
Hi guys, I want to start off by saying that this post has nothing to do with the graphics I share and/or give away here on ActiveRain. When I post free blog graphics, wallpapers, calendars for you to use, it's because I want to and I'm more than happy to do it. That being said...
I'm not sure why some people on the net insist on learning things the hard way but I wanted to share my latest weekend adventure in hopes that anyone who still doesn't understand the consequences of copyright violation, will learn from someone else's mistakes and avoid being hit with a serious fine and/or legal action.
Here we go... once in awhile I try to take a weekend off... no work, no emails, no blogging. I thought this weekend would just be food, fun, watching movies & hockey. As often happens, I was wrong! I spent my Sunday afternoon taking the steps necessary to deal with another graphic artist using my work without my permission.
2 or 3 times a year, someone with even less brains than talent seems to test my willingness to defend the copyright to my artwork & graphics.
Late Saturday night I received an email from a fellow Rainer telling me about a custom Twitter background she had won from a graphic designer. Cool. I'm happy for my Rain friend. But there is a little problem, actually a BIG problem!!!

The graphic designer running the Twitter contest had taken one of my graphics (without my knowledge or consent), edited my work and pieced it back together with some text, a photo and a bunch of other stuff to the point that it looked like a really bad MySpace page.
Not only was this illegal and a copyright violation of my work, the amature, hacked up result of what she created (using my graphic as a starting point) reflects badly on me because my images are fairly unique and easy to recognize.
I've spent years developing my own style and a rock solid reputation. Having someone hack up one of my graphics to give away in a Twitter contest without my knowledge or consent is copyright violation at it's worst and judging by what I saw on their blog, they seem to be doing the same thing with other people's work. But that isn't my main concern.

If you're new to blogging and aren't aware of how serious and costly it can be to violate someone's copyrights, take a look at...
this post by Lenn Harley...
DON'T BE TRICKED BY WIKIPEDIA! Just because you believe it is in the "Public Domain" doesn't mean that it is. Even when someone says it is.
and from Rich Jacobson...
"A Picture is Worth a Thousand Words? How About a Thousand Dollars?" Community Guidelines Re-Visited
and a definition from Wikipedia...
Copyright infringement (or copyright violation) is the unauthorized use of material that is covered by copyright law, in a manner that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.

The reason I take this much more seriously than years ago is because it happens more and more often. Some people think that the net is such a BIG place that they'll never get caught. THEY'RE WRONG!!!
Years ago when I found someone using my work without permission I simply sent them a warning. Unfortunately a polite warning doesn't always work, especially if it's not backed up with "teeth" and a law firm.
After discovering one pinhead using an image he grabbed from my website and selling it as greeting cards on Cafe Press, that was the final straw. I began taking copyright violations much more seriously, found 2 law firms that specialize in internet law and copyright infringement if/when I have to take further action.

I have no idea why some people only seem to learn things the hard way or only when they receive a letter from a lawyer but this kind of stuff is so easy to avoid.
Reality # 1 is that if someone asks my permission to use one of my graphics on their blog or website, 99% of the time I say YES. Additional exposure never hurts and as long as I'm given credit for my work, I usually have no problem if someone wants to use it.
Reality # 2 is that with decent digital cameras costing just a couple of hundred dollars and stock photos & clip art available for free or next to nothing, there is no reason for anyone to take a chance stealing and using other people's work without permission.
Reality # 3 is that so many of us are connected in so many ways on the net, eventually someone will notice the copyright violation.
Reality # 4 is that when issuing judgments and penalties, the courts often look at how well someone defends their work so more and more creators of images, music, etc... agressively pursue every copyright violation.
Reality # 5 is that the one time someone gets caught violating a copyright, it can cost them anywhere from $750 tp $150,000 (see Lenn Harley's post above) so it's definitely not worth taking a risk.

To protect yourself, if you didn't create the images you're using you should always ask or be able to verify where the image came from before using it on your blog, website, business card, etc...
If you hire someone to design a blog, website, business card, you win a Twitter background or whatever, ask the designer what the source of the image is. It never hurts to ask them if that image they just created is 100% their own work. Otherwise you might end up on the wrong end of a hefty fine.

My point isn't to scare you, it's to make you aware of the realities of copyright violation and to be sure it doesn't happen to you.
If you want to use someone's images, all you have to do is ASK PERMISSION and many or most will say yes. But using, editing and giving away images that don't belong to you can be a very expensive lesson.



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If you're wondering how to customize your blog, take a look at our group's guidelines page for tutorials and graphics that you can download and use on your Active Rain blog.
If you have questions about technology, blog design or building web presence, let me know and I'll try to answer them in a future post!

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Thanks Marti.
For the record. I don't communicate with copyright violators. The first notice they get is from my attorney through a "Cease and Desist and Demand for Damages".
The fact that they have my copyright protected property on their web site is enough to establish damages. The only thing left is how much they will pay.
They either settle quickly or we let the judge decide.