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How to protect your copyrighted images on the Web

By | April 7, 2010, 11:43 AM PDT

Author’s Note: The article that follows was inspired by a discussion thread at Rethinking Healthcare. Those interested in the provisions of the Fair Use exception to the Copyright Act will find the full text here, and a good discussion here.

Ever since the Web was spun artists have worried about having their work stolen.

With good reason. Images are easy to save on any browser. Just right-click and hit save. (On a one-button Mac it’s even easier.)

Copying pages and the images on them is essential to how the Web works. Servers cache pages to make them easier to deliver. PCs save copies until they are cleared or overwritten. There are thousands of copies of this Web page in servers and clients around the world right now, even if only a few hundred people ever read it.

I like using illustrations in my stories, but when I simply linked to them, in the late 1990s, I was accused of “stealing bandwidth.”

So through trial and error I developed a policy. I would try to use small versions of each image, just big enough to fit the space. I would credit sources. I would name them and link to them. If it was a piece of art or a poster that was being sold online, I’d link to the sales page. And I’d say nice things.

That usually works. Publicity is good. Art that isn’t seen doesn’t exist. But this week I ran into someone who hadn’t gotten the good word about publicity. He called me a thief. And he asked, “how do I protect my stuff?”

The easiest, simplest way is with a copyright notice. Create a file called index.htm with your reprint policy and put it in the images directory of the server where your images are hosted.

I would also recommend you put in your e-mail address and a link on or near each image. Make sure friends who use your images with permission take the text as well.

But there are also many things technology can do. One reason I don’t fret about using images any more is because of such tools. There are several types of tools on the market:

Watermarks can be had free. The simplest watermark is a URL linked to your copyright and reprint policy. These sit within the image, covering them only partially. I never use such images without credit. (The image above is from Bytescout, which offers digital watermarking services.)

There are many watermark programs out there. Digimarc is popular, and has been available as a plug-in to Adobe Photoshop since 1996. Other such programs include WatermarkIt, WinWatermark, and AoAoPhoto. Watermark 0.0.1 is open source.

HTML commands can be written that disable the right-click function on any Web page. Like this:
<body oncontextmenu="alert('You may not right click'); return false;">
Or put in an HTML table command that makes copying difficult. A robots.txt file can keep search engines like Google from caching your images and making them available.

Copy protection programs like Imagesafe encapsulate images into a Java applet, making them harder to copy. CopySafe Web can encrypt images or whole web pages to make them tougher to download. There are even services that exist specifically to protect your images.

None of these tools will stop the most dedicated thief. If someone is using a screen capture program, they can extract any image from the captured page, then post it. For this reason a sharp eye is a good thing. Use Google Images to seek out your images and track down the culprits. If you have taken precautions like watermarking, you have an airtight case.

Point is, any professional who does not want their images used without permission can and should protect them. Failing to take basic steps is like leaving a buffet lunch out by the street, walking away, and then calling the cops when someone takes a carrot.

Final Thoughts: I want to thank all who participated in this thread for their input. It has taught me a lot. I apologize for my tone, apologize for my actions, apologize for any offense my words caused anyone. But if you want to protect your work, please excuse my tone and explanations. Please use the tools provided.

Editor’s Note: Please see comment No. 147 for a note from SmartPlanet’s editor-in-chief.

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Dana Blankenhorn

About Dana Blankenhorn

Dana Blankenhorn was a contributing editor for SmartPlanet from 2009 to 2010.

Dana Blankenhorn

Dana Blankenhorn

Contributing Editor, Technology

Dana Blankenhorn has written for the Chicago Tribune, Advertising Age's "NetMarketing" supplement and founded the Interactive Age Daily for CMP Media. He holds degrees from Rice and Northwestern universities. He is based in Atlanta.

Follow him on Twitter.

