Save Yourself Money!
Hello beautiful people,
I hope you are all doing well.
It has been a while since I have written a blog on the plaform...however, all is good. I have been busy with this thing called life and the lessons to be learned from it.
I would like to share one very recent lesson.
I wrote an article in December 2016 and used an image from one of the 'presumably free sites'. Based on the current outcome of my situation, things must have changed for the photographer. It seems that he later sold the image (did not remove it from public images) and the company that bought the image - of course copyrighted his work.
I received an email from the legal mind of the company. Very nicely written asking me if I had a license to use the image and if I did, then I could ignore the email, however, on the other hand, if I did not, then I was infringing on their copyright license.
I immediately removed the image from my article and replied to them saying that I had done so, in addtion to the fact that I did not know that the image was copyrighted. Of course, this was all well and good but not enough for them. They wanted me to 'pay' for the 'usage'.
I did some research on all these possible scams when it comes to images, asked a few members here in the forum and ultimately, got a few conflicting answers on how to proceed. Well, so as not to hold anyone ransom to my ultimate decision, I had to make one of my own.
I was scared to say the least...especially with the dollar amount that the company was asking for as compensation.
Long story short...I had to hire a lawyer to resolve the issue. I ended up paying more that it was worth (in my eyes) and needless to say, money that I did not earmark for a situation such as this one.
My advice to those who will heed it...double check and double check if you use images from public spaces (even those which are 'known' to supply 'free images') and as an added step, ensure that all the articles that you use - link the images with a disclaimer ....something like - 'Images courtesy of Pixabay' and a credit link if there is one - or wherever you get the image from. Worst case scenario, the photographer or company can see that credit is indeed given and as well as the source of the image.
I am not saying that this will stop any future issues, but, 'by george', it will give you some bargaining power - if you even have to use it.
Continued success to everyone...and just be ready to take the lesson that your experience offers and share it with those that it may help.
Namaste
Michelle
Recent Comments
91
That was a very unfair situation. I'm sorry that you had that happen. Thanks for sharing it so we can all learn.
Take care
Lily 😊
Hey Lily,
It's just called life...you never know. However, the important 'take away' is how you choose to 'react' to whatever happens.
Much success.
M
ps
Appreciate your kind words.
Namaste
Ouch, Michelle, that one hurts, sometimes it can be worth fighting, some legal firms are quite predatory, and then again we just have to lick our wounds and learn from the experience sometimes.
There is a thing called fair use and in this situation, I would say that your episode would fall into that category given the detail that you supplied on this post. although giving credit is a safeguard, one all too easy to forget.
I find that using an app called tin eye can be very helpful, it does a reverse image search on the image lets you know how many instances of that image exist online.
It gives an indication of ownership, anything that falls into stock images or an agency is to be avoided like the plague.
This is how they track you down by using this app.
https://tineye.com/
It is free to use but obviously there is a premium version.
Hope, that is helpful.
Thank you for sharing and take care.
Alex
Hey Alex,
How are you? Hope well.
Yes, I hear you on 'fair use'. I did my research but it was a 'thin line' and in truth... not worth the legal time and money it would take to 'win the case'.
I did find out about 'tin eye' and yes, it is now in my arsenal too. Thnx for that.
As always, thnx for your thoughts and be well.
M
Very good Michelle thank you for asking, most probably like you a couple more hours would be a fine thing.
Deciding when to retreat can be the defining moment. Some battles are not worth fighting and then sometimes it can be worth calling a bluff.
You will be pleased to get this behind you, one of those things we don't see coming and it is the one you don't hear or see that gets you.
TinEye should be in everyone's tool kit.
Best wishes and take care.
Alex
Yes indeed...to the toolkit addition...and knowing each situation's 'defining moment'.
Glad all is well on your end. Have a great week, Alex.
M
I think we are paying people who likely using this tool, Alex...I will check to see how much the paid version is, and if not too much, we can maybe save some money by doing this research in-house...
Thanks for the share and tip on this!
Cheers!
Dave : )
Hi, Dave good idea, there are definitely folks using this tool to ping unsuspecting website creators.
I think the business model that they use is "no result no pay".
