So, you want to thump your chest about plagiarism? (copyright)

By
Services for Real Estate Pros with Bryce Mohan Photography

Ok, you have your spy decoder ring ready? Good, here's the scoop:

There have been several blogs recently about people 'borrowing' content from others. Generally these blogs are concise, articulate, and are predicated upon an ethical stance. They stress the importance of an individuals right to produce content, be credited for the same, and above all - be free from the fear that someone will steal their work and post it as their own.

In other words; don't take stuff that's not yours. 

Straight forward, yeah? I mean, along with learning that paste isn't all that good to eat, we picked this concept up in grade school right? Sure we did.

Except there's one tiny problem: 

This rule gets violated all the time. By a whole pile of folks. Constantly. Really. Even you maybe.

Allow me to explain:

"The Story of Mr. X" 

I ran across a post this morning (no, I'm not going to link to it, or even hint about it)... We will call the poster Mr. X to protect their privacy and show a little decency to boot.

Mr. X wrote a chest pounding, old school testament style blog about how bad it is to use other people's content. There was fire and brimstone, miracles, blind people could see again etc.

Further more, Mr. X sermonized his readers about how people who steal content really don't deserve much in the way of mercy. His basic argument was that using other people's content wasn't a lapse in understanding so much as it was a lapse in ethics (I agree).

The problem lies herein, Mr X. isn't quite as squeaky clean as he might think. You see the image he had posted in his blog was not created by him.

That's right folks. Images are copyrighted. All of them. Period. If you aren't the creator of an image...

...you need permission to use it. Or you need to pay for it. Or you need to use an image that has been released into the public domain. It's common sense, right?

Well, I decided to take Mr. X's advice to heart. After all, he seemed to espouse that we don't let this things lip by, when it comes to these heinous crimes we should stand up and do something...that said, I'm not much for blasting folks, so I simply said the following:

"Hey there Mr. Squeaky Clean, Thou Shalt Not Take Other People's Content Guy - where'dja get that dandy image? You have a license for that, right?" Then I put a little winky face, like this: ;)

(that's a paraphrase but you get the idea)

You won't believe what happens next:

Mr. X "super tough, let's go get them bad content stealer's and show them no mercy guy" immediately deletes my comment and sends me the following email:

"You must have posted that comment by mistake. I'm sure you meant to send it to me personally. I removed it because I prefer to avoid conflict."

Er, now you want to avoid conflict? Is that like the thief who tells the arresting officer: "I really would prefer to avoid all this unpleasantness, can we just forget the whole thing?". Um, yeah. Sure.

To be fair to Mr. X he later emailed me and indicated he thinks the image in question is in the public domain but did admit he has used images in the past that were not his. So I'm thinking to myself, Mr. X is probably an OK guy, he could be right about the image in the PD, sure he reasearched it after the fact but his heart is in the right place.

But there's more:

He then goes on to basically say 'everybody does it'. Whaaaaaa? Is 'everybody does it' a good excuse? Would you let your kids get away with that one? C'mon...

The moral of the story:

  1. Using other peopels content is stealin'. Sorry, but it is. Some of us artistic types derive 100% of our income from the images we produce. It hurts when people use them without our permission. 
  2. The simplest solution is to just plain use your own stuff (example, every last image on my blog is mine)
  3. However, if you do need some quick graphic - clip art is probably a safe bet, but any other image content should be acquired through a reputable channel for open source images (like wikipedia for example), buy some stock, or ask someone nicely if you can use their images. (note google images are not in the public domain as a rule!) 
  4. Even better, grab your camera and get creative! I bet you put together some neat stuff, it's probably better than you realize.

-B

Real-Estate-Photography

Comments (22)

Maureen Maureen
Orangeburg, NY
Hey Bryce - I usually get images from one of the sites listed in this AR blog: Blog entries running short on visuals.  If the site says free stock photos is it OK to use them?
Mar 26, 2007 12:16 PM
Thesa Chambers
Fred Real Estate Group - Bend, OR
Principal Broker - Licensed in Oregon
well said - I have a list of free photo pages - but am always looking for more - I often wonder where people find some of their photos.
Mar 26, 2007 02:26 PM
Desiree Daniels
RE/MAX Tri County - Robbinsville, NJ

Bryce

Thanks for the post.  we do lose sight over the use of "things" as being plagiarism.  I know i use graphics i find on line and make the assumption that the are advertised as "free" that I am free to use them.  Right??

