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The tumblr Defense
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I'm starting to see my images show up on Tumblr and other blogs, even though, all of my images are marked All Rights Reserved.
Here is the disclaimer I am seeing on some Tumblr blogs, I call it The Tumblr Defense:
Disclaimer:
All images, unless otherwise noted, were taken from the Internet and are assumed to be in the public domain. These images are not presented as my own work, unless I note it under the specific post. Copyright still belongs to the owner / creator of each work. In the event that there is still a problem or error with copyrighted material, the break of the said copyright is neither intentional and not for profit in any way. The material in question will be removed at once with any presented proof. All models are assumed to be 18+.
Oh my, where to start.
First, publishing something, in public, does not put it in the public domain, in the U.S. publishing something actually automatically bestows a copyright.
Next, in the first line it is stated that the work is assumed to be in the public domain, but in third that the copyright belongs to the owner/creator, which is it, you can't have it both ways. A work in the Public Domain is without copyright, so for a work to be in the public domain, the copyright to the work can not still belong to the owner/creator. These two lines are mutually exclusive. In fact, it seems to me, the third line says, the Tumblr blogger actually knows the first line is false (hey, I can assume too).
Line four has so many problems. What is a break in Copyright, something is either copyrighted or not, works do not fall into the public domain and then back out. I assume (this assuming thing is fun) what the disclaimer's writer meant was, if he/she is breaking someone'e copyright that they didn't mean it and no one is making money off the misappropriation. Well, actually, Tumblr is trying to make money, and I've seen some Tumblr Blogs with paid advertising, so mileage may vary on this line. On a side note, one jerk on Blogspot that is using one of my image does not have this disclaimer, but has ads all over the page, even an overlay ad on the images he/she pulled from flickr (oh, and he/she credits the images as "uploaded by" flickr name, so it looks like flickr users are uploading the images voluntarily--but that is another story).
Back to the disclaimer, line five—are you serious, I need to prove I own the image before you remove it? Seriously. No mention of what sort of "proof" is needed either.
The last line is a huge land mine. That is an assumption that can have some big consequences. All of my models are over 18, but if someone blogs or reblogs an image that is, well, lets just call them "not kosher", since even the thought of such images makes me physically ill, they just committed a federal offense. Even reporting such images is tricky--you can't just send it to the Feds, doing so would make you a trafficker (no, I'm not kidding, I know someone who has reported such images and there are steps to doing correctly).
So where does that leave The Tumblr Defense? Well, lets go back to the top, "All images, unless otherwise noted, were taken from the Internet and are assumed to be in the public domain." Since my Flickr images on Tumblr have so far linked back to my Flickr account, it is safe to assume the blogger and rebloggers can click the link too, and see that is says "© All Rights Reserved ", so it is clearly "otherwise noted." That means, only one thing, blatant misappropriation since it was one click away to check.
Any IP lawyers want to back me up on the above? (note: IP lawyers only)
Originally posted at 9:00AM, 22 July 2010 PDT
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michaeltheartistnyc edited this topic 23 months ago.
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oh boy....
Posted 23 months ago.
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wow, I guess we can break into a different conversation until the IP lawyers show up on FlickrCentral. So, how are you? Getting your regular drinks of tap water? Do you think that the twinky defense beats the tumblr defense?
Originally posted 23 months ago.
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— f. edited this topic 23 months ago.
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wow man... did you strike lucky finding this group! flickr central is practically 100% IP lawyer membership.
i like how your post points out how some people on the internet don't know much about copyright. let me tell you that's an eye opener to me!
Posted 23 months ago.
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damn... my diary is full
Posted 23 months ago.
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I'm no longer posting 1,024 size pictures mainly because Tumblr bloggers take that size and as a rule and I don't allow that. 500 pixel sized pictures that link back to me are ok.
Also, with Tumblr, there is often no way to reach the page's maker, so I have begun filing DMCA takedown requests. I have a form ready to go and it takes me all of 25 seconds.