It doesn't cost the creative, the agency/ attorneys take a commission, I suspect it would be a lucrative commission and the excess is paid to the creative.
Alex
Wow, so sorry to hear about your troubles with a supposedly free-to-use image that, at the end of the day, was not. There are whole offices full of lawyers that are out there looking for this kind of situation...
A while back there was a member here that I and others had a heated discussion with regarding this same subject. In our case, we are using a lot of images from AliExpress and potentially the same can be said...
They are free to use until they are not. We have been approached a couple of times asking us to replace some images which we have done immediately. No further issue...
Because of that, we secured some outside services that included checking for this kind of thing. It cost some money, but less likely and no hassle...
Generally, it was insurance against this kind of thing (and more), and we even went to the extent of making sure that the webmaster agency we employed at the time (this is in the past now, the entire business model has shifted somewhat) has similar insurance...
The person we had the discussion here with had a team/service that was looking for violators and he also had been posting some of his images on the "free sites."
I let him know that I thought there should be some culpability on his/photographer's side, but his take was that we all need to know better and take precautions...which we had already...
Thanks for the reminder, and so sorry to hear of your troubles and glad that it is behind you. There are companies/people that prey on the unwary or unknowing for sure, and even when we try to do the right thing, things can happen...
Cheers!
Dave :(
Hey there D,
How are you? I hope doing fine.
Yes and yes and yes...predators, et al. One can never be too careful, sometimes even when you seem to cross all T's and dot all 'I's'.
Appreciate your thoughts and kind words. Continued success.
M
Thks for sharing your experience and lesson to be learn. Is a really important things to know. I think it happen all the time less than we might expected but we must be taken more precaution on what is copyright. 🙏👌👆
Yes, H,
It does happen peridically. Some people talk about it to share the experience so other don't fall prey, some people don't talk about it because -
1/they feel guilty that they should know better
2/it might damage their reputation of 'perfect' and 'untouchable'
3/pure and utter embarrassment
In any event, a word to the wise is sufficient as my history teacher would always tell our class.
Much success.
M
Thanks for the advice and I am so sorry to hear about your experience.
Wishing you all the best
Darren :)
Hi Michelle
Oe, that was a scary experience, wasn't it? Thank you for sharing and for the advice about giving credit - I take that on board.
Wishing you all of the very best!
Sharlee (Chocolate IceCream)
Hey there S,
Yes, it was scary (to put it mildy) but all's well that ends well. Thanks for your kind words.
Namaste
M
Hi Sharlee!
How are things? I have not seen you around for a while, hope things are well for you and the other half!
Isn't this terrible what Michelle had to go through? These days as soon as you start to have some success, people will gun to get their hands into your pocket it seems...
I am glad that Michelle shared this experience, it likely will help members here who may not have considered the ramifications of using images without authorization...
Anyway, good to "see" you here (and the rest of the old gang too, of course)...
Cheers!
Dave : )
Dearest lovely Dave!
Awww, thank you for the "welcome back" lovely Friend! Yes, Hubby and I are well (again). ;-)
Yes, it is so easy to get caught like that, I am so grateful that Michelle shared it with us.
I'll send you a PM! Meanwhile, look well after yourself, Dave, your friendship is appreciated!
Sharlee (Chocolate IceCream)
Hi Michelle
Well said: "All is well that ends well!" ;-) However, I'm still sorry that you had to go through that!
Wishing you all of the very best!
Sharlee (Chocolate IceCream)
Yikes...too funny, now I can laugh...and yes, love life experiences...maybe not while they are happening, however, I choose to take the lesson and move on!
Namaste
M
Thanks for sharing your experience with "so called" free to use images from "so called" trusted resources. We always have to do our own research to be totally sure the image is copyright free. Very good advice Michelle, and I hope that the damage has been limited.
Thnx Loes, you are so right. Yes, the damage was 'hard', however the experience is priceless. Thanks for being you and being someone that I can always 'bounce ideas' off. Have a great week.
M
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What superb advice and something I could not have ever envisaged. So thank you so much.
Now about to head over to all of my posts and add the copyright and disclaimer...
there are so many ways to unwittingly infringe laws and bylaws, thank goodness for the family 👍
No problem and you're welcome, C. All the best.
M