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Copyright Redux

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

Keep up the good fight Kathleen.  See: ASK AN AMBASSADOR: What Do I Do When I Find A Plagiarized Post?

So far have we come, so far have we yet to go!!  I'll accept the "copyright queen" title if it will help members.  Ask a few members who have gotten a "demand" letter from Getty or another content owner whose content they have used in their web sites or within ActiveRain.  I've received a number of phone calls from members about these demand letters so I know that entities that publish content are watching. 

Kathleen advises, "give credit or remove it" ?????  

NO, NO, NO.  WHY, WHY, WHY GIVE A COPYRIGHT THIEF AN ALTERNATIVE????   ESPECIALLY A SOLUTION THAT DOES NOT REMOVE THE VIOLATION? 

GIVING CREDIT IS ATTRIBUTION.  ATTRIBUTION IS NOT PERMISSION.  Until and unless there is written PERMISSION to use that content, it cannot legally be used.  I'm not a lawyer and if you are, and have better information, let us know. 

Contrary to popular opinion, there are many law abiding writers.  Hardly a week goes by without a telephone call or e-mail from someone who likes one of my copyright protected graphic maps.  If they are not a competitor, I simply e-mail them permission.  It's so easy. Have I pursued competitors who used my copyright protected maps?  You bet I have and they have paid from $2,000 to $41,000 in damages.  When one of my images is found on a competitor's web site or blog, I politely (I'm a southern lady and always polite) contact them and ask them to kindly remove the offending content.  REMOVE ONLY.  If they want to continue to use my image in their web site, they can make an offer. 

Just this past week I spoke with a lovely gentleman who is writing a book about the Eastern Shore of Maryland.  He found one of my maps of that area on Google Images and contacted me.  Of course I sent an e-mail giving him permission to use my map.  He promised to send me a copy of his book when it's published.  I look forward to it.

However, giving a copyright thief a half-way remedy ("give credit or remove it") doesn't address the basic problem. The only solution is to comment to their post, "The content of your post is copyright protected.  Did you write it??"

Shame them???  HA!  I doubt that the copyright thief will be shamed.  If they could be shamed, they wouldn't steal content.  Assuming that a thief has a conscience doesn't work.  Copyright thieves are no better than a book thief in a book store.  They are just harder to catch and prosecute because the target of their perfidy is content and not a physical object like a book. 

Oh well.

 

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Comments(35)

Suzanne Otto
Six Twenty Designs - Lansdale, PA
Your Montgomery County PA home stager

That's true....by giving them the option to just always give credit at the end of the copyrighted content means they'll just do it again. To you, to others...it doesn't end.

Dec 15, 2013 09:56 PM
Sharon Miller
RE/MAX Platinum - Crane Hill, AL

Lenn,

For those who write, if you have created something which is original, unique and/or cutting edge, why not spend a few bucks and copywrite it? This won't guarantee some low life won't take advantage however, it gives you clear authority to approach an offending party and seek restitution or a retraction. The thought of being identified as a plagiarist will deter most folks from considering a second life as a literary theft. Leaving the barn door ajar invites trouble, put a lock on your literary valuables, you'll be glad you did..... 

Dec 15, 2013 10:06 PM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Lenn, I had the same thought when I read and commented on Kathleen's post. Giving credit doesn't fix the issue - remove the post.

Dec 15, 2013 11:00 PM
Andrew Payne Realtor® Richmond VA Homes For Sale~804-938-5257~
Piedmont Real Estate - Richmond, VA
Richmond, VA, Real Estate, SRES®, NAR Green

Lenn,

Thanks for your tips on copyright issues.  I took some photos with my iPhone at a PowerPoint presentation last week on an upcoming photography book called Natural Virginia.  Even though the post likely would help give the book more publicity, probably it would be best for me to ask the author's permission before including them in a blog post.

Dec 15, 2013 11:10 PM
Ruthmarie Hicks
Keller Williams NY Realty - 120 Bloomingdale Road #101, White Plains NY 10605 - White Plains, NY

I had someone contact me about using one of my photos.  She was offering me a link and asked me to link to her blog in return!  Her blog was brand new and was going to do nothing for me in terms of traffic.  I told her to pay me for the photo pronto or take down the image.  Since she was brand new to blogging, I felt that was enough.  She seemed to really think she was offering something of value!   I explained that I sell my photos for money and links don't pay the bills.  I also explained that since I'm paid by quite a few agents and a couple of businesses to do their photography for them, I can not just give away photos to bloggers gratis. It wouldn't be fair to my paying clients.  She took the photo down.

On the other side of the coin, I'm  currently developing a course on the history of 20th century technology in several specific areas for a local university.  I'm going bonkers trying to find photos I can use for powerpoint slides and lectures.  Its a pain in the neck.  So I understand the temptation to simply raid the internet.  And in this case, I need them for free because I'm not getting that much money for the work involved.  Eventually, if this works, I want to develop it for MOOCs.  Bottom line: if you do the right thing from the beginning it won't hurt you later.  

Dec 15, 2013 11:45 PM
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
St. George Utah Area Residential Sales Agent

Lenn, Chances are the plagiarizer has also copied and pasted it to other real estate driven web sites, not just here. It is against their rules and regulations as well. This was my experience with a tag line photo that I created and the agent said because it had the name REALTOR in it, he could use it.

