copyright infringement

All posts tagged copyright infringement

This morning I was surprised by an email in my inbox from the Associate Creative Director of Yahoo Singapore.
That was awesome!
She wrote me a mail saying that they recently came across an image of mine on Flickr and they “would very much like to feature it in a Facebook and Twitter post going live next Monday, and hope that you will give us permission to do so. The post will appear on the following pages:

  • https://www.facebook.com/yahoosingaporenewsroom
  • https://www.facebook.com/yahoomalaysia
  • https://www.facebook.com/yahoophilippines
  • https://www.facebook.com/pages/Yahoo-Vietnam/50203816661
  • https://www.facebook.com/YahooIndonesia
  • https://twitter.com/YahooSG
  • https://twitter.com/Yahoo_MY
  • https://twitter.com/Yahoo_ID
  • https://twitter.com/YahooPH


And with it there would be a funny text, and they “will add “© Arno Enzerink on Flickr” as an image credit. However, we would first need a copy of this image without the watermark.”
And “The Yahoo and Flickr teams are honoured to have you as part of the Flickr community, and your contribution would be sincerely appreciated.”

My “contribution” would be sincerely appreciated.
I bet it would.

The moment I read this, I instantly was reminded of this precious reply Mr White gave to a large multi-million dollar entertainment agency who contacted him and wanted to use his music for free because they “didn’t have a budget for music”.
You can read about that here: http://www.digitalmusicnews.com/permalink/2013/11/06/whitey

I kindly thanked the Associate Creative Director for her inquiry and told her for the use of the image in the places she indicated the fee would be US$175 and that I would provide them with an unwatermarked image and an EULA when I had received the payment.

I gotta give it to her, she wasn’t as blunt as the example in Mr White’s case.
She kindly thanked me for my prompt response and she “totally understand that you need to charge for this, since you also run an image library, but we’ll have to pass this time I’m afraid”.

She understands that I need to charge for this, since I also run an image library.
REALLY?
Does that mean that people who DON’T run an image library should NOT be compensated for their work?
I know that there are plenty of people out there who would jump a hole through the roof if they were to be contacted by Yahoo with the question if they could use their image, and that for my “no” there will be 1,000 “yes”s.
And I won’t deny that I’m honored that they contacted me (regardless of the fact that the image in question was far from my best, but it was funny, yes). But here comes in the whole misconception again that people should he happy for just the exposure and the credit.
It doesn’t work like that.
Yahoo is a famous, multi-billion dollar company. They should not abuse the power of their name to get people to do stuff for free for them.
THEIR services aren’t for free. They make money.
I have to pay my bills as well, so why shouldn’t they pay for MY services?
And also… I can’t even really claim credit for this, since I just pressed the shutter. This little piece of art was made by one of the great people in the kitchen of Camiguin Action Geckos in the Philippines.

Anyway…
They were going to put up my image wishing everyone a happy Monday next week.
Well… I’ll put up my image here – for free-, and I’ll wish you all a very happy Friday, and a magnificent weekend!

Breakfast of Kings

D800, ISO800, 1/125 sec @ f/2.8, Nikkor 50mm

Kluun, Raymond van de Klundert, is one of the most famous writers in the Netherlands.
I think he’s a funny guy, sometimes, although he can come across a bit arrogant.
Just recently he pretty much screwed up all the positive sentiments I had with him.
His website was taken down, and instead came a big notification stating the following (translated from Dutch):

Have you been the victim of an outrageous claim from a photographer for placing a photograph to accompany a piece on your blog?
Are you a blogger and have you ever received a threatening letter from a lawyer or photographer in which you were told to pay hundreds or even thousands of euros, because you ever had a photo placed with a blog post?

Let us know. Mail it to xxxxxxx@xxxxxx.nl and tell us in that mail:

  • the year in which it was on your site or on your blog
  • the year you received the threatening letter in which was announced you had infringed copyright
  • where you took the picture. Google Images or another place on the internet?
  • the photograph plus article / column / blog
  • the name of the photographer and the lawyer of the photographer
  • how did it end? Did you pay? Did you settle? Didn’t pay? Went to court?

Mail us! We plan to fight a principal battle against these practices by photographers

I’ve written before about copyright infringement. I’ve been on the infringed end of the rope. I’ve sued and settled. And I’ve sent take-down notices. And I’ve let things be.
Generally I’m ok with people using my images on PRIVATE blogs, provided they accredit the picture with my name or a link to my website. I’m NOT ok with people using my images on commercial blogs or websites. I will pursue those, if I find them.

What Kluun is doing here is probably the most hypocritical thing I’ve seen in a long time.
He is in the business of writing. He knows everything about copyright and copyright infringement.
And yet he accuses the photographers whose pictures he steals of outrageous practices.

These claims he’s talking about? They don’t just come falling out of the sky.
These claims he’s talking about are penalties for him breaking the law.
He hides behind Freedom of Speech, but he’s got his ego so far up his ass that he’s confused with the terminology.
Freedom of Speech means (bluntly) that you’re free to say whatever you want. Freedom of Speech doesn’t mean you can say whatever you want and STEAL images to illustrate your Freedom of Speech.

First of all, I think 90% of these claims would not have even existed if he would’ve taken the common courtesy of asking permission to use the image, instead of just copying them off the internet. He, as a writer, should know that, just because it’s on the internet, it’s not for free. Had he had the decency to ASK the photographer “Hey, I saw this great image on your website (or I found this great image of yours in Google), can I use it to accompany a piece of text I wrote on my blog? I will accredit you with the image.” I think most of the photographers would’ve gladly said yes. But if you go ahead and just nick just about any picture you come across which you can use and assume that a) the chances a photographer will find it because the internet is so big are non-existent; or b) everything on the internet is public and thus for free and for grabs; or c) you are a writer and everyone has to respect YOUR copyright but there’s no need to give a shit about anyone else… Yeah, sure, then you can expect that at some point you run against a wall. And rightfully so.
And we’re not even mentioning the fact that he’s making money with his blog through Google Ads. So his website in fact is a commercial website. He was making money with stolen work.

The guy is a writer, he’s written several books. What do you think he and his lawyers would do if we were to copy his books and go about pasting that on our blogs without proper accreditation?
So he’s expecting photographers, who also have to pay their bills in a market that is already highly competitive and very hard to survive in, to shut up and give us his pictures and he’s making money on everything he does and expects others to stick to the rules and not touch his work?
Does that sound fair to you?

The law is already on its way to orphan a large part if the images, we don’t need another idiot to sue photographers for trying to make a living.

I sincerely hope, as a photographer, that Kluun will lose any lawsuit he’ll start and that he has to pay every penalty (and then some) he’s received so far.
Kluun, as a person with celebrity status in a country, should accept the fact that he has a role model function to fulfill, and don’t assume that he’s above the law.
I usually don’t wish bad to people, but he’s just an example of a hypocrite for which I don’t feel any empathy. I hope he gets to pay.

Not my own post, but something rather hilarious everyone should read:

http://www.shapelessmass.com/index.html/?p=578#comment-104

One of the pictures apparently has been doing the round already for quite awhile, but I bumped into this blog post only now.
And after reading and after I had recovered from my initial surprise I giggled myself silly.

It’s about an artist who had put up some pictures on his website. Another guy had made a website for his business and bluntly hotlinked -not even copied- the images to his own website and also used it in other things.
Then after awhile the artist took down the website or the images from the website and prompt got a mail from the other guy who threatened to sue the artist with legal actions if he didn’t put back the pictures, because he had used them in all his business material and had no longer access to them and this would damage his business.

I know… hard to believe, but geesh, did it crack me up 😀