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JUST BECAUSE IT'S ON YAHOO OR GOOGLE DOESN'T MEAN YOU CAN USE IT

By
Real Estate Agent with Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate 303829;0225082372

                                                     
                   DANGER, WILL ROBINSON   *   DANGER, WILL ROBINSON  *  DANGER, WILL ROBINSON

WILL FOLKS, PLEASE, PLEASE, GET THE MESSAGE - JUST BECAUSE YOU SEE SOMETHING ON YAHOO, GOOGLE OR ANY OTHER PLACE ON THE INTERNET, DOESN'T MEAN THAT YOU CAN JUST TAKE IT AND USE IT.  IF YOU DIDN'T CREATE IT, MAKE IT, WRITE IT, OR BUY IT, YOU CAN'T USE IT.  IT ISN'T YOURS TO COPY AND USE.

Now, I'm trying to introduce a bit of humor into this matter.  Perhaps if only to get Active Rainer's attention.  But, this is a VERY serious matter.  You do not have the right to use images that you do not own.  ESPECIALLY MY MAPS. 

Where do people get these maps???  One likely place is the "IMAGES" feature on Google, Yahoo, Searchmash, etc.  However, just because you can FIND an image there doesn't give you the right to USE an image that you find there. 

Unless a web page has clear instructions 'YOU MAY USE THESE IMAGES", you may NOT use those images.  Permission to use copyrighted images must be granted or conveyed.  It may NOT be assumed or taken for granted. 

TAKING IMAGES FROM YAHOO OR GOOGLE OR OTHER SITES ON THE INTERNET MAY BE VERY DANGEROUS TO YOUR FINANCIAL HEALTH.  In the case of my maps, it will be VERY dangerous to your financial health. 

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This image may be subject to copyright.

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The map seen above is one of my copyrighted map images.  The person who used that map in their article took it, I believe, from Yahoo.  The Yahoo page CLEARLY says "This image may be subject to copyright."

HOW CLEAR CAN A WARNING BE???  In fact, the image on the agent's article still links back to my web page, which is how the Google and Yahoo image features work.  THE IMAGE HAS MY NAME ON IT.

I have written a nice note to the agent that wrote the article that they should remove the map image quickly.  Let's hope they do so, quickly. 

In case someone is wondering why I get so exercised over the use of "just one of my maps" (a comment I have read), it is because I created these maps to appeal to consumers of real estate services for my brokerage.  By using my maps on their web page, that agent has gained a competitive advantage through the use of real estate promotional material designed and distributed for the benefit of MY brokerage, NOT theirs. 

Would they expect me to pay for a magazine ad that they use to promote a listing?  Of course not.  Would they expect me to pay for the yard signs that they use to advertise their listings??  Of course not.  However, they are using my resources to promote their real estate services on the Internet.  That is why I pursue these copyright infringement cases and am relentless in collecting damages.   I will not permit my competitors to expect me to subsidize their business.  

RAINERS - - PLEASE DO NOT USE IMAGES, PHOTOS, MAPS, ANYTHING FROM A WEB SITE THAT DOES NOT BELONG TO YOU.  Protect your financial health and become educated about copyright and plagiarism. 

Lenn Harley, Homefinders.com

 

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Comments(18)

Marc Blasi
Palm Beach Gardens, FL

Gee- do you think people are a little, let's just say 'not-too-bright'?

Damn, the image even had links back to your homepage?

 I'd like to know how I can create my own maps and copyright them - suggestions?

Dec 29, 2006 11:30 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Hi Marc

Just design what you want on a map, have it produced by a graphic artist, pay for it, publish it (or not) and send in the Copyright Application to the US Copyright office along with $30 and about a year later, you'll get a Certificate.

I have about 60 of them. 

BUT, the image that you own is copyright protected the minute it's done.  It's protected when you publish it.  Publishing an image does not give anyone the right to use. 

The ACTIVE RAIN guys are doing it right.  Anyone who publishes anything her MUST affirm that there is no copyright protected material in the article, etc.  I gues folks just don't read or understand, or think they won't get caught.  I'll admit, it defies logic.   

 

Good luck.

Lenn 

 

Dec 29, 2006 11:36 PM
Ann Cummings
RE/MAX Shoreline - NH and Maine - Portsmouth, NH
Portsmouth NH Real Estate Preferrable Agent

Lenn - how do I put my name and/or my link in a picture that I take, the way you mentioned above?  I name most of my photos when I save them to my computer, but I'm wondering if it involves more than that to accomplish what you've mentioned.

Many thanks!
Ann

Dec 29, 2006 11:39 PM
Marc Blasi
Palm Beach Gardens, FL

Thanks Lenn-

That's good to hear that it's protected when it's finished!   A YEAR to get the certificate?!?

I have another question - I'm not trying to be silly, I just don't know how this would work-

Say someone wanted to use that map - If they gave you full credit for producing it would that be OK?

Dec 29, 2006 11:42 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Marc

The maps on my web page are to attract consumers to my real estate brokerage for my and my agent's services.  I wouldn't want anyone not in my company to use my maps to compete with me, which is what the article does that I wrote about.  She's in MY MARKET AREA and she's using MY maps to advertise HER services and that of her broker. 

If someone is not in my market area, I would have to consider them on a case by case basis. 

For instance, you could put up a referral page for my market area and use my maps to attract buyers to refer to my competitors.  AND, we also host the Kemper Open right here in Potomac / Bethesda, Maryland at Avenel. 