Tumblr usually removes them the same day.
Originally posted 23 months ago.
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Muzzlehatch edited this topic 23 months ago.
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I was a bit surprised to see that some Tumblr blogs had taken a couple of images of mine from Flickr - some were linking to the image on Flickr, but others had taken a large size from Flickr and rehosted it elsewhere (Amazon Web Services). They're all CC-Non-Commercial, and all credit me, so I'm not bothered, but thought it was a little cheeky...
Posted 23 months ago.
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Yeah, they just take the pictures off the Flickr servers and reupload them somewhere else so you have no idea how many views, etc.. And they are taking the large sizes because Flickr thinks that's awesome, apparently.
You sometimes get credit, but not by clicking on the picture. Instead, it's a little link somewhere else with no real reason to click. You might not be getting credit on many of these... if you weren't you wouldn't know.
This in a nutshell is why I'm irritated that the 1,024 size images are available to the public and always have been, despite appearances in the "who can download my pictures" account setting.
Now, with the redesign, the fact that large is freely available is now obvious to everyone including stupid paranoid people like me.
Originally posted 23 months ago.
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Muzzlehatch edited this topic 23 months ago.
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this saddens me greatly... just few weeks ago i have been drafted as a part-time IP admin at my firm and i'm unable to comment on this particular tumblr matter... which in turn causes me great psychological distress... because of this i've helplessly plunged into tap water binging... not even neurogasm is going to get me through this one... (yes... i've tried...)
this leaves me no other alternative but to sue the op...
Posted 23 months ago.
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korafotomorgana wrote
this leaves me no other alternative but to sue the op...
I never took you for the sewing kind... you think he is a sock puppet?
Muzzlehatch wrote Also, with Tumblr, there is often no way to reach the page's maker, so I have begun filing DMCA takedown requests. I did one big DMCA and quit my account. Now, there is no more tumblr'ing. Also, becoming a crappier photographer helps.
I think tags and interestingness leads to be tumblr'ed. I am so not there anymore.
Posted 23 months ago.
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True, and in my case, the donkey has forsaken me which helps. And I tag like a baboon. But tagging helps sales so I keep trying.
Posted 23 months ago.
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if you did that would have been a gross misrepresentation on my side...
the op can't be a sock puppet.... he shot the slipper room... he might know people i know...
Posted 23 months ago.
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The good news is that Tumblr responded fairly quickly and removed the images. But, I am not happy with the idea of having keep checking.
Really, would it be so hard for them to write a little code that checks for a flickr URLs in Tumbr posts, then hits the flickr page and checks/scraps for an instance of "© All Rights Reserved". I bet it would take one of their coders about a day to write it, QA it, and push it live--thus saving all of us the Tumblr staff tons of time hunting down our images and removing them.
Muzzlehatch, got a link to a boilerplate DMCA form? Also, which address do you send to? I wrote to john@tumblr.com Tumblr's President, also cc'd him on emails that went directly to Tumblr users.
directions in light, no stuffing here, just guts and glory--or is that guts and gory? Anyway, not a sock monkey.
korafotomorgana, Ack, no sewing or suing the OP! And yes, I do know people--I think.
Posted 23 months ago.
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My tumbler defence is as follows:
I was drunk, I didn't know what I was doing.
Posted 23 months ago.
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It's all at home but the address I use is support@tumblr.com and DMCA letter I developed from Googling examples and cutting and pasting. It was a cinch. So far I have not had to use it outside of Tumblr because most bloggers are kind enough to ask, or at least they link according to flickr's rules and use the 500 pixel size. Also, only Tumblr makes it difficult to contact the blogger directly.
The only blogging exception (that I'm yet aware of) is a community college instructor who lifted my picture without attribution for a geography class' blog. I consider it charity.
Posted 23 months ago.
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Oh, the humanities. I think I'll just quit using flickr.
