A very blessed and Merry Christmas to all!
“Unto Us, a Child is Born” (Nativity Scene) Nikon D300, 55mm, F/2.8, 1/30s, -1.0EV, ISO 1250, Built-in Rear-Curtain Flash w/Gary Fong ‘Puffer’ diffuser, -1.0EV, Nik Silver Efex Pro ‘Stained’ Filter, Nik Color Efex Pro ‘GG’ Filter
When I first discovered the rampant theft of my images, I never dreamed the frustrating hours it would take to regain control. There were nights I seriously questioned whether or not I’d actually survive this hit. But with all the support and encouragement I received along the way (thank you!), hope soon replaced the feelings of despair and I gained a strength I didn’t know I had.
“Is there a problem, Occifer?” (Eastern Grey Squirrel) Nikon D300, 290mm, F/5, 1/125s, ISO 640, Nik SIlver Efex Pro ‘Floral’ Filter
Over these past three weeks, I have become well-versed in finding stolen images and how to use WHOIS to locate the proper folks with whom to make a claim.
I have filed countless DMCA forms, have sent numerous takedown notices and have gained invaluable knowledge about image protection and my rights as an artist. I’ve come to realize the only person who can truly protect my images is ME and I have begun taking the necessary steps to do so. Though I still have weeks of work ahead of me, the rose-colored glasses are off, my friends, and I am indeed, wide awake.
At last count (and I find infringements every day), over 85 different images were being used without my knowledge or permission. The actual number of violations, however, lies somewhere in the 250 range since many images were found on multiple sites all across the United States and throughout the world.
While some infractions were minor (e.g., image posted on a blog or used as an avatar), others were much more serious (images displayed on commercial sites, images used to sell products, images used in YouTube videos, images used as backgrounds, images used in online news articles, images posted on a photography tutorial site, images altered and so on). And, yes, there still remains the issue of the playground image used on an EP cover by a UK artist (the toughest pill of all).
I estimate that I’ve been able to get 95% of the images removed. Some, I may never get removed. New motto: learn, accept, protect, move on.
A hearty THANK YOU! goes out to the following sites: Google, Tumblr, YouTube, Polyvore, Instagram, Wikispaces, Facebook, WordPress and GoDaddy (as well as other countless hosting sites here and abroad) who take copyright violation seriously and acted promptly on my behalf.
There is one particular infraction, however, that I feel compelled to single out since the response by the thief is one that I think you all should hear. It started out innocently enough (as things always do).
~ Here’s the tale ~
While performing my arduous image search, I came across this photo of mine on a so-called “educational” wild life site:
“Snowy Mourning” (Mourning Doves) Nikon D300, 400mm, F/7.1, 1/200s, +0.3EV
No link back to my blog and no credit except for my copyright stamp in the lower right-hand corner (at the time, the center visible watermark was not present). Okay, nothing really new… or so I thought. As I looked more closely at the site to locate the contact information, I read the site’s very lengthy and explicit copyright statement:
Hmmm… how… very… interesting. Ladywildlife had taken it upon herself to offer MY copyrighted Mourning Dove image to others to download/print and use for FREE without MY permission or knowledge and yet, at the same time, appeared to have gone to great length to protect “her” site’s content.
You can imagine my reaction.
I clicked on “CONTACT ME” and filled in the form requesting my image be removed, pointing out the irony of the site’s copyright statement. When I encountered difficulty in submitting said form (couldn’t confirm it was filed), I performed a WHOIS search the following day and located an e-mail address for the site’s webmaster. I then sent a DMCA notice to the webmaster claiming ownership of the image and requesting its immediate removal.
After weeks of no response, I received the following e-mail this past Saturday (please click to view larger):
Ladywildlife E-mail
Seriously? You take my image and when I ask for it to be removed, THIS is the response I get?
Allow me to clear a few things up:
First, I did not, by any means, attack ladywildlife. I used the contact form contained on her site and requested my copyrighted image to be removed. When I feared the request wasn’t going through via that form, I followed up with a DMCA notice to the webmaster which is in my rights to do so (and has proven to be very effective). As an aside, I do not feel it necessary to be nice to those who take my creative work without my consent.
Second, I found no link (or links page) or credit back to me or my blog. No idea what ladywildlife is referring to here.
Third, what on earth gives ladywildlife the right to declare my site as not safe for children? (Can you say, libel?) This couldn’t be further from the truth. However, I am glad viewers of ladywildlife will not be visiting my site since the only reason they would be doing so would be to grab wildlife images for their use without my knowledge. No thank you.
Fourth, ladywildlife, you most certainly did take my image. For someone who claims to be well-versed in copyright law, you have it all wrong. Finding images via a Google image search does not make them free to use nor absolve you from copyright infringement. Furthermore, when you click on an image in Google, the following statement appears in the side-bar: “Images may be subject to copyright.” So, if my visible copyright stamp wasn’t enough of an indication the image was protected, Google was attempting to inform you to do your homework before downloading and using said image.
Fifth, with regards to the copyright statement on my site, what you call ‘sloppy wording’ is the standard verbiage from the US Copyright Office and is actually, not even necessary to protect my site’s content. (All that is required is “© 2009-2012 Tracy Milkay/Milkay Photography All rights reserved”). However, you will notice that I have since expanded my statement to be crystal clear so there is no room for confusion.