Dana Blankenhorn

Dana Blankenhorn

Dana Blankenhorn has been a technology reporter since 1982, a business reporter since 1978, and a writer for as long as he can remember. His Schwab IRA has a few tech stocks in it, most notably some Intel and Applied Materials bought over 10 years ago. But the vast majority of his tiny fortune (emphasis on the word tiny) is invested in mutual funds. He presently writes for no one else but ZDNet, SmartPlanet and himself. But if you've got an opportunity let him know. If he takes the gig he"ll first add it to this disclosure page.

He writes for SmartPlanet and is not an employee of CBS.

195
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0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
While you are at it, could you post any tips on how to keep
rape victims from being raped? It is their fault, right?

One way to know if you are stealing an image is to ask, did I
commission this? If the answer is no, BINGO. But you can go
ahead and keep on blaming the victim.

For anyone wondering why Dana is so concerned about
appearing like he's on the right side of this issue, take a little
peak at the genesis of the discussion here:
http://www.smartplanet.com/technology/blog/rethinking-
healthcare/big-mother-gets-her-shot-at-cutting-health-
costs/1023/?tag=content;col1#comments
Posted by brianstauffer
7th Apr 2010
0 Votes
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Point REALLY is....
I'm very glad to read that you and Mr. Bozelli ended up having
what you characterize as "a rather civil online discussion" about
the incident to which you refer.

However, the point repeatedly raised by people who, like
myself, have to advocate for themselves and pay for their
representation themselves in all copyright matters is this: it is
patently illegal, however easy technology has made it to do so,
to use images without permission. PERIOD.

There's another branch of technology which makes stealing very
easy as well: it's called weapons technology. The minute
someone first discovered that a pistol pointed at another
person increases one's odds of gaining that victim's property, it
went into immediate use.

Your tips, while helpful, don't address the real issue: copying
intellectual property without permission is against the law. As
others have pointed out, the legal umbrella protecting YOUR
work spell it out quite plainly.

These tips read like a thug selling Kevlar vests after the fact.
This is no mea culpa on your part, sir.

(Quick side note: I hope this conversation which you describe as
"civil" doesn't include the arrogant, callous and dismissive
initial reply you made to Mr. Bozelli's comment, in which he
claimed ownership of his work.)

Sincerely,
Richard P. Clark
Illustrator
Society of Illustrators Board Member 2002-2004
Posted by zippyrich
7th Apr 2010
0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
Sooooo, because I _can_ copy books, articles, music, etc, it's
ok?

Watermarks protect art but they have nothing to do with
copyright. As an art director looking at dozens of portfolios a
day, I find watermarks very intrusive when trying to decide
which artists I should hire. (Hire, as in, for the _work_ that they
do.) Should writers have to dissemvowel their own work in
order to maintain copyright?

Publicity is great and there are many reasons an artist may
want to give their work freely, but it's up to them to decide.

Irene Gallo
Posted by IreneGallo
7th Apr 2010
0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
"I like using illustrations in my stories, but when I simply linked to them, in the late 1990s, I was accused of ?stealing bandwidth.?

So through trial and error I developed a policy. I would try to use small versions of each image, just big enough to fit the space. I would credit sources. I would name them and link to them. If it was a piece of art or a poster that was being sold online, I?d link to the sales page. And I?d say nice things."

Aside from the fact that this is illegal?you can't simply make up your own rules about copyright?it misses the point: it's YOUR obligation as a user of art to obtain the license, not the copyright owner's to police the thieves (and yes, Mr Blankenhorn: it's theft).

And since you're making the claim that you've credited art and linked back to it for years, I wonder if you can show us the evidence of that is from this recent post, from April 2nd:

http://www.danablankenhorn.com/2010/04/facing-the-fear-of-otherness.html

One hopes you discover, Mr Blankenhorn, that not all publicity is good publicity.
Posted by marcart
7th Apr 2010
0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
Dana,

Last time I checked my landlord didn't accept publicity in lieu of a rent check. Nor will ConEd, the cable company, the phone company, the girl working the register at the food store, or anyone else accept my offer of an insignificant amount of exposure instead of cash.

Illustrators get paid to create work so that it grabs people's attention. An illustration's job is to be seen. What you call publicity is simply part of the job description.

