Dem Tiefin’ We?!?: Copyright infringment and the local blogging community
Graffiti Art – Queen’s Park Savannah
Several months ago I was shocked to learn that an application on Facebook was flagrantly using my images. I’m no stranger to finding my images on other people’s sites and I’m usually quite flattered. In most cases bloggers and social network users credit or link to TriniGourmet, and in all the cases I’ve spotted so far, they have kept the copyright watermark tag on each photo. What made this case different was that not only were my images used without my permission, and without credit, the individuals involved had also carefully cropped my watermark out of EVERY image involved. This clearly had not been an oversight on their part! Adding insult to injury they were also Trinidadian! After sending a sternly worded email to the creators requesting credit be given, or the watermarks be restored, their response was to pull the application down, rather than mention this site as the origin of the images. Amazing! As a result I have added a Copyright Notice to this website, regarding the use of my images as I would prefer them. Funny thing is for non-commercial use I have no problem letting my images be used for free, or even without written permission (as long as my watermark is kept/or a link to this site is provided). It really is amazing to me that some people aren’t even willing to do that!
Since that time, a similar attitude has been displayed, by locals, towards the works of Guyanese based Trini blogger Chennette as well as my local compatriot Lilandra who recently awoke to find one of her photos boldly featured (but not credited) in the local Express newspaper!.
In my mind these infractions are made even even more hurtful because they are being committed by people who share our background and in most cases are representing public institutions that one would hope would be aware of concepts such as intellectual property and ‘journalistic integrity’. C’mon people is it really that hard to attribute the work of others? Are you afraid it will take away from your own material?
If you’re a blogger who has experienced copyright infringement I’d love to hear your experience and how you handled it!
ETA (Nov. 13): Since I originally wrote this article I have learnt that the Express has also used Chennette’s work without attribution, permission, or compensation. It leads me to wonder if those bloggers whose images are in Flickr’s directory (mine aren’t) are especially vulnerable. In the days that have passed since this post was originally made I have received messages of support, many stating that this is something that the Express has been doing for quite some time. Tsk tsk tsk. I have to send special thanks to those bloggers who have linked to this article and have helped to spread it among the local online community. We definitely have to watch our own backs and it’s sad that rather than taking our journalistic cues from the old guard, it appears that they need to be learning that from us…
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That is madness! None of the examples you gave are less ‘bad’ or ‘good’ since they are all doing the same thing – but the Express one surprises me most of all, as it is so blatant! Yes, what does it take to credit someone’s work? Removing the entire application is cowardly and shows lack of ability to confront and to be honest with oneself and others.
Trinis get away with too much … and therefore feel they can continue to do so. Why else would someone blatantly use someone else’s image on the web or in the papers and not feel they would get ‘caught’? They probably think that even if the person noticed they would keep quiet because ‘all ah we is one.’
I don’t know firsthand if anyone has used any of my images. Perhaps … although I’ve never seen them – other than once, on the site of someone I didn’t know (in Brazil, I think) – and it was credited.
If people are cropping off the copyright tag (as with your images), then the only thing to do is put a huge opaque watermark over the whole image.
Elspeth – hehehe you are so spot on, and yes to me the Express was just the icing on the cake, on just the lack of respect that other people’s work and talent is given. It wouldn’t have taken away from their own credibility, it was just laziness and ‘boldfacity’ … I have toyed with the idea of the huge opaque watermark but i just can’t bring myself to do it aesthetically, esp. as the instances have been so far in the minority. I’m happy that i have people who have reported infringements to me, makes me keep the faith
But yeah, I’m watchin’ em!
Actually, the Express used a photo (uncredited, no permission) of mine just a few days after Lilandra. I just didn’t feel like blogging about it. After a month of no response from their lawyers, I’ve sent the files to lawyers in Trinidad – so that they can at least be urged to respond. They should at least have a policy on responding to this quickly, rather than hoping we give up.
I found an application on Facebook using my photos, I just need to email them. I am getting back my righteous energy – but focusing on the commercial enterprises, like…newspapers who should know better.
Chennette – Stay on em girl… this is really disgusting to me
Hmm. To think that the Express also did the same thing to Chennette?! What makes it so baffling is that this is a daily newspaper that people will actually SEE! It’s not some out of the way little website that (a) no one ever looks and and that (b) one would hope an honest person reports to you if they discover plagiarism/infringements. And lawyers not responding. Is this a matter of the issue not being important enough to follow up because the offendees are ‘just little bloggers’ who can’t do anything about it?
And Sarina, I agree with you re the big watermark. Aesthetics not pleasing.
Elspeth – boy, what gets me is that so called ‘watchdogs’ don’t seem to put themselves under the same microscope.. who gonna guard de guards fuh true! Anyway, I wanted to talk about it, and I’ll publicize it every time I can cos these articles do disseminate, and they need to realize that they too are accountable. Hopefully I’ll never have to take the legal route myself
Ditto re hoping for never having to take the legal route too.
I’ve found that a strongly worded message works wonders. I’ve had about 16 cases so far, and none went into litigation.
Of course, none of them were local.
In your case, I’d send a message to the editor – and depending on the response, or lack of it, lawyer up.
Unfortunately, a strongly worded message can’t recant a photo published in a printed newspaper – such messages have worked for persons using my photos in online publications, or online commercial sites – at least to secure their removal. To get credit (or compensation depending on the situation) is another matter entirely.
