I Almost Got Sued Over A Picture on My Blog
I am usually a ‘rest on weekends’ kind of blogger, but I got home after the ping.sg gathering at Brewerkz and saw an unexpected comment on one on my post.
.
Yes, I was told to take down an image from this post or risk legal actions being taken against me. Without a 2nd thought, I immediately went to my wordpress panel and removed the image from the post as well as the server. I don’t make money out of this blog, and being sued over one 350 x 232 pixel picture is simply not worth it.
It was DEFINITELY my fault for not checking out what creative commons Andie had for this picture. I simply screenshot it, did some cropping and attributed the picture by putting a link back to the source. Photographers/graphic artists place different creative commons on their work. Some like Andie, do not allow any form of copying and some do allow people to use their work provided that people attribute the source/originator.
There are 2 thoughts I have on this matter.
First, is of course a reminder for me to check on the allowed usage of any images I find on the internet before utilizing it. I still have a lot of images on this blog that I am too lazy to double check now. I’ll just wait for each one of the owners to come and threaten to sue my poor ass. 
Secondly, I will like to touch on what I feel about copyrights on images. In this new age of online media, your work can be easily seen by an enormous amount of people depending on how popular your website is. For the new age photographer/graphic artists, sale of their work is no more subjected to galleries at museum and promoted by the local newspaper. A budding photographer or graphic artist can just post images on a website and money and/or fame will come.
The worry of photographers and artists is that people will use their images for monetary means without their consent and their deserved share of the money. Some are also afraid that other people will claim their work as their own.
I just feel that photographers should just allow their work to be used with proper attribution of the images to the original authors. It’s FREE publicity if you think about it. With the new age of media, you will find that bloggers are great avenues of advertising your work.
Of course some might argue that not everyone will attribute the images to the original authors. And if a person wants to just download the image and use it for print, there is no way you can stop him/her.
Photographers and graphic artists should do the following to reduce the odds of the above happening.
1. Do not post full size images. Use web sized ones. Images of that small size looks good enough for the web while ensuring that people do not download it off the web and do respectable prints with it.
2. Watermark your images. By putting your name and/or your website on your images, you increase the odds of some trackbacks from the information on the image. Having dabbled in photography before, I know some photographers who hate to watermark their images as it ‘spoils’ the image and it is also troublesome to others to add watermarks for each image.
In my opinion, the benefits of allowing ‘free distribution’ of your work far outweighs an anal approach to “NO! YOU CANNOT USE MY IMAGE YOU *TOOT*. I’LL KEEL YOU!”. Sure, there may be more people who use your work without proper attribution and even some assholes who will claim your work as theirs, but you will get more recognition and business from the exposure you get from the few good ones.
Anyone got thoughts to add?
Related posts:
May 18th, 2008 at 5:23 pm
Yeah, I agree…tight arses.
That’s why I prefer to take my own (crap) photographs, draw my own pictures…so that some tight arse won’t come along threatening to sue me.
May 18th, 2008 at 5:57 pm
Personally I think that if people put their pictures online, obviously they will risk having people to right click and copy their pictures.
I’ve had that happen to me before, and sometimes its flattering that people like my picture enough to copy my pictures, but some don’t link back to the original source, hence, its better to just add in a watermark
More people are aware of your work and everyone is happy thus everyone wins!
rinazs last blog post..I love my new namecards!
May 18th, 2008 at 6:22 pm
For me, I don’t mind my pictures being used elsewhere as long as they are done with attribution (i.e. credits, and a link back to the source).
I will get mad at people who use my photos/pictures without linking back though, like a guy in Ping.sg who some time back created a blog skin, with only “background taken from deviantart.com” as the credit (deviantART is a huge community and credit should be given to an individual artist, not the community).
May 18th, 2008 at 6:39 pm
Well it happen to me before too when someone happily copy my whole website (photos and text) and use it as his own without crediting back to me or anything (together with my typo in it as well). I dun threaten to take legal action of cos but I mention this on a forum which I knew where he got my website url from.
“I had seen my website being claim as ‘s and I am wondering if since he can do this to my website maybe I can go over to NTU and make claim on his course work.”
Got an email from him just about an hour later saying sorry about what he done with the website brought down.
I think at the end of the day we should credit the person who had done the work or if we can’t then maybe just put a note there that the pic will be taken down if the owner do not approve it.
Kriscells last blog post..SAF Major Cock Up
May 18th, 2008 at 6:51 pm
i think that it’s bloody hell mafan to go figure the copyright issue for everything used, just to write a blog post.
i agree, at the end of the day it’s free publicity o.0
*waits to get sued by… somebody, anybody… who not happy i use what picture with provided link back?!*
niks last blog post..
May 18th, 2008 at 7:00 pm
The open source project is beginning more and more popular now, and with regards to your work done, as long as you are credited for your work, why not? The safest way is to not use any images unless you are the owner, like the pictures you take … etc
Darrans last blog post..I Have Been Accepted Into NAAEC
May 18th, 2008 at 8:07 pm
i don’t see why he/she/it should be that angry, when you did do a link back and credited them for their work.
what ever you choose to upload online, will and can be used by anyone or everyone, that’s a known fact.