If you have the ability to find images on the internet, you have the ability to send an e-mail or pick up the phone to find out if you can license the image for your use.

I'm sure you wouldn't approve of me copying your writings and using them for my purposes, in fact the terms of use n this site prohibit it.

-John W. Tomac
Posted by johnwtomac
7th Apr 2010
0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
Dana, time to talk to your legal department before you get sued.

You are referring to your illegal use of Chris Buzelli's work. Chris is a renowned and deeply respected artist world wide. Just look at Macy's Flower Show art this year for starters.

The suggestion of "exposure" in lieu of payment is one of the most tired and age-old methods of insult that would-be clients have used throughout history to justify abusing the expertise and experience of artists. Any professional artist will laugh at such a suggestion, especially when such "exposure" comes via an arrogant jerk who can't come out and apologize and admit their bad behavior.

Further insulting us, you present a lesson on watermarking as if artists have been living under rocks for the last 20 years. As was pointed out in your other thread, watermarks have been rendered all but useless with technological advances, which it seems you need to learn more about before spouting out. Yeesh.

A more productive discussion would be about the ethics of the mindset of taking things freely from the web. Chris Anderson's book "Free" was largely plagiarized from (of all things) Wikipedia, yet this fact was oddly absent in the media. This is making for a Smart Planet?
Posted by Adam McCauley
7th Apr 2010
0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
Goodness. Talk about missing the point.

Taking images and using them, as you, Mr. Blakenhorn, did, is
ILLEGAL.

And, by the way, from whom are we "protecting" our copyrighted
images from? You, Mr. Blankenhorn?
Posted by Lumocolumn
7th Apr 2010
0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
Seriously? You are actually still trying to justify your theft?
Maybe you came up with that genius "policy" but it doesn't make it right, nor does it make it legal. I wonder if CBS and Smartplanet are behind you on this. Somehow, I very seriously doubt it.

I was under the impression that you are a professional journalist. If you make money from your articles, you should be willing to pay for the art you use. Plain and simple. I recommend you man up and apologize for what you did (and seem to want to continue to do, based on this article) before that publicity you are so fond of turns around and bites you. Not all publicity is good.
Posted by angelaperry
7th Apr 2010
0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
We already have something to protect our copyrighted images on the
web. It's called the COPYRIGHT.

Merely crediting and/or linking to the artist does not give you carte
blanche permission to use an image. EVER. Regardless of whether the
image is watermarked or not. You only have permission to use the
image if you purchased the rights or were given the rights by the
artist or copyright owner.

We know that browsers download images to a temp directory on your
hard drive as you surf the internet - don't treat us as if we're
idiots. Downloading an image for the purpose of viewing it is
personal use and fair use. Go to town! Downloading art and then re-
uploading it to your website and using it to promote your healthcare
article is NOT THE SAME THING.

Those image and copy protection services are useless. There's a
button on your keyboard that takes a capture of the entire screen,
including the images. Sure it takes about 3 seconds longer than just
saving the image, but that's probably not going to deter someone who
really wants to use the image.

We don't want or need your patronizing 'advice' on how to protect
ourselves. We want you to stop taking what doesn't belong to you.

Thanks for the buffet lunch analogy, by the way. Is that about how
much you think art is worth? Try a car for the comparison instead. Do
you also think that someone who leaves their car parked on the street
should not call the cops if it's broken into? Because watermarking
and copy protecting your art is about as effective as locking your
car. The thieves can jimmy it open in two seconds if they want to get
in.

-Kiriko Moth
www.kiriko-moth.com
Posted by kiri_moth
7th Apr 2010
0 Votes
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the new "Dana Dodge" article
Thanks for attempting to educate us, oh wise one. Since you can't seem to admit
that you screwed up...

As far as disabling the right click option, anyone with moderate skill can simply
take a screenshot and crop it...There are just too many ways around any coding.

Visual artists shouldn't have to put a banner across their images. How would you
like it if your readers experienced a pop-up add in the middle of every paragraph?

