Re: A cautionary tale about using someone else's photos
From: steve harley on 2012-09-30 4:17 Brian Walters wrote Just two days ago I discovered one of my photos being used in this blog post: http://berkeleygardencoach.com/2011/12/31/the-proteaceae-family/ (the 4th photo is mine - it's been reproduced at low res but it's still mine and I suspect that the other photos have been nicked as well.) that same image appears here too, possibly with permission: http://kweddingbook.blogspot.com/2011/03/next-phase.html (there's a link below the image to the source site, but that's a pretty weak form of credit) the state of copyright is miserable; it makes sense until you think about it; only a fraction of those who make a living from copyright enforcement are productive members of society; the laws are antiques, but their antiqueness is constantly updated to keep Mickey Mouse in copyright; the DMCA is like the Guantanamo Bay of copyright nonetheless, i see this as a case where DMCA could be useful, after a few steps of unsuccessful escalation; it would get Heidi's attention; i doubt she gets much business from her website, and one positive thing about DMCA, when it is not abused, is it gets quick results without causing huge expenses for the infractor The whole purpose of the DMCA is to make money for Disney-ABC and the other multi-national corporations. Any benefit DMCA provides to plain old photographers like you and me is strictly an unintended consequence and will be eliminated in the next version of the law to be passed by Congress -- PDML Pentax-Discuss Mail List PDML@pdml.net http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
Re: A cautionary tale about using someone else's photos
Quoting steve harley p...@paper-ape.com: on 2012-09-30 4:17 Brian Walters wrote Just two days ago I discovered one of my photos being used in this blog post: http://berkeleygardencoach.com/2011/12/31/the-proteaceae-family/ (the 4th photo is mine - it's been reproduced at low res but it's still mine and I suspect that the other photos have been nicked as well.) that same image appears here too, possibly with permission: http://kweddingbook.blogspot.com/2011/03/next-phase.html (there's a link below the image to the source site, but that's a pretty weak form of credit) I hadn't been aware of that one but at least there's a link to the source. It's a wedding blog that now seems defunct - I wonder if there's trouble in paradise... the state of copyright is miserable; it makes sense until you think about it; only a fraction of those who make a living from copyright enforcement are productive members of society; the laws are antiques, but their antiqueness is constantly updated to keep Mickey Mouse in copyright; the DMCA is like the Guantanamo Bay of copyright nonetheless, i see this as a case where DMCA could be useful, after a few steps of unsuccessful escalation; it would get Heidi's attention; i doubt she gets much business from her website, and one positive thing about DMCA, when it is not abused, is it gets quick results without causing huge expenses for the infractor I've sent her a polite letter questioning her ethics. I doubt that will get any response but we'll see. I might follow up with DCMA if only because she's nicked lots of other people's photos and her blog appears to republish entire articles far in excess of what I'd regard as 'fair use'. Of course, she may have permission to republish, but I doubt it. -- Cheers Brian ++ Brian Walters Western Sydney Australia http://lyons-ryan.org/southernlight/ -- PDML Pentax-Discuss Mail List PDML@pdml.net http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
Re: A cautionary tale about using someone else's photos - That was Bloody Qucik!
