Spam Blogs

Going through the stats of this blog and seeing where people are coming from, I noticed that Docksidepress searched for photos of his that were blogged on others blogs. Lo-and-behold, there were a few spam blogs using his photos on their sites. I’ve ran into this myself with photos from my sewer backup. But what can you do about it?

Now, at this point, I need to make two things clear..disclaimers if you will.
1) By sending a photo to the grand rapids flickr group and allowing blogging, you are letting us use that photo on this blog, either through the flickr widget, as a pick of the day, or for articles. If we have done this and you DON’T want us to use that photo, PLEASE let us know and we will remove it immediately.
2) I am not a lawyer , nor do I claim to be, so take this advice with a grain of salt. If someone is a lawyer and wants to correct this for me, please let me know.


Now, back to the good stuff. First of all, Flickr lets you set your creative commons rights, either by default or on an individual photo basis. There are alot of options, but if you give people full rights, this article does not apply. If you give commercial rights, this article does not apply. This article is for people who have expressed that commercial use is not allowed. Personally, I have a “Attribution-NonCommercial-ShareAlike” rights on all my photos. What this means is this:

You are free:

  • to copy, distribute, display, and perform the work
  • to make derivative works

Under the following conditions:

by

Attribution. You must attribute the work in the manner specified by the author or licensor.

nc

Noncommercial. You may not use this work for commercial purposes.

sa

Share Alike. If you alter, transform, or build upon this work, you may distribute the resulting work only under a license identical to this one.

  • For any reuse or distribution, you must make clear to others the license terms of this work.
  • Any of these conditions can be waived if you get permission from the copyright holder.

So, if any blog is out there using my photo, in which there is a commercial motives (adsence), they can not use my photos.

Recently, I did a blog search myself and found some of my photos being used to sell insurance on a blog, since this is illegal, I took matters into my own hands, and here is what I’ve done. Nothing has happened yet, but still.

Step1: I found out the company name and contact address and email address of the person in charge, normally some “company name” that operated by someone out of their home.

Step2: I sent an email to this person informing him that he was using an image illegally and told him how much I charge for a stock art photoshot. Here is the email I sent:

Date: Thu, 21 Sep 2006 16:26:31 -0700 (PDT)
From: myself
Subject: Unauthorized useage of photography
To: that person

Good morning,

I’m writing you to let you know that on your website you use an image of mine without authorization which is protected by the creative commons license of: Attribution-NonCommercial-ShareAlike 2.5
more information about this can be found at: http://creativecommons.org/licenses/by-nc-sa/2.5/

Since your website is a commercial website dealing with life insurance and offing ad links on it, it is in clear violation of this license. An image has been made of this page along with a time stamp to prevent editing of the webpage. If needed, a link to the page in question will be provided along with the image as proof.

My fee that I charge clients of mine for royalty free stock photography is 899.00 USD with payment due within 30 days of billing. After those 30 days a 25% fee is added on. The information for payment will be in the invoice that you will be receiving shortly.

If you would like a rights managed version of that photo, the charge for websites is $2000.00 USD. Please let me know if this is what you are wanting so I can invoice you properly.

Response is not needed, but failure to pay after 3 months will result in a filing at small claims court in Grand Rapids, Michigan, USA

Thank you,

Chad VanWalsum

Step3: I used the invoicing service

Step4: This is where I am now. I am weekly sending reminders about the invoice through blinksale and at the end of the month (October 21st) I will resend the invoice through snail mail and email again with the balance due 25% higher. I will continue with these steps until payment is received or the end of the three months in which I will then file a claim in small claims courts for the costs that I have ensued with mailing and court costs, along with the final billing amount.

Step5: If they do not pay, I can then contact google and the small claims court to have their wages that they earn through google garnished until the point that my payment has been received.

I do not plan on receiving anything even after small claims court, so you need to make sure that you are willing to go all the way. Luckily for my, I do have access to a lawyer if it gets to that point.

Hopefully this has been use-full to you for people who enjoy making money off your photography. Below are some use-full links along with all the creative commons licenses.

Licences:

Attribution 2.5

You are free:

  • to copy, distribute, display, and perform the work
  • to make derivative works
  • to make commercial use of the work

Under the following conditions:

by

Attribution. You must attribute the work in the manner specified by the author or licensor.

  • For any reuse or distribution, you must make clear to others the license terms of this work.
  • Any of these conditions can be waived if you get permission from the copyright holder.

Attribution-NoDerivs 2.5

You are free:

  • to copy, distribute, display, and perform the work
  • to make commercial use of the work

Under the following conditions:

by

Attribution. You must attribute the work in the manner specified by the author or licensor.

nd

No Derivative Works. You may not alter, transform, or build upon this work.

  • For any reuse or distribution, you must make clear to others the license terms of this work.
  • Any of these conditions can be waived if you get permission from the copyright holder.

Attribution-NonCommercial-NoDerivs 2.5

You are free:

  • to copy, distribute, display, and perform the work

Under the following conditions:

by

Attribution. You must attribute the work in the manner specified by the author or licensor.

nc

Noncommercial. You may not use this work for commercial purposes.

nd

No Derivative Works. You may not alter, transform, or build upon this work.

  • For any reuse or distribution, you must make clear to others the license terms of this work.
  • Any of these conditions can be waived if you get permission from the copyright holder.

Attribution-NonCommercial 2.5

You are free:

  • to copy, distribute, display, and perform the work
  • to make derivative works

Under the following conditions:

by

Attribution. You must attribute the work in the manner specified by the author or licensor.

nc

Noncommercial. You may not use this work for commercial purposes.

  • For any reuse or distribution, you must make clear to others the license terms of this work.
  • Any of these conditions can be waived if you get permission from the copyright holder.

Attribution-ShareAlike 2.5

You are free:

  • to copy, distribute, display, and perform the work
  • to make derivative works
  • to make commercial use of the work

Under the following conditions:

by

Attribution. You must attribute the work in the manner specified by the author or licensor.

sa

Share Alike. If you alter, transform, or build upon this work, you may distribute the resulting work only under a license identical to this one.

  • For any reuse or distribution, you must make clear to others the license terms of this work.
  • Any of these conditions can be waived if you get permission from the copyright holder.

Attribution-NonCommercial-ShareAlike 2.5

You are free:

  • to copy, distribute, display, and perform the work
  • to make derivative works

Under the following conditions:

by

Attribution. You must attribute the work in the manner specified by the author or licensor.

nc

Noncommercial. You may not use this work for commercial purposes.

sa

Share Alike. If you alter, transform, or build upon this work, you may distribute the resulting work only under a license identical to this one.

  • For any reuse or distribution, you must make clear to others the license terms of this work.
  • Any of these conditions can be waived if you get permission from the copyright holder.

How to find your photos used on blogs:
http://netomer.de/flickrtools/inspector/#info

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