And they shouldn't be required to pay for watermarking services like digimarc to
protect our copyright law given rights...I mean, if they've got to pay to protect
every image, how are they to make a living?

The internet is not a buffet for you to swipe art from.

Support your fellow creatives. If you can't pay them, at the very least ask
permission. If you can't find them, LEAVE THEIR WORK ALONE.

Lars Grant-West
Posted by Lars Grant-West
7th Apr 2010
0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
I dont understand how someone who makes money by creating something, writing, can think it is ever okay to steal something another person has created, artwork. I shouldn't have to clutter my images with watermarks just to stop people from stealing my work. Illustration isn't just a source you add to a works cited page and be done with.
Posted by JoshBurch
7th Apr 2010
0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
I find this article extremely insulting as both an illustrator and a
technophile, and I feel like you have absolutely missed the
point.

Mr. Blankenhorn, what you did is theft, plain and simple. Your
attempts to skirt this fundamental disregard for the rights of
illustrators is as infuriating as it is ill-informed. There are
copyright laws, and you should abide by them. You should pay
a usage fee or not use illustrations, period. This situation

Watermarks are ridiculous -- anyone worth their salt can easily
remove them and they compromise the work, and they still do
not protect it from being used. HTML and Javascript commands
are easily gone around with screen capture. What we should do
to protect our images is, as a community, go on the offensive
when copyrights have been infringed. That is what we are
doing now.

You are in the wrong here -- the law makes that abundantly
clear. I understand that you are trying to save face, but there is
no way to sugar coat the facts, and blaming an illustrator that
you infringed upon AND an entire industry is certainly not the
way to solve anything.

Brian Stauffer's analogy could not be more perfect.
Posted by brihermanson
7th Apr 2010
0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
I work for the marketing department of printing company. We see hundreds and thousands of impressive photos, illustrations and pieces of artwork come off our press. We don't just have access to thumbnails but hi-res files that we could use to print posters and whatever else we could dream up.

However...

If our creative team wants to use an image for one of our own promotions, we contact the owner of the image and not only ask for permission, but often trade printing credit for a written and signed release. On our promotional piece, we then clearly state their name and website address. That's how WE give an artist credit and hopefully drive some business their way.
Posted by AnotherWay
7th Apr 2010
0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
As a young artist, hoping to one day make a living off of my work, it pleases me to see such unity in the community concerning instances such as this.

If anything, Dana, you should learn three very important things from all of this:

1. You stole. It was your fault. And as much as I'd pay to see something along the lines of "I don't have the time to ask permission" try to stand up in court, one can only hope you are (now) wise enough not to get yourself into that mess.

2. What's easier than stealing someone's images on the internet? Getting the entirety of the internet to realize, and spread word of how ignorant you are.

3. The best way to save face, and not get the entirety of the internet really, really pissed off at you, is to acknowledge when you're in the wrong, humbly apologize, and amend your ways. Not proceed to lecture those with far greater resources and understanding than yourself concerning the issue. All that will wind up doing is get you a page on Encyclopedia Dramatica, and make for a good laugh at work.

Cheers.
Posted by TwoListen
7th Apr 2010
0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
What astounds me, Dana, is that you have the audacity to write as though his work were in a venue that you could exploit - and yet here we are, reading your article on the very same internet.

I assume that, when someone appropriates your words to meet their needs, you will be comfortable with this infringement. Hey - atleast you can get some great publicity!

Kate Kelly
Posted by Katekelly
7th Apr 2010
0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
Maybe you should start putting a watermark over your writing because
otherwise artists may decide that they would like some writing to go
with their images. What, your writing is copyrighted, too? Well if
there was no watermark across it, then it must have been your own
bloody fault.
Posted by Loraretta
7th Apr 2010
0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
If you had a shred of self-respect, you would admit you screwed up and did something at the very least unprofessional, demonstably illegal, and simply downright wrong. That you've been doing it a long time and didn't get caught before now? Does not justify it. That you think technological changes that make it easy means that makes it all right? No, you're still utterly in the wrong. That you have the free means of getting educated about copyright law basics, about Creative Commons, about intellectual property rights at places like your local library at the very moinimum? Makes your continuing adherence to this indefensible position ludicrous, pitiful, and disgusting.