Lenn

Dec 30, 2006 12:12 AM
Maureen Francis
Coldwell Banker Weir Manuel - Bloomfield Hills, MI
Coldwell Banker Weir Manuel

Lenn,

I think we need to repost this message every couple of weeks.  People do not get it. 

I have seen some blogs with super images on them here.  Then I do a google search and the image is the first one that comes up for a particular phrase.  Uh-oh~!  Not so OK. 

 

 

Dec 30, 2006 12:14 AM
Allison Stewart
St.Cloud Homes - Saint Cloud, FL
St. Cloud Fl Realtor, Osceola County Real Estate 407-616-9904

Hey Lenn

Copyrighting your maps is protecting what you have created. There is a guy who does car photos and imprints right on the the 'c' encyrption with the year...saw one of his stolen photos on Ebay.

It happened to me as well with a photo I shot for the local newspaper I have been writing for for many years-low and behold, there I am at an Association Meeting when I grab a copy of their "Hometown Newsletter" to see MY PHOTO on the FRONT PAGE!  They right clicked it off the newspaper website. Needless to say I made a phone call to the owner of the newsletter and didn't know whether I should be angry or flattered. I offered a solution they could send me a check for using MY photo, or print a retraction and give photo credit where credit was due. They are an upscale neighborhood. They opted for the retraction and photo credit. You go girl and protect what YOU have created!  Thanks for the post

Dec 30, 2006 12:26 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

I believe that Maureen is right.  This post needs to be repeated about every two weeks. 

As of now, my Prince George's County map has been removed from the Rainer's blog on Localism.com.

Giving the agent the benefit of the doubt because it's virtually impossible to get away with anything nefarious on ActiveRain, I can only assume that she didn't know that it was wrong. 

Perhaps the copyright notice should be in RED.  Ugh.  Wouldn't that be ugly.

Lenn

Dec 30, 2006 12:44 AM
Linda Davis
RE/MAX Home Team - Gales Ferry, CT

The Map Room blog is having a similiar discussion about maps in reference to the Jimmy Carter map mischief. 

Dec 30, 2006 03:27 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Linda.

I'm waiting for Dennis Ross to file a complaint against Jimmy Carter for damages resulting from copyright infringement. 

I saw Jimmy Carter interviewed last week and his answer to a question about that was "The maps are 'publicly available'" 

Geez.  Even this lowly real estate broker knows better than that.  But, then that might explain a lot. 

The arrogance.

Lenn

Dec 30, 2006 03:32 AM
"The Lovely Wife" The One And Only TLW.
President-Tutas Towne Realty, Inc. - Kissimmee, FL

Pssst...It's us. Happy New To You...Sorry we think it sounds better without the Year. SVW.

Last year's words belong to last year's language and next year's words await another voice. And to make an end is to make a beginning. "T.S. Eliot"

From Broker Bryant and The Lovely Wife...Wishing You a Good New. ROAR!

Dec 30, 2006 12:31 PM
Elaine Reese, REALTOR® in central Ohio
Real Living HER, Powell Ohio - Powell, OH
I found some photos of my listings on Google images, and wondered if people would think they could use them. My question is why does Google display all these images when they obviously have been taken from people's web sites? To the average person, I can see how they might think it's OK to use the photos.
Dec 30, 2006 01:54 PM
Richard Marcum
CENTURY 21 Sunrise - Almont, MI
Flickr.com is a good place to find photos that are ok to use.  You can search for ones with a creative commons license.
Dec 30, 2006 02:59 PM
Sharon Simms
Coastal Properties Group International - Christie's International - Saint Petersburg, FL
St. Petersburg FL - CRS CIPS CLHMS RSPS
Photos or text - stealing is stealing. It's good to have a good copyright attorney on retainer. Even letters from attorneys help.
Dec 30, 2006 10:11 PM
John Novak
Keller Williams Realty The Marketplace - Las Vegas, NV
Henderson, Las Vegas and Summerlin Real Estate

Now that ActiveRain allows us to flag posts we can report 'stolen' images. I would like to give agents the benefit of the doubt initially, but that's it. Agents need to respect the time and effort that goes into creating unique content.

Dec 31, 2006 10:35 AM
Jay McGillicuddy
Berkshire Hathaway HomeServices Verani Realty - Exeter, NH
Real Estate Broker

What if you purchase software from an internet software company and then you upload the software template that they sold you to the web and then you find out that the graphic on your new site may not have belonged to the company that sold you the software in the first place. 

As the end user would I be liable for copyright infringement of that image?

Sep 11, 2007 06:11 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Jay.  That's a tad complicated for me, but I would go after the agent using my images to compete with me on the Internet.  If it reached litigation, they software company could be sued by the user. 

I believe that most software cmpanies are smarter than that about stealing images from the Internet.  Or, they think they won't get caught. 

I've had a few agents try to pass liability to their web design companies.  I have one doing that now.  However, I hold the agents using the image ON HIS WEB PAGE responsible.  They are the ones competing with me.  They are the ones I want damages from.

Lenn

Sep 11, 2007 10:49 AM
Jay McGillicuddy
Berkshire Hathaway HomeServices Verani Realty - Exeter, NH
Real Estate Broker
Thanks Lenn, I'll keep you updated as to what happens. Thanks Jay
Sep 11, 2007 12:10 PM