Quoting Brian Walters apathy...@lyons-ryan.org: Quoting steve harley p...@paper-ape.com: on 2012-09-30 4:17 Brian Walters wrote Just two days ago I discovered one of my photos being used in this blog post: http://berkeleygardencoach.com/2011/12/31/the-proteaceae-family/ (the 4th photo is mine - it's been reproduced at low res but it's still mine and I suspect that the other photos have been nicked as well.) the state of copyright is miserable; it makes sense until you think about it; only a fraction of those who make a living from copyright enforcement are productive members of society; the laws are antiques, but their antiqueness is constantly updated to keep Mickey Mouse in copyright; the DMCA is like the Guantanamo Bay of copyright nonetheless, i see this as a case where DMCA could be useful, after a few steps of unsuccessful escalation; it would get Heidi's attention; i doubt she gets much business from her website, and one positive thing about DMCA, when it is not abused, is it gets quick results without causing huge expenses for the infractor I've sent her a polite letter questioning her ethics. I doubt that will get any response but we'll see. I might follow up with DCMA if only because she's nicked lots of other people's photos and her blog appears to republish entire articles far in excess of what I'd regard as 'fair use'. Of course, she may have permission to republish, but I doubt it. I got a reply back from Heidi (Berkeley Garden Coach) in less that 30 minutes. She has offered to take the photo down but I've told her she can leave it if I'm acknowledged as the owner. Interesting... -- Cheers Brian ++ Brian Walters Western Sydney Australia http://lyons-ryan.org/southernlight/ -- PDML Pentax-Discuss Mail List PDML@pdml.net http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
A cautionary tale about using someone else's photos
A blogger learns the hard way: http://www.roniloren.com/blog/2012/7/20/bloggers-beware-you-can-get-sued-for-using-pics-on-your-blog.html -- Larry Colen l...@red4est.com sent from i4est -- PDML Pentax-Discuss Mail List PDML@pdml.net http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
Re: A cautionary tale about using someone else's photos
Thanks for that, Larry. On Sun, Sep 30, 2012 at 3:08 AM, Larry Colen l...@red4est.com wrote: A blogger learns the hard way: http://www.roniloren.com/blog/2012/7/20/bloggers-beware-you-can-get-sued-for-using-pics-on-your-blog.html -- Larry Colen l...@red4est.com sent from i4est -- PDML Pentax-Discuss Mail List PDML@pdml.net http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions. -- -bmw -- PDML Pentax-Discuss Mail List PDML@pdml.net http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
Re: A cautionary tale about using someone else's photos
Quoting Larry Colen l...@red4est.com: A blogger learns the hard way: http://www.roniloren.com/blog/2012/7/20/bloggers-beware-you-can-get-sued-for-using-pics-on-your-blog.html Thanks for posting - and quite timely too! Just two days ago I discovered one of my photos being used in this blog post: http://berkeleygardencoach.com/2011/12/31/the-proteaceae-family/ (the 4th photo is mine - it's been reproduced at low res but it's still mine and I suspect that the other photos have been nicked as well.) I put a comment on the blog pointing out that, at the very least, the source of the photos should be acknowledged. Not surprisingly, my comment hasn't appeared and no acknowledgement has been made. I think I'll send the link to the article to the thief in question. -- Cheers Brian ++ Brian Walters Western Sydney Australia http://lyons-ryan.org/southernlight/ -- PDML Pentax-Discuss Mail List PDML@pdml.net http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
RE: A cautionary tale about using someone else's photos
From: pdml-boun...@pdml.net [mailto:pdml-boun...@pdml.net] On Behalf Of Larry Colen A blogger learns the hard way: http://www.roniloren.com/blog/2012/7/20/bloggers-beware-you-can-get- sued-for-using-pics-on-your-blog.html inline linking is a legal way to show pictures from another person's site. Inline links do not violate copyright (in US law, and probably UK law) according to the wikipedia article about the subject: http://en.wikipedia.org/wiki/Inline_linking. Some people don't like inline linking to their site, calling it 'bandwidth theft', and we've had examples on the PDML of people replacing the source image with something else when people have linked inline, but my own view is that this is one of the things that the web is for, so if you don't like it, don't put your pictures on the web. If someone links inline to one of your pictures and passes it off as their own work, that's a different matter, it's probably plagiarism rather than a copyright infringement, and has to be dealt with differently. Strangely enough, some people who complain about 'bandwidth theft' advise that instead of inline linking to a picture on the host, they should copy it to their own server and link to that. That would appear to be encouraging an actual breach of copyright, and