My goal is simple: to increase awareness and educate people about the consequences of copyright infringement and provide resources for Creatives (artists, photographers, designers, etc.) who want to take swift and effective action against those who have taken and/or used their work without permission.
Last week a fellow photographer on Etsy sent me an email claiming she saw a familiar photograph on another seller’s store. She provided me with a link…sure enough, I found the seller was using one of my copyrighted photographs to sell some of her products! Not only was it infuriating to find someone using one of MY images to sell THEIR products, but it was a major time and attitude sucker. This person not only stole my creative work…she stole some of my creative time, energy and ideas.
While this is just the latest issue of copyright infringement I’ve dealt with…it certainly won’t be the last. With the advent of new social media/sharing sites exploding on the internet every few months (like Pinterest, Tumblr, Food Gawker, We Heart It, etc.), so too increases the speed and frequency of copyright infringement.
Now before I am told to “get a life” or that I “should not put anything out on the internet that I don’t want to be taken”, I would like to clearly state the following: I am not writing about this issue to simply bitch, raise my fist about the evils of the internet, or be a sounding board of rampant negativity. Rather, my goal here is simple: to increase awareness and educate people about the consequences of copyright infringement and provide resources for Creatives (artists/photographers/designers, etc.) who want to take swift and effective action against those who have taken and/or used their work without permission.
An army of one
I have been dealing with copyright infringement issues for years now…in fact, I have been on both sides of this issue: I have not only been a victim of copyright infringement (don’t get me started), but I have also been accused of copyright infringement (accused of using a Mark Twain quote on one of my most popular images, “taking notes”- more on this in an upcoming post). Ever since 2006, when I began posting my images on flickr and started my blogs, The Crafty-Girl and Creative Collage, I have been a lone warrior fighting an immense army of copyright infringers. I have fought and I have fought hard…but I am tired of fighting as an army of one.
“taking notes” image & text ©kellyangard
My recent audacious experience with blatant copyright infringement on Etsy was the final straw…it was my “I’m mad as hell and not going to take this anymore!” moment (quote from the movie “Network” written by Paddy Chayefsky). I had to take action; I had to do something that was bolder than the actions of the people who have stolen from me. It was time to go public and coalesce a creative continuum against copyright infringement.
As our world changes, so must we
We are all explorers here on the internet…hunters and gatherers of information and images. And it is, without a doubt, survival of the fittest (especially for those of us who are trying to make a living as Creatives). No matter how much we dislike change, we must be Darwinian and adapt, evolve. The advent of social networking sites like Twitter, Path, Pinterest, and Tumblr (just to name a few) not only allows us to connect and pass on information and images at warp speed, it also increases the frequency and speed of copyright infringement. Even more disconcerting is the fact that some sites, like Pinterest, actually encourage users to “share” images they find on the internet in their Terms of Use (TOU) (more on Pinterest’s TOU in my next post).
With all this said…I still have to believe that when people are provided information and support, a positive force can spread as far and wide as a negative one. Over the next few months, I will be (1) gathering, posting and linking to like-minded people who either are, or support Creatives, i.e., artists, designers, photographers, writers etc.; (2) compiling a list of resources on copyright infringement; and (3) searching for ways we Creatives can adapt and protect our work while keeping our work online.
Share the love
The first like-minded person I’d like give major props to is artist and designer, Kal Barteski who is not just talking the talk…she is walking the internet walk. Kal created LINKwithlove in 2011, a philosophical movement which aims to educate the public with a positive voice against this not-so-positive issue:
LINKwithlove is an idea that by banding together in a “neighbourhood watch” type way – we, the internet, could teach and learn respect when dealing with intellectual property online. It is our dream that art, music, photography, words, design, ideas, etc – be shared in a way that is respectful, educated and kind. By teaching and supporting the proper ways to share intellectual property – we will make a difference.
We can make a difference…one person and one link at a time. And it’s as easy as posting a LINKwithlove button on your blog or website. Head on over to LINKwithlove.typepad.com and grab one of Kal’s colorfully-designed web buttons and display it proudly. Her designs exude the joyful spirit of a creative soul while clearly stating the importance and VALUE of protecting intellectual property and creative work. Feeling really bold? Make a statement by posting her eye-catching, graphic banner which directly addresses and challenges Pinterest to make some big changes and “rise above the rest…to save intellectual property”. Kal cleverly shows us all how positive reinforcement can be polite and contagious: “Please share it. Please + thank you.”
The whole mess of copyright infringement on things like the Twain quote are really problematic. Twain himself falls under “fair use” and can be quoted freely and clearly, unless it’s from specific editions churned out by the University of California or from the later “undiscovered” writings from The Mark Twain Project. But even then it’s hairy: if you’re quoting The Adventures of Huckleberry Finn, for example, then must one “prove” it’s from an edition (one of the many extant editions) other than that of UC? It starts to degenerate into silliness at some point, with universities and so-called foundations trying to cash in on authors and artists long dead. Grave robbery at its finest.
As for your photos, Kelly, isn’t there a way for you to code them to make them uncopyable? I know it’s an extra step and one no creative artist should have to go through, but the unscrupulousness of someone using your work to sell their own stuff is frankly intolerable and criminal.
And people wonder why I’m continually wary of the interwebs? Skynet isn’t that far off…
Hi Jason,
The Mark Twain issue is ridiculous and frustrating…people accuse me of stealing the words “never allow someone to be your priority while allowing yourself to be their option” from Mark Twain. I wrote the words almost ten years ago and integrated it into one of my photographs (“taking notes”). A few years ago I got so tired of the accusations, I contacted the guy who runs the Mark Twain Project at UC Berkeley and received a written statement from him stating that the quote was not one of Twains. (I started wondering about all those years as an english lit major…could Twain’s words somehow embedded themselves in my subconscious?)
As for coding my photographs…I am looking into digital watermarking services. That will be a huge project to tackle, but if I’m going to continue putting my work online, I’ve got to bite the bullet and just do it. :) In the meantime…I’ll keep doing what I can do here. :)
Based upon my intellectual property class in law school and other information, I would disagree with the statement put out by US Press. All Mark Twain’s books and writings are public domain as it is over 70 years since the death of the author. That term used to be much shorter but keeps getting extended due to lobbying by the Disney Corp. Fair use has to do with small portions of a work being used for news, commentary, and other similar purposes. Only small portions are allowed so as not to eliminate the commercial value of the work.
I know that Photoshop has a facility for watermarking your photos. I don’t know if there is any point in placing identifying information in the metadata as that can be easily changed.
There is a service called TinEye that will search through their database of millions of photos to find photos similar to one you upload. I believe there is a commercial use option that will search for postings for you automatically. Presumably, this would help catch people like the one using your photo on their site.
THE DASH POEM BY LINDA ELLIS TAKE DOWN NOTICE In 2011, I briefly posted a poem on my blog entitled “The Dash” by Linda Ellis. I received this poem via a chain email from a client. This poem is copyrighted. The copyright holder is relentless pursuing any person or entity that has posted The Dash poem in print or oratory without permission. DO NOT SHARE THE DASH poem with anyone. The financial damages could ruin you! And if you want to prevent others please copy and paste this notice http://www.aprilbrown.com/copyright-infringement-the-das/ and send it to the offender.