Monday, July 25, 2011

Copyright Infringement

My best shot of the St. Mary river, rapids and falls.  We visited Bryan and Joan at Kimberley and spent the night in their driveway.  Before we left in the morning we were treated to a five minute walk from their house and walk along the St. Mary river to the waterfall.   What a marvelous location.  This river and waterfall is just out their back door.
Pat's 1912 Torpedo Roadster Model T Ford in the town of Lundbreck.  I have lots of good car pictures from this stop.  We also stopped at the Lundbreck waterfall and I have a few of those photos for addition to the album for my web page, eventually.

It was a coolish day today and would have been perfect for gardening.  I somehow got trapped on my computer and wasted the afternoon searching out places where my photos are being used by people without my consent.  I have noted the ones I found today on my Facebook wall.  For all the good it is going to do me.  This should be a link to my Facebook wall showing 5 of the uses of my Peace Rose photo, and one of my Peloric foxglove photo.   When I complained to the abuse department about my Peloric Foxglove being used on photobucket,  this is the reply I received from them:
Thank you for notifying Photobucket of a potential infringement of intellectual property
rights.  Photobucket respects the intellectual property of others, and expects its account
holders to do the same.
Unfortunately, the notice you supplied is incomplete. Please submit the following notice:

1. Identify the copyrighted work that you claim has been infringed, or; if multiple
copyrighted works are covered by this Notice; provide a representative list of the
copyrighted works that you claim have been infringed. Direct links to the original images
or digital copies must be provided as proof of copyright:

2. Identify the material or link you claim is infringing (or is the subject of infringing
activity) and that access to which is to be disabled, including at a minimum, if
applicable, the URL of the link shown on the Photobucket service where such material may
be found:

3. Provide your mailing address, telephone number, and, if available, email address:

4. The following statement must be included in the body of the Notice:

        I hereby state that I have a good faith belief that the disputed use of the
copyrighted material is not authorized by the copyright owner, its agent, or the law
(e.g., fair use)

5. I hereby state that the information in this Notice is accurate and, under penalty of
perjury that (CHOOSE ONE):

I am the copyright owner, or authorized to act on behalf of the copyright owner or I am
authorized to act under an exclusive right of the copyright that is allegedly infringed.

I am not the copyright owner, or authorized to act on behalf of the copyright owner or
otherwise authorized to act under an exclusive right of the copyright that is allegedly

6. Provide full legal name and the electronic or physical signature of the owner, or of a
person authorized to act on behalf of the owner, of the copyright or of any exclusive
right under the copyright.
Please direct this form, with all items completed to Photobucket's Designated Copyright

Heather Dana
Designated Copyright Agent
Photobucket Corp.
PO Box #13003
Denver, CO  80201
Fax: 303.395.1165


In looking around photobucket site I found that they actually encourage this action.  They actually have a 'download' button on each photo uploaded to an account, and the 'share' of course.  Looking through a couple of accounts I see what is probably many, many gifs or jpegs that are downloaded from whereever these people find them.  Copyright issues are impossible to control in situations like this.  Watermarks are no real deterrent, unless they totally cover the photo.  The best defence I suppose is to load only to 'private' galleries and give friends the password.  Otherwise, you will be seeing your photos all over the internet.  It seems the world has lost its good morals.  The news is full of more and more atrocities.  The recent unfathomable attack on people in Norway by an insane gunman is an example.  My heart goes out to the victims of the insanity.

When I see that and consider the weather conditions in other parts of the world, as well as the famine, fires, floods, earthquakes, volcanoes, global economy collapse, etc., I consider that my copyright problems are really miniscule.


Anonymous said...

Dear Maggie,

I am a keen gardener and I belong to a small online gardening forum where I chat with other gardening friends. After a visit to Milldene gardens in Gloucestershire some years ago I had a discussion on the board about a rather unusual foxglove I had seen. I was keen to find out more and my friends were also fascinated with these rare peloric foxgloves. I used your picture to illustrate to them what one looked like (having found it on Google).

To display images on the forum you have to use them in a photobucket format which is why you found your image in my photobucket album. I had not used it with malicious intent at all -it was merely to illustrate a form of mutated foxglove in an innocent conversation with gardening friends a few years ago. I did not remove your signature from the image, I certainly did not try to pass it off as my own and I am fairly sure I referenced your blog as its source. I am very sorry that I have caused you so much anger, I have always found gardeners to be peaceful, friendly types until now. I have deleted the image from my photobucket album (which will have removed any links to it). I feel extremely hurt that you have accused me of trying to steal your image as that was certainly not my intention. I am a competent amateur photographer myself and feel no need to try and pass others photos off as my own.

I am utterly flabbergasted at how you can compare the use of a foxglove picture in a gardening conversation to the terrible things that have occurred in Norway, but I shall say no more on that. I am sincerely sorry that my actions a few years ago have caused you to to get so worked up. My understanding was that I had not infringed on any copyright as I had not passed your photo off as my own and had referenced it when I did use it. You have my apologies for any offence caused,

Kind regards,


Maggie said...

The point I am trying to make is about copyright infringement which is rampant in the photography field. Photographers, whether amateur or professional, are having to disfigure their photography with huge watermarks that cover most of the photo, or put them on line in private galleries, for clients or friends only.
As an amateur photographer you should be aware of the procedures to follow to make use another's photograph in any way. Putting it into your own photo upload account is the same as calling it your own photo.
You have been able to find my blog to make your poor excuses; so, why could you not have used my blog to ask permission to use my photo? As you probably know, I would never have given you permission to put my work in your account! If your forum needs you to steal other photographers work then your forum needs to be revised to accept direct links from places like my blog.
There are many 'communities' with discussion forums on Registration is free at the moment. We would be happy to have your forum move to megashot. In the Garden community peloric foxgloves discussion
Thanks for your attention to the removal of my photo from your account.
I hope I have increased your awareness of a problem that is very bad for anyone who depends on photography to make their living, as well as the fact that taking another photographers work without permission or payment is the same as stealing. As a fellow photographer please try to make your friends aware of the problem.
Happy gardening.