May 18th, 2008 at 10:20 pm
Credentials should be given if using others photos. There was once a blogger gladly used my photo, cropped out my watermark and put her own! I didn’t kick a big fuss out of it thou. If she feel that she can live with it, I’ll just let it be loh. Anyway, ppl who reads her blog will eventually know the photo belongs to me cos the same group of ppl (mostly) read mine too! Ha!
Agree with Mimi. Best way is to use my own crap photos in my blog loh. If no photo, than don’t post loh. Simple as that.
May 19th, 2008 at 12:38 am
taking your pic(s) without crediting you is wrong.
but taking your pic(s) without crediting you PLUS hotlinking deserves a rocketship up the fool’s ass.
May 19th, 2008 at 1:02 am
what the eff is wrong with him. if so scared that people will use ur stuff, thn take it offline lah.
want people to see, but dont want to share…?
anyway. its not as if u claimed the work for ur own. well. this serves to remind us that there are truly weird people in this world.
Daphne Maias last blog post..Why I refuse to donate
May 19th, 2008 at 7:11 am
The owner has every right to ask that you take down his/her pic but is there a need from strong language i.e. Threatening to sue? How about a simple polite request?
JayWalks last blog post..Sorry Myanmar. You’re On Your Own.
May 19th, 2008 at 9:45 am
Oh god.. i have forgotten abt water-marking my comics.. Anyhow how does this person even know who uses his pictures? So shen tou guang da?
Bernards last blog post..Can pigs really fly?
May 19th, 2008 at 9:59 am
Hmmm…not that I want to be a complete ass but with Singapore not being under Creative Commons, was there even a need to comply?
May 19th, 2008 at 10:09 am
I submit artworks to deviantart once in a while, and I make it a point to protect my works with a Creative Commons license that disallows alteration of my work.
I am okay with people using my work, with due credit and no modification. If not, a simple email requesting for due credit will be mailed out to the person who used my work without crediting. Threatening to sue is definitely too extreme a measure.
winxps last blog post..Protected: i’m unworthy
May 19th, 2008 at 11:49 am
Mimi> I think I shall do more of what you do soon. But most of the time, its hard to find a proper pic from your own gallery. Drawing is also time consuming.
Rinaz> Of course there will be those who will CROP off your watermark or painstakingly clone tool/repair the pic so tt the watermark doesn’t show. But its still the best method so far.
hendri> oh man… u reminded me on a credit i should done a long time ago. my BG is from deviantart. HAHAHHAHAHAAA
Kriscell> I had one post copied wholesale b4 but you had the WHOLE SITE? hahaa… TT is quite flattering in a way actually!
nik> Yes, its troublesome, but if you don’t do it.. You may end up like me. LOL
Darran> Everyone one should just credit ppl for work so that the safest way would just be to credit work.
xinyun> What you said is true to a certain extent but Copyright laws are still applicable to pictures online, so we need to be careful.
claudia> If only ppl r as magnanimous as you. It’s one thing using my pictures, but another if they use it as though its theirs.
Dingo> yew got a spare rocket? wahahahaa
Daphne> When credits to that pic. It was a very nicely taken one. Maybe he felt the potential of it and was very anal about ppl using it. I shall explain how he found my blog thru my reply to Bernard later on.
Jaywalk> I have reason to believe this is not the 1st time he has asked ppl to take down his pic, so it could be a copy and paste reply. Another friend of mine has voiced the same opinions as you.. NO need to be so threatening wad
Bernard> You asked a GOOD qn. I put his picture and credited by linking it back to his flickr url. He found my blog becuz he went to a blog search engine and searching for the URL of his pic. In summary, he is looking for ppl who use his work and credits him. which is quite…. WTF? HAHHAHAHAHAHAHAHAHAHHAAHA
Ridz> That I didn’t noe dude? should I put the pic back up? WAHAHAHAHA
Winxp> Wah… you so arty farty one ah? give me your deviantart profile leh!
May 19th, 2008 at 12:24 pm
claudia : Only problem with that is some people might thought you stole it from her instead of vice versa
Hungzais last blog post..Incident Near Tampines
May 19th, 2008 at 12:41 pm
i suppose i’d still just be lazy and wait.
gagaga.
niks last blog post..
May 19th, 2008 at 1:15 pm
I understand the frustrations, maybe ask for permission 1st to use the photo next time ? There would be photos that people would not mind sharing with others.
Recalled a few of my blog posts from my photoblog being totally replicated on another blog with my name changed !
Don’t let this set you back, you have a great blog here ! Keep blogging !
JHs last blog post..Understanding the Power of Corporations
May 19th, 2008 at 2:41 pm
Hi there. Agree with JH: ask for permission – that’s the key. Cheers!
mrdess last blog post..Go as They Come
May 19th, 2008 at 4:43 pm
they can still sue you lar, its just that it would so goddamn draggy, expensive and complex that I doubt anybody would have the time, energy and money.
Unless they’re mad or something.
Anyways, it’s a good decision you removed the pic lar… saved you ALOT of trouble.
