Yep, freedom of the Internet doesn't really mean it's free - or something like that. Before I get going, you'll notice this blog has no pictures.... a show of respect for Mr. Bunny.
Here's the deal. Everyone knows I source funny pictures for the Hot Cherry Review Blog. Sometimes, they get yanked, most times they don't. I don't take the time to ask permission every time I grab one, nor do I believe I should have to. If someone drops into our site - how they find their pictures on Hot Cherry is beyond me - Google maybe? - (same way I find the pics in the first place?) spots their picture and don't want it being their, they yank it. No big deal. I'm easy to get along with. Personally, if I was to stumble on one of my pictures used somewhere, I'd kinda be happy about it... buy hey, that's just me.
So, as it turns out, the picture of the kinda scary Easter Bunny was the property of the Director of Web Media of the the First Baptist Church of Springdale & The Church at Pinnacle Hills in Rogers. Here's the email I received today: 'Hello, Yesterday I noticed that you had used a photo from a blog we maintain, BetweenSundays.com. After seeing that you had used it in a post, I removed the image from the server. Please remove the call to this image on your post dated April 04, 2007. I appreciate your time and consideration. Any further use of digital images without our consent will force us to take legal action.'
I know what you are thinking.... Saturday I wrestled with the Salvation Army and today I'm back at it, now with the Baptist's - at this rate I am likely going to hell.
But you don't understand..... I don't want to go to hell. Even though I confess, I am not a church goer, nor am I the devote Anglican as I was baptised, I am not a bad person. I love my fellow man, cherish all, believe in higher powers, I'm thoughtful, considerate, law abiding etc. I don't go to Church because I feel that I would be somehow lying to myself - I have never sorted out what I actually believe in and until I do, I won't be going.
My point of all this.... well, aside from the threat of 'legal action' - wosh... was that a bit harsh or what? It's not like I was putting their photos all over 'nasty' sites, nor was I using them in derogatory ways, I didn't make t-shirts and I wasn't going to use it in any other form. It was a cute and funny picture - great photographer actually, I liked it, you liked, we used it. We certainly meant no harm.
Okay, I know you are nail biting waiting to hear how I responded.... okay, here it is: 'My sincere apologies 'name withheld' (I could get sued for using it) There were no disclaimers on your photo, in fact it was found on a random 'Google images, Easter Bunnies' search.
I do not use copyrighted or protected images, your image was allowed.
Perhaps you may want to do some research on protecting your images and not allowing them to be searchable on the Internet.
Have a wonderful day and all the best to you (name withheld).'
To that, this was his response: 'Thank you for your quick response and timely action. I appreciate your concern, but while I am concerned about the use of our digital media, I am not interested in removing them from search engines.
I did, however, find a great source of information that you might want to read when you get a chance. It explains that all intellectual property belongs to the creator, regardless of copyrights. Might be helpful.
http://www.2learn.ca/copyright/gencopyright.html'
Okay, I've been made to feel like a criminal.... yes, I've been punished again.... I guess if I would have known who the creator was, I may have asked to use the image. On the other hand, had there been a disclaimer or the creator's name, I would have likely just passed the photo by and found another one to use instead.
And no, I don't agree with the response. I've said it over and over again. Don't put shit on the Internet that you don't want others to see or use. That goes for nasty comments about your boss or your best friend, video of you and hubby/wife getting it on, pictures of your kids, pictures of your house, of yourself naked....
Time and time again I run into people who lash out against what can be found online. Now, before anyone takes my comments to extremes, I've said it before and I will say it again - there is no place anywhere for the likes of child porn, abuse, etc. There are sick, demented people out there. For this same reason, I don't like to see pictures that are searchable of stuff that these freaks can grab and use for their personal gratification. That's sick and there are 'humans' that do it. Let us all agree that there is nasty, disgusting, repulsive shit online - govern yourself accordingly. The same Internet is responsible for global communications, shared knowledge, resources etc, heck it even helps the Baptist Church out by disseminating knowledge and teachings. It's not all bad.
What ever has happened to being reasonable Internet citizens though? The 'Good Director of Web Development' will not take measures to protect his images that will restrict them from 'searches', but he will chastise me and threaten legal action if I persist. Hey, I'm the good guy here. Think of how many freaks with fetishes about people dressed in Easter Bunny outfits are out there - those are the ones the 'Good Director' needs to worry about.
Besides that I'm not 100% sure that you can claim ownership of a photo that is posted on the Internet which the creator has not taken the time to put their tag/name or TM on ... I do know (from consulting our lawyer, who specializes in e-com and Internet) that there are some very muddy areas. I can seriously say though, I do not have the energy, desire or bandwidth to argue with Mr. Director any further, so I'll just allow him this one and be done with funny looking Easter Bunnies from Baptist websites.
I am not out to piss in any one's cornflakes - (shit, can I say that without a copyright allowance?), I would have appreciated a quick note from the 'Director' saying.... hey, pulled your picture, didn't like how it was used, next time, please don't use mine. Have a great day.
On that note... You all behave and have yourselves a Hot Cherry Day!
Tuesday, April 10, 2007
Subscribe to:
Posts (Atom)