evidence that the person giving the advice doesn't know their arse from their elbow (and probably also has difficulty distinguishing between shit and Shinola). In the case of the blogger mentioned above, although she doesn't go into details it sounds to me as though she's been intimidated into spending money either to get legal advice, or to settle with the copyright owner, or both, and has just caved in to a threat. My guess (what with me not being a lawyer an' all) is that unless the blogger has made money out of the copyright infringement, or has caused the copyright holder to lose money, reputation, whatever as a result, there probably wouldn't be any grounds for compensation - no damage done. There might be a risk of punitive damages, but probably not enough to be financially worthwhile for the copyright holder. B -- PDML Pentax-Discuss Mail List PDML@pdml.net http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
Re: A cautionary tale about using someone else's photos
On Sep 30, 2012, at 7:58 AM, knarftheria...@gmail.com wrote: I hate to be crude, but how fucking stupid is she?? Find what you're good at and go with it. She really didn't know she was stealing? Probably not. Most people don't think of it as stealing when the original person hasn't lost anything tangible. She asked around and did what most people seem to do. You could make the case that copying a jpeg off the web is no more stealing someone's art than taking a picture of a statue, or a pretty building. What if you see a famous fashion model walking down the street and snap her picture? She makes a living out of her pictures being taken, and you took one of here without compensating her. It would be good if html had a standard you can't use this picture without paying me copyright tag that browsers could be set to recognize so that people had to actually go to some work to snarf copyrighted stuff. But when it is that easy, and most people don't care enough to do anything about it, most people don't think of it as stealing, but rather what the web is there for. Asshole. (I'm in a bit of a pissy mood today and she pushed me over the edge) Cheers, frank What can be asserted without proof can be dismissed without proof. -- Christopher Hitchens --- Original Message --- From: Larry Colen l...@red4est.com Sent: September 30, 2012 9/30/12 To: Pentax-Discuss Mail List pdml@pdml.net Subject: A cautionary tale about using someone else's photos A blogger learns the hard way: http://www.roniloren.com/blog/2012/7/20/bloggers-beware-you-can-get-sued-for-using-pics-on-your-blog.html -- Larry Colen l...@red4est.com sent from i4est -- PDML Pentax-Discuss Mail List PDML@pdml.net http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions. -- PDML Pentax-Discuss Mail List PDML@pdml.net http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions. -- Larry Colen l...@red4est.com sent from i4est -- PDML Pentax-Discuss Mail List PDML@pdml.net http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
RE: A cautionary tale about using someone else's photos
From: Bob W Strangely enough, some people who complain about 'bandwidth theft' advise that instead of inline linking to a picture on the host, they should copy it to their own server and link to that. That would appear to be encouraging an actual breach of copyright, and evidence that the person giving the advice doesn't know their arse from their elbow (and probably also has difficulty distinguishing between shit and Shinola). Not sure how it's a breach of copyright. Seems to me that's giving express permission to use the photo. Bottom line though, is you won't have to worry about violating someone's copyright if you always use your own photos. -- PDML Pentax-Discuss Mail List PDML@pdml.net http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
Re: A cautionary tale about using someone else's photos
On 30/9/12, Brian Walters, discombobulated, unleashed: Just two days ago I discovered one of my photos being used in this blog post: http://berkeleygardencoach.com/2011/12/31/the-proteaceae-family/ If that was mine I'd be giving Heidi a call on her phone and advising that my lawyers would be writing in search of suitable recompense - that's a commercial web site! Big no no! -- Cheers, Cotty ___/\__ || (O) | People, Places, Pastiche -- http://www.cottysnaps.com _ -- PDML Pentax-Discuss Mail List PDML@pdml.net http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
Re: A cautionary tale about using someone else's photos
On 30/9/12, knarftheria...@gmail.com, discombobulated, unleashed: I hate to be crude, but how fucking stupid is she?? She really didn't know she was stealing? Asshole. (I'm in a bit of a pissy mood today and she pushed me over the edge) Frank, if she was sat on the next table to you and me in a coffee house, you know full well we'd both be in love with her :) -- Cheers, Cotty ___/\__ || (O) | People, Places, Pastiche -- http://www.cottysnaps.com _ -- PDML Pentax-Discuss Mail List PDML@pdml.net http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