Dec 15, 2013 11:59 PM
Jason Crouch
Austin Texas Homes, LLC - Austin, TX
Broker - Austin Texas Real Estate (512-796-7653)

Lenn - In fairness, I made a mistake years ago and used some images that I shouldn't have on my blog. I got two separate demand letters from Getty Images, asking for something around $20,000. I didn't do anything with the letters other than put them in a file, although I did delete the images, and they never pursued it, despite the fact that their letters were aggressive and forceful, stating that they would take me to court regardless of whether I deleted the offending images. That was in 2007, and nothing else ever happened. I think they're scam artists, preying on people who don't know any better, or who will simply send them money to avoid legal hassles. 

Dec 16, 2013 01:26 AM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

JOAN OF ARC...no

 

LENN OF ARC..yes

Dec 16, 2013 01:33 AM
Anna "Banana" Kruchten
HomeSmart Real Estate - Phoenix, AZ
602-380-4886

Lenn I talked to an interenational artist the other day and he told me he's so tired of people using his work all over the planet but there isn't a whole lot he can do about it without a huge attorney bill in whatever country it's going on. That conversation took it to a another level.

Dec 16, 2013 02:38 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Ruthmarie.  You have a good handle on the matter.  Good for you.  Good luck with your new venture.

Fortunate that a newer agent cooperated.  Generally the less experience they have, the more dangerous they are.

Wanda.  HA!  One sad excuse is as good as another.

Jason.  I'm convinced that there are "Getty imatators" that pray on the unknowing.  I got such a letter on one of my own photos.  HA!  Didn't work.

Richie.  I love it.  Thank you.  I know my actions resemble a crusade.  Fine with me.

Anna.  I have pursued claims for damages against about 20 copyright thieves.  I've collected far more in damages that my attorney charged.  You must, however, be selective in whom to pursue.  Some just take a Ceast and Desist letter.  Some require more which raises the claim of course.

Also, to file for damages in Federal Court which is the court for copyright claims, the image/photo MUST be registered with the copyright office.  Fine with me.  Takes a minute on the Internet and $35.

 

Dec 16, 2013 03:00 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Kathy.  When you find one that is a violation, AR should fine them points.

Brian.  I carry no authority by ActiveRain to do anything.  I just try to make them aware that someone is watching.  That's about all I can do.

Tammy.  As with any law breaker.

Bill and MaryAnn.  The myth that attribution is sufficient is perpuated by folks on ActiveRain who should know better.

Suzanne.  That bad advice is so hard to fight.

Sharon.  BINGO!  You can sue for damages unless the image or article is registered.

Michael.  Kathleen corrected.  She's a learner.

Dec 16, 2013 03:09 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

And attribution is often a mind-number to some.  They will put in the name of the person and cut and paste their entire content.  You can quote with attribution, but not cut and paste the entire post.  

Dec 16, 2013 03:20 AM
Jim Beitz
Keller Williams Success Realty - East Layton, UT

Always love your copyright posts.  I can't believe how many people think so little of the thought of protecting your work.  Like the guy with the Statue of Liberty postage stamp...so many here thought the case was a downhill slide.  Personally I say he was protecting his work.

Whether it's photos I take - or blogs I write.  I create my own - and if you like it and want to use it don't just steal it.

Dec 16, 2013 03:41 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Carla.  That's a "snippet" and an exemption to the copyright limits.

Utah.  I am of the belief that most of the "misunderstanding of copyright law" is simple justification.

Dec 16, 2013 05:16 AM
Norma Toering Broker for Palos Verdes and Beach Cities
Charlemagne International Properties - Rancho Palos Verdes, CA
Palos Verdes Luxury Homes in L.A.

Recently, one of my original content posts magically appeared on a local agent's FB page--copied word for word with no credit and no permission.  It's nice to know the competition is watching, but not so nice to see my article stolen.  

Dec 16, 2013 06:05 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Norma.  Happens all the time.  I sure hope you set her straight.

Dec 16, 2013 06:18 AM
Mike Cooper, Broker VA,WV
Cornerstone Business Group Inc - Winchester, VA
Your Neighborhood Real Estate Sales Pro

Sadly, Lenn, I think this is a problem we're going to have with us for a long time. It's too easy to steal cyber-snippits and less easy to get caught, but that is changing 

Dec 16, 2013 08:47 AM
Alex Popovic
602 CRE - Phoenix, AZ
Alex Popovic Developer, Real Estate Broker

Lenn,

What an excellent blog and topic, your personal experience is invaluable.  Could you contact me to discuss copyright violation with my images on a blog and what you'd recommend?

Dec 16, 2013 09:59 AM
Peter Pfann @ eXp Realty Pfanntastic Properties in Victoria, Since 1986.
eXp Realty, Victoria BC www.pfanntastic.com - Victoria, BC
Talk To or Text Peter 250-213-9490

Hi Lenn,

as always great info, 

when reblogging here in AR ( which i no longer do) it is easy to get into Getty trouble, as i found out

Dec 16, 2013 01:37 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Peter.  To reblog, one must take care of images on the original.

Alex.  You can call me anytime, 540-822-9907.

Mike.  I believe that "snippets" are permitted under copyright law.

 

Dec 16, 2013 06:37 PM