THIS. Just because my work is iconic, doesn't mean you can infringe on my copyright. Just because you CALL something a meme does not make it transformative work.
I'm sick of people stealing my images for their own benefit. I defend my work. Here is the image in question: https://twitter.com/ItsCanadianLife/status/1316638849632595968
I'm sick of people stealing my images for their own benefit. I defend my work. Here is the image in question: https://twitter.com/ItsCanadianLife/status/1316638849632595968
Just because you find something in a Google Image search does not give you permission to use it. The pervasive (and incorrect) mentality that finding something online immediately makes it available to you, is, well, wrong.
Ignorance is not a defense.
Ignorance is not a defense.
I have registered this image with both the Canadian Intellectual Property Office and the United States Copyright Office. Even if I didn't do that, I STILL own all of the rights to my work. So does everyone, unless they voluntarily give up such rights.
"Meme" accounts are a collection of other people's work, often times taken without permission, compensation, or credit. This does not meet the measures of Fair Use (US) or Fair Dealing (Canada). It's all copyright infringement if that's the case.
And just because an image or video goes "viral" does not negate the fact that the original creator maintains copyright of it. The courts have decided that: https://www.finnegan.com/en/insights/blogs/incontestable/viral-is-still-copyrighted-even-to-learn-where-trump-is.html
This is an image, by the way, that I do not normally license. I don't want it entangled with private, corporate, political or religious interests. I also use it in my own branding (e-mail signature and back of my business cards). Misappropriating this image devalues my own brand.
I defend my work, and so should every creator. Twitter has a simple form to fill out: https://help.twitter.com/forms/dmca
So does Facebook: https://www.facebook.com/help/contact/copyrightform
And Instagram: https://help.instagram.com/contact/552695131608132
And Pinterest: https://www.pinterest.ca/about/copyright/dmca-pin/
So does Facebook: https://www.facebook.com/help/contact/copyrightform
And Instagram: https://help.instagram.com/contact/552695131608132
And Pinterest: https://www.pinterest.ca/about/copyright/dmca-pin/
Content creators deserve to get compensation for the work they create. Period. Some people don't believe their work has value, and that is often preyed on by companies offering "exposure". Don't fall for it. I have been asked MANY times to use my work for free. It's my livelihood
Additionally, stealing a photo is, in my opinion, somehow worse than stealing a song. In those instances, you can still identify the artist. When you use a photo without permission or credit, the photographer becomes unidentifiable.
You can discover if other people are misusing your work very easily. Many search engines allow you to upload your image as the search item itself, showcasing where it shows up online. Here's a few:
https://images.google.com/
https://www.bing.com/images/
https://yandex.com/images/
https://images.google.com/
https://www.bing.com/images/
https://yandex.com/images/
There are also services like https://infringement.report/ (which I subscribe to) which will search hundreds of your images daily and give you a report on what has been found and where. For commercial infringements, I send them to my lawyer. You should too.
Defend your work, people. Don't let others on the Internet walk all over you just because they are ignorant to your rights. This often happens silently without your knowledge. Don't let it. Defending your rights also helps other photographers. Spread the word.
And just in case @ItsCanadianLife decides to delete their original tweet, don't bother. I've saved it for you.
Have a life. I am a professional photographer who puts a roof over my family's head with my photographic efforts. Ironically, it's a roof I am paying to have re-shingled in a week. I can't pay for that with how you've mistreated my work. Good day.
I have been asked why I didn't just contact them directly. First of all, that's hard to do via Twitter if DMs are closed. Secondly, I often receive belligerent responses and have been told "go f--- yourself" on numerous occasions.
DMCA takedown notices are the way to go.
DMCA takedown notices are the way to go.
Follow-up question I received about how many takedown notices I send out.
Too many.
I have sent out well over a thousand this year.
Too many.
I have sent out well over a thousand this year.