That you have the tagline "Thinking Tech" here is blatantly a lie. There's no thinking going on.
Posted by LibrarianCreative
7th Apr 2010
0 Votes
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Another analogy....
Hey, Blankenhorn,

Another thought on your outrageous, willful and repeated
violation of copyright-holder's rights: you claim you've done a
service to the infringee by linking the image and giving credit
to the image-maker (i.e., copyright-holder). In essence, you've
set the terms and negotiated the payment all without the
owner's input.

Try this: go into a restaurant, order a meal, consume it, and
leave what you think is fair payment. I'd love to be in the
audience when you're arrested for theft.

Involve the people who own the work you want to use. To do
otherwise is lazy at the least and criminal no matter what
justification you attempt to offer.
Posted by zippyrich
7th Apr 2010
0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
You understand that a work need not have a copyright notice on it to be protected by copyright law, right?

Right?
Posted by Scott Chantler
7th Apr 2010
0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
"Failing to take basic steps is like leaving a buffet lunch out by the street, walking away, and then calling the cops when someone takes a carrot."

See, you are wrong about that. Chris Buzelli DID protect his work. Do you not remember when he made you take his image down? I think that constitutes protection of his image. Do you know why you then proceed to take it down? I will tell you, because you had to or you would have been in legal trouble. It's very simple. There is already protection for Mr Buzelli, but if you continue to do this you will find that there is not very much for you.

Do you also realize that you got more comments on your articles misappropriation of an image that the actual content itself? What was that again about good publicity?
Posted by smvillus
7th Apr 2010
0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
This is ridiculous.

Dana, you really should consult a copyright lawyer. As someone who
publishes on the Internet, it's astonishing how little you know
about the laws that are relevant to your work, and the works you
have been stealing.

Simply put, copyright exists from the moment any creative work is
created. A copyright notice isn't required. Copyright is the Right
of a creator to control how their work is Copied. (See, right there
in the name.) In order to use any copyrighted work, you need
explicit permission.

Simply put, you are wrong, and the position you are taking is
laughably ignorant and selfish. You are the burglar telling people
they should buy better locks.

You need to apologize, not struggle to defend yourself. You're just
making it worse.
Posted by ian_x
7th Apr 2010
0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
http://i44.tinypic.com/rbk5ug.jpg
Look guys, this illustration has no watermark! That means anyone can take it to use, hooray!
Posted by Water Mark
7th Apr 2010
0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
Hi Dana, I am contemplating starting a blog about technology with a "green" twist. However, I'm incredibly unoriginal so I hope you don't mind if I use some of your articles for "reference" (i.e. steal).

Also, I am growing a beard just like yours. I hope to emulate its beauty and luster.
Posted by Rich Tu
7th Apr 2010
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Sketch
Mr. Blankenhorn, what you did was shameful, inappropriate, and ignorant. I think an apology is in order along with the promise you?ll never do this type of nonsense again. I would even recommend you write a blog post about copyright law, how valuable illustration art is and how it greatly affects our culture.

CBS???
Posted by sketchguy
7th Apr 2010
0 Votes
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I apologize, again
Y'all may not accept the apology, or the explanations, or my
interpretation of the law, but there it is. On some things we must
agree to disagree.
Posted by DanaBlankenhorn
7th Apr 2010
0 Votes
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Rich Tu
Within the range of fair use, go for it. As to the beard, you may want
to have it go in white, as the picture is a few years old.
Posted by DanaBlankenhorn
7th Apr 2010
0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
Wow, I am not usually one to get irritable about things, but the
fact that you seem to think that it is the ARTISTS fault for not
employing some sort of anti theft system within their artwork is not
only arrogant, but insulting. As both a Writer and an Illustrator I
feel that your disregard for the intellectual property of artists
not only presents you with a legal problem but also makes you a
target for every illustrator out there, to make sure every image you
*aquire* from now on will be either paid for, or you have written
permission. You can say you are not an employee of CBS but a
freelance writer, all that means is that the lawyers come for you
and you cannot hide behind a networks legal department. Unless you
have very good friends or one hell of a legal degree, I would be
worried.