Mar 26, 2007 02:35 PM
Cheryl Johnson
Highland Park, CA

Bryce, Thank You! for writing this!  I cringe sometimes when I see the images used to illustrate blogs around here.  Part of the problem is that computers have made it just too easy to copy some else's images.  A quick right-click, or a fast copy-paste.

While the term "copyright" may not mean much to real estate agents, I bet the term "lawsuit" does.  :-)  Here's a story - from a law firm's web site - about one of the early (1997) lawsuits over a photo copied from the internet.  Boston Herald evidently published a photo copied from Discovery Channel's web site.  The case was settled before it went to trial.  Boston Herald paid some money.

 

Mar 26, 2007 11:12 PM
Mike Stankewich, MBA, e-PRO - ZipRealty, Inc.
ZipRealty, Inc. - Huntington Beach, CA

Speaking of images.  I post many of my photos in Localism.  It is good publicity for me.  My question is who owns them?  Are they still mine?  Does ActiveRain/Localism have royality free use or do they aquire ownership?  As to copyright, how are they protected if the public doenloads them and usrs them for commercial purposes?

On Photoshop Elements I can embed a copyright, however one image at a time.  With hundreds of photos I do not have the time to do this.  Is there another way to add an embedded copyright to multiple images all at once.

Are there any internet sites that offer images in the public domain?

Mar 27, 2007 08:12 AM
Bryce Mohan
Bryce Mohan Photography - Bellevue, WA

TLW, thanks for stopping by as always. Careful where you point that shotgun! In retrospect I probably should have let the OP ramble on  - I just find folks espousing one idea while violating it so tiresome.

Cynthia, I doubt we can discourage folks from grabbing images. It's just too easy and most people don't think (or in some cases ignore) the implications. I'm hoping at the very least folks bumping into this blog will give it a bit more consideration next time around. :)

Maureen, If the site says the images are free then you're fine. :)

Thesa, could you post the list here? That would be great. :)

Desiree, if they are advertised as free they should be (unless the site itself is violating someone's copyright, but that's not your problem).

Cheryl,thanks for adding those links. I think most folks are well intentioned and just don't realize the situation they create when they take someone else's work.

A company contacted me about using my home shots to advertise their new software to create high end presentations for listings. During price negotiations they decided to simply go ahead and use my images to throw up a demonstration page. They never discussed this with me.

Can you imagine?

Mike,You most definitely own those images but you raise a very good point. If you care at all what happens to your photos you should always read the fine print when uploading or distributing them. most sites have some variety of 'terms of service' when you contribute to them.

I never enter image contests due to the fact that the very act of submitting my image transfers my copyright for perpetuity in most cases. It's buried in the legal fine print but it's there.

Mike, check your camera. There is often a section that allows you to enter photographer information. This info is then passed into the photo as part of the EXIF data. You can put your copyright in there and it will be in every photo if someone cares to read the EXIF.

Make sure to always keep your masters as well if there's ever a dispute.

Admittedly I'm not the best authority on free image sites as I never use anything besides my own work. I'm hoping someone will post a list on this blog.

Cheers, -B

Mar 27, 2007 08:42 AM
Duayne Weir
Investment Realities LLC/MarketLink Realty - Ham Lake, MN
Minnesota Real Estate Agent

Thanks Bryce, for the great post. I really like camera idea just go out there and be creative!!

Good Day!! have a cup of java and a smile on me :)

Mar 28, 2007 01:59 AM
Bryce Mohan
Bryce Mohan Photography - Bellevue, WA
Duayne, Fess up - are you secretly a coffee salesman? ;) 
Mar 28, 2007 03:36 AM
Theresa Cavanaugh
Global Realty Marketing - Appleton, WI

Bryce:  Thank you for the post.  It seems to be repeated often here, but people don't seem to take heed.  In fact, I very rarely use pictures because I am so afraid of taking someone else's work.

So, I have a question.  I purchased Microsoft Picture It!  Publishing, can I use the pictures from the discs anywhere since I purchased them?

Mar 28, 2007 09:36 AM
Bryce Mohan
Bryce Mohan Photography - Bellevue, WA
Theresa, most likely - you might want to just check the box or the documentation and see if it says anything about "royalty free" just to be on the safe side. :)
Mar 28, 2007 12:11 PM
Melissa Schnieders
Melissa Schnieders Photography - Wichita, KS
Excellent post!  I have had many of my photos from MLS used by other agents.  Because I sell a high volume of foreclosure inventory, if the property is flipped and put back on the market, the new listing agent sometimes "borrows" some of my photos.  Our MLS finally took a stand and said any images we upload to them will be owned by them and no one can use the images for anything. They add their logo to every single photo so that you can see easily when someone "borrows" it.  It really doesn't take long to snap new photos and surely the house looks better as an "after" instead of my "before" shots!
Mar 30, 2007 05:39 AM
Bryce Mohan
Bryce Mohan Photography - Bellevue, WA

Melissa, Funny i just ran into a similar situation a few weeks back.

