Tag Archives: copyright

Busted.

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Busted. I got caught doing the very thing I warn everyone not to do. Copyright violation.

Photo by Markus Winkler on Unsplash

THE STORY

Last month I received and completely unexpected email regarding an image that I used on this very blog in 2017:

Unauthorized Use of Boxist.com’ Images Cease and Desist / Settlement Agreement – Case #150421B

It has come to our attention that you are using an image (or images) owned by Boxist.com (Stock Photography) for online promotional purposes without our authorization or a valid license which is copyrighted work in accordance with the copyright law, We own the image(s) exclusively and have filings with the U.S. Copyright Office for said image(s) under: Registration Number: VA0002000962.

We have searched our records and have not been able to locate a valid license for the use of the image(s) under your name, Attached for your reference is a copy of the image(s) in question and the usage found on your website, Also attached is a payment demand representing a settlement that Boxist.com would expect to receive for the unauthorized use of the image(s) should no license exist.

Although this use might have been unintentional, the use of our imagery without proper licensing is considered “copyright infringement” and entitles Boxist Stock Photography to pursue compensation for infringing uses, the consequences of copyright infringement can lead to substantial penalties, and If you continue to engage in copyright infringement after receiving this letter, your actions will be evidence of “willful infringement”.

List of the infringement materials on your website:

(Digital cached data and printed proofs of this infringement have been preserved for our use as evidence in any lawsuit or litigation proceedings).

________________________________________________________________________

YIKES!! At first, I did what any computer-savvy person would do – I googled the sender, hoping it was a scam. Long story short, it turns out that they were right. This company does provide images but they require a license. They also do a thriving business in searching for people who are using these images without a license, and they found me, four years later.

The image was something I had found through a Google search. Here’s what it looked like in the 2017 blog post:

In my own defense, when I choose something from Google images, I do a cursory search for copyright, but in this case (and in every case) you need to look more thoroughly.

Boxist.com asked for $150 to use their photo – it didn’t matter that I had already taken it down. I had used it without permission. I also found through searches that this company catches a lot of people this way – but they are absolutely within their rights.

In the end, I went to their site and paid $50 for a license to use the small version of the photo which I wasn’t even using any more on a four-year-old blog post. But the law is the law.

I quickly heard back from Boxist.com – here’s the email:

Dear Lyn,

I appreciate your attempt in resolving this matter, the purchase of a new license subsequent to notification of the unauthorized use does not address the copyright violation, but since you have already purchased the image from us, and such action make me believe that you had no intention to harm our business and this is all just an innocent mistake, so in good faith I will consider this issue resolved and the case is closed, also you have been granted a perpetual, non- exclusive, non-transferable license “meaning the rights are non-sublicensable, meaning that you cannot transfer or sublicense the image to anyone else” to use the Photograph for your online and social media uses under our standard license.
This is to confirm: Boxist.com (Stock Photography) is ending all legal claims and does hereby release and discharge you from any and all claims for copyright infringement regarding this case, this settlement is effective and the payment for the copyrighted image(s) is completed, our invoice and confirmation for the payment has been sent with the order email.
____________________________________________________________
Apparently, I escaped by the hairs on my chinny-chin-chin! Or at least with only a small financial penalty — and a big fat lesson! If you want to read more about this, check out this link (and be sure to read the responses).
Your Friend,
The Reformed Copyright Violator

 

 

 

 

 

Who owns your work – and where did you find that photo, pal??

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copyright

Yesterday, I had the pleasure of giving a presentation on the torturous, mind-bending subject of copyright in the digital age to an audience of first-rate artists at the Coppini Academy of Fine Arts.

Copyright issues are of particular importance to artists  – one, because a visual artist’s work can be so easily copied and distributed digitally these days, and, two, because most artists use or take photos as reference sources or use them in mixed-media pieces.

The presentation was limited by time and scope, but I created a Power Point slide show to illustrate some specifics. For this blog, I converted it to a video (who knew you could do that?? Live and learn!) because I wanted to share the presentation with you guys. It works just like a regular Power Point, but if you want to read a slide, you need to pause it. Of course, you won’t hear my not-so-brilliant comments, but you can get the main points.

Many thanks to Charlotte Cox and the Coppini for inviting me to present! It gave me a chance to brush up on those points that I used to teach at Trinity University in my Computer Science class. And, as I said in the summary, below, copyright is a slippery subject, rather like trying to nail Jell-o to a wall.

chectsheet

So get out there, create, and Steal Like an Artist – but respect the laws of copyright!