Thorne
Posted by tearsandpain
7th Apr 2010
0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
Interpret this, Mr. Blankenhorn. Excerpted from the site you linked to:

"Some people mistakenly believe it's permissible to use a work (or portion of it) if an acknowledgment is provided. For example, they believe it's okay to use a photograph in a magazine as long as the name of the photographer is included. This is not true. Acknowledgment of the source material (such as citing the photographer) may be a consideration in a fair use determination, but it will not protect against a claim of infringement. In some cases, such as advertisements, acknowledgments can backfire and create additional legal claims, such as a violation of the right of publicity. When in doubt as to the right to use or acknowledge a source, the most prudent course may be to seek permission of the copyright owner."
Posted by angelaperry
7th Apr 2010
0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
Are you a father Dana? Do you teach your children that it's OK to
steal from street buffets? Yes; lots of vendors leave their goods out
on the street when the weather is fair in the hopes of getting their
products more exposure, but when the children ask if it's free, the
good parents tell them that it's not and to take it would be stealing.

I think today has most likely turned out to be a very bad day for you.
My advice to you is to use it to reevaluate yourself and your morals
and start fresh tomorrow. Good luck.
Posted by kgosselinart
7th Apr 2010
0 Votes
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Keeping your hands off art or anything else.
Are you a father Dana? Do you teach your children that it's OK to
steal from street buffets? Yes; lots of vendors leave their goods out
on the street when the weather is fair in the hopes of getting their
products more exposure, but when the children ask if it's free, the
good parents tell them that it's not and to take it would be stealing.

I think today has most likely turned out to be a very bad day for you.
My advice to you is to use it to reevaluate yourself and your morals
and start fresh tomorrow. Good luck.
Posted by kgosselinart
7th Apr 2010
0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
"Within the range of fair use, go for it. As to the beard, you may want to have it go in white, as the picture is a few years old."

Oh excellent, because MY interpretation of fair use is to take exactly what you did and not give you credit for it.

And WHAT, and few years old?!? Forget it, my dream is dead.
Posted by Rich Tu
7th Apr 2010
0 Votes
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re: I apologize, again
You still don't get it. There is nothing to agree or disagree about. The US law
states pretty clearly what is going on here, and your "interpretation" breaks
that law. Until you go and reread about copyright usage and fair use, I suggest
that you refrain from using images to accompany your work.

Gant Powell
Posted by GantPowell
7th Apr 2010
0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
Hi guys. I've taken the liberty of posting SmartPlanet articles on my
website. I'm enjoying getting the advertising revenue from them!
Don't worry?I linked to your site, so I'm helping you promote
yourself! You're welcome!

Oh, if you'd rather I didn't use your articles, just insert the words
"DON'T STEAL MY ARTICLES," in capital letters, after every
sentence. No problem!
Posted by saagpaneer
7th Apr 2010
0 Votes
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I'll always accept a sincere apology
But, man, Dana..... That is really weak.

It's not about agree or disagree.

It's not about your "interpretation" of a law agreed-upon by an
international community.

It's about the BLACK AND WHITE written word of the law. I
understand that you thought you were providing just
compensation; that's all well and good. Apologizing half-
heartedly by hiding behind those platitudes noted above reeks
of insincerity, man.

Look, I can't speak for anyone else, but my reading of the whole
brouhaha is this: it appears that no one likes the behavior you
exhibited. None of the cogent response has been ad hominem.

Anything that does look personal is all about the snarky
responses, man. And it won't discontinue until the
platitudinous and half-hearted admissions become real.

