Thursday, April 12, 2007

Don't steal our images, don't steal our texts

I know, it's an endless fight.
After a long day, a frustrating long day chasing copies of our photos and texts on the Web, I decided I would try to explain again.

It is clearly written on several places on this site that " All images, photos, illustrations and texts on this site are protected and copyrighted. Texts, photos and illustrations are the property of Marie-Aude Koiransky (www.lumieredelune.com) when not said otherwise.
Reproduction or representation, in part or totally, of pages, data, information, or any other element part of this site, by any mean or way, is forbidden and, without our written agreement, is a breach of copyright and a counterfeiting and piracy." And for example here.

I thought this was clear, wasn't it ? Putting some date on the Web, on a page, does not mean it's free to use for anyone. The "free" content (that one can use again and again like he wants) cannot be presumed, it must be clearly indicated. Everything which is not labelled "free of right" or "under Creative Commons Licence" cannot be used without our authorization. And, yes, you have a right to quote. To quote means use a few sentences, one or two lines. With the source, and the name of the author. According to French and European law, the right to quote does not apply to images, and the fair use does not exist. You cannot use, modify, frame or whatsoever one of our images without our authorization.

And this is true also according to Moroccan law. You know this similarity between our legislation, my Moroccan friends, who are the very firsts to claim your right to your image (which I respect), to ask for money for the simplest street shot, where you might be spotted as an unrecognizable shadow. I respect your right, respect my rights as a photographer and an author.

What does that mean, practically ?


Any use which is not authorized and goes beyond the limits of the quotation will be tracked. Use made for commercial activities, whatever they are, will be invoiced with a minimum of 500 euros for an image, or for a text. (So an image and a text are 1.000 euros). You find this is a lot ? Maybe. But I'm the owner, I'm the seller, I fix the prices. You use, you buy, you pay.

This is a lot, you say ? Not that much, in fact.

Let's start with the texts


I spent a lot of time doing this website. Around four months for the French version, around a month for the translation in English, and maybe another month for all additional material, including this blog.
I took the time to look for information, to check its accuracy, to avoid the mistakes, to write myself, with my own words, I also tried to optimize the content for Google.
Which seems to work somehow, as you arrived on this site, easily. We have more than 40.000 visitors a month, and on many queries, we are on the first page.

When you copy and paste, in five seconds, you appropriate yourself all this work. Do you really think it's normal ?
Let's imagine you have a restaurant, and I want to open one. I pass by, I like your plates, I take them...
How would you call that ?
It's exactly the same thing to copy our texts. A professional writer costs money, you take for yourself a work you neither paid, nor did. And on top of that, most of the time "you" are our direct competitors.
And you make us some damage, on top of that (Look in Google for "duplicate content" and you'll get the idea).

For images, for pictures, it's even worse to me.


One of my friends, also a photographer, told me once that she felt like being raped when someone used her images. Without going that far, at least for me, it is a very unnerving, frustrating and saddening experience.
You, who are not a photographer, you who just look for nice images for your website or your blog, you think it's easy, just a second to make a shot. Then do it. Yourself.

I'm photographing for more than fifteen years. During these fifteen years, I trained myself, I made a lot of bad images (I still do, but fewer), I read books, magazines, I attended trainings, I went to exhibitions. I trained my eye, and my technical skills. If I'm able, now, to make "the good shot" in a second, it is only thanks to all these years. Photography is, like any craft, a question of training and practice.

It's also a question of equipment. Not only, not mainly, but that's a part of it. I invested in a camera and lenses that helps me to photos in difficult situation (and photo is not easy in Morocco. Light is beautiful, but difficult). I have a computer, I paid the licence of a photo processing software, I have external drives for back-up, a burner, the big screen I need to process my images without too much colour problems, and again, I spent some time learning all that. Once again, techniques, time and money. All that are a part of what helps me to take a photo "in a second".

And when you have done the same thing as I, you'll understand it is not the essential part of it.
To make a photo is to show how one sees the world. How I apprehend it, what I find beautiful, or ugly, shocking or exciting. There is in my portraits what I feel for the people I show. There is in my landscapes, in my flowers, my macros, my perception, my sensitivity. Not yours. When you appropriate one of my images, it's a little bit of myself that you steal, and that's what is infuriating.

Last but not least, legal aspects.


Exclusivity. I'm a photographer. Which means, basically, I make a living of selling my images. Some of my customers want images only for themselves, and are ready to pay for that. When my images stay on my websites, I can remove them when it is needed, asap. When you copy them on your site, without mentioning my rights, you launch them away... God knows where they will arrive ! This is a damage to me.
Image right. I respect the right of the persons. When it is necessary (you can just look yourself what that means), I have an authorization to use these images. This authorization can be limited, restricted for example, to my website. Not yours. Taking this image, you don't respect the rights of these persons. If a woman accepted that I make her portrait, and that I show it, she might not accept the same thing for you. You have no idea of the relation we could have.

For a long time, I did not want to spoil the image with a watermark. But this is necessary. Hateful, ugly, and necessary. The pages of this site are protected by Copyscape, watermarks and tags will appear quickly. I regret it.

Once again, all images, photos, illustrations and texts on this site are protected and copyrighted. Texts, photos and illustrations are the property of Marie-Aude Koiransky (www.lumieredelune.com) when not said otherwise.
Reproduction or representation, in part or totally, of pages, data, information, or any other element part of this site, by any mean or way, is forbidden and, without our written agreement, is a breach of copyright and a counterfeiting and piracy. Any non-authorized use, longer than the normal quote, and made by any commercial structure or person will be invoiced at least 500 euros. Any non-commercial use which will not be removed or modified quickly enough will be invoiced the same way. Web is not a Far West when everything is free of rights and free of charge.

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5 Comments:

  • At 6:32 AM, Blogger xoussef said…

    Bon courage, you need all of it to pursue that. A little solace would be that only good material is likely to be plagiarized.

     
  • At 2:03 PM, Blogger Marie-Aude said…

    Thank you, I really appreciate.

    The worst is ... it's not good material, it's easy to find material. OK, this means good search engine optimization, which is also a skill... but nothing to do with photogrpahy.

    Merci pour tes passages réguliers :)

     
  • At 7:43 AM, Blogger xoussef said…

    maybe easy for you, you still need to be OUT there and Do it.
    keep on blogging ;) wondering around here is always a pleasur.

     
  • At 8:39 AM, Blogger saudi stepford wife said…

    Thank you for the comment on my blog, it lead me to yours which is quite interesting.

    I have a question, and since you've brought up the topic I'll ask you. I've put several images on my blog, some of which I've linked the pictures back to the original source that I took it from. Is that allowable or is that rude/illegal?

     
  • At 8:54 AM, Blogger Marie-Aude said…

    Thanks for passing by :)and for your kind comment.

    In general, it is acceptable to use one or two images, as long as you link back to the source, and mention directly the author on your post.

    I personnally always add the step of informing directly on the blog, or asking directly the author, but of course I'm a little bit sensitive on the topic ;)

    Taking an image without mentionning its source is bad Unfortunatly, as many people do it, it becomes very difficult to konw the real source of an image...

     

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