*goes and make one rocket especially for kris*
Dingos last blog post..PINNNNNNG~ PONNNNGGG~
May 19th, 2008 at 5:01 pm
@Hungzai hmm… ppl will know the pic is mine lah. She can’t take that kind of shots one. (Not that mine’s any good lah, but still, ppl will know loh.) And the thing about watermarking photos, if like me, put at corner only, anyone can still crop it away lah. But if like some, put big big watermark over the entire photo, will cover it and make it look ugly leh. So how? Don’t post photos loh! But that’ll just make blogging so boring rite?
claudias last blog post..The War is ON!
May 20th, 2008 at 10:30 am
If its not your own work, then be prepared to take it down.
QQ less imo
u will be surprise how many ppl use “freedon” as an excuse to profit and credit themselves at other ppl’s expense and efforts
May 20th, 2008 at 10:41 pm
WHAT PICTURE???
May 21st, 2008 at 2:00 am
JH & mrdes> In this day and age, asking permission is much too lengthy a process. Imagine if you are blogging this moment and you are going to publish the post in an hr. There is no way you can get the permission in that time.
And if I am a photographer who put up an outstanding picture. I don’t want to receive mail aft mail asking for permission. I would just tell that ppl can use my work, provided that they credit me.
Thanks to JH for the compliments dude!
rufus> Yes, there are ppl like tt who steals work.. but they get away with it. And I, who credited the author, got asked to take down the pic instead.
max> the picture is gone dude.. hahaha. I took it down for fear of being sued.
May 21st, 2008 at 10:53 pm
Hi krisando, as a photographer, I know how it feels when my image is used elsewhere without being credited for it. I don’t mind my image being used elsewhere, so as long I am credited for it. But sometimes it is a good idea to ask the photographer for the rights to publish the image in your website.
Quoting from yourself, “In this day and age”, if you really think a simple task such as asking a rightful owner if you can use his work is too “lengthy a process”, then I would suggest that you photograph the image yourself. Wouldn’t that be an even more lengthy process? It’s really simple, krisando. You’ve got it wrong in the first place, so just acknowledge your mistake and move on.
Have a good day.
Raymond Chans last blog post..Of Work and Uni
May 21st, 2008 at 11:44 pm
Raymond Chan> I think this issue is very sensitive for photographers like you. Let me copy and paste a reply from me to a person who commented on tomorrow.sg
I am applauding your thinking of “I don’t mind my image being used elsewhere, so as long I am credited for it.”
Which is what I am driving at in this post. And I have said sorry, removed the said image and moved on. This post is about my afterthoughts and opinion.
May 21st, 2008 at 11:57 pm
Thanks for the prompt reply and clarification, krisandro. If my comment had been too harsh, my apologies.
On another note, you have a great blog here =)
Cheers.
Raymond Chans last blog post..Of Work and Uni
May 22nd, 2008 at 12:11 am
Raymond Chan> There is no need for apologies. I truly understand how it feels like on both sides of the fence and that comment about “too lengthy a process” can really make photographers like yourself upset if i do not explain myself.
And I thank you for your compliments on my blog!
May 23rd, 2008 at 9:47 pm
Personally I think you are right.. the authors get free publicity on your website…
If you put a link to his side, I think is a win-win solution for both party….
Maybe the authors should put a watermark to show his name or link…
Jeslyn Wongs last blog post..You are no longer my BF
May 25th, 2008 at 10:24 pm
Act some photogs who share their works on other sites do not state the cr8tive usage – meaning should be able to blog on it, as long we link back. But really, there are many who don’t like that way.
On another note, Ive also encountered ppl saying that photos online (eg flickr) is for sharing. He act allowed me to use his pic for a book Im doing – many did, though many didnt as well
QuaChees last blog post..Another Thumbs Up For Bloggers
July 20th, 2008 at 10:41 pm
[...] were at the party, do feel free to use all the photos posted for your blog. I won’t try to sue anyone for using the photos. Wahahaha! These photos are taken by me, a member of Ping.sg community, for you, members of Ping.sg [...]
July 31st, 2008 at 11:30 am
[...] were at the party, do feel free to use all the photos posted for your blog. I won’t try to sue anyone for using the photos. Wahahaha! These photos are taken by me, a member of Ping.sg community, for you, members of Ping.sg [...]
August 10th, 2008 at 5:09 pm
I believe it is important to credit your source because as much as we hate to admit it, stealing a photo / work of art etc etc is very much the same as plagiarism.
August 30th, 2008 at 7:19 am
id be cool if someone used one of my pics
October 23rd, 2008 at 2:02 pm
it’s not the photographer’s responsibility to put a watermark. Our works are protected under the Copyright act which is law.
And the logic regarding “giving free publicity” can be disrespectful.
Photographers make a living off selling the usage of their images.
To take an image without asking and saying you’re “giving free publicity” is undermining the photographer’s stream of income.
And I don’t think that any blog post is so time-critical that they can’t ask first?
Most photographers are nice about it and we are appreciative of fans of our work, but common courtesy is beneficial for all parties involved especially in this digital age where things like photographs and music are so easily transferred without thinking about the creators of the work.