Admit a mistake without the B.S. Goodness, man.....
Posted by zippyrich
7th Apr 2010
0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
I put nothing "out there".(Period)""" To know me is to hire me or not. SAD. PS: Try to afford a "patent" in the land of the free! Not actually possible. SAD. sorry for yelling.
Posted by Pete4484
7th Apr 2010
0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
No, we most emphatically must not ! You have not offered an
apology only some stuffy look-down-your-nose lecture that is
absurd and ignorant in it's content! And it shows you to be a
smug thief with no understanding of the law! And too much
ego to say you were wrong!

Either apologize like a man and admit you have a lot to learn
about copyright law or take the bad publicity you will find
spread over the internet by every self respecting artist.
Oh, by the way. I am an illustrator and my daughter is a well
known writer! She would find your attitude and ignorance as
insulting to the writing community as I find it to the art
community!
Posted by Judy Riggenbach
7th Apr 2010
0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
I put "nothing" out there. (Period!)....I think? SAD. I also, would never afford a patent in the land of the free. SAD. sorry for yelling I'm less than enchanted. Venture capitalists need not apply ... and I won't call you.
Posted by Pete4484
7th Apr 2010
0 Votes
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RE: Keeping your images off SmartPlanet or anywhere else
"Y'all may not accept the apology, or the explanations, or my
interpretation of the law, but there it is. On some things we must
agree to disagree."

Are you a lawyer? More specifically, are you an intellectual property lawyer? Or a judge? Or another legal professional? *YOUR* interpretation of the law doesn't matter when you are WRONG. You might be interested in the article 'Copyright Myths Uncovered' here:

http://artsandcraftslaw.com/id7.html

Shannon Okey
author of 12+ major-publisher books, designer, and NOT an intellectual property thief
Posted by knitgrrl
7th Apr 2010
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RE: Keeping your images off SmartPlanet or anywhere else
Oh man, you guys. I figured it out. Get ready to laugh. This guy here... he
seems to think ... wait for it... he seems to think that this particular phrase
applies to him: "the fair use of a copyrighted work ... for purposes such as
criticism, comment, news reporting, teaching (including multiple copies for
classroom use), scholarship, or research, is not an infringement of
copyright."

Darling, that's if you're reporting ABOUT the piece of artwork in question.
"OOoohhhh," everyone says. Oh, wait, no we already knew that.

And see, just after that it says that you should consider: " the effect of the
use upon the potential market for or value of the copyrighted work." So
basically, it says that you're a jerk.

By the way, you're getting a lot of "publicity" on twitter right now. Must feel
good, right?
Posted by GantPowell
7th Apr 2010
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Fair Use
You point to the Fair Use provisions -- did you actually READ them?

"In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include ?

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;"

You used Buzzelli's work for a commercial purpose. This was not for your kid's science fair project background. This website, presumably, exists to make money and compensates you in some way, no?
Posted by knitgrrl
7th Apr 2010
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RE: Keeping your images off SmartPlanet or anywhere else
"Y'all may not accept the apology, or the explanations, or my
interpretation of the law, but there it is. On some things we must
agree to disagree."

Wow. Are you a child? Your picture makes you look like an adult in his late 40s or early 50s, so it's a little shocking to see your words where you are acting like such a baby.

Why is it that people with utterly bankrupt arguments always trot out the "agree to disagree" chestnut?

Here's the deal. If you want some pretty pictures to put on your article, either make them yourself, hire someone to make them for you, or purchase them from a legitimate stock image archive. It's that simple. If you can't handle that then don't put images in your article. Period.
Posted by LockonStratos
7th Apr 2010
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RE: Keeping your images off SmartPlanet or anywhere else
I'd say it's less about your interpretation of the law vs. you know, the rest of us, and more about our correct interpretation of the law vs. the fantasy intellectual property "laws" of your imagination.
Posted by Scott Chantler
7th Apr 2010
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Judy Riggenbach
I have apologized. I will not link to anything Mr. Buzelli does ever
again, I promise.

