At the moment, he is working with a legal counsel to figure out his next steps.
[via PetaPixel]
Dunja Đuđić
Dunja Djudjic is a multi-talented artist based in Novi Sad, Serbia. With 15 years of experience as a photographer, she specializes in capturing the beauty of nature, travel, concerts, and fine art. In addition to her photography, Dunja also expresses her creativity through writing, embroidery, and jewelry making.
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9 responses to ““Stranger Things used my storm photo without permission,” photographer claims”
If it’s used without permission; yes of course! I’ve tried paying for food with “exposure and credited work”, but it weirdly doesn’t work? the film industry tries to get rid of piracy, and they do this at the same time? Useless….
To me there are enough differences to make it appear it was used as reference. If they used it to reference the look of a storm then I don’t think it’s a copyright issue because, they can’t copyright the cloud. If I’m incorrect and they took his photo and modified it, I could see it being a copyright issue. As far as it appearing in the documentary it would depend on how it appeared.
I agree. There’s enough precedent to argue that the show modified the reference material enough that it’s not an infringement of copyright. If the photographer is trying to sue because his picture is seen on the desk of a behind the scenes footage, I think the photographer will have to fight in court to convince them that royalties should be paid. He could win… I think the studio can easily drag this out to bleed the photographer of funds.
Yes.
It is of course possible there was another photographer taking photos of the very same spectacular cloud formation at the same time. Unlikely, but possible.
Photographer is morally right on this, but if Netflix aren’t playing fair there’s very little he can do about it.
How is that even a question?
If they used his work, since it’s not an ironic use of the image, the legally he should be compensated.
Well, one of these images was taken in a field and the other in a desolate wasteland so clearly, they are two different images.
easily 15% or more changed to avoid copyright