One of my favorite quotes about integrity and character is by Ralph Waldo Emerson, “What you do speaks so loud that I cannot hear what you say.”  How do we determine the character and/or integrity of a person or business…do we listen to what they say or do we pay attention to what they do?

Because so many of our daily interactions now take place online through forums, social networking sites and shopping venues, words have taken on a whole new level of importance. The small print that is presented upon joining a new social website or purchasing an item can no longer be glossed over and tossed into a virtual trashcan.

“ms. understood” ©kellyangard

 

Anything we are asked to “agree” to online needs to be examined and questioned, because these contractual agreements “tend to end up being one-sided in the service provider’s favor and are often designed to be beyond any judicial scrutiny”, according to the Electronic Frontier Foundation (EFF). In an article titled, Terms of (Ab)Use, the EFF states, “using a TOS, online service providers can dictate their legal relationship with users through private contracts rather than rely on the law as written.” The EFF‘s message is loud and clear…we must pay more attention to the words a website chooses to represent itself and its services, especially when we are asked to “agree” to said words.

When people pay more attention, change happens. Take Pinterest for example: after an influx of complaints and loud, unhappy voices peppering internet forums, blogs and tweets, Pinterest has announced they are making some changes to their Terms of Service. A few of these changes relate to what I am most concerned about…copyright infringement.

You can read about all the changes Pinterest is making to their TOS on their blog; I’ve included three changes which have to do with what I am most concerned about…copyright infringement:

(1) Removal of the word SELL from their Terms of Service (TOS) in reference to their rights with uploaded content: “Our original Terms stated that by posting content to Pinterest you grant Pinterest the right for us to sell your content. Selling content was never our intention and we removed this from our updated Terms.”

(2) Expanded explanation of consequences for repeat offenders of copyright infringement (found in “Copyright” section of the TOS): “It is Pinterest’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others” and are asking those who believe their copyrights are being infringed to “please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Pinterest’s Designated Copyright Agent”.

(3) Addition of a simple tool (on-site form) for reporting alleged copyright violation which when filled out, becomes a valid DMCA statement. (Unfortunately however, a photograph which has been pinned and repinned a number of times requires the copyright owner fill out a form for EACH member who repinned the image.)

< br/>

These changes are a good start; I give credit to Pinterest not only for listening, but for taking action. This being said, I believe we MUST continue being a positive force; we must be relentless when it comes to educating others who participate on social networking/image-sharing/creative sites. And we must not forget that sites like Pinterest only become popular and profitable because it has (1) a large member base; (2) high referral of incoming/outgoing traffic; and (3) interesting content, demonstrating that what we say with our words and actions, matters.

• • •

other posts on copyright issues…

• Copy…Right? Part 1: Copyright Infringement Increases with Social Media Popularity

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.”

• • •

other posts on copyright issues…

• Copy…Right? Part 2: Pinterest Makes Changes to their Terms of Service