But those who leave their doors unlocked and then call the police
when someone takes a book and leaves a note are making more of this
than there is. Especially when the book is returned immediately upon
asking.

In this article I have told you how to prevent anyone from
downloading any image you post on any Web site. I have linked to an
explanation of the law in question and apologized for any offense.

You and your friends just aren't taking sorry for an answer.Reminds
me of an old football saying -- never kick a man when he's down
unless he's already down. And there are four of you.
Posted by DanaBlankenhorn
7th Apr 2010
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RE: Keeping your images off SmartPlanet or anywhere else
"But those who leave their doors unlocked and then call the
police
when someone takes a book and leaves a note are making
more of this than there is. Especially when the book is returned
immediately upon asking."

I've read this over and over....and still I go, "wha....?"
Posted by IreneGallo
7th Apr 2010
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RE: Keeping your images off SmartPlanet or anywhere else
Exactly, Irene. Exactly.

Dana - Your analogies do not change the fact that taking an
image which does not belong to you and which you have no
right to take (much like the book in your analogy) is wrong and
against the law. There is no interpretation of that law that can
make you look better. It is the law. This is what people are at
odds with.

You are breaking the law and making excuses about why you
broke that law. Utter ridiculousness.

You are not sorry for stealing Chris' illustration, you are sorry
someone caught you doing it and is chastising you for it.

Sam Bosma
Posted by Sam Bosma
7th Apr 2010
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RE: Keeping your images off SmartPlanet or anywhere else
Do you get paid to be a writer? Do you get money for this? Are you really that bad at forming an argument, or are you so full of ignorant rage that it is making you babble like an incoherent ape?

I have absolutely know idea what your metaphor about leaving doors unlocked is supposed to mean. Perhaps try rephrasing it using English grammar.
Posted by LockonStratos
7th Apr 2010
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RE: Keeping your images off SmartPlanet or anywhere else
In my last post "I have absolutely know idea what your metaphor about leaving doors unlocked is supposed to mean" should have read "I have absolutely no idea what your metaphor about leaving doors unlocked is supposed to mean."
Posted by LockonStratos
7th Apr 2010
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RE: Keeping your images off SmartPlanet or anywhere else
"I have apologized. I will not link to anything Mr. Buzelli does ever again, I promise."

Once again, I think you are missing the point. Let me summarize (correct me if I'm wrong):

1) Fair Use does not cover random use of images on a professional blog.

2) We are not only upset on behalf of Mr. Buzelli, but all the artists you have stolen from.

3) A true apology would involve:
i) Removing this insulting and condescending travesty of an article.
ii) Committing to purchase your images or use public domain/creative commons images in the future.
Posted by angelaperry
7th Apr 2010
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RE: Keeping your images off SmartPlanet or anywhere else
Please stop comparing valuable works of art to carrots and borrowed books. If they are so insignificant, why do you need them to enhance the value of your article?
Posted by j2010
7th Apr 2010
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I still apologize
Artists who leave their work on the Web, in the clear, with no
watermark, easily copied, expect it to be copied. It is copied, by
Google, by other search engines, ad infinitum.

Now, if you expect Google to not do that, you write a robots.txt file
and Google won't do it. If you don't want others to use it, with
credit, you watermark it or copy protect it.

Calling me a thief does not solve your problem. I have told y'all how
to solve your problem. I have apologized, and will change my behavior
in the future.

But frankly your personal insults, the level of invective, speaks to
something else beyond me, and beyond this case. I'd like to hear what
it is.
Posted by DanaBlankenhorn
7th Apr 2010
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RE: Keeping your images off SmartPlanet or anywhere else
Artists are idiots. They make such a big fuss over protecting their "intellectual" property because they are deathly afraid that they'll never have another supposedly brilliant idea ever again and are desperate to milk everything they've ever done for all it's worth. I used to work at the Society of Illustrators. That place is a dump full of mediocre egos taking turns massaging each other. Dana apologized, give it a rest morons.
Posted by Angelram
29th Jul 2010
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