COPYRIGHT INFRINGEMENT IS A SERIOUS VIOLATION OF THE LAW. 

What is copyright?
Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.  More . . .

  • (c) Statutory Damages. -
  • (1) Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work.
  • (2) In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000.

A legal copyright holder can grant a license to another person to use their copyright protected works, HOWEVER, a person who infringes on a copyright cannot grant permission or license for others to use.  Nor can a person who has illegally violated a lawful copyright holder's property, "release" such property "into the public domain". 

Licensing

Public domain I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide.

In case this is not legally possible,

I grant any entity the right to use this work for any purpose, without any conditions, unless such conditions are required by law.

On several occassions, I have seen images on ActiveRain posts with the caption "From Wikipedia Public Domain"  Since I'm not interested in using content, images, photos or other works created by anyone other than myself, I paid little attention.  UNTIL a few days ago when I discovered one of my maps included in a post on Wikipedia complete with the notice that the writer owned the map and was releaseing it into the public domain. 

When I discovered the copyright violation, I edited the Wikipedia page with a WARNING that the map included on the page was duly registered with the Copyright Office and the writer who posted it violated the law.  I included the Copyright Registration Number in my Notice. 

Today, I found that my map was still included on the page but my Warning was gone.  I also had mail from a Wilipedia person that my editi to the page was improper and that I had to go through channels to achieve my goal.  Seems to me that when a copyright owner disputes the "public domain" of an entry, the burden should be on the entity that posted the original images, article, etc.

I will contact the entity that posted my map and pursue it directly.  However, this experience reminded me of how many times I have read ActiveRain members post an interesting image and include the notice:  From Wikipedia Public Domain. 

That notice should not give one comfort.  In fact, it could easily be a set-up. 

Map of the Patriot District Member Schools Map of the Patriot District

 

 Courtesy, Lenn Harley, Broker, Homefinders.com, 800-711-7988.

 
Post is included in group: ABC's of Real Estate Marketing
Post is included in group: RealtorsĀ®
Post is included in group: The Ninety-ninth Percentile

40 Comments on 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.

SEP
11
2008
1 Featured Post

I haven't done that, but glad you pointed it out.

2:36pm • #1

It would seem the burden should fall back to the poster to prove it's theirs, especially with your homepage in the corner...

2:36pm • #2
112,231 Points 6 Featured Posts Outside Blog

UH OH to whoever did that! That's all I have to say on this one......

2:36pm • #3
304,465 Points 12 Featured Posts Localism Sponsor Outside Blog

Lenn,

Interesting info, thanks. Guess someone thought they could just take a big eraser to your comment and that's the last they'd hear about it.

BTW, I see photos here that say copywrited all the time??? I'd be surprised that each of them really was. Doesn't it take a while to accomplish this? I've been identifying mine, but that's about it, there is no copywright.

2:38pm • #4
255,593 Points 1 Featured Post Outside Blog

Take everything that you read on Wikipedia with a grain of salt.  Since anyone can edit that site, you never quite know what the truth really is. 

3:09pm • #6
846,845 Points 213 Featured Posts Localism Sponsor Outside Blog Hit Router

William.  Thanks.

Rob.  I agree.  I have seen many articles that contained misinformation.  What got me was the discovery that a map thief thought he could put my map in the public domain and that Wikipedia enables them to do so.

 

3:19pm • #7
259,048 Points 44 Featured Posts Outside Blog

Holy cow, just when I think I've heard it all..

As if you don't have enough battles keeping your maps from being used by lazy people.  Now someone had the gonads to put it on Wikipedia and state they have permission to use it?

Lenn, please keep us updated on your progress with this.

3:21pm • #8
109,908 Points 8 Featured Posts

I think we've entered an era when vetting information on the public domain is too expensive to do properly and prosecuting is too expensive and potentially ambiguous to prove. I'm sorry to see this happen, but we are living in a 'yours, mine and ours society.' At this point, unless I write the great american novel, I assume my creative output will be plagiarized. Too bad, eh?

3:31pm • #9
583,254 Points 95 Featured Posts Localism Sponsor Outside Blog Hit Router

Oh my............who was this brave stupid soul? Of all people whose map's I would not steal it would be yours. Just kidding........

I would love to have seen your face when you saw that map?

3:33pm • #10
1 Featured Post

Lenn,

I'm interested to know how you created the map. It looks great. Did you use a specific program to draw the map?

Thanks!

Sandy

3:35pm • #11
489,799 Points 84 Featured Posts Localism Sponsor Outside Blog Hit Router

Wow, that is quite amazing.  I wonder if the fact they were notified and removed your notice, make them even more guilty or subject to a higher penalty?

4:02pm • #12
136,792 Points 12 Featured Posts Outside Blog

Lenn: Time to start watermarking your photos and maps. I have had to watermark mine since they were being hijacked by others so often. I know it may detract a little from the photo, but I'm not sure what else can be done to stop the theives. You can digitally watermark them, and be notified everytime something you have watermarked appears someplace else on the Internet, but I don't want to be a copyright cop. Now, at least I get free advertising if someone does hijack my photos.