I client of mine who I had done a shoot for had a seller that would simply not lower the price despite market value. Things went south and in the end the seller decided to relist with another agent (at which point they had to lower the price MORE than the original agent was asking).

Anyway, my photos were still on the MLS. The agent hadn't thought to remove them. Of course, they were my photos, my fee only covering the usage for that agent. I wasn't about to let a second 'competing' agent use my photos for free.

I did a little research with the local MLS. The MLS rules indicated the first photo is the property of the MLS, not copyright mind you but right to display.

As it turned out the next agent was a good sport and proceeded to shoot some very dark and narrow photos. ;)

Cheers, -B

Mar 30, 2007 12:43 PM
Mitchell Captain
AllSpec Professional Property Inspections Inc - Fort Lauderdale, FL
Home inspections in Broward, Dade, and Palm Beach

Bryce

If you are granted permission to reprint an article that has pictures embedded, do you also have to get permission on the photos from their source? And how do you know if the orginal author was granted permissions or paid for the rights to use the photos?

Apr 12, 2007 12:41 AM
Bryce Mohan
Bryce Mohan Photography - Bellevue, WA

Mitchell, nah - you should be fine.

 Most copyright issue are fairly common sense IMHO. If someone is giving you permission to use an article presumably they have the rights to do so. Similarly if you see a pic on the web you don't have the right to use it unless you request permission (or it's from a free source).

I can remember in my corporate life we always had a problem with lunches going missing from the fridge. sometimes I think the mistake was an 'honest' one in the sense someone just thought the food was up for grabs. Most of us operated by a pretty simple rule: Did you bring the food yourself? No? Then it's not yours to eat. The same could be applied to content.

Cheers, -B

Apr 13, 2007 02:17 AM
Edite Liepina-Lawrence
ERA Tradewind Real Estate - Longmont, CO
Oops, looks like I'm quilty.. I didn't know it's stealing... so if I download a photo from somewhere on the internet for a blog, that's a harm done, really? I am not selling the blog or making any money with it?
Apr 16, 2007 11:59 AM
Bryce Mohan
Bryce Mohan Photography - Bellevue, WA

Edite, that's a tough question - particularly when you ask if harm is done. Certainly many people do feel this is a gray area and one only has to look at the recent debate about music downloads to understand how both sides feel regarding an issue like this.

Just keep in mind that the people creating images are doing so at the cost of their time, equipment and expertise. All things being equal we'd like to be paid for that. ;)

There are a lot of free images (and quality work as well) on the web. I would hope people would make use of those as an alternative to grabbing stuff indiscriminately from the nearest available source.

Lastly, I'm definitely not the image police. However, as a person that derives 100% of their income from photography and has had that same photography literally pillaged in some instances I can tell you it doesn't feel good, and it surely hurts my bottom line.

My hope is that people will consider that when deciding whether they have the right to someone elses efforts simply because it's easy to do, and chances of getting caught are slim, or my all time favorite "everybody is doing it, so why shouln't I?".

-B 

Apr 17, 2007 03:10 AM
Chuck Ethridge
North Idaho Dream Team - Coeur d'Alene, ID

I read somewhere about removing the plank from your own eye before worrying about the splinter in someone else's..........

I hope that Mr. X was simply embarrassed  about receiving a hard education on the topic. We can all us that on occasion.

Apr 17, 2007 05:47 AM
Bryce Mohan
Bryce Mohan Photography - Bellevue, WA

Charles, great quote...it sums up my whole blog quite nicely. :)

I don't think Mr. X is a bad guy...he's just got a bad habit. Even so I think it's forgivable - I was mainly annoyed as he was shouting from the moutain top so to speak...

-B

Apr 18, 2007 06:28 PM
Vicky Poe
Good Ole Rocky Top - Crossville, TN
Realtor/ Auctioneer
You are not only good with pictures, you are also good with words.  Keep cranking this stuff out.
Aug 12, 2007 08:05 AM
Bob Wilson
Access San Diego - San Diego, CA

Excellent post, Bryce. It amazes me what people think they can do. Worse is when they think a simple credit suffices. It DOESN'T, unlss they want to say "Photo stolen from ..."

It is one reason why I use so few photos, but you can be sure I have paid for the rights to use wht I have put up.

Sep 18, 2008 06:52 AM

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