Three Palms Photography Blog

After realizing that some of my snow images had made their way across the Internet, I looked at the statistics and logs of my website to find out who had been visiting my site. The logs allow site owners to analyze traffic and “hits” that the website is getting. From the logs, I was able to link back to other websites where my images were being posted. From there, I was able to make contact with the site owners informing them that my images were being displayed without my permission. In some cases, I asked that my images be taken down. In other cases, depending on whether or not the site was “for profit”, I asked that I be given credit for the images and that a link back to my website be posted. I am happy to report that all website owners complied with my requests. If the site was a public “for profit” photography gallery like Flickr, PhotoBucket, SmugMug, or WebShots, it was necessary to submit an email notifying them of the abuse in this standard format:

• Identify the copyrighted work or other intellectual property that you claim has been infringed;
• Identify the material on the site that you claim is infringing, with enough detail so that we may locate it on the website;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
• Your address, telephone number, and email address; and
• Your physical or electronic signature.

I am pleased to report that all the “for profit” sites complied with my requests, also. As of this writing, however, I am still finding my images posted in public and private galleries. Once an image is out in the public, it is virtually impossible to keep track of and prevent copyright abuses. Sure, there are things to do in order to make it more difficult for images to be used without permission. However, there are ways around these protections. Even though images are protected by copyright the moment the shutter is depressed, the most important action to take is to protect them by registering them with the U. S. Copyright Office. Unfortunately, I did not learn about this process until after my images had been used. Registering, among other things, means statutory damages and attorney’s fees will be available to the copyright owner in court actions. Even though images are protected and even though it is not required, placing a copyright notice on or watermarking the images makes it more difficult, but not impossible, for someone to alter and use images without permission. Personally, I do not like placing copyright notices or watermarks on my images. Though, had I done so, perhaps I would not be in the position I am in now.