Sixth, thank you for the reminder about contacting the various search engines to get the older, un-watermarked versions of my images removed from searches and cache. This was initially lower down on my ‘to-do’ list but now I understand the importance of sending such requests at the same time I implement my image changes. A win-win for me.
“Nope, I haven’t seen your missing peanut” (Eastern Grey Squirrel) Nikon D300, 400mm, F/5, 1/160s, ISO 640, Nik Silver Efex Pro ‘Center Focus’ filter w/Selective Toning
So there it is, folks. The above example is by far the most extreme case I have encountered to date. Fortunately, the majority of responses I’ve received have fallen to the other end of the spectrum, from honorable folks who’ve apologized for using an image of mine and have either removed it per my request or provided the proper credit/link.
I understand image theft is a widespread problem, experienced by artists all over the internet and my situation is nothing new. The internet is indeed, a complicated place (it is not called a “web” for nothing).
On the one hand, it provides a global platform for self-promotion of creative work and that is an amazing thing! However, on the other hand, it also exposes one’s work to theft, which is a tragedy. My goal here is to educate those in the creative arts field as well as those who are not. (I also hope to soon return back to the art of taking photos and look forward to the day where this is all behind me.)
My message is this:
To artists, do everything you can to protect your work!
To the rest of the community, please respect and support the work of writers, photographers, graphic designers, painters, etc., and think before you download/use content you find on the internet. There are working artists behind those creative works who are trying to make a living and when their work is taken, without their permission or knowledge and with no compensation back to them, how can they continue to do so?
As always, your comments and ideas are welcome. I do not profess to know how to resolve this problem but hopefully, by simply opening up this dialog, together we can raise awareness. Spread the word.
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My heart. Your hands.
No other place it would rather be. 🙂
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“Heart of Glass” (Glass Heart Hummingbird Feeder) Nikon D300, 70mm, F/5.6, 1/60s, ISO 640
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Happy Anniversary, Babe!
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As promised, here are the revelations as to what the images I posted yesterday in Abstract Reality actually are! Everyone had really, really good guesses! I was very impressed! 🙂
First image: Grill Cover Tear
“Fissure” (Grill Cover Tear)
I focussed in tight on that top corner and then converted the image to b&w. Boy, this thing is really in sad shape, huh? 😉
Second image: Rusty Metal Wing of Hummingbird Garden Stake
“Wired” (Rusty Metal Wing of Hummingbird Garden Stake)
I composed this image using just the wing of the hummingbird garden stake. Because the leaf-strewn ground color was so close to the warm colors of the wing I decided to desaturate the entire image and then selectively bring back those wonderful rusted tones of the metal. Works for me! 😉
Third image: Rusty Saw Blade on Dirty Grill Cover
“Rusted” (Rusty Saw Blade on Dirty Grill Cover)
Yep, nothing more than a very rusty saw blade on a very dirty grill cover. Can’t fake this kind of texture! 🙂
Fourth image: Grill Cover Mesh Panel
“Grilled” (Grill Cover Mesh Panel)
Okay, I admit it, this one really wasn’t fair but Scott never said we had to play fair. 😉 Inverting the colors on the mesh part of the grill cover with the very reflective stainless steel behind gave this abstract a sequin-ish look (I really liked that guess, Kiwi! 🙂 )
Fifth image: Star Suncatcher
“Inprismed” (Star Suncatcher)
Going in close on the center portion of a bevelled-glass star suncatcher made for an interesting abstract. Except for the blue center, the glass is actually clear and gains its colors by reflecting all that is around it (green/blue tones from the evergreen trees close by and warm tones from the leaves and cedar mulch that lay below). My, that 105mm lens gives a lovely shallow depth of field at such a close range, doesn’t it? 😉
Sixth image: The Inside of a Sunflower Bird Bath
“Rosebud” (The Inside of a Sunflower Bird Bath)
I figured most would guess this one! (Does it make up for the grill cover mesh image? 😉 ) The inside of my sunflower bird bath has such interesting patterns and textures. Small red buds from the tree overhead added just that tiny pop of needed color.
Seventh image: Water Bottle with Reflection
“I.C.U.” (Water Bottle with Reflection)
My trusty Cool Gear water bottle! LOVE that it is orange and hot pink! (Yeah, sometimes I’m really such a girl). This thing is GIANT and is with me pretty much at all times when home. One evening, it was sitting on my desk when I noticed the light from the monitor was creating an eerie glow as well as a very cool miniature reflection of the bottom ring in the water line above. I played with many different compostions and angles and ended up liking how this one looks cyborg–ish.
The eighth imagewas fairly obvious: One Red Sneaker, Two White Pant Legs, Three Black Rails
“One Red, Two White, Three Black” (One Red Sneaker, Two White Pant Legs, Three Black Rails)
A pair of legs (if I recall, belonging to a man) wearing white pants and red sneakers. This shot was taken pretty much by accident while watching a parade in the Magic Kingdom and aside from a slight levels adjustment, is straight out of the camera.
So, there you have it, folks! Thanks so much for playing! 😀
Milkay Photography 
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