Posted 23 months ago.
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No, not humanities. Geography.
Posted 23 months ago.
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Here we go again...
Posted 23 months ago.
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It looks like there's not one window in that entire shack.
Posted 23 months ago.
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And it only has two walls. What's going on!
Posted 23 months ago.
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Should I waste my time reading the OP, or is it another "Somebody done me wrong, song"?
It's spelled "tumblr"
whining, over-entitled flickr-ers
Posted 23 months ago.
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All of these discussion boil down to the same point: if you want total control over where your images end up and in what context they're used then don't upload them to the internet.
I can hardly see where any damage is done through the blogging of one of your images on Tumblr but if you're really so concerned about attribution then why not watermark your shots so that they can always be traced back to you regardless of wherever they end up?
Sites like Tumblr aren't going anywhere nor is blogging and reblogging images regardless of clearance. If you're so concerned then take preventative measures...don't be surprised if after exposing your bare ass you get screwed...etc.
Blah.
Posted 23 months ago.
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Good luck getting all those tumblogs taken down. My photos have been tumbled all over the place and 90% of the time the photos are linked back to me. I have a healthy mix of CC and ARR photos in my stream and I consider it an compliment when a photo is tumbled. My only concern is if a photo is being used commercially and 99.9% of the time these tumblogs are just collections of photos people think are nice. Where is the harm? With modern photography you have a choice:
Either,
1. Put you photos on the net, share them, risk having a few stolen and get your talent out there. Payoff could be amazing.
2. Don't put them on the net and no one will ever know what story you were trying to tell the world. You can also watermark them and make them 640X480 pixels which is almost the same as not uploading them in the first place. Payoff? none.
Chose whichever you want, but I'm taking my chances with #1.
Posted 23 months ago.
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Nothing--but nothing--pisses me off more than people who say "so don't post it to the internet."
I just want to smurf those self-righteous people.
Ugh. Mouthvomit.
Posted 23 months ago.
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Can someone please explain the point of an "all rights reserved" posting, if Flickr does nothing to ensure that is respected?
Posted 23 months ago.
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ok... it means that you have the right to enforce it if you want without flickr needing to care. but seriously if you really can't see the point then presumably you would be happy to see that message gone?
i can see that. but something that pisses me off is when every guy with a camera has to instantly start a new thread the moment they see some kid with a blog and a copy of their photo. i mean seriously we get it, they don't like it, it's the way it is, nothing's gonna change unless you stop posting it to the internet.
unless your livelihood depends on it, what's the point in really caring?
Posted 23 months ago.
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It's a shame that it annoys you so, Muzz, but it's pure pragmatism. A simple problem deserves a simple solution and if you're so dead-set on being able to approve on a case by case basis the manner and context in which your images are used and seen then your best bet would be to keep your images away from the internet. Especially since ex post facto DMCA take down notices are ultimately futile.
That's not self-righteousness - it's common sense and it would follow that if you find Flickr's methods to protect your images and your rights to their usage less than sufficient then it'd do you well to take your dollars and most importantly, your images elsewhere.
Blah again.
Posted 23 months ago.
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Tumblr was created specifically to encourage people to engage in grand theft photo.
But you know what is worse than Tumblr? The thing you should be more concerned about is the awful PHOTOTHEFT KEY.
Posted 23 months ago.
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Hehehehe.
Posted 23 months ago.
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This is a joke, and I agree with Deep Space 35mm, well said. Most people should be happy that someone likes the shot well enough to want to use it in a blog etc.. I get asked for permission most of the time and I do not have all day to find some small site somewhere that may have stolen one of my pictures. I may get upset and I say MAY if it is used in a advertisement to sell a product etc.. Some of my best work is not on Flickr.
Originally posted 23 months ago.
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archer10 (Dennis) edited this topic 23 months ago.
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No, not humanities. Geography.
It's all plagiarism to me....
Posted 23 months ago.
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