A narrow escape from a copyright infringement allegation.
In business for over 30 years ….. This is the first time I’ve ever encountered anything like this.
Setting the scene. Molly is a local business person who had extended some kindnesses to me. I was seeking opportunities to reciprocate and had already done some promotional work for her.
The subject photographs referred to here were products of a photo-shoot by Polly for Molly at Molly’s business premises
There are 4 parties to this saga.
Molly the manufacturer.
Polly the photographer and friend of the manufacturer.
Lolly: Owner of one or more canine models and friend of the photographer.
Teddy Towncrier; At the dead center of this vortex.
When Molly sent me photographs of a couple of doggies enjoying Molly’s creations at her location; Towncrier soon crafted an engaging, memorable video for Molly’s product with embedded links to external pages and although I hadn’t received an order, Molly was delighted. We then consummated a deal.
The video was created with viral distribution in mind and realistically, could have enjoyed several million views and probable interest for wholesale orders from across the continent.
Soon after it was uploaded; I received the first of a series of angry eMails, from Polly the photographer demanding that I remove the video from public display citing the use of copyrighted materials without the owner’s permission. Molly subsequently confirmed that she didn’t have releases for the photographs even though they were of her products taken on her premises.
It seems that Polly was initially delighted until Lolly the owner of one of the canine models had freaked about her darling poochie becoming a star and plastered over the Internet.
We removed the video to shield Molly from any unpleasantness
The losers from all this ……
Molly lost the promotion for her product.
Polly creates some breathtakingly beautiful images which I would have cheerfully included in promotions for Toronto (With full credit). . …. She lost this promotion and all future, mention of her work. (Towncrier’s interactive videos embed hot-links to external showcases and sites outside the video).
I lost 5 hrs of production plus another 4 hrs assembling a defence file in case we were talking to a judge.
Lolly probably lost a few nights sleep because her darling had a starring role in an Internet movie, now playing in the land of those horrible Internet Stalkers.
I wasn’t aware that the doggie stars did not belong to Molly or would have certainly crossed the required “T”s.
The facts are true. Names have been changed to protect the innocent and the paranoid and to keep legal ammunition to a minimum.
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We would be interested to hear hear what your position would be and how you would have handled this.
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I hardly think that anyone would recognize a dog and what whould happen even then?!
SO what! And photographers might want to celebrate when they get free exposure (no pun intended)…Unfortunately this crowd seems a bit unenlightened.
Comment by Linda Fergusson — April 22, 2009 @ 4:18 pm |
Sounds like me, being retired from broadcasting from over 30 years, that the lady(owner) with the dogs. HAS SOMETHING TO HIDE……ARE THE DOGS REALLY HERS, DID SHE FIND THEM??? IS SHE AFRAID THAT THE REAL OWNERS MIGHT SEE THEM AND WANT THEM BACK AFTER THEY MAKE FAME……I think she should be thanking you Ted for using them, after all, your making them famous not her.
this is so sad for good christians to act this way, when most times people are just trying to do good for people…….
I am so sadden by this,
Linda
Comment by Linda — April 22, 2009 @ 8:00 pm |
just as there is no accounting for the differing tastes of people – there is no accounting for the infinite perceptions that each individual may have –
It sounded as if the photographer simply wanted to be asked or recognition that she had created the images – but what to do about the star of the show? – that is something you might be able to negotiate – perhaps with a bone or two – ?
There is no end to the imagination of people and to their ability to place objections right in front of the path of a business person – sometimes with the motivation of capturing a few dollars for themselves – other times – perhaps they might be in alliance with her competition – and in a few instances – well who knows what mental space or outer space they may be occupying –
perhaps you might be willing to set up another shoot with willing stars and star owners – a consenting photographer and go at it again – considering the first attempt as a dress rehearsal – don’t let you good ideas and intentions go to waste –
Comment by Walter Paul Bebirian — April 24, 2009 @ 4:31 am |
Thanks for this Walter Paul. …. I was hoping you would jump in with your insights.
As a publishers; We’re constantly seeking stories. Had I been aware; Would have certainly given full credit and been delighted to showcase the photographer both in our community blog and possibly do an interview for GlobespanTV’s “In your Neighbourhood”.
The Manufacturer and I are OK and I’ll drop in and set up another shoot. …. The only bone I’m inclined to bring in to the current scenerio is an Elephant femur.
Take a look at Walter Paul’s work, folks. It’s fabulous.
Ted.
Comment by teddytowncrier — April 24, 2009 @ 8:12 am |