4:10pm • #13
846,845 Points 213 Featured Posts Localism Sponsor Outside Blog Hit Router

Kris.  I don't expect much help from Wikipedia.  They have the wrong values when it comes to copyright.

Jennifer.  Not I.  I will pursue each and every one.  It takes dedication and a good attorney, but I'm relentless.

Missy.  I'm used to it by now.  I have three in litigation now and just filed two more this week.  If you want a laugh, you should read some of the excuses the violators use and worse yet, some of the inane things I get from their attorneys.  No matter.  I get all of them.  I just settled one for $10,000 last week. 

Sandy.  I don't talk about how my maps are created. 

Randy.  I haven't quite decided how to proceed on this one. 

4:14pm • #14
846,845 Points 213 Featured Posts Localism Sponsor Outside Blog Hit Router

Michelle.  I settle these complaints for $5,000 to $45,000 each.  I'll be a copyright cop and protect my property and make the violators pay.

 

4:16pm • #15
141,798 Points 14 Featured Posts Localism Sponsor Outside Blog

Wow, Lenn. I googled the patriot district...and there you were! I have no idea how wikipedia works- or how someone can simply insert your map. Guess they're going to discover shortly that they can't- GOOD. Funny how your maps, to anyone on AR, are CLEARLY LENNS. It's not as though you've ever been under- spoken about ownership- surely that will assist in your case. I link to Wikipedia definitions on occasion- thank goodness this wasn't a link! Just think...so many people linking, so many copyright issues. Your lawyer is going to be busy.

4:24pm • #16
846,845 Points 213 Featured Posts Localism Sponsor Outside Blog Hit Router

Laurie.  I haven't decided how to handle this one.  We'll send a letter to the School Board, no doubt.  But, I haven't decided how to proceed. 

 

4:28pm • #17
479,288 Points 54 Featured Posts Outside Blog

Lenn, I hope you do a follow up post once this is settled telling us how it all turned out.  Given Wikipedia's attitude, I have a feeling that you are not going to be very forgiving with then nor the other person involve when it comes to the settlement.

4:31pm • #18
136,792 Points 12 Featured Posts Outside Blog

Wow Lenn, I had no idea. Alternate stream of income...maybe I should look into that.

4:32pm • #19
370,808 Points 16 Featured Posts Outside Blog

I looked it up too and yep there is your map. Holy cow, this is getting crazy. Who knows who will now take it from wiki, and so on and so on... hope this resolves for you quickly ~Rita

5:19pm • #20
846,845 Points 213 Featured Posts Localism Sponsor Outside Blog Hit Router

Rita.  This is exactly why I'm so diligent about not having my maps spread around the Internet. 

5:21pm • #21
5 Featured Posts

Lenn ... I know you are ALL OVER YOUR MAPS ... you go girl!!!!!!!!!!!!!

6:01pm • #22
605,934 Points 111 Featured Posts Localism Sponsor Outside Blog

I've long ago succembed to the fact that MY OWN pictures are safest...and my post feels 'complete'. Why do I see soooo many pictures still running around rampant here.....people just do not heed the warnings....

7:00pm • #23
703,439 Points 72 Featured Posts Localism Sponsor Outside Blog

Lenn, Oh! My!  God!  I would never want to mess with you!  But it would be fun to take you to lunch!

And Sally is right!  My own photos are the safest!

7:10pm • #24
1 Featured Post Localism Sponsor Hit Router

Lenn-  After reading your admonitions (for years), there's no way I'm using any images, pics, etc. that aren't my own

7:10pm • #25
598,557 Points 63 Featured Posts Outside Blog

Hi Lenn, I am glad you keep up with the copyright issues particularly as it relates to images and blogging. You are very knowledgeable in this area.

7:48pm • #26
SEP
12
2008
141,798 Points 14 Featured Posts Localism Sponsor Outside Blog

Lenn, curious: if the map were to remain on wikipedia with credit given, for educational purposes, even if that ends up being legal (?) on the part of the entity who took the map, aren't your rights re. the map still intact for anyone that would use it outside of that context? Looking for a silver lining, but this is an unusual situation. It is altered to the extent that for real estate purposes, it doesn't work- again, just curious.

6:29am • #27
846,845 Points 213 Featured Posts Localism Sponsor Outside Blog Hit Router

Pippa.  Thanks.  I'm on it all the time.

Sally.  Indeed.  I can't even begin to get inside the head of a person who would just "take" an image or photo that didn't belong to them.  Notice I didn't say "knowingly" because it is ALWAYS knowingly.  They may not know who owns a photo or image but they know that it isn't theirs.  That's my bottom line.  No excuses work for me because they know it isn't their property.