Re: A cautionary tale about using someone else's photos
On 30/09/2012 9:46 AM, Larry Colen wrote: On Sep 30, 2012, at 7:58 AM, knarftheria...@gmail.com wrote: I hate to be crude, but how fucking stupid is she?? Find what you're good at and go with it. She really didn't know she was stealing? Probably not. Most people don't think of it as stealing when the original person hasn't lost anything tangible. She asked around and did what most people seem to do. You could make the case that copying a jpeg off the web is no more stealing someone's art than taking a picture of a statue, or a pretty building. What if you see a famous fashion model walking down the street and snap her picture? She makes a living out of her pictures being taken, and you took one of here without compensating her. It would be good if html had a standard you can't use this picture without paying me copyright tag that browsers could be set to recognize so that people had to actually go to some work to snarf copyrighted stuff. But when it is that easy, and most people don't care enough to do anything about it, most people don't think of it as stealing, but rather what the web is there for. The whole copyright thing is somewhat out of control anyway. I can certainly understand if a person stands to make money off of a particular image, that they might be a little miffed with someone for lifting it, but for most of us, we put pictures on the web because we are vain, and we want our peers to look at what we've done and tell us that we are jolly good photographers. For those of us who do that, someone lifting one of our pictures costs us nothing, and should be giving us exactly what we put the image on the web for anyway. Someone thinks we are a jolly good enough photographer to lift our picture. As long as they give a credit and don't claim that they made the image themselves (never condone dishonesty), what's the fuss? -- William Robb -- PDML Pentax-Discuss Mail List PDML@pdml.net http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
Re: A cautionary tale about using someone else's photos
William Robb wrote: The whole copyright thing is somewhat out of control anyway. I can certainly understand if a person stands to make money off of a particular image, that they might be a little miffed with someone for lifting it, but for most of us, we put pictures on the web because we are vain, and we want our peers to look at what we've done and tell us that we are jolly good photographers. For those of us who do that, someone lifting one of our pictures costs us nothing, and should be giving us exactly what we put the image on the web for anyway. Someone thinks we are a jolly good enough photographer to lift our picture. As long as they give a credit and don't claim that they made the image themselves (never condone dishonesty), what's the fuss? I'm pretty sure the image lifted in this case was that of a professional photographer - he wouldn't have been able to sue and collect money if he hadn't actually registered his copyright with the copyright office - so this could represent a real loss of income for him/her. And we don't know how much this cost the blogger: 50 bucks would be considered a lot of money by some. That said, I completely agree with you that people get all too worked up over this stuff. I register the copyright of all my images before I put them on line. But when they do go on the web I give 99% of them Creative Commons licenses so they're free for most bloggers to use as long as they give credit and don't alter the images. -- Mark Roberts - Photography Multimedia www.robertstech.com -- PDML Pentax-Discuss Mail List PDML@pdml.net http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
Re: A cautionary tale about using someone else's photos
on 2012-09-30 4:17 Brian Walters wrote Just two days ago I discovered one of my photos being used in this blog post: http://berkeleygardencoach.com/2011/12/31/the-proteaceae-family/ (the 4th photo is mine - it's been reproduced at low res but it's still mine and I suspect that the other photos have been nicked as well.) that same image appears here too, possibly with permission: http://kweddingbook.blogspot.com/2011/03/next-phase.html (there's a link below the image to the source site, but that's a pretty weak form of credit) the state of copyright is miserable; it makes sense until you think about it; only a fraction of those who make a living from copyright enforcement are productive members of society; the laws are antiques, but their antiqueness is constantly updated to keep Mickey Mouse in copyright; the DMCA is like the Guantanamo Bay of copyright nonetheless, i see this as a case where DMCA could be useful, after a few steps of unsuccessful escalation; it would get Heidi's attention; i doubt she gets much business from her website, and one positive thing about DMCA, when it is not abused, is it gets quick results without causing huge expenses for the infractor -- PDML Pentax-Discuss Mail List PDML@pdml.net http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