I wonder if I should at least lodge a complaint with the Media Complaints – particularly if it seems to be a regular practice. These photos aren’t on the online Express, so I have to rely on my mother and sister knowing all my photos
Hmm. Well, I’d talk to a lawyer. It’s a straightforward case of copyright infringement. As I recall, damages on print media are often based on circulation – not the price that they are willing to pay. In my humble opinion, you need to hurt them for all of us this time so that they pull back a bleeding stump. It’s unconscionable.
Might even want to talk to COTT about it first. After all, they have lots of people wandering around charging businesses for playing radios… maybe they could do something useful.
Drop me an email, maybe I can help navigate the shoals.
For entertainment purposes, I offer a supporting post:
http://www.knowprose.com/node/19704
And rely on our reading the express that day.
When mom retires it might be a bit more iffy…we’ll like have to make a time slot and just go through it.
It’s upsetting.
I wonder if I email now I’ll get the same response…lawyers.
And I sent many strongly worded emails.
This is Chennette’s stolen picture:
http://flickr.com/photos/lilandra/2938331395/
[...] Express Ahoy there Trinidad Express – it appears that you”e taken some booty from a fellow blogger. That’s called piracy in some parts o’ the world. How can you use a picture from the Internet [...]
Knowing the way lawyers work (from the inside), once they get my lawyer’s letter they will finally scramble around to do something, from which point we can determine what is reasonable.
I’ve received numerous tweets that lead me to believe the Express has been doing this for a long long time… quite distressing
well judging by the numerous uncredited photos i see (plus evidence in our own cases), i strongly believe it
I might have to start buying the Express to see if they’re ripping me off too. Now THAT is an interesting form of marketing…
TriniGourmet, I’m really sorry to hear about your photos being ripped off like that, and in such a dastardly fashion.
You wondered whether people who post images on Flickr are especially vulnerable. I’ve been a Flickr user (http://www.flickr.com/photos/georgiap/) for several years (I rarely post photos anywhere else) and I’ve rarely run into trouble over copyright infringement.
I’ve found Flickr useful as well because I’m able to apply a Creative Commons licence (Attribution-non-commercial) to my images, which states clearly how I wish my images to be used and eliminates the need for people to request permission to use them. While this isn’t a guarantee against misuse, it gives me something to point to in cases of violation. I’ve found, however, that in spite of the licence, serious people do tend to write to let me know when they’ve used a photo, or to request permission if it’s for commercial use.
Facebook is another matter. The only photos I tend to post there are the ones I take for friends/family documenting events of interest to Trinidadian Facebook users, mainly because the level of ignorance of/disrespect for ownership of images there is astounding. I’ve begun adding a disclaimer to my photos, but the fact really is that because Facebook is a non-specialist environment where people are used to posting photos regardless of quality and without any specific purpose in mind, it’s a difficult space within which to evangelise about copyright issues, which is not to say that attempts to do so are necessarily useless.
I once had cause to write a stern message to a Facebook member who very blithely posted a photo of mine that had been published in Caribbean Beat magazine. My status message for that day was about copyright violation, and it attracted a good bit of attention. The Facebook user responded quite graciously in the end, and added a credit.
The Express, however, is yet another matter. That is just plain abuse. But I have to say that I’ve found many local journalists to be spectacularly-and sometimes proudly-clueless with regard to things internet-related.
I’ve been following this issue for some time since I saw it on chennette’s site. It’s sad that we are the ones putting Trinidad and Tobago on the world map, only to be stabbed in the back by our own. If there are still pirates on the streets selling music, far less for pictures on the internet being stolen and altered. This, to me, is just a reflection of how crass our society has become. In the mean time please defend your site. It’s not fun and games anymore.
[...] Oh and Trinidad Express still hasn’t properly responded to me. About what you say? Copyright Theft! [...]
Legal letters to the relevant people, though expensive, will have it all sorted out. Charging them three times the commercial rate per photo t6hey steal should be a nice (and profitable) way of getting the message across.
Not only would I watermark your images, I’d use steganogrophy.
But yes, get the lawyers involved. Make them pay.
Hey Jobity
Chennette and Lilandra’s legal letters have all been ignored. Maybe they need to get more threatening yes. Hope they see this! I have some other incidents by local media outlets to update this post with actually… now you gonna have me look up steganogrophy!?!
anyopne can advise on what’s the going commercial rate for use of photos in newspapers etc?
I plan to revive the issue – I did let follow up lapse, but the timeframe for liability is nowhere near ended yet.
I am not at all surprised to hear this…both the Express and the Guardian routinely steal things from the Internet. Writing in to them makes no difference. Until someone takes them to court for this they won’t stop. Can’t you also report them to the copyright assoc. I hope you follow this through…they do it because they are allowed to get away with it! If the lawyer letter is ignored I would take it to court but because there is no small claims court in Trinidad the reality is that lawyers would not be interested in your case unless it involves a lot of money. In that case see if you can find one willing to file the necessary paperwork on your behalf and represent yourself in court…there is no case as such to prove it’s simply a presentation of facts. They stole your work. Let the magistrate arbitrate the matter. BTW I am not a lawyer. This is just the way I have choosen to go re an unsettled insurance claim…Best of luck.
another idea for you, – a bigger embedded watermark perhaps?
Hi
Newsday took a photo of mine from Flickr, posted it full page on the front page of the second section. My lawyer sent a letter. They sent back one apologising, and offering my a fee for the use of the image (retroactively).
We are taking the cheque and sending them a (retroactive) one time use license for the use that they have ALREADY made of my image. If they use it again, the letter stands ready to send again.
It wasn’t difficult or even very costly. The payment will totally cover the fee for the letter and even a little left over to buy a beer or 2!
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