Today we live in a society filled with the wonders of technology. We are able to bring to light so many new images and methods for producing those images… that it boggles the mind. Yet, at the same time, we - as a people - have not learned the basic fundamentals of privacy and rights of the individual. We fail to recognize that what another person creates is their property and only their property.
If I have my rights violated, I scream to high-heaven and so do you. But if you have an image I want to use and it’s been placed on a FREE Internet site - there seems to be an immediate disconnect about who owns that image. Far too many people today have the totally unfounded and errant viewpoint, that…
“IF it’s on the Internet, it’s free to use. No questions asked.”
Well, if you’re of that mindset, then I only have one thing to say to you …
Stay away from my work or the work of anyone I know … ’cause I’ll sue your sorry ass from one end of the earth to the other!”
Now that those parameters have been set … here’s why I make that very blazen statement and warning.
1) Digital Rights belong to the creator of any item deemed in the ‘creative realm’; image, audio, video, text .. in whatever media/medium available at the given time.
2) Public display does not abrogate the property rights given under a Copyright, Trademark, Servicemark or Registration mark registration, laws or statutes.
3) You, nor I, have permission to use or access to any ‘creative work’ without the EXPRESS WRITTEN permission of the rightful owner of said creative work. Implications or perceptions are NOT part of the process.
4) Protect Thyself!! You really cannot rely soley upon the legal system to protect your property rights to creative works. You really should know the legal rights and ramifications of your creative works; anywhere you place them; their distribution and hosting online. Know and understand your rights under-the-law and your limitations under-the-law; don’t wait for someone to tell you what they are.
5) Take every precaution possible to protect your work, but don’t worry about trying to save it from getting scratched. Know the limits to which you can afford to protect your work, then take the steps to insure that such protection is consistant and sensible.
We recently came across a young lady photographer from England, who displays her photographic art on the Flickr community site and is going through a very difficult time right now. She recently found out one of her photos was stolen and is being used for the covershot on a repackaged Porno DVD. She is understandably upset.
She tracked down the purveyors of the DVD and asked them to remove the image. But her naivite was met with extremely unkind remarks and complete denial of any use or intent. When she told them the photo of her was taken when she was 14 years old they only laughed at her and then ridiculed her. But still, they didn’t remove the image.
She then sought solicitors (lawyers) in her country of England to help; no takers. She sought help from lawyers in the U.S., but again no takers. She was told she would need at least £50,000 to ‘…take on…’ such an action.
This young lady is only 17 years old. Her repuation is at stake, not just the illegal use of an image, and still no one is willing to help.
Remember what I said earlier in Point #4, Protect Thyself. This is the reality of the old adage, ‘… an ounce of prevention is worth more than a pound of cure.’
Her troubles are not over, but she has finally procured legal help; according to her recent comments. She is being given some helpful advice, some not so helpful advice and some really lousey advice in her Flickr site’s comments. I hope she is getting good legal council advice !
The bottom line to this young ladies situtation is this … she is not likely to win a copyright violation suit; it’s unlikely she will be successful in prosecuting for use of an underaged child in a pornographic product … but it is highly likely, that in the court of public opinion, she may see some justice measured out. The story’s ending is yet to be written. We’ll let you know how it ends.
Read my comments in the Dilemma of Lara Jade, on her site: Lara Jade: Flickr
So .. Be smart. Be alert. Be aware. Be ready to take action to protect your creative rights. Because if you don’t … it’s not likely anyone else will either.
eDITOR@eDIGImag