Mist Lifting off Cedars

1/12/2012 Update:



Vice.com contacted me with evidence that Lamar Smith's website www.texansforlamarsmith.com used my image as a background for their website. I have no recollection, nor record of Lamar Smith or anyone from his organization requesting permission to use my image "Mist Lifting Off Cedars". That lack of request does not violate the Creative Commons license although it does show high disregard for creative material producers. What does violate my Creative Commons license though is that I do not see anywhere on the screen capture that the image was attributed to the source (me). It would seem this image was improperly used by the organization of the very author of the SOPA bill that is being debated in Congress.


My take on SOPA: Unfortunately, our U.S. Congress is trying to take more control of the internet for large media corporations via the SOPA bill than actually protecting the rights of creatives and the work they produce. I have had images used improperly (stolen) by everyone from some guy in Pakistan to the Republican Women's Club of Missouri to a Chinese firm selling my images in bulk so protection of rights is needed but the SOPA bill is not the answer. This bill is a control grab of the internet for the big entertainment corporations and will hurt an innovative and open internet where new ideas and art are shared and nurtured.


I moved my discussion of this to my Google+ site: plus.google.com/u/0/115111902757485641613/posts




The early morning, December sun lights the tips of trees and warms the frost laden Cedars, creating a lifting mist. ~~ on our land, between Austin & Driftwood, TX


rotation of earth,

sun, galaxy, self

see the mist lift off cedars


The image title is derived from the wonderful, atmospheric "Snow Falling on Cedars" by David Guterson. As always; read the book before touching the movie.


Notes:Typical 3 exposure +/-2ev HDR processed with Photomatix and NX2. View it large: www.flickr.com/photos/oxherder/4189641199/sizes/l/

the oxherding path Blog ~ Twitter ~ Oxherder Arts Gallery ~ 500px.com ~ Google+

FelixSS©, suziqb and 144 more people faved this
  • Zh4x0r 3y

    I believe that Lamar was actually in violation when he used your photo, as you have it under a NON COMERCIAL license, which means without your permission, he can't use it for any commercial purpose. The website in question is a campaign website, and it's there to attract SPONSORS. Hence, it's commercial.
  • Krista 3y

    Great shot!!

    First website to be censored should be Lamar's if SOPA passes.
  • JoeTheDestroyer 3y

    Oh, the irony is especially delicious today!
  • Rasq _ 3y

    Such a big Win in so many lvls.
  • ronf89 3y

    Emily P If that was the case, why the complete and total redesign of the site and not an explanation as to where the credit was placed?
  • Greg MacKay 3y

    yeah I have had people take my stuff and I have asked them to credit me and usually they do.
    Good for you for chasing after this one.

  • catlady87 3y

    nice photo. smith needs to apologize. and sopa needs to die in committee. he should not get to be more than, 'just a bill', unlike the cute one on schoolhouse rock, which many of us remember...
  • Roy Niswanger 3y

    @ MackayPhotography, he didn't have to chase after this one, it's talked about here: www.reddit.com/r/WTF/comments/omffp/scumbag_sopa_author/

    I'm against the current writing of the SOPA bill, it needs tweaking, but people need to stop jumping to conclusions, like the guy that posted that imgur.com photo saying Lamar didn't ask for permission. Just like the author stated, not in violation of the CC attributes of this photo. Yet the authors profile page does say:

    Creative Commons License - Attribution Non-Commercial No Derivatives
    Feel free to use the photographs as long as credit and links are included.

    But is he or isn't he in violation? Here are the details: creativecommons.org/licenses/by-nc-sa/2.0/

    If the bill passes as-is I suppose sites such as flickr could be shut down, but that would only be after complete disregard to the pending issues/violations. The bill goes into detail on how the arbitration occurs between IP owners and the alleged IP violators.

    My take is that if someone posts a link/photo that points/contains copyrighted IP, then they should go after the hosting entity (source) of the data and not the link-reference on some poor guys website.

    Beautiful photo btw!
  • Harry Patsch 3y

  • S Bodzin 3y

    Interesting issues raised, and most importantly, excellent photo.
  • Don J Schulte 3y

    Thanks all for the comments and keeping it civil.
  • ladyscothia 3y

    Breathtaking. One of the nearest-to-perfect photos I've ever seen. I would love to pin it to Pinterest, with your permission and with total attribution, of course.
  • Don J Schulte 3y

    Hello ladyscothia,
    Sure. With the CC license I utilize, you can use this image as long as it is for non-commercial purposes (you are not using it to generate revenue for yourself) and you attribute it back to me.

    Have a great day!
  • Sciadopitys 3y

    Nice pic, but the plants are junipers (Juniperus sp., from the location probably Ashe Juniper Juniperus ashei), not cedars (Cedrus sp.).
  • Stephen Alexander 3y

    Yeah it's J. ashei, but in Central Texas they are colloquially known as cedars. Technically incorrect; culturally correct.
  • Fabio Lugoboni 3y

    I like this pic too. Good job, nice colors
  • space time cocktail 3y

    Hello Don, So dreamy; Luv the light, colours, contrasts :)
    Just to let you know, I've used this gorgeous image for my friends FaceBook Page cover (her business is called 'Kedar' or Cedar).
    Also, if you're ever interested in finding out where your images are used (not comprehensive, but a great start), you could try
    www.tineye.com/search/7e3908f36b09ccd0a69fa0140ad04cedd1e... (ref. my profile)
  • Harry 3y

    what a great photo!
  • bundersonlandon 2y

    Don, is there any chance that the "mist" is pollen? I have some pretty high pollen counts for the 14th Dec 2009 in Lago Vista.
  • Ioan Bacivarov 1y

    Selected for my special galleries.

    A Very Happy Easter to All My Flickr Friends!
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Taken on December 13, 2009
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