Wednesday, April 29, 2009

As I was flipping the pages of Lifestyle magazine ...

I was taking a break and flipping through April's issue of Lifestyle and came across a page which had a list of courses by the People's Association. Being a member, I looked through the list and found some of them rather interesting. As I was about to turn to the next page, something red caught my attention and I took a closer look. I was thinking to myself that the photograph looked very familiar.


So what I did next was head to my flickr page and ploughed through my set of Fabrics that I had. And I found what I was looking for. Here, take a look at a screen shot of my flickr page with a photograph of a batik fabric that I took and posted on 15 October 2005 ...

And I also had a post on my blog with the same photograph on 16 October 2005 cuz I was so pleased with my purchases.

Now this is where I need you to make a comparison with the photograph that I took and put up on the net versus the one used by PA (see below). They did rotate the photograph (I tried and it looks exactly the same, where the flowers got cut off etc).

I was very very surprised. I have had people dropping me emails to ask if they could use this photo or that photo and I have never said no before. And yeah, if you're using the photograph for your own use, go ahead and 'borrow' photographs off the net (though I still think it's common courtesy to drop the person an email to let them know). But here, they have used this photograph, no credit given for a publication that they charge people for. Even New Scientist Magazine gave me a small token for the use of one of my photographs.

I have written to them to ask for an explanation and let's see if they will reply to my queries....

Update on 6 May 2009:

Received prompt reply and they kindly explained it all to me. Very enlightening actually. 

Firstly, their investigation showed that their staff did not download the photograph from my blog or flickr page as I quoted in my email. Hmmm, okay, have a better understanding now. Since it's not from my website, there is a possibility that it's not my photograph ...

And secondly, I need to provide 'a Statutory Declaration to that effect and further comprehensive proof of the ownership of the copy rights by negatives or the digital memory in which the photographs were originally stored in' before anything can be done. Hmm, silly of me to not have done this for all my 1,023 photographs that I have uploaded online. So please take note if you do share your photographs online, please ensure that you get an SD done. Homework for the weekend, let's find out how this is done. Anyone has any ideas? Can share so that everyone can learn and protect their photographs.

And thirdly, unless I can produce concrete proof of my 'allegations of copyright infringement' nothing will be done. Fair enough. Since I have no 'concrete proof', guess the matter will just have to end here. 

So learning point here for everyone, especially myself. On the internet, if you do not copyright your materials, it's free for all to help themselves to it. And I am so naive to think that out of courtesy, one would drop an email to ask for permission for use, especially if it's for commercial purpose. But I guess just because I do it, stupid of me to assume that others will do because legally, nobody needs to (unless materials have been copyrighted). Point noted. And because I have no concrete proof that the photograph is mine, there is a huge possibility that the photograph could really not belong to me. Lesson learnt!

Having said all that, I would like to take this opportunity also to thank all those who actually took the time to write to me to ask if you could use my photographs. I really appreciate it (even more now) because I learnt today that you didn't have to, and the fact that you did, really warms my heart to know that there are still people out there who share the same sentiments as I do about using photographs from others, even those like mine that I have not copyrighted. I have never said no to anyone who wanted to use my photographs (as long as they are used in a proper manner that does not harm or disrespect anything or anyone). Sadly though, I am really thinking carefully on how I should upload my photographs from now on .....

3 Comments:

Anonymous Anonymous said...

Good luck on your quest, Kawan, cos if you do get a reply, be very surprised. Cos that's probably when the moon has turned a proverbial blue. If you want a response, a legal letter works better. Tiga Alif

11:48 pm  
Blogger Me, Myself n I said...

*laughs* You right there girl. Let's wait and see. If they reply, me buy you drink k. Not one of those 'We will get back to you reply' but proper reply to explain their actions! Any drinks, on me!

12:27 am  
Blogger Fiona Kathleen Hogan said...

Oh good grief.

If they don't give you a reply in a few working days - and I don't just mean "we acknowledge your email and will revert to you" sort of stuff, then you definitely need to get this escalated.

Good luck, will cross fingers and toes for you!

11:50 am  

Post a Comment

<< Home