Patricia.  Thanks.  We'll get together some day.  I live in the sticks, you know.  Of course, one's own photos or images are not just the best, they are the only ones to use.

Marilyn.  Thanks.  Good lesson for anyone.

Gary.  It's necessary when you are branded by your maps. 

Laurie.  I don't believe in splitting hairs.  The map is my property.  It was posted AND CLAIMED by an entity that used it for their own benefit.  I want it off, I want it out of there.  Editing the map doesn't alter the original violation of the law.

I have no intention of equivicating about the what, how, who, or whatever. 

 

6:48am • #28

Lenn-  I get the idea that your house "in the sticks" was paid for, in large part, by your maps and the idiots people who thought they would "just use" them without your permission.  I'm interested to hear how this one plays out, what do you do if others have used your image on Wikipedia on their web sites?  There seems to be some big implications here.

10:13am • #29
366,952 Points 95 Featured Posts Localism Sponsor Outside Blog

WOW Lenn they just don't leave you alone do they?  I find that crazy especially on Wikipedia...and to think someone actually stole one of your maps..its crazy...I think you made it clear here and in other posts. 

10:36am • #30
846,845 Points 213 Featured Posts Localism Sponsor Outside Blog Hit Router

Midori.  I do not now, nor have I ever subscribed to the belief that folks do not know that they are breaking the law when they appropriate an image or photo or text that they did not create.  They simply don't believe that they'll be caught and if they are, they believe that taking the material down is sufficient. 

Matt.  It wouldn't stop me from proceeding against them.  Even if they don't know who created the map, THEY KNOW THAT THEY DIDN'T. 

The reason I posted this is because I've seen many misappropriated images with the notice that it was taken from "Wikipedia Public Image".  I posted this to let folks now that just because someone has said it is "public domain", it may not be. 

 

3:11pm • #31
SEP
13
2008
142,936 Points 8 Featured Posts Localism Sponsor Outside Blog Hit Router

Lenn - Thanks, I am was one of those who thought 'public domain' meant free use of content.  Not that it doesn't make sense that it doesn't mean that - I just didn't think about it.  Thanks for the 2 X 4 upside my head.

11:49am • #32
846,845 Points 213 Featured Posts Localism Sponsor Outside Blog Hit Router

Virginia.  I'm loughing out loud.

In reality, anything on the Internet is "in the public domain".  That surely doesn't convey ownership to anyone who wishes to public someting.

 

11:53am • #33
OCT
30
2008
224,760 Points 2 Featured Posts Localism Sponsor Outside Blog

Lenn,

I have to admit that I thought it was fine to use Wikiedia images, not realizing the ramifications. 

6:48am • #34
846,845 Points 213 Featured Posts Localism Sponsor Outside Blog Hit Router

Diane.  I've seen AR folks claim that it's O.K. to use "public domain" images from Wikipedia.  They are wrong.  It appears that anyone can put any image "in the public domaon" on Wikipedia.  It just happened that they put one of my images "in the public domain" and I caught it. 

It took a couple of weeks for me and a letter from my attorney and phone call from Wikipedia to my lawyer to get this post changed.  Total waste, but I'm not going to have my images even perceived by other real estate agents to be in the public domain when they clearly are not.

Virginia.  I was always puzzled by that feature on Wikipedia and the reliance of some AR members on this feature for use of images.  It was my personal experience that solidified my understanding that "public domain" on Wikipedia is not safe and is not "public"  They took my copyright protected map and arbitrarily put it in the "public domain"

In a pig's eye.

 

6:57am • #35
227,781 Points 12 Featured Posts Localism Sponsor Outside Blog

Lenn,

Thanks for the heads up.  I need to make sure I haven't pulled anything over from Wikipedia.  

5:53pm • #36
OCT
31
2008
846,845 Points 213 Featured Posts Localism Sponsor Outside Blog Hit Router

Tracy. 

I've seen several posts on ActiveRain with images identified as "public domain from Wikipedia".  I was always curious. 

Then, when someone who had stolen one of my copyright protected maps put my map in the public domain, I read the site and realized that Wikipedia gives copyright violators the false security of thinking that they are within their rights to steal images and "put them in the public domain". 

It's nonsensicle, but it's like eye candy to a thief.

 

5:02am • #37
APR
06
456,275 Points 10 Featured Posts Outside Blog

Get them Lenn.  Thanks for sharing I never knew that about Wikipedia

8:12pm • #38
APR
07
146,398 Points 1 Featured Post Outside Blog

Lenn, I missed your post and am so glad am reading it now. The wikipedia can be very tricky but I have never thought it could be like this.

9:09pm • #39
APR
08
846,845 Points 213 Featured Posts Localism Sponsor Outside Blog Hit Router

Huiting.  Indeed.  I spotted my map on a local information post and saw where a person had decleared my map "in the public domain". 

It took me a week for Wikipedia to take it down. 

It appears that anyone can declare images that they dont even own "in the public domain".